Rural Municipality of Macdonald Zoning By-Law No. 10/25
Rural Municipality of Macdonald, Manitoba
· adopted 2025-08-26
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RURAL MUNICIPALITY OF MACDONALD ZONING BY-LAW
BY-LAW NO. 10/25
RM OF MACDONALD ZONING BY-LAW NO. 10/25
I
INTRODUCTION
This Zoning By-Law shall be used in accordance with the Macdonald-Ritchot Planning District (the District)
Development Plan and any amendments thereto, including Secondary Plans either currently or subsequently
adopted by the RM of Macdonald. The District Development Plan and Secondary Plans establish policies and
objectives to manage growth and change. The Zoning By-Law, in turn, implements these policies and
objectives through corresponding land use and development regulations.
HOW TO USE THIS BY-LAW
This Zoning By-Law regulates the use, size, height, and location of buildings and structures on properties
within the RM of Macdonald. In order to determine these regulations for any specific property, following the
four-step process outlined below will help you acquire the information you need.
Step 1 - Identify the Applicable Zoning District
→ Use the Zoning Maps [PART 8] to determine the zoning district in which your property is located.
→ Reference PART 4: Zoning Districts of this By-Law for a description of that zoning district.
→ Look at the District Development Plan to make sure your proposal aligns with relevant policies.
Step 2 - Identify Permitted / Conditional Uses in the Zoning District
→ Find the Use Table for the zoning district applicable to your property in PART 4: Zoning Districts.
→ Uses marked with the letter "P" are permitted and may be developed once you have a permit.
→ Uses marked with the letter "C" are conditional and may or may not be permitted depending on the
circumstances of the proposal, as evaluated according to the criteria provided in PART 7.
→ Uses marked with the symbol "-" are not permitted in the applicable zoning district.
→ Uses marked with a * have special requirements as set out in PART 5: Use Specific Standards.
Step 3 - Identify How and Where Your Property can be Developed
→ Find the Dimensional Standards table for the applicable zoning district in PART 4: Zoning Districts.
→ The Dimensional Standards table provides information on building heights, sizes, and required yards,
as well as other spatial requirements for development sites.
→ Look at PART 3: General Regulations for details on regulations applicable to all development.
→ Reference PART 2: Definitions as needed to ensure a complete understanding of this By-Law.
Step 4 - Identify the Permits / Approvals Required to Proceed
→ In most cases, you will require a Development Permit before you can proceed with any change in
land use or development, but when in doubt you should contact the RM of Macdonald.
→ Reference PART 7: Administration to see if your planned development is exempt from needing a
Development Permit, in which case you may proceed with the project, as long as your project meets
the other requirements of this By-Law and other applicable Municipal By-Laws.
→ You are responsible for finding out any other provincial or federal regulations that apply to your
development, as well as any other permits you are required to obtain from the RM of Macdonald.
RM OF MACDONALD ZONING BY-LAW NO. 10/25
II
TABLE OF CONTENTS
PART 1 APPLICABILITY AND INTERPRETATION ......................................................................... 1
1.1
TITLE ........................................................................................................................................... 1
1.2
SCOPE ........................................................................................................................................ 1
1.3
PURPOSE ................................................................................................................................... 1
1.4
AUTHORITY ................................................................................................................................ 1
1.5
INTERPRETATION ..................................................................................................................... 2
PART 2 DEFINITIONS ........................................................................................................................ 5
2.1
GENERAL DEFINITIONS ............................................................................................................ 5
2.2
USE CLASS DEFINITIONS ....................................................................................................... 19
PART 3 GENERAL REGULATIONS ............................................................................................... 32
3.1
APPLICABILITY ......................................................................................................................... 32
3.2
REGULATION OF USES ........................................................................................................... 32
3.3
MULTIPLE USES OR PROVISIONS ......................................................................................... 32
3.4
NUMBER OF DWELLINGS PER PARCEL OF LAND................................................................ 32
3.5
ACCESSORY USES, BUILDINGS AND STRUCTURES .......................................................... 32
3.6
TEMPORARY USES, BUILDINGS AND STRUCTURES .......................................................... 33
3.7
PROHIBITED USES .................................................................................................................. 34
3.8
SITE AND YARD REQUIREMENTS .......................................................................................... 34
3.9
PERMITTED YARD PROJECTIONS ......................................................................................... 35
3.10
BUILDING AND STRUCTURE HEIGHTS ................................................................................. 37
3.11
VERTICAL PROJECTIONS ....................................................................................................... 37
3.12
SERVICE CONNECTIONS ........................................................................................................ 37
3.13
SITE ACCESS ...........................................................................................................................38
3.14
SITE EXCAVATION, STRIPPING AND GRADING ................................................................... 38
3.15
LAND DRAINAGE ..................................................................................................................... 39
3.16
LANDSCAPING ......................................................................................................................... 39
3.17
FENCES AND SCREENING ...................................................................................................... 41
3.18
PRIVATE HOT TUBS AND/OR PRIVATE SWIMMING POOLS ................................................ 42
3.19
OUTDOOR LIGHTING ............................................................................................................... 43
3.20
OUTDOOR STORAGE .............................................................................................................. 43
3.21
SHIPPING CONTAINERS ......................................................................................................... 44
3.22
CORNER VISION TRIANGLE ................................................................................................... 45
3.23
SUBDIVISION OF ATTACHED DWELLINGS OR UNITS ......................................................... 45
3.24
MOVING OF STRUCTURES ..................................................................................................... 46
3.25
PUBLIC UTILITIES AND COMMERCIAL COMMUNICATIONS TOWERS .............................. .46
3.26
FUTURE ROAD ALLOWANCES ............................................................................................... 46
3.27
SIGNS ........................................................................................................................................ 47
3.28
PARKING AND LOADING ......................................................................................................... 53
PART 4 ZONING DISTRICTS .......................................................................................................... 59
4.1
ESTABLISHMENT OF ZONING DISTRICTS ............................................................................ 59
4.2
PERMITTED AND CONDITIONAL USES ................................................................................. 60
4.3
BULK STANDARDS .................................................................................................................. 61
4.4
AGRICULTURAL ZONING DISTRICTS .................................................................................... 62
4.5
RESIDENTIAL ZONING DISTRICTS ........................................................................................ 65
4.6
COMMERCIAL ZONING DISTRICTS ........................................................................................ 69
4.7
INDUSTRIAL ZONING DISTRICTS ........................................................................................... 74
4.8
COMMUNITY ZONING DISTRICTS .......................................................................................... 78
4.9
GENERAL DEVELOPMENT ZONING DISTRICT ..................................................................... 80
4.10
DEVELOPMENT RESERVE ZONING DISTRICT ..................................................................... 84
RM OF MACDONALD ZONING BY-LAW NO. 10/25
III
PART 5 USE SPECIFIC STANDARDS ............................................................................................ 86
5.1
APPLICABILITY ......................................................................................................................... 86
5.2
AGRI-TOURISM ........................................................................................................................ 86
5.3
LIVESTOCK OPERATIONS ...................................................................................................... 86
5.4
RESIDENTIAL RELATED FARMS ............................................................................................ 89
5.5
NON-FARM RURAL DWELLINGS ............................................................................................ 90
5.6
HOME-BASED BUSINESSES ................................................................................................... 90
5.7
HOME-BASED INDUSTRIES .................................................................................................... 91
5.8
LIVE-WORK UNITS ................................................................................................................... 92
5.9
DETACHED SECONDARY SUITES ......................................................................................... 93
5.10
ATTACHED SECONDARY SUITES .......................................................................................... 94
5.11
MIXED COMMERCIAL-RESIDENTIAL DEVELOPMENTS ....................................................... 94
5.12
PLANNED UNIT DEVELOPMENTS .......................................................................................... 94
5.13
MOBILE HOME DWELLINGS ................................................................................................... 95
5.14
MOBILE HOME PARKS........................................................................................................... ..95
5.15
DRIVE-THROUGH FACILITIES .................................................................................................96
5.16
SERVICE STATIONS AND FUEL SALES ..................................................................................97
5.17
EATING AND DRINKING ESTABLISHMENTS ....................................................................... ..97
5.18
BED AND BREAKFASTS ..........................................................................................................98
5.19
SHORT-TERM RENTALS ....................................................................................................... ..98
5.20
SOLAR COLLECTORS .............................................................................................................99
5.21
WIND ENERGY GENERATING SYSTEMS ..............................................................................99
5.22
CANNABIS RETAIL STORES ..................................................................................................100
5.23
SELF-STORAGE FACILITIES ................................................................................................. 100
5.24
BILLBOARD ADVERTISING SIGNS ....................................................................................... 100
5.25
PUBLIC PARKS AND PLAYGROUNDS .................................................................................. 101
5.26
HAZARDOUS STORAGE AND ANHYDROUS AMMONIA FACILITIES ................................. .101
5.27
WAYSIDE PITS AND QUARRIES ........................................................................................... .101
PART 6 SPECIAL AREAS ............................................................................................................. 102
6.1
APPLICABILITY ....................................................................................................................... 102
6.2
PROVINCIAL ROADS AND HIGHWAYS ................................................................................ 102
6.3
FLOOD HAZARD AREAS ........................................................................................................ 102
6.4
RIPARIAN AREAS AND UNSUITABLE LANDS ...................................................................... 103
6.5
RAILWAY OPERATIONS ........................................................................................................ 104
6.6
WASTEWATER TREATMENT FACILITIES ............................................................................ 104
6.7
HIGH PRESSURE NATURAL GAS FACILITIES ..................................................................... 104
6.8
6.9
AIRCRAFT FLIGHT VICINITY AREAS .................................................................................... 105
PART 7 ADMINISTRATION ........................................................................................................... 106
7.1
RESPONSIBLE AUTHORITY .................................................................................................. 106
7.2
CONTROL OF DEVELOPMENT ............................................................................................. 106
7.3
DEVELOPMENT PERMITS ..................................................................................................... 106
7.4
CONDITIONAL USES .............................................................................................................. 109
7.5
VARIANCE ORDERS .............................................................................................................. 111
7.6
ZONING AMENDMENTS ........................................................................................................ 112
7.7
SUBDIVISIONS ....................................................................................................................... 112
7.8
RESPONSIBILITIES OF COUNCIL ......................................................................................... 113
7.9
RESPONSIBILITIES OF DESIGNATED OFFICER ................................................................. 113
7.10
DUTIES OF THE OWNER ....................................................................................................... 114
7.11
NON-CONFORMITIES ............................................................................................................ 115
7.12
PREVIOUS VIOLATIONS ........................................................................................................ 117
7.13
REMEDIES AND PENALTIES ................................................................................................. 117
7.14
EFFECTIVE DATE ................................................................................................................... 117
7.15
TRANSITION FROM PREVIOUS BY-LAW ............................................................................. 117
RM OF MACDONALD ZONING BY-LAW NO. 10/25
IV
PART 8 ZONING MAPS ................................................................................................................. 119
APPENDIX A
CONSOLIDATED USE TABLE............................................................................ 121
List of Figures:
Figure 1: Signs .............................................................................................................................. 14
Figure 2: Site Depth ...................................................................................................................... 15
Figure 3: Site Lines ...................................................................................................................... 16
Figure 4: Yards ............................................................................................................................. 18
Figure 5: Detached Secondary Suite ........................................................................................... 22
Figure 6: Attached Secondary Suite ............................................................................................ 23
Figure 7: Types of Sites ............................................................................................................... 35
Figure 8: Roof Heights ................................................................................................................. 37
Figure 9: Corner Vision Triangle .................................................................................................. 45
Figure 10: Determining Sign Surface Area................................................................................... 52
Figure 11: Standard Parking Aisle and Space Dimensions .......................................................... 56
List of Tables:
Table 3-1 - Permitted Yard Projections ......................................................................................... 36
Table 3-2 - Maximum Fence Height Provisions ............................................................................. 46
Table 3-3 - Accessory Sign Standards for Zoning Districts ......................................................... 48
Table 3-4 - Accessory Off-Street Parking Requirements ............................................................ 54
Table 3-5 - Dimensional Standards for Parking Aisles and Spaces ............................................ 56
Table 3-6 - Accessible Parking Space Requirements ................................................................. 57
Table 3-7 - Accessory Off-Street Loading Requirements ............................................................ 58
Table 4-1 - Zoning Districts Established ...................................................................................... 59
Table 4-2 - Agricultural District Uses ........................................................................................... 62
Table 4-3 - Agricultural District Bulk Standards ........................................................................... 64
Table 4-4 - Residential District Uses ........................................................................................... 65
Table 4-5 - Residential District Bulk Standards ........................................................................... 67
Table 4-6 - Commercial District Uses .......................................................................................... 69
Table 4-7 - Commercial District Bulk Standards.......................................................................... 72
Table 4-8 - Industrial District Uses .............................................................................................. 74
Table 4-9 - Industrial District Bulk Standards .............................................................................. 76
Table 4-10 - Community District Uses ......................................................................................... 78
Table 4-11 - Community District Bulk Standards ........................................................................ 79
Table 4-12 - General Development District Uses ........................................................................ 80
Table 4-13 - General Development District Bulk Standards ........................................................ 83
Table 4-14 - Development Reserve District Uses ....................................................................... 84
Table 4-15 - Development Reserve Bulk Standards ................................................................... 85
Table 5-1 - Animal Unit Calculations ........................................................................................... 87
Table 5-2 - Livestock Mutual Separation Distance Calculations ................................................. 88
RM OF MACDONALD ZONING BY-LAW
1
PART 1 APPLICABILITY AND INTERPRETATION
1.1
TITLE
a)
This By-Law shall be known as the "Rural Municipality of Macdonald Zoning By-Law" and may
be cited as such.
1.2
SCOPE
a)
This By-Law shall apply to all lands within the Rural Municipality (RM) of Macdonald as indicated
on Map 1 of PART 8 of this By-Law.
1.3
PURPOSE
This By-Law is intended to:
a)
Ensure all land use and development in the RM of Macdonald generally conforms with the
policies and objectives of the District Development Plan.
b)
Outline the powers and duties of the RM of Macdonald Council (Council), the Designated
Officer, and the landowner or developer as they relate to this By-Law.
c)
Regulate the following:
i. All buildings and structures erected hereafter;
ii. All uses of buildings, structures, and land established hereafter;
iii. All structural alterations or relocations of existing buildings and structures occurring
hereafter;
iv. All changes of use of buildings, structures, and land; and,
v. All enlargements or additions to existing buildings, structures, and uses.
1.4
AUTHORITY
1.4.1
Use and Development of Buildings, Structures and Land Must Comply
a) Within the RM of Macdonald, no land, building or structure shall be used or occupied, and no
building or structure shall be constructed, erected, altered, enlarged or placed, except in
accordance with this By-Law and any conditional use, variance order, Development Permit or
Development Agreement issued under this By-Law.
1.4.2
Relation to Other Laws, By-Laws, Regulations and Requirements
a) In such cases when a provision of another law or regulation of the provincial or federal
government contains a restriction governing the same subject matter as contained in this By-
RM OF MACDONALD ZONING BY-LAW
2
Law or imposes inconsistent regulations or standards with respect to land uses, buildings, or
structures, the most restrictive or highest standard shall be applied.
b) In such cases when this By-Law and another RM of Macdonald By-Law contain conflicting or
overlapping regulations, the most restrictive or highest standard shall be applied.
c) In such cases when the contents of a variance order, conditional use order, or Development
Agreement issued by the RM of Macdonald impose conflicting or overlapping requirements with
those contained in this By-Law, the most restrictive or highest standard shall apply.
1.5
INTERPRETATION
1.5.1
Text
The following rules of interpretation shall apply to the text of this By-Law:
a) Words, phrases, and terms defined in this By-Law shall be given the defined meaning.
b) Words, phrases, and terms that are not defined in this By-Law but defined in The Planning Act,
or any other provincial or federal Acts, or any other By-Laws, regulations or standards of the RM
of Macdonald referenced herein, shall be given the defined meaning.
c) Words, phrases, and terms that are not defined in this By-Law nor in provincial or federal Acts,
or in other By-Laws, regulations or standards of the RM of Macdonald referenced herein, shall
be given their usual and customary meaning except where, in the opinion of Council, the context
clearly indicates a different meaning.
d) The phrase "used for" includes "arranged for", "maintained for", "designed for", or "occupied
for".
e) The word "includes" or "including" shall not limit a term to the specified examples, but rather, is
intended to extend the meaning to all instances or circumstances of like kind or character.
f)
The word "person" includes an individual, a corporation, a partnership, an incorporated
association, or any other similar entity.
g) Unless the context clearly indicates otherwise, the meaning of words used in the singular form
shall extend to the plural as well, and vice versa.
h) Unless the context clearly indicated the contrary, where a regulation involves two or more items,
conditions, provisions or events connected by the conjunctions "and", "or", or "and/or", the
conjunctions shall be interpreted as follows:
i. "and" indicates that all the connected items, conditions, provisions or events shall apply;
ii. "or" indicates that the connected items, conditions, provisions or events shall apply singly,
but not in combination; and,
iii. "and/or" indicates that all the connected items, conditions, provisions or events may apply
singly or in combination.
RM OF MACDONALD ZONING BY-LAW
3
1.5.2
Illustrations
a) Drawings and illustrations form part of this By-Law and are provided to assist the user in
interpreting and understanding the regulations of this By-Law. Where any inconsistency or
conflict arises between a drawing or illustration and the text of the By-Law, the text governs.
1.5.3
Tables
a) Tables form part of this By-Law and provide regulatory standards, either to supplement text or in
place of text. Table headings, including column headings, row headings, and groupings of
columns and rows, form part of this By-Law and have legal effect. Table notes, located within
the tables, indicate special situations that affect the application of standards to specific zoning
districts and also form part of this By-Law. Where any inconsistency or conflict arises between a
table and the text of this By-Law, the text governs.
1.5.4
Zoning Maps
a) The location and boundaries of the zoning districts established herein are identified on the
Zoning Maps which form PART 8 of this By-Law. The boundaries of zoning districts shown on
the Zoning Maps shall be interpreted in accordance with the provisions of section 4.1.1.
1.5.5
Units of Measurement
a) For convenience, dimensions in this Zoning By-Law have been provided using imperial and
metric measurements. In such cases where a discrepancy occurs between the imperial and
metric measurements provided herein, the imperial standard shall govern.
1.5.6
Contents and Organization
a) The content of this By-Law is divided into PARTS for ease of reference as follows:
PART 1: APPLICABILITY AND INTERPRETATION
Establishes the title, scope, purpose, and authority of this By-Law, in addition to providing guidance
for its interpretation.
PART 2: DEFINITIONS
Provides definitions for general terms and terms related to signs and land uses included herein.
PART 3: GENERAL REGULATIONS
Outlines general regulations and requirements pertaining to development in all zoning districts.
PART 4: ZONING DISTRICTS
Establishes zoning districts for the RM of Macdonald and outlines the intent, permitted and
conditional uses, dimensional standards, and additional provisions applicable to the districts.
RM OF MACDONALD ZONING BY-LAW
4
PART 5: USE SPECIFIC STANDARDS
Outlines additional regulations and requirements pertaining to specific land uses and types of
development in the RM of Macdonald.
PART 6: SPECIAL AREAS
Outlines additional regulations and requirements for areas in the RM of Macdonald with special site
constraints and/or conditions.
PART 7: ADMINISTRATION
Provides direction for administering this By-Law, including the authorities of Council and the
Designated Officer, as well as provisions for Development Permits and approvals procedures.
PART 8: ZONING MAPS
Contains the maps demonstrating the locations and boundaries of prescribed zoning districts.
RM OF MACDONALD ZONING BY-LAW
5
PART 2 DEFINITIONS
2.1
GENERAL DEFINITIONS
A
Abut / Abutting: means immediately contiguous to or touching and, when used with respect to a lot or site,
means the lot or site touches upon another lot, site, right-of-way, or piece of land and shares a property line
or boundary with it.
Accessibility: means that all individuals regardless of their physical abilities can safely and freely enter or
use a space without encountering and navigating obstacles that are not inherent to the facility design.
Accessory Building or Structure: means a building or structure erected in conjunction with or subsequent
to the erection or establishment of the principal building or use to which it is accessory, and is subordinate or
naturally and normally incidental to, and located on the same zoning site as, the principal building or use.
Accessory Building or Structure, Attached: means an accessory building or structure that is
substantially attached to and treated the same as the principal building to which it is accessory.
Accessory Building or Structure, Detached: means an accessory building or structure that is
entirely detached from and treated differently than the principal building to which it is accessory.
Accessory Use: means a subordinate or incidental use of a building or site that may only be established in
conjunction with or subsequent to the establishment of the principal use to which it is accessory.
Act, the: means The Planning Act (C.C.S.M. c. P80) of Manitoba and any amendments thereto.
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 area and height.
Alteration, Incidental: means changes or replacements in the non-structural parts of a building or
structure, including but not limited to the following:
i.
An addition, alteration, removal, reconstruction or replacement on the non-structural exterior of
a residential building;
ii.
An addition, alteration, removal, reconstruction or replacement of any unroofed driveway,
sidewalk, patio or any accessory building floor;
iii.
Alteration of non-load bearing interior partitions in all types of buildings;
iv.
Replacement of, or changes in, the capacity of utility pipes, ducts or conduits;
v.
Replacement and placement of necessary roofing materials, awnings, eaves, overhangs and
related structures, provided the area and height of the roof are not increased;
vi.
The addition and replacement of interior structures such as furnaces, fuel tanks, water heaters,
fireplaces or wood stoves; and,
vii.
Replacement of exterior building facades.
RM OF MACDONALD ZONING BY-LAW
6
Alteration, Structural: means any change prolonging the life of the supporting members of a
building or structure that includes, but is not limited to bearing walls, columns, beams or girders.
Amenity Area: means an area exterior to a residential building or an interior area common to all dwelling
units within a residential building, which is designed and intended mainly for the leisure and recreation of
the occupants of the building.
Animal Unit (AU): means the number of animals of a particular livestock classification that will excrete 160.9
lbs (73 kg) of total nitrogen in a 12-month period.
Applicant: means a registered owner or an owner's authorized agent who has filed an application subject to
the provisions of this By-Law.
Awning / 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 entrance way or a window.
B
Basement: means the portion of a building or structure which is wholly partially below grade, with not more
than one-half of its height from finished floor to finished ceiling located above grade.
Boarder: means a person who is provided lodging in exchange for a fee or services at another person's
residence.
Buffer: means an area of land, including any associated landscaping features, that is intended to provide a
means of separation between two types of development that are generally incompatible.
Building: has the meaning provided in The Planning Act, except that it does not include a well, pipeline,
excavation, cut, fill, or transmission line.
Building, Height of: means the total number of storeys in a building or the vertical distance
measured from grade to the highest point of the roof surface for flat and shed roofs, to the deck for a
mansard roof, and to the total height between eaves and ridge for gable and hip roofs.
Building Location Certificate: means survey performed by a Manitoba Land Surveyor for the location of
buildings on a property including any buildings or structure that encroach from neighbouring properties.
Bulk Standards: means a development requirement that establishes standards for site sizes, the form of
buildings and structures on a site, and the buildable area within which buildings and structures can be located
including lot coverage, required yards, height, site area, and other standards defined in PART 4.
C
Cannabis: means cannabis as defined in The Cannabis Act (Canada).
RM OF MACDONALD ZONING BY-LAW
7
Conditional Use: means a use of a building or site identified as a conditional use in this By-Law that may be
approved in accordance with The Planning Act. Conditional uses may have unique or widely varying
operating characteristics, potential operational or other impacts on adjacent properties, or unusual site
development demands, which require special consideration and the opportunity for public feedback.
Condominium: means the individual ownership of a unit in a multi-unit structure where expenses common to
all parties are shared, as established under the provisions of The Condominium Act.
Condominium, Bareland: means a condominium plan upon which one or more units are defined by
delineation of horizontal boundaries of the unit without reference to any buildings.
Construction: means Construction as defined in The Planning Act.
Controlled Area: means any area established as a controlled area under the Controlled Areas and Limited-
Access Highways Regulation under The Transportation Infrastructure Act and any amendments thereto.
Council: means the elected Council for the RM of Macdonald.
D
Density: means the total number of dwelling units in relation to the total land area to be developed.
Designated Officer: means the person appointed by Council to carry out duties and responsibilities which
Council has assigned to them, including but not limited to those outlined herein.
Development: means Development as defined in The Planning Act.
Development Permit: means a permit authorizing development that is subject to the RM of Macdonald
Zoning By-Law in effect, issued by an authorized representative of the RM of Macdonald.
Development Plan: means the District Development Plan as adopted by By-Law and all amendments thereto.
Dwelling: means one or more habitable rooms used or intended to be used as a single housekeeping unit with
cooking, sleeping, and sanitary facilities.
E
Enlargement: means an addition to the floor area of an existing building or structure, or an increase in the
portion of a parcel of land occupied by an existing use.
Extension: means an increase in the amount of existing floor area used for an existing use, within an existing
building.
RM OF MACDONALD ZONING BY-LAW
8
F
Fabric/Canvas-Covered Structure: means a pre-manufactured structure consisting of wood, tubular
metal or tubular plastic framing that is covered on the roof and up to three sides with fabric, reinforced
plastic, vinyl or other sheet material intended for storage purposes.
Farm Building or Structure: means any buildings or structures existing or constructed on land used
principally for agricultural activities not including dwellings.
Fence: means a structure or partition that is constructed to mark the boundary of a property, enclosing a
property, providing privacy, preventing access, or dividing a property into sections, and includes every door,
gate and/or other closure that forms part of a fence.
Flood Proofed: means measures taken to ensure that a structure or building is safe from the effects
of flooding and includes prohibiting openings of any kind such as windows, doors and vents, or
electrical equipment below the flood datum.
Flood Risk Area: means land adjacent to a watercourse that is divided into two parts: the Floodway and the
Floodway Fringe. The Floodway includes the area where the majority of floodwaters pass; the Floodway
Fringe includes the area outside the Floodway that may be subjected to periodic flooding or inundation of
floodwaters.
Floor Area, Gross (GFA) : means the sum of the gross horizontal areas of all floors of the buildings
and structures located on a site, measured from the exterior faces of exterior walls, or from the centre line
of partitions, excluding spaces in a basement, cellar, penthouse or on a rooftop used for the storage of
mechanical or heating equipment, and any space within the building used for accessory parking or loading.
Frontage: means all that portion of a site fronting on a street and measured between side site lines.
G
Game Farm: means a development where elk, wild boar, bison, etc. are held in captivity, pursuant to The
Livestock Industry Diversification Act and The Wildlife Act.
Garage: means an accessory building or part of a principal building designed and used primarily for the
storage of motor vehicles and may also include the incidental storage of other personal property.
Grade: means either the elevation of the finished ground surface at any specific reference point, at any point
on the slope between two specific reference points on a site, or a combination thereof as determined by the
Designated Officer.
H
Habitable Room or Space: means a room or enclosed space used or intended to be used for living and
sleeping purposes, but does not include bathrooms, utility rooms, laundries, pantries, foyers, corridors,
closets, storage rooms, and rooms in basements or cellars used for recreational purposes only.
RM OF MACDONALD ZONING BY-LAW
9
Hazardous Area: means an area having inherent environmental hazards that have caused or may cause risk
to health, safety, life, and property, which includes, but is not limited to, the following conditions:
i. Flooding of local watercourses or water bodies;
ii. Erosion or cutting of land due to the action of water in an adjacent watercourse or water body;
iii. Riverbank instability or slumping;
iv. Landslides, including mudslides;
v. Subsidence; and,
vi. Local ponding due to improper surface drainage.
Hazardous Materials: means any materials that are buoyant, flammable, toxic, or explosive.
I
[reserved]
J
[reserved]
K
[reserved]
L
Landscaping: means any combination of trees, shrubs, flowers, grass, or other horticultural elements,
decorative stonework, paving, screening, or other architectural elements, all of which are designed to
enhance the visual amenity of a site or to provide a screen between sites to mitigate the potential effects of
incompatible features or uses.
Lane: means a public thoroughfare not more than 33 feet (10 metres) in width that affords only a secondary
means of access to abutting sites and which is not intended for general traffic circulation.
Livestock: means the holding, grazing or raising of chickens, horses, turkeys, cattle, hogs, mink, rabbits,
sheep, goats, as well as any other animal or fowl animals in a confined or unconfined area.
Loading Area: means an open area of land, not including within a public right-of-way, or an area within a
structure used for the loading and unloading of materials, merchandise, or people from motor vehicles.
Loading Space: means that portion of a loading facility or area, excluding vehicle manoeuvring areas such
as aisles and driveways, that will accommodate one motor vehicle.
Lot: see parcel of land definition.
Lot Line: means one of the fixed boundaries defining the area of the lot.
RM OF MACDONALD ZONING BY-LAW
10
M
Manure Storage Facility: means a structure, earthen storage facility, molehill, tank or other facility used
to store manure, and includes any permanent equipment or structures in or by which manure is moved to
or from the storage facility, but does not include: a field storage site; a vehicle or other mobile equipment used
to transport or dispose of manure; a gutter or concrete storage pit used to store liquid or semi-solid manure
for less than thirty days; a collection basin, or a composting site for manure or mortalities.
Modular Home Dwelling: means a dwelling unit which is manufactured or fabricated off-site in two or more
near complete standardized sections or units, and then assembled onto a permanent foundation at the
building site in accordance with CSA A-277 building regulations and all amendments thereto.
Motor Home: means a certified and licensed vehicular structure, as defined in The Highway Traffic Act, used
for recreational travel and temporary accommodation, and is not connected to Municipal services.
N
Non-Conforming / Non-Conformity: means any use, structure, sign, or parcel of land, individually or in
combination, which lawfully existed prior to the effective date of this By-Law, but that does not conform to one
or more of the applicable standards on the effective date of this By-Law.
Nuisance: means anything that interferes with the use or enjoyment of property, endangers personal health or
safety, or is offensive to the senses.
O
Outdoor Storage: means the storage of merchandise, goods, inventory, materials or equipment or other
items that are not intended for immediate sale outdoors rather than in a completely enclosed structure.
Owner: means owner as defined in The Planning Act.
P
Parcel of Land: means the aggregate of all land described in any manner in a certificate of title.
Parking Aisle: means that portion of a parking facility or area that provides vehicular access to a parking
space, not directly from a driveway or street, and includes aisles providing access to loading space.
Parking Area: means an open area of land, not including on a street or lane, or an area within a structure
used primarily for the parking of vehicles.
RM OF MACDONALD ZONING BY-LAW
11
Parking Driveway: means that portion of a parking facility or area that provides vehicular access to a parking
aisle or space, and includes driveways providing access to a loading space or area.
Parking Space: means that portion of a parking facility or area, excluding vehicle manoeuvring areas such as
aisles and driveways, that will accommodate one motor vehicle.
Parking Space, Accessible: means that portion of a parking facility or area, excluding vehicle
manoeuvring areas such as aisles and driveways, that will accommodate one motor vehicle and that
has been designed and dimensioned in order to accommodate persons with disabilities, consistent
with The Accessibility for Manitobans Act and the associated standards herein.
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.
Performance Standard: means a standard established to control appearance, quality of materials,
noise, odour, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat
generated by, or inherent in, the use or use of a site, building, or structure.
Permitted Use: means the use of a site, building, or structure permitted in a zoning district by this By-Law for
which a Development Permit may be issued without the need for special administrative review or approval,
upon satisfaction the use conforms with the standards and requirements of this By-Law.
Principal Building: means the primary or predominant building on any site.
Principal Use: means the primary or predominant use on any site or within any building or structure.
Privacy Screening: means a feature that obscures direct and otherwise unimpeded sightlines. Common
examples include vegetative screening, such as trees and shrubs, lattice, masonry or wooden walls, parapet
walls, translucent glass, or any combination of these or like features. Privacy Screening does not include a
balustrade railing or similar railing system.
Private Swimming Pool: means an artificially constructed basin, lined with concrete, fiberglass, vinyl or like
material, that is capable of containing a water depth greater than 2 feet (0.6 metres) and is located on the
property of a single-unit, two-unit, or multiple-unit dwelling. This use includes outdoor hot tubs but does not
include public or semi-public swimming pools as provided for under The Public Health Act.
Prohibited Use: means a use that is not permitted in a zoning district.
Q
[reserved]
R
Ready-To-Move Dwelling: means a method of constructing a dwelling unit whereby all of its component
parts have been assembled in an off-site CSA-certified manufacturing facility and transported to a site where
it is anchored to a permanent foundation in accordance with the Manitoba Building Code, and where it is to
be occupied as a dwelling unit complete and ready for occupancy.
RM OF MACDONALD ZONING BY-LAW
12
Riparian Area: means an area of land on the banks of or near a water body that are capable of naturally
supporting an ecosystem that is distinct from the ecosystem of the adjacent upland areas.
Road Allowance: means a registered public street right-of-way.
S
Separation Distance: means a distance to be maintained between two uses, measured from the nearest
points of any structure or areas upon which the uses are located.
Shipping Container: means a portable shipping unit or truck box repurposed for storage purposes.
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 directs attention to a building, use, business, commodity, service, or entertainment.
Sign, Abandoned: means a sign which no longer correctly identifies a business or the products and
services offered on the site where the sign is located, or any sign which is not in a readable state.
Sign, Attached: means a sign that is structurally attached to the exterior of a building, including
awning, fascia, wall, projecting, and other attached or wall-mounted forms, as well as to on-site
landscape features such as rocks, fences or gabion walls.
Sign, Awning: means a sign that is incorporated into the material of an awning and does not extend
vertically or horizontally beyond the extent of the awning.
Sign, Billboard Advertising: see Use Class definitions.
Sign, Construction: means a sign which identifies a construction project and information
relative thereto that is temporary in nature.
Sign, Digital: means a sign that uses electronic screens, light emitting diodes, or similar technology.
Digital signs may include but are not limited to digital reader boards or digital static copy screens.
Sign, Directional: means a sign directing or regulating vehicular traffic, pedestrians, and other
members of the traveling public by indicating street names, points of access and egress, routes, and
similar information.
Sign, Event: means a sign that indicates the time, date, and type of event(s) scheduled for a venue
located on the same site or parcel of land.
Sign, Fascia / Wall: means a sign attached to or inscribed on a wall or other exterior surface, and
having the exposed face of the sign on a place approximately parallel to the plane of such wall or
RM OF MACDONALD ZONING BY-LAW
13
exterior surface, and projecting not more than 1.5 feet (0.45 metres) from the face of such wall. This
may include a sign attached to a marquee.
Sign, Flashing: means an illuminated sign which contains an intermittent or flashing artificial
light source rather than maintaining the illumination at a constant intensity and colour.
Sign, Freestanding: means a sign that is designed as a unit with a permanent, independent
structural support that is not attached to a building, including pylon and ground oriented signs.
Sign, Identification: means a sign that identifies a building or use by name, logo, slogan, street
address or any combination thereof, and which may direct attention to a use or commodity
conducted, offered, or sold on the same site, but does not include signs advertising goods, services,
or entertainment that is being offered on a different site than where the sign is located.
Sign, Illuminated: means a sign that transmits or reflects light from an artificial source.
Sign, Portable: means a sign which is mounted on a trailer, stand, or other support structure which
is designed in such a manner that the sign can be readily taken down or relocated, and which
may include copy that can be changed through the use of removable characters, panels, or by
electronic means.
Sign, Projecting: means a sign attached to a building, which extends perpendicularly beyond the
surface of that portion of the building to which it is attached.
Sign, Real Estate: means a sign advertising the sale, rental or lease of the premises on which it is
located.
Sign, Roof: means any sign erected wholly upon, against, or above the roof of any building, or on
top of or above the parapet of a building.
Sign, Sandwich Board: means a sign that is not permanently affixed to the ground or attached to a
building or structure and that includes a top hinge, to allow for an A-frame configuration, with sign
faces on either side of the hinged joint.
Sign, Temporary: means a sign which is not permanently anchored to a footing extending below
grade or permanently affixed to, or painted on, a building or structure. Temporary signs include
political campaign signs, real estate signs, construction signs, sandwich board signs, garage sale
signs, community event signs, and inflatable signs, but do not include portable signs.
Sign, Wayfinding: means a sign located on or off-site providing direction to, and information about,
a specific attraction, enterprise or activity, which does not contain general advertising.
Sign, Window: means a sign which is painted on, attached to, or installed on a window, or displayed
near a window, for the purpose of being viewed from outside the premises.
RM OF MACDONALD ZONING BY-LAW
14
Figure 1: Signs
Sign Area: means the entire area of the sign on which copy is intended to be placed. In the case of double-
faced or multi-faced sign, only half of the area of each face of the sign used to display advertising copy shall
be used in calculating the total sign area.
Site: means an area of land comprised of one or more abutting lots in a registered plan of subdivision under
the same landowner, or the aggregate of all contiguous land described in a certificate of title or in more than
one certificate of title, provided both certificates of title are under the same landowner.
Site, Corner: means a site situated at the intersection of two or more public streets, where the interior
angle of such intersection does not exceed 135 degrees.
Site, Flag: means a site lacking the required minimum site width or frontage on an existing or
proposed street but having direct access to that street by means of a narrow access corridor.
Site, Interior: means any site other than a corner, reverse corner or through site.
Site, Irregular: means an irregularly shaped site, the front, rear, and/or side site lines of which
cannot be defined as provided for herein, and shall be determined by the Designated Officer.
Site, Reverse Corner: means a corner site, the rear site line of which abuts the side site line of
another site.
Site, Through: means a site that abuts two or more public streets but does not abut the
intersection of those streets.
Site, Zoning: A parcel of land with frontage on a street, an unimproved public street that will be
improved pursuant to an agreement with the RM of Macdonald, or other lawful means of access
permitted by this By-Law, and of at least sufficient size to provide the minimum requirements for use,
area, yards, and other open spaces as are required by this By-Law, unless otherwise provided for
herein.
Site Area: means the amount of gross land area contained within the site lines.
RM OF MACDONALD ZONING BY-LAW
15
Site Coverage: means the percentage of the total site area covered by buildings, calculated by dividing the
square footage of all the building footprints on the site, measured at the lowest storey above grade, by the
square footage of the site area, excluding the following non-enclosed structures and site features:
i. Areas covered by open outdoor swimming pools and hot tubs;
ii. Open decks, landings, and stairs less than 4 feet (1.21 metres) above grade;
iii. Accessory structures with a cumulative site coverage that is less than 108 square feet (10 square
metres); and,
iv. Any permitted projections.
Site Depth: means the horizontal distance between the centre points of the front and rear site lines.
Figure 2: Site Depth
Site Line: means one of the fixed boundaries defining the area of the site.
Site Line, Front: means, in the case of an interior site, the site boundary that abuts the public street;
or, in the case of a through site, both site boundaries that abut public streets; or, in the case of a
corner site, the frontage that is a continuation of the front site line of an abutting interior site or, if
none, those frontages that, as front site lines, accord with the intent and purposes of yard and site
requirements.
Site Line, Rear: means the site boundary that is most nearly parallel to the front site line; or, any site
boundary that is in whole or in part the rear site line of an abutting site and as a rear site line accords
with the intent and purpose of yard and site requirements; or, in the case of a site where the side site
lines intersect, the rear site line is deemed to be a line 10 feet (3.05 metres) in length, located within
the site, parallel to and at the maximum distance from the front site line.
Site Line, Side: means any boundary of a site which is not a front or rear site line.
RM OF MACDONALD ZONING BY-LAW
16
Figure 3: Site Lines
Site Width: means the horizontal distance between the side site lines, measured at right angles to the site
depth at a point midway between the front and rear site lines, or 40 feet (12.19 metres) from the front site
line, whichever is the lesser.
Sleeping Unit: means a habitable room, or a group of two or more habitable rooms, not equipped with self-
contained cooking facilities, providing accommodation for not more than two persons.
Solar Collector, On-Site: means an accessory structure comprised of a panel or other solar energy device
with the purpose of gathering, storing, and distributing solar energy for electricity generation, space heating,
space cooling, or water heating, primarily intended to serve the electrical needs of the on-site user or
consumer and not intended to produce power for commercial sale and distribution to the electricity grid.
Typical forms include roof-top solar collectors.
Stacking Space: means an on-site queuing area for a passenger vehicle that is separated from other
vehicular traffic and pedestrian circulation by barriers, markings or signs.
Storey: means that portion of any building which is situated between the top of any floor and the top of the
floor next above it; and if there is no floor above it, that portion between the top of such floor and the ceiling
above it, but does not include a cellar.
Street: means a public thoroughfare or highway but does not include a public lane.
Structure: means a feature constructed or erected with a fixed location on or below the ground or attached
to something with such a fixed location. It includes, but is not limited to, buildings, walls, fences, signs,
light standards, decks, and antennas.
RM OF MACDONALD ZONING BY-LAW
17
T
Temporary Use, Buildings or Structure: means an incidental use, building or structure for which a
Development Permit has been issued for a limited time only by the Designated Officer.
Travel Trailer: means a certified and licensed portable vehicle designed for carrying persons as temporary
accommodation for recreational purposes that is towed by a motor vehicle.
Two-Hundred Year Flood: means a flood that, on average, is statistically expected to happen once in 200
years, as the probability of it occurring in any given year is 0.5%.
U
Use: means the purpose or activity for which a parcel of land, building, or structure is designed, arranged,
developed or intended, or for which it is occupied or maintained.
V
Variance: means the modification of a regulation in this By-Law.
Variance Order: means an order in respect of an application for a variance.
W
Watercourse: means the channel in or bed on which surface water flows or stands, whether continuously
or intermittently, but does not include a dugout, reservoir, intermittent slough, drainage ditch or
intermittent stream that is completely surrounded by private land controlled by the owner or operator of an
agricultural operation and that has no outflow going beyond the private land.
Wind Energy Generating System, On-Site: means a small-scale electrical generating facility primarily
intended to serve the electrical needs of the on-site user or consumer and not intended to produce power
for commercial sale and distribution to the electricity grid.
X
[reserved]
RM OF MACDONALD ZONING BY-LAW
18
Y
Yard: means an open area unobstructed from the ground to sky, unless otherwise provided for herein,
measured to the applicable site boundary from the closest finished exterior wall of a building.
Yard, Corner Side: means the yard extending along the side site line of a reverse corner site from
the front yard to the rear yard.
Yard, Front: means the yard extending along the full length of the front site line.
Yard, Rear: means the yard extending along the full length of the rear site line.
Yard, Side: means the yard extending along the side lot line from the front yard to the rear yard.
Figure 4: Yards
Z
Zoning District: means an area for which this By-Law has established uniform regulations and
requirements governing the use, dimensions, and operational characteristics of buildings and premises
located within the zoning district, as depicted on the zoning map or maps.
RM OF MACDONALD ZONING BY-LAW
19
2.2
USE CLASS DEFINITIONS
a) The Use Classes group individual land uses into a specified number of classes, with common
functional or physical impact characteristics.
b) The Use Classes are used to define the range of uses which are Permitted or Conditional Uses
within the Zoning Districts of this By-Law.
c) The typical uses which may be listed in the definitions are not intended to be exclusive or
restrictive. Reference should be made to the definition of the Use Class in determining whether
or not a use is included within a particular Use Class.
d) The types of uses listed under each use class definition are not exhaustive and do not represent
every use that may exist within the category. Where a specific use does not conform to the
wording of any Use Class definition or generally conforms to the wording of two or more Use
Class definitions, the Designated Officer may deem that the use conforms to and is included in
that Use Class. In such a case, this use shall be considered a Conditional Use, whether or not
the Use Class is listed as either a Permitted Use or Conditional Use within the applicable
Zoning District.
2.2.1 Agricultural Use Class
Abattoir: means a building, structure, or part thereof, used for the slaughtering of animals and related
activities.
Agri-Business: means a commercial establishment that provides goods or services to the agricultural sector.
Typical uses include farm equipment and machinery repair shops, bulk fuel stations, feed and fertilizer supply
operations, and commercial seed cleaning plants.
Agricultural Activities: means a use of land for agricultural purposes. Typical uses include farming, dairying,
pasturage, and agriculture, as well as accessory farm dwellings. This use does not include Livestock
Operations.
Agricultural Crop Protection Warehouse: means a facility used to store, blend and/or distribute chemicals
used for crop protection and production. Products can include herbicides, insecticides, fungicides,
rodenticide, and fertilizers. This use does not include Anhydrous Ammonia Facilities.
Agricultural Implement Sales and Service: means a building and open space area used for display, sale
and rental of new or used farm implements that includes repair work.
Agricultural Product Storage: means the temporary storage of any agricultural product for future use,
delivery or processing as per The Environment Act.
Agriculture Support Industry: means an industry, commercial service or retail business in which the major
product or service being bought, sold or processed is intended mainly for, from or by farmers. Typical uses
include aerial spraying companies, feed mills and seed plants. This use does not include Bulk Storage
Facilities or Anhydrous Ammonia Facilities.
RM OF MACDONALD ZONING BY-LAW
20
Agri-Tourism: means a service accessory to Agricultural Activities that promotes and educates the public
about farming. Typical uses include farm produce retail outlets, corn or hay mazes, petting zoos, hayrides,
sleigh rides, buggy or carriage rides, volunteer work experiences, seasonal activities and events related to the
farm such as farm tours and eating facilities, and provisions for associated overnight accommodation.
Anhydrous Ammonia Facility: means an area for the storage of anhydrous ammonia that is commonly used
as a fertilizer.
Auction Establishment, Livestock: means a development that is engaged in the sale of livestock to
members of the public bidding the highest offer, including the temporary storage of such livestock.
Cannabis Cultivation: means the licensed growing of cannabis plants and harvesting material from those
plants, and related activities.
Equestrian Establishment: means a facility engaged in the training of horses or the operation of a horse
riding academy or horse riding stables.
Farm Produce Outlet: means a building or structure where farm produce produced on-site is sold in season.
Livestock Operation: means a permanent or semi-permanent facility or non-grazing area where at least 10
AU of livestock are kept or raised (either indoors or outdoors), and includes all associated manure collection
facilities, but does not include a Livestock Auction Establishment.
Residential Related Farm, Major: means a development for small-to-medium-scale agricultural pursuits
ancillary to rural residential uses and/or where at least 3 AU of livestock up to and including 9.9 AU of
livestock (excluding pets) are kept or raised in a permanent or semi-permanent facility or non-grazing area
(either indoors or outdoors), and includes all associated manure collection facilities, but does not include a
Livestock Auction Establishment.
Residential Related Farm, Minor: means a development for small-scale agricultural pursuits ancillary to
rural residential uses and/or where less than 3 AUs of livestock or animals (excluding pets) are included, but
does not include a Livestock Auction Establishment.
Specialized Agriculture: means the use of land for apiculture, aquaculture, floriculture, horticulture including
market gardening, orchards and tree farming, and similar agricultural activities on a commercial basis, as well
as accessory farm dwellings.
Wildlife Rehabilitation Centre: means a facility whose purpose is to rehabilitate wildlife for release back
into the wild.
2.2.2 Residential Use Class
Live-Work Unit: means a residential dwelling unit that includes working space or a commercial business
establishment, regularly used by one or more residents of the dwelling unit, and whereby each "live" and
"work" component within the unit has an independent entrance from the outside in addition to interior access
between the "live" and "work" components, but does not include a home-based business or industry.
RM OF MACDONALD ZONING BY-LAW
21
Mobile Home Dwelling: means a dwelling unit designed for transportation after fabrication, whether on its
own wheels or on a flatbed or other trailer, and which arrives at the building site where it is to be occupied
as a dwelling complete and ready for occupancy, being on the building site on wheels, jacks or similar
supports, and having been built in accordance with CSA Z-240 building regulations and all amendments
thereto.
Multiple-Unit Dwelling: means a building located on a single site containing three or more principal
dwellings, such as apartment buildings and condominium complexes.
Non-Farm Rural Dwelling: means a single-unit dwelling or mobile home dwelling on a site used for
residential purposes, regardless of the owner's occupation, located within an agricultural zoning district. This
use does not include accessory farmstead dwellings established on the same site as a primary agricultural
use.
Planned Unit Development (PUD): means a land development project planned as an entity in
accordance with a unitary site plan, which permits flexibility in the siting of buildings, mixing of uses, and
housing types, and which may feature usable open spaces, multiple building owners, and preserved
natural areas.
Town House: means a development consisting of a building containing a row of three or more principal
dwellings joined in whole or in part at the side only, with none of those dwellings being placed over another in
whole or in part, and with each dwelling having separate, individual, and direct access to ground level.
Single-Unit Dwelling: means a building located on a single building site containing one dwelling unit, which
is separate from any other dwelling or building, and includes modular home dwellings, farmstead dwellings,
and ready-to-move dwellings, but does not include mobile home dwellings.
Two-Unit Dwelling: means a building located on a single site containing two dwellings horizontally divided
along a party wall or vertically divided at the ceiling of the ground-floor dwelling, with each dwelling having its
own independent entrance, such as a duplex or side-by-side.
2.2.3 Group Living Use Class
Boarding House: means a building, including but not limited to a single-unit dwelling or portion thereof,
in which living units with sleeping areas and some combination of shared or separated bath, toilet and
cooking facilities are provided for tenants in exchange for compensation. This may otherwise be commonly
referred to as a lodging house or rooming house, but does not include hotels, motels, group homes, or
short-term rentals.
Group Home, Major: means a residential dwelling in which five or more individuals, exclusive of supervisory
staff, live as a residential unit under the responsible supervision consistent with the particular requirements of
its residents. Each home must meet applicable provincial licenses and requirements.
Group Home, Minor: means a residential dwelling in which up to four individuals, exclusive of supervisory
staff, live as a residential unit under the responsible supervision consistent with the particular requirements of
its residents. Each home must meet applicable provincial approvals and requirements.
RM OF MACDONALD ZONING BY-LAW
22
Residential Care Facility: means a development, licensed under applicable provincial legislation and
regulations, that provides housing and support services for one or more residents who have a disability or
disorder prescribed in the provincial regulations or require special care for reasons related to aging. Typical
uses include nursing homes, care homes, assisted living facilities, and rehabilitation homes.
2.2.4 Residential-Related Use Class
Bed and Breakfast: means the use of a principal dwelling unit, having acquired the appropriate license(s)
in accordance with provincial regulations, to provide overnight accommodation to the traveling public
for a period of less than thirty consecutive nights, and which may or may not include the provision of
meals prepared by the owner/occupant for guests.
Home-Based Business: means an occupation, trade, profession, or craft which is operated entirely within or
from a dwelling unit by a full-time resident, being incidental and secondary to its use as a residence, and
which does not alter the exterior of the property or negatively affect neighbourhood character.
Home-Based Daycare: means the provision of childcare services within a dwelling unit by a full-time
resident, being incidental and secondary to its use as a residence, but does not include overnight
accommodations. The operation must meet all applicable provincial legislation and regulations.
Home-Based Industry: means an occupation, trade, profession, or craft which is operated entirely within or
from an accessory building to the principal dwelling by a full-time resident, being incidental and secondary to
the use of the premises as a residence, and which does not negatively affect neighbourhood character.
Mobile Home Park: means a development where mobile home dwellings are located, typically on a
permanent basis. This use may include communal facilities intended to serve all occupants but does not
include Campgrounds or RV Parks.
Secondary Suite, Detached: means a self-contained accessory dwelling unit separate from, but located on
the same site as, a single-unit dwelling building. Detached Secondary Suites must operate independent from
the principal dwelling with its own separate cooking, sleeping, and bath/toilet facilities. This use does not
include two-unit dwellings, multiple-unit dwellings, rooming houses, or group homes.
Figure 5: Detached Secondary Suite
Secondary Suite, Attached: means an accessory and subordinate dwelling unit attached to or located
within a principal single-unit dwelling, which provides basic requirements for living, sleeping, cooking and
sanitation.
detached
secondary
suite
RM OF MACDONALD ZONING BY-LAW
23
Figure 6: Attached Secondary Suite
Short-Term Rental: means the whole or part of an existing dwelling unit that is used to provide overnight
accommodation to the traveling public for a period less than thirty consecutive nights, and is the principal
residence of the owner / operator.
2.2.5 Commercial Use Class
Aircraft Landing Field: means any area of land or water that is used or intended for a use for the landing or
taking off of aircraft and any appurtenant areas which are used or intended for use for airport buildings or
other airport facilities, including taxiways, aircraft storage and hangars.
Animal Veterinary Services, Domestic: means a development that is used for the care and treatment of
animals that are common household pets, where the veterinary services primarily involve outpatient care and
medical procedures. This use includes pet clinics and veterinary offices but does not include Livestock Animal
Veterinary Services.
Animal Veterinary Services, Livestock: means a development that is used for the care and treatment
of animals that are commonly associated with Agricultural Activities and Livestock Operations, where
the veterinary services primarily involve outpatient care and medical procedures.
Auction Establishment, Indoor: means a development that is engaged in the sale of goods, equipment,
vehicles, and/or merchandise to members of the public bidding the highest offer, with such sales and
associated storage occurring within an enclosed building. This use does not include Livestock Auction
Establishments.
Auction Establishment, Outdoor: means a development that is engaged in the sale of goods, equipment,
vehicles, and/or merchandise to members of the public bidding the highest offer, with such sales and
associated storage primarily occurring outdoors. This use may include offices associated with the auction
establishment, but does not include Livestock Auction Establishments.
Autobody Services: means a development that is used for the repair, painting, and/or cosmetic alteration of
automobile and truck bodies, and shall include accessory mechanical repairs, servicing and/or materials
storage / wrecking.
Automotive Detailing Services: means a development that is used for the cleaning, detailing, and polishing
of motor vehicles. This use includes ancillary Car Wash establishments, and excludes Autobody Services,
and Automotive / Equipment Repair Services.
Automotive / Equipment Repair Services: means a development that is used for the servicing and
mechanical repair of automobiles, motorcycles, snowmobiles and similar vehicles and/or the sale,
installation and servicing of related accessories and parts. This use includes transmission shops, muffler
RM OF MACDONALD ZONING BY-LAW
24
shops, tire shops, upholstery shops, and automotive glass shops, but does not include Rapid Vehicle Service
Establishments or Autobody Repair Services.
Automotive / Recreational Vehicle Sales and Rentals: means a development that is used for the retail sale
or rental of new or used automobiles, motorcycles, snowmobiles, tent trailers, utility trailers, boats, travel
trailers or similar light recreational vehicles or crafts, together with incidental maintenance services and sale
of auto parts. This use includes automobile dealerships, car rental agencies, and motorcycle dealerships.
Business Support Services: means a development that provides support services to businesses such as
the printing, duplicating and binding of documents or the sale, rental, repair or servicing of office equipment
and furnishings, as well as maintenance, custodial, or security services for related facilities. Typical Uses
include printing establishments, janitorial firms and office equipment sales and repair establishments.
Campground: means a development that is used for the seasonal short term use of motor homes, tents,
campers and similar recreational vehicles and is not used as year round storage, or accommodation for
residential use. Typical uses include recreational vehicle parks, campsites and tenting grounds.
Cannabis Retail Store: means a development specified in a retail cannabis licence where the retail sale
of cannabis is authorized.
Car Wash: means a development that is used for the cleaning of automobiles or other motor vehicles,
whether operated by the public or by on-site employees.
Catering Service Establishment: means a development that is used for the preparation of food or
beverages on-site, strictly for the consumption of these products off-site.
Commercial Resort: means a development consisting of one or more buildings containing single or multiple
unit dwellings, recreational facilities and service facilities which are used on an intermittent and seasonal basis
by the public. Other facilities which may be part of Commercial Resorts include Campgrounds, Hotels /
Motels, Convenience Retail Stores, Eating and Drinking Establishments, Indoor / Outdoor Recreation
Facilities, and Public Parks / Playgrounds.
Drive-Through Facilities: means a development that is designed and operated to allow customers, while
on- site in their motor vehicles, to order, request, exchange, or receive goods or services.
Eating / Drinking Establishment: means a development that is used for the preparation of food or drink that
is consumed by the public, whether on-or-off-premises, including drinking establishments licensed under the
Liquor and Lotteries Act, restaurants, cafes, delicatessens, commercial catering kitchens, lunchrooms, and
bakeries, as well as ancillary patios. This use does not include Drive-Through Establishments.
Equipment Sales / Rentals, Light: means a development that is used for the sale and rental of tools,
appliances, recreation craft, office machines, furniture, light construction equipment, or similar items.
Event Facility: means a development that is available for lease for private parties or special events. An event
facility may contain indoor facilities and/or outdoor tents and patio areas, and may include the sale of
RM OF MACDONALD ZONING BY-LAW
25
alcoholic beverages as well as the preparation and sale of food to the public for consumption within the
premises.
Fuel Sales: means a development that is used for the retail sale of gasoline and other petroleum products to
the public, along with the incidental sale of motor vehicle products and/or packaged confectionary and
beverages. This use does not include card-lock fuel sales or service stations.
Greenhouse / Plant Nursery: means a development that is used for the propagation, storage, and distribution
of plants, as well as the retail sale of plants to the general public, but does not include cannabis production or
the sale of landscaping related products.
Hotel / Motel: means a development consisting of rooms or suites which are used on an intermittent basis by
the public for sleeping accommodation in exchange for a fee, and which may or may not include kitchen
facilities within the rooms or suites, and where access to the rooms or suites is provided by means of a
common interior corridor or individual exterior entrance. Hotels and Motels may include incidental or
associated Eating and Drinking Establishments, meeting rooms, and establishments offering Personal
Services.
Kennel: means a development that is used for the breeding, boarding or training of small animals normally
considered as household pets.
Market, Indoor: means a development that is used for the sale of new or used goods by multiple vendors
renting tables or space in an enclosed building. Vendors may vary from day to day, although the general
layout of space to be rented remains the same. The goods sold typically include general household items,
tools, electronic equipment, food products or concessions, plants, clothing, art pieces, and furniture.
Mixed Commercial-Residential Development: means a building containing at least one dwelling unit and
one commercial use that is allowed in the zoning district in which the site is located, and wherein the entire
ground floor is used for commercial purposes, and the residential portion of the building has an independent
entrance from the outside.
Parking, Non-Accessory: means a development that is used for motor vehicle parking that is not primarily
intended for residents, employees, or customers of an on-site development. This use includes unenclosed
surface, enclosed surface, and enclosed above and below-grade parking areas.
Pawnshop: means a development wherein money is loaned on security of personal property left in pawn and
pledged as collateral for the loan and where such property may be redeemed by the seller in a fixed period of
time or sold to the general public.
Personal Services: means a development that provides a service directly to a client, such as a hair salon, spa,
laundromat, dry-cleaner, and other establishments of this nature, and shall include the sale of goods that are
accessory and related to the establishment, but does not include Health Services.
Pet Grooming Establishment: means development that is used for the grooming of domestic animals, and
shall include the sale of goods that are accessory and related to the establishment, but does not include
Kennels.
Professional, Financial, and Office Services: means a development that provides professional,
RM OF MACDONALD ZONING BY-LAW
26
management, administrative, consulting, and financial services, but does not include Health Services,
Government Services, nor the processing, storing, or selling of goods for any associated businesses. Typical
uses include, but are not limited to: the offices of lawyers, accountants, engineers, and other professions;
banks, credit unions, and similar financial institutions; and, clerical, secretarial, or administrative services.
This use does not include payday loans services.
Rapid Vehicle Service Establishment: means a development that provides rapid cleaning, lubrication,
maintenance, or repair services to motor vehicles, where customers typically remain in their motor vehicles or
wait on-site. Typical uses include rapid lubrication shops or speciality repair establishments.
Retail Store, Convenience: means a development that is used for the retail sale of those goods required by
area residents or employees on a day-to-day basis, from business premises which are of a neighbourhood
scale. Typical uses include but are not limited to grocers, drug stores, and variety stores selling
confectionary, beverages, pharmaceutical and personal care items, as well as hardware or printed matter.
This use does not include the sale of gasoline, cannabis, or adult movies, nor does it include pawnshops or
massage parlours.
Retail Store, General: means a development that is used for the retail or consignment sale of new goods or
merchandise within an enclosed building, including groceries and beverages, household goods, furniture and
appliances, recreation equipment, hardware, printed matter, pharmaceutical and personal care items,
automotive parts and accessories, office equipment, stationary, domestic animal supplies, and similar types
of goods. Incidental uses may include the assembly or repair of products sold on-site, or minor public services
such as a post office or pharmacy. This use does not include the sale of gasoline, cannabis, heavy
agricultural or industrial equipment, or adult movies, nor does it include pawnshops or massage parlours.
Self-Storage Facility: means a development that provides storage space within an enclosed facility to
the general public on a for-hire basis. This includes storage provided in portable containers transported to a
Self- Storage Facility site. Self-Storage Facilities do not include the outdoor storage or display of materials or
allow for any other on-site business or service to operate from the storage spaces.
Service Station: means a development that provides a combination of fuel sales, vehicle repair services,
restaurants, and similar uses intended to serve the trucking industry and travelling public.
Sign, Billboard Advertising: means a sign displaying copy that directs attention to a business, activity,
product, or service that are not the principal products sold or the principal business, activity, or service that is
provided on-site. This use includes attached and free-standing sign forms.
Solar Collector, Commercial: means a solar collector development that provides electricity for commercial
sale and distribution to the electricity grid, and includes a solar farm.
Studio, Fitness / Wellness: means a development that provides exercise and/or leisure-time activities which
may be conducted independently or at the direction of an instructor within an enclosed facility. Typical uses
include gymnasiums, health clubs, yoga studios, spas, gyms for exercise, fitness, and training, and other
similar types of facilities.
Trucking Operation: means a development that is used for storing, repairing, servicing or loading trucks,
transportation trailers and/or buses. This use includes card-lock fuel sales.
RM OF MACDONALD ZONING BY-LAW
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Warehouse Sales Facility: means a development that is used for the wholesale or retail sale of a limited
range of bulky goods where the size and nature of the goods being sold typically requires large floor areas for
direct display to the purchaser, including grocery, furniture, gardening supplies, flooring, appliances,
building materials, or a combination thereof.
Wind Energy Generating System, Commercial: means a development comprised of, but not limited to,
one or more wind turbine generator towers that convert wind energy to electrical energy for commercial sale
and distribution to the electricity grid.
2.2.6 Industrial Use Class
Bulk Storage Facility: means a development involving the outdoor storage or tank storage of large
quantities of raw materials or industrial-related goods such as liquids, fuels, gases, minerals, pipes, fertilizers,
and grain.
Cannabis Processing: means the licensed manufacturing, packaging and labelling of cannabis
products destined for legal sale to consumers, and the intra-industry sale of these products to privately
authorized distributors, as well as associated activities.
Commercial Composting Facility: means a development where organic waste is collected and stored,
either in an enclosed building or outdoors, to produce compost for commercial purposes, including for sale
to farm operations, plant nurseries, or the public.
Contractor Services: means a development that provides building construction, landscaping, concrete,
electrical, excavation, heating, plumbing, paving, road construction, sewer or services of a similar nature,
including the cleaning, servicing, and repairing of household appliances and devices, and which may require
on-site storage space for materials, construction equipment, or vehicles normally associated with such
services. This use may include incidental sales, display, office, or technical support services.
Data Centre / Server Farm: means a development used to house computers, data storage systems, and
computing infrastructure. This use includes cryptocurrency mining facilities.
Equipment Sales / Rentals, Heavy: means a development involving the sale, rental, and repair of
heavy vehicles, machinery, or mechanical equipment typically used in building, roadway, manufacturing,
assembly and/or processing operations and agricultural production.
Fleet Services: means a development consisting of a fleet of vehicles used for the delivery of people, goods,
or services, as well as for the pick-up and transport of goods or equipment, where such vehicles are not
available for sale or long-term lease. Typical uses include ambulance services, taxi services, bus lines, courier
services, and towing services, in addition to ancillary storage facilities and office spaces.
Manufacturing Establishment, Heavy: means a development that is used for the assembly, storage,
fabrication, and/or processing of goods and materials that are typically of a raw or semi-finished nature, and
which may have impacts on surrounding properties due to noise, smoke, fumes, odours, or safety hazards
associated with the operations of such establishments. Typical uses include asphalt or concrete batching
plants, foundries, chemical plants, plastics manufacturers, and refineries.
Manufacturing Establishment, Light: means a development that is used for the assembly, storage,
fabrication, and/or modification of goods and materials that have typically already been treated or
RM OF MACDONALD ZONING BY-LAW
28
processed, where outdoor storage is minimal and its operations do not ordinarily create noise, smoke, fumes,
odours, or safety hazards outside of the building in which they take place. Typical uses include kitchen
cabinet shops, electronics equipment assembly, and commercial printing facilities.
Micro-Brewery / Distillery / Winery: means a development that is used for the manufacturing of beer, wine,
spirits or other alcoholic beverages. This use may include the sale of alcoholic beverages manufactured on-
site, as well as the preparation and sale of food to the public for consumption within the premises and/or on
ancillary outdoor patios; the retail sales of alcoholic beverages manufactured on-site for consumption off-site;
and the storage, packaging, bottling, canning and shipping of products manufactured within the premises.
Salvage Operation / Yard: means a development wherein two or more motor vehicles of any kind, which are
incapable of being operated due to condition or lack of license or registration, have been placed for the
purpose of obtaining parts for recycling or resale. Building materials, scrap metal, or any other kind of salvage
are also included in this definition, in addition to incidental office and warehouse uses.
Transport Terminal / Freight Yard: means a development involving the transfer, temporary storage,
and distribution of cargo where trucks and/or trains load and unload on a routine and ongoing basis. This use
also includes temporary truck and railcar storage while awaiting cargo, as well as incidental office and
warehouse uses.
Warehouse Storage Facility: means a development used for keeping or storing of products, supplies,
vehicles, or equipment entirely within an enclosed facility, to which the general public does not have access.
This use does not include Self-Storage Facilities or Agricultural Crop Protection Warehouses.
2.2.7 Cultural and Entertainment Use Class
Amusement / Entertainment Establishment, Indoor: means an enclosed facility where patrons view or
participate in performances, games, and similar forms of entertainment. Typical uses include bowling alleys,
escape rooms, pool halls, bingo halls, cinemas, theatres, concert halls, and similar facilities. This use does not
include casinos or other licensed gaming establishments.
Amusement / Entertainment Establishment, Outdoor: means an outdoor facility where patrons view
or participate in performances, games, and similar forms of entertainment Typical uses include
racetracks, paintball facilities, miniature golf courses, watercraft rentals, amusements parks, outdoor
stage venues, pavilions, amphitheatres, and similar participant activities. This use does not include standard
golf courses. .
Casino / Gaming Establishment: means a development providing facilities for patrons to participate in
gaming opportunities as the principal use. Typical uses include casinos or gaming centres and clubs
licensed under the Liquor, Gaming and Cannabis Authority of Manitoba. This use does not include
facilities used for infrequent bingo or other community gaming activities, nor establishments with
accessory video lottery terminals.
Library / Museum / Gallery: means a development involving the collection of literary, artistic, musical, or
similar reference materials in the form of books, manuscripts, recordings and films intended for public use
through various forms of media. This may also include uses involving the collection, preservation, and
exhibition of works or objects of historical, cultural, artistic, or scientific value, and uses of a similar nature.
RM OF MACDONALD ZONING BY-LAW
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Private Club: means a development that is used for meeting, social or recreational activities involving
members of a non-profit philanthropic, social service, athletic, business or fraternal organization, without on-
site residences. Private Clubs may include rooms for eating, drinking and assembly.
Studio, Media: means a development that is used for the creation, production, and/or circulation of audio or
visual materials that are broadcasted or otherwise communicated through technological means to an off-site
audience. Typical uses include internet content providers, game designers, and film or television studios.
Studio, Performing Arts: means a use intended for those engaged in the application, teaching, or
performance of fine arts such as drawing, painting, illustrating, writing, dancing or sculpting, as well as vocal,
instrumental, or electronic music, which may or may not be open to members of the public.
2.2.8 Public and Institutional Use Class
Cemetery: means a development that is used for the entombment of the deceased, and may include such
incidental uses as crematories, cinerarium, columbarium, mausoleums, and landscaping elements.
Childcare Services: means a development involving care, educational activities, and supervision of children
in the daytime and evening, licensed by the Government of Manitoba under The Community Child Care
Standards Act. Typical uses include pre-school and daycare facilities, but do not include overnight
accommodations.
Community Centre: means a development wherein the public can meet and participate in social,
educational, or recreational activities, as well as rent such facilities for special events.
Community Garden: means a development that is managed by a non-profit organization, community-based
entity, or a public entity and used by the public to grow plants for beautification, education, recreation,
community distribution or personal consumption and use.
Education Support Services: means a development involving the private instruction of one or more
students seeking educational support. Typical uses include private tutoring, language lessons, and continued
learning classes. This use does not include Primary, Secondary, or Post-Secondary Schools.
Funeral Services: means a development that is used for the preparation of the deceased for burial or
cremation, and the holding of funeral services. This use includes funeral homes and undertaking
establishments.
Health Services: means a development that provides physical and mental health services on an out-patient
basis, which may be of a diagnostic, treatment, counselling, rehabilitative, or therapeutic nature. Typical uses
include, but are not limited to dental offices, medical clinics, and counseling offices.
Private Communications Facilities: means outdoor equipment and structures required for the
purposes of transmitting or receiving television, radio, microwave, radar, laser, or similar communications
signals. These facilities may include, but are not limited to: antennae, aerials, receiving dishes, transmission
beacons, masts and towers. This use does not include commercial communications towers or facilities.
Public Parks / Playgrounds: means a development of public land specifically designed or reserved for the
general public for active or passive recreational use and includes all natural and human-made landscaping,
facilities, playing fields, buildings and other structures that are consistent with the general purposes of public
RM OF MACDONALD ZONING BY-LAW
30
parkland. Typical uses include tot lots, interpretive centres, picnic grounds, pedestrian trails and paths,
landscaped buffers, play structures, splash pads, natural reserves, and athletic playing fields.
Recreation Facility, Indoor: means a private or public facility at which athletic activities take place within an
enclosed building. Typical uses include recreation and leisure centres, arenas, curling and skating rinks,
swimming pools, climbing walls, racquet clubs, running tracks, and similar types of facilities.
Recreation Facility, Outdoor: means a private or public facility at which athletic activities take place in an
outdoor setting. Typical uses include soccer, baseball, and football playing fields, skateboard parks,
basketball and tennis courts, swimming pools, golf courses, running tracks, lawn bowling greens, and similar
types of facilities.
Religious Assembly: means a development that is used as a place of worship and related activities. Typical
uses include churches, chapels, mosques, temples, synagogues, parish halls, convents, and monasteries.
Research Institution: means a development involving scientific or academic research, product design,
development, and testing, and limited manufacturing necessary for the production of prototypes.
School, Primary / Secondary: means an accredited education facility under public, private, or religious
sponsorship providing instructional services to students from kindergarten through to grade twelve.
School, College / Trade: means an accredited education facility providing post-secondary instruction
to students enrolled in university, college, trades, and technical or vocational programs. This use
includes incidental or associated student residences, cafeterias, recreation facilities, and Research
Institutions.
Social Service Centre: means a use providing social or welfare services to those in need, for no fee or
compensation, or at a fee recognized as being significantly less than charged by for-profit organizations.
Typical uses include information and referral services, counselling, aid through the provision of food or
clothing, life skill and personal development programs, and general drop-in or activity space.
2.2.9 Basic Service and Utility Use Class
Government Services: means a development providing municipal, provincial or federal government
services directly to the public. Typical uses include government offices, taxation offices, courthouses,
correctional centres and jails, manpower and employment offices, and social service offices.
Hospital: means a development involving outpatient and inpatient medical treatment and may include
overnight stays. Treatment includes diagnostic, laboratory, surgical, counselling, and rehabilitation of patients.
Private Waste Management Facilities: means a use that involves a system, works, plant, transmission line,
and/or related facility in support of privately owned and operated sanitary landfill sites, solid waste compaction
and transfer plants, and/or sewage lagoons.
Protective / Emergency Services: means a development that is used for accommodating staff and
operational activities required for the public protection of persons and property from harm, injury, or damage,
in addition to storing incidental equipment and vehicles which are necessary for carrying out such services.
Typical uses include police stations, fire stations, ambulance services, and ancillary training facilities.
RM OF MACDONALD ZONING BY-LAW
31
Public Utility Services: means a use that involves a system, works, plant, pipeline, transmission line, and/or
related facility intended to provide, either directly or indirectly, utility services to the general public under
provincial or municipal regulation. Typical uses include sanitary landfill sites, sewage treatment plants, waste
compaction and transfer, electrical stations and substations, and water treatment plants. This use does not
include: private for-profit or commercial scale wind or solar energy generating systems; and Private Waste
Management Facilities, as defined herein.
Recycling Facility: means a development that is used for the purchasing and temporary storage of bottles,
cans, newspapers and similar household goods for reuse where all storage is contained within an enclosed
building. This use does not include Salvage Operations / Yards.
Wayside Pits and Quarries: means a temporary pit or quarry opened and used by a public road authority
solely for the purpose of a project such as a road construction contract that is not located on the road right-
of-way.
RM OF MACDONALD ZONING BY-LAW
32
PART 3 GENERAL REGULATIONS
3.1
APPLICABILITY
a) The regulations contained in this PART shall apply to the use and development of all land,
buildings, and structures in the RM of Macdonald, unless otherwise stated herein.
3.2
REGULATION OF USES
No land, building, or structure shall be used or occupied except for a use that:
a) Is listed in the Uses Table for the applicable zoning district as:
i. A permitted use; or,
ii. A conditional use, subject to approvals as such.
b) Is a temporary use, authorized for a period of time by the Designated Officer.
c) Has been granted a use variance in accordance with the requirements of The Planning Act.
3.3
MULTIPLE USES OR PROVISIONS
a) Where land, a building, or a structure is used for more than one purpose, all provisions of this
By-Law relating to each use shall be satisfied. Where there is a conflict between the provisions,
the more restrictive regulation shall apply.
3.4
NUMBER OF DWELLINGS PER PARCEL OF LAND
a) There shall be a maximum of one dwelling unit per parcel of land, except in such cases as:
i. Dwelling units which are required for employees or family members permitted by this By-Law
who, in the opinion of Council, will be actively involved in an agricultural operation;
ii. Two-unit dwellings or multiple-unit dwellings permitted by this By-Law;
iii. Secondary suites permitted by this By-Law;
iv. Mobile Home Parks or RV Parks established in campgrounds permitted by the By-law; and,
v. Temporary additional dwellings authorized by the Designated Officer.
3.5
ACCESSORY USES, BUILDINGS AND STRUCTURES
a) No accessory use shall be established, and no accessory building or structure shall be
constructed or erected prior to the establishment of the principal use of the site, building, or
structure to which it is accessory, unless authorized in writing by the Designated Officer.
b) All accessory uses, buildings, and structures shall be subject to the regulations of the applicable
zoning district, excluding On-Site Wind Energy Generating Systems and On-site Solar
Collectors, which are subject to the applicable use specific standards.
RM OF MACDONALD ZONING BY-LAW
33
c) Subject to all other applicable requirements of this Zoning By-Law, an accessory use,
building or structure is permitted when accessory to a permitted use, and conditional when
accessory to a conditional use.
d) Where an accessory building or structure is detached from the principal building or structure, it
shall be subject to, and in compliance with, all dimensional standards applicable to accessory
buildings and structures for the zoning district in which it is located.
e) Where an accessory building or structure is attached to a principal building or structure, as
determined by the Designated Officer, it shall be subject to and shall conform to, all regulations
of this By-Law applicable to the principal building or structure.
f)
In no instance shall an accessory building or structure be located within a dedicated easement
or right-of-way.
g) Detached accessory buildings or structures shall not be located closer than 3 feet (0.91 metres)
to any principal building or structure, measured from eave to eave.
h) An accessory building or structure shall not be used for human habitation, unless otherwise
provided for herein.
i)
Excluding the RR zoning district, the maximum number of detached accessory buildings
permitted per zoning site in Residential zoning districts shall be two.
j)
No land, building, or structure shall be used or occupied for any accessory use after the
principal use to which it is accessory has been discontinued.
3.6
TEMPORARY USES, BUILDINGS AND STRUCTURES
a) A Development Permit shall be required prior to the establishment of a temporary use, building,
or structure, except where otherwise specified herein, which shall be subject to such terms and
conditions deemed necessary by the Designated Officer or Council.
b) A Development Permit issued for a temporary use, building, or structure shall be valid for a
period of six months, unless otherwise specified by the Designated Officer, and may not be
renewed for more than two consecutive six month periods at the same location.
c) Temporary uses, buildings, and structures that are incidental to and required for construction
may be permitted on a site separate from the site on which construction is occurring, as
authorized by the Designated Officer.
d) Temporary buildings and structures shall not exceed 1,000 square feet (92.9 square metres) in
area and 20 feet (6.09 metres) in height, excluding those exempted from requiring a
Development Permit under section 7.3.2.
e) The temporary use, building, or structure shall not result in permanent alterations to the site.
f)
Temporary uses, buildings, and structures shall not interfere with the regular operations of any
permanent uses on the site and shall not be detrimental to public health or safety.
RM OF MACDONALD ZONING BY-LAW
34
3.7
PROHIBITED USES
3.7.1
Noxious or Offensive Uses
a)
No use shall be permitted which may be noxious or offensive due to the emission or production
of odour, dust, refuse matter, wastes, vapour, smoke, gas, vibration, noise, and/or or any other
such cause that, as determined by Council, would create a nuisance.
3.7.2
Fabric/Canvas Covered Structures
a)
Fabric/Canvas Covered Structures shall be prohibited in Settlements and Rural Centres, as
defined in the District Development Plan.
3.8
SITE AND YARD REQUIREMENTS
Unless provided for elsewhere in this By-Law, the following regulations shall apply in all zoning
districts, as to ensure the provision of adequate site and yard standards:
a)
Required yards set out in the dimensional standard tables for each zoning district shall remain
free of buildings, except for building elements permitted to project into yards, as per section 3.9.
b)
No building or structure shall be added to or reconstructed, and no site shall be reduced in area,
width, or depth if such changes will result in the violation of any provision contained herein,
unless authorized by a variance order.
c)
All yards required for any use shall be located on the same zoning site as that use.
d)
Where a site is occupied by a permitted or approved conditional use without a building or
structure, the required yards for the zoning district in which it is located shall still apply and be
maintained.
e)
In addition to the dimensional standards established for the applicable zoning district, yard
requirements for corner, flag, and through sites shall be subject to the following provisions:
i. In the case of a corner site, the front yard shall be the yard abutting the front site line.
ii. Any corner site may, at the discretion of the Designated Officer, be required to provide an
additional front yard or yards other than that required in the applicable zoning district, having
regard for the orientation, access, and yard requirements of adjacent properties.
iii. The development of new flag sites shall be prohibited unless the Designated Officer
determines there is no feasible alternative way to provide access to such lands.
iv. For any through site with a depth greater than 200 feet (60.96 metres), both site lines which
abut a public street shall be considered front site lines, and the adjacent yards shall both be
considered required front yards. Where the site depth is 200 feet (60.96 metres) or less, only
one site line shall be considered the front site line, as determined by the Designated Officer,
having regard for the orientation of adjacent sites.
RM OF MACDONALD ZONING BY-LAW
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Figure 7: Types of Sites
3.8.1
Side Yard Exceptions
a) Notwithstanding the side yard requirements of the applicable zoning district, buildings containing
multiple units with common party walls, or sharing a common party wall with a building on an
adjacent side, shall not be required to provide a side yard along party walls.
3.8.2
Retention of Site and Yard Requirements
a) It shall be the continuing obligation of the property owner to maintain the minimum site area or
yards required by this By-Law for any use as long as it remains in existence on the site, unless
the site is recognized to be legally non-conforming, or a variance order has been issued.
b) The minimum required site area and yards allocated to a use as per the requirements of this By-
Law shall not, by virtue of change of ownership or for any other reason, be used to satisfy the
minimum yard or site area requirements for any other use.
3.9
PERMITTED YARD PROJECTIONS
a) Notwithstanding the yard requirements established by this By-Law, building features and/or site
features may project into a required yard to the extent provided for in Table 3-1.
b) The Designated Officer may allow a projection not listed in Table 3-1 if it will have no greater
impact on surrounding properties than those that are permitted.
c) Notwithstanding Table 3-1, any projection which fails to comply with the Manitoba Building Code
shall not be permitted.
RM OF MACDONALD ZONING BY-LAW
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Table 3-1 - Permitted Yard Projections
Features
Projections Permitted
Front Yard
Side Yard
Rear Yard
Building Features
stairs, accessibility features, arbors, trellises
and eaves / downspouts
Permitted
Permitted
Permitted
chimneys
3 ft. (0.91 m.)
3 ft. (0.91 m.)
3 ft. (0.91 m.)
fire escapes
4 ft. (1.21 m.)
4 ft. (1.21 m.)
4 ft. (1.21 m.)
balconies
Not Permitted
4 ft. (1.21 m.)
4 ft. (1.21 m.)
porches, patios, verandas, raised decks,
and similar building features as determined
by the Designated OfficerA
Not Permitted
Not Permitted
6 ft. (1.82 m.)
bay, oriel, or similar style windows and first-
storey alcoves / cantileversB
2 ft. (0.61 m.)
2 ft. (0.61 m.)
2 ft. (0.61 m.)
Site Features
pathways / sidewalks, garden / planting
beds, fences, hedges, masonry walls, or
decorative privacy screening features
Permitted
Permitted
Permitted
portable buildingsC
Not Permitted
Permitted (no closer than
2 ft. / 0.6 m. to site line)
Permitted (no closer than
2 ft. / 0.6 m. to site line)
bicycle racks, recreational equipment,
public monuments and art pieces
Permitted
Permitted
Permitted
parking areas (required by this By-Law):
Residential Use Class
Other Use Classes
Not Permitted
Permitted
Permitted
Permitted
Permitted
Permitted
loading areas and queuing spaces (required
by this By-Law):
Institutional Use Class
Other Use Classes
Permitted
Not Permitted
Permitted
Permitted
Permitted
Permitted
swimming pools, hot tubs, and associated
mechanical equipment
Not Permitted
Not Permitted
Permitted (no closer than
5 ft. / 1.52 m. to site line)
air conditioning units and satellite dishes
Not Permitted
Permitted
Permitted
individual sewage disposal systems
Permitted
Permitted
Permitted
fuel pumping stations
Permitted (no closer than
20 ft. / 6.09 m. to site line)
Permitted (no closer than
20 ft. / 6.09 m. to site line)
Permitted (no closer than
20 ft. / 6.09 m. to site line)
garbage and recycling enclosures:
Residential Use Class
Other Use Classes
Not Permitted
Not Permitted
2 ft. (0.61 m.)
5 ft. (1.52 m.)
Permitted
Permitted
accessory signs
Commercial / Industrial Use Classes
Other Use Classes
Permitted
Permitted
Permitted (no closer than
2 ft. / 0.6 m. to site line)
Permitted (no closer than
5 ft. / 1.52 m. to site line)
Permitted (no closer than
2 ft. / 0.6 m. to site line)
Permitted (no closer than
5 ft. / 1.52 m. to site line)
Notes
A For Eating / Drinking Establishments not adjacent to a Residential Use Class development, patios and raised decks shall be
permitted to project up to 5 feet / 1.52 metres of a site line.
B First-storey alcove and cantilever projections into a required yard shall not be permitted for floor areas greater than 20 square feet
/ 1.85 square metres.
C Required yards shall be measured from the wall face of the building. Portable garages larger than 108 square feet (10 square
metres) shall be subject to the yard requirements for accessory buildings and structures in the applicable zoning district.
D This provision shall not prohibit driveways and aisles from being located within a required front yard of a Residential Use Class
development.
RM OF MACDONALD ZONING BY-LAW
37
3.10
BUILDING AND STRUCTURE HEIGHTS
a) The height of freestanding private communication facilities shall not exceed 35 feet (10.66
metres) measured from the average grade to the highest point of the structure.
b) The height of any principal building, unless otherwise specified in this By-Law, shall not exceed
45 feet (13.72 metres).
c) Exclusive of any features attached or affixed to a principal structure discussed below in section
3.11, building height shall be measured from the average grade level to:
i. The highest point of a flat roof or shed roof;
ii. The mean level between the top of the highest exterior wall plate and the peak of a pitched
roof; or,
iii. The deck line of a mansard roof.
Figure 8: Roof Heights
3.11
VERTICAL PROJECTIONS
a) In determining whether a development conforms to the maximum height permissible in any
zoning district, the following features, when attached or affixed to the principal structure, shall
not be considered for the purpose of height determination:
i. Architectural features such as steeples, belfries, domes or spires, skylights, fire walls;
ii. Mechanical features such as chimney stacks, elevator housings, roof stairway entrances,
water or other tanks, ventilating equipment;
iii. Private accessory communication facilities such as satellite dishes, antennas, and similar
receiving and transmitting structures and masts;
iv. Site features such as solar collectors, flag poles, clearance markers; and,
v. Similar features, as determined by the Designated Officer.
3.12
SERVICE CONNECTIONS
a) Where a site is served by Municipal piped sewer or water, all new principal buildings constructed
or placed on that site shall be connected to such services.
RM OF MACDONALD ZONING BY-LAW
38
3.13
SITE ACCESS
a) No permanent building shall be constructed or placed on a site that does not have legal access
to an improved, all weather public road, in accordance with clause (b) below.
b) As a condition of approval, a proposed development shall be required to include a driveway,
approach, service road and/or internal subdivision road to provide site access, which includes a
road defined as a common element in The Condominium Act.
c) All access locations and curb crossings shall require the approval of the Designated Officer and
shall be designed and constructed in accordance with Municipal standards.
d) Access and egress to sites shall not be developed in a continuous fashion along a street edge,
but rather, shall be provided by a driveway in accordance with section 3.28.
e) Adjacent sites outside a Rural Centre or Settlement, as designated in the District Development
Plan, may, at the discretion of the Designated Officer, be required to share approaches to public
roads where possible.
f)
Prior to issuing a Development Permit, the Designated Officer shall consider the physical
capability and safety of the roads that are proposed to serve the development.
g) Permits to establish a new access or modify or intensify the use of an existing access to a
declared provincial highway shall be required from the applicable provincial authority, as per
section 6.2.
3.14
SITE EXCAVATION, STRIPPING AND GRADING
a) No building or structure shall be erected without first obtaining from the Designated Officer
written instructions as to the grade for the building or structures to be erected, which shall be in
accordance with Municipal standards. It shall be the continuing obligation of the property owner
to maintain lot grades for adequate site drainage and to ensure that the level of the surrounding
fill at the building line is not less than any flood protection levels.
b) Any person wishing to excavate, strip, or grade land shall provide the following details in the
Development Permit application:
i. The location and area of the site on which excavation, stripping, or grading will occur;
ii. The existing land use and vegetation;
iii. The type and dimensions of the excavation to take place and the anticipated effect it will
have on existing drainage patterns, riparian areas, waterbodies (including drains), existing
wells and natural vegetation;
iv. The condition in which the excavation is to be left when the operation is complete, or the final
disposition to be made of the area from which the topsoil is to be removed, including the
action which is to be taken for restoring the condition of the surface of the land to be affected
in order to prevent, control, or lessen the creation of erosion, dust from the land, excessive
nutrient and sediment loss to waterbodies; and,
RM OF MACDONALD ZONING BY-LAW
39
v. Setback distances to be maintained from riparian areas, waterbodies and wells (where
applicable), or mitigation measures to be used where setbacks are less than 164 feet (50
metres).
c) The Designated Officer shall consider every application for a permit to excavate, strip, or grade
land and shall not issue a Development Permit unless they are satisfied that:
i. The proposed operation complies with all Municipal By-Laws regulating the excavation,
stripping, and grading of land;
ii. The operation will be carried out so as to create minimum environmental disturbance which
may, at the discretion of the Designated Officer, require the applicant to provide an
environmental disturbance mitigation plan and/or a geotechnical report at their own expense
prepared by a certified professional engineer; and,
iii. The operation is one which, in the opinion of the Designated Officer, is necessary for the use
and development of the land in question.
d) The Designated Officer may require, as a condition of issuing a Development Permit to
excavate, strip, or grade land, that the applicant take precautions and follow methods as
prescribed by the Designated Officer for the prevention or control of dust, sediment and nutrient
loss, erosion, material and liquid storage, and any other nuisance caused by the proposed
operation, or for the reclamation of the land if required.
3.15
LAND DRAINAGE
a) A Development Permit shall be required to include any drainage works proposing to alter or
divert the natural course of a watercourse.
b) Any development proposing drainage into the provincial highway drainage system, or a
designated provincial waterway shall require permission and licensing from the applicable
provincial authority, and any costs associated with upgrading the drainage system in direct
relation to the development shall be the sole responsibility of the developer.
c) The landowner shall establish and maintain lot grading for adequate drainage so that there will
be no free flow of water onto public sidewalks or adjacent properties, other than by means of a
ditch, drain, and/or swale, in accordance with Municipal lot grading standards.
d) Notwithstanding any other regulation of this By-Law, the Designated Officer may refuse a
Development Permit for, or prohibit, any drainage works to be undertaken on lands where it has
been determined that such works would create an adverse effect on adjacent public or private
lands or where adjacent drains are insufficient to accommodate the added runoff.
3.16
LANDSCAPING
a) The landscaping requirements of this section shall apply to all development types, excluding
single-unit and two-unit dwellings and town houses, for Industrial, Commercial, Cultural and
Entertainment, Residential, Public and Institutional, and Basic Service and Utility Use Classes.
RM OF MACDONALD ZONING BY-LAW
40
3.16.1 Landscape Plans
a) In accordance with section 7.3, a landscape plan shall be submitted as a component of a
Development Permit application for all developments, unless specifically exempted herein.
b) No landscaping work shall commence until such time as the landscape plan has been approved
by the Designated Officer.
c) The landscape plan shall contain the following information for the development site and adjacent
boulevards:
i. All physical features, existing and proposed, including vegetation, water elements, berm
contours, walls, fences, outdoor furniture and fixtures, surface utilities, and paving; and,
ii. All shrubs and trees, whether existing or proposed, labelled by their common name,
botanical name, and size.
d) Applications without a landscape plan may be considered if, at the Designated Officer's
discretion, the proposed development is of such a nature that the required information outlined
above can be clearly demonstrated and combined with other application materials.
3.16.2 Landscaping Requirements
a) All yards shall contain a minimum of one deciduous or coniferous tree for each 30 feet (9.14
metres) of linear street frontage or fraction thereof, which may be clustered for visual interest. If
the site conditions are not conducive to supporting trees, each required tree may be substituted
for a minimum of three shrubs, or landscaping elements that improve the appearance of the site
along the public right-of-way to the satisfaction of Council.
b) Where an outdoor parking facility is provided for thirty or more vehicles, which is at grade and
visible from an abutting site in a Residential zoning district or from a public roadway other than a
lane, there shall be landscaped space in the parking area as follows:
i. A minimum of five percent of the gross parking lot area, including aisles, driveways, and
parking stalls, shall be landscaped with permeable materials.
ii. In addition to the planting requirements established in clause (a) of this subsection, one tree
shall be provided for every 300 square feet (27.87 square metres) of interior landscaped
area.
iii. Where landscaping is required within parking islands, those parking islands shall be a
minimum of 5 feet (1.52 metres) wide.
iv. Required landscaped space shall be distributed so as to break up large, continuous
expanses of parking and provide visual relief and greater pedestrian comfort.
3.16.3 Installation and Maintenance
a) The applicant shall be responsible for landscape installation and maintenance. The Designated
Officer may require, as a condition of approval or as established in a Development Agreement,
that the applicant provide an irrevocable letter of credit for the full amount of the estimated
RM OF MACDONALD ZONING BY-LAW
41
landscaping cost. The letter of credit may be redeemed by the RM of Macdonald if the
landscaping is not completed - in accordance with this By-Law and the approved landscaping
plan - within one growing season following the completion of the development project.
3.17
FENCES AND SCREENING
3.17.1 General Fence Requirements
a) The maximum height of fences and screens in the RM of Macdonald, including hedges, masonry
walls, and similar types of features, shall be in accordance with the provisions of Table 3-2.
Table 3-2 - Maximum Fence Height Provisions
Zoning District
Front Yard
Side Yard
Rear Yard
RS, RG, RG-1, RG-2, RM,
RR, RMH, CMU, CN, GD
4 ft. (1.21 m.)
6.5 ft. (1.98 m.)
6.5 ft. (1.98 m.)
CH, MG, MB, I, PR
4 ft. (1.21 m.)
10 ft. (3.05 m.)
10 ft. (3.05 m.)
AG, AL, AR
NA
NA
NA
b) Notwithstanding the provisions of Table 3-2, the maximum height of a fence for a school use,
utility service use, or public park use shall be 10 feet (3.05 metres), notwithstanding chain link
fences, for which there shall be no height limitation for such uses.
c) Any fence height may be increased or decreased at the discretion of the Designated Officer to
reflect the grade of surrounding sites.
d) Electrically charged fences may only be permitted in Agricultural zoning districts but shall not be
electrically charged barbed wire fences.
e) Barbed wire fences shall not be permitted, except in the Commercial Highway zoning district
and Industrial zoning districts where the top 2 feet (0.6 metres) of the fence may be barbed, and
in Agricultural zoning districts where the entire fence may be barbed to grade.
f)
Notwithstanding clauses (d) and (e) above, electrically charged fences and barbed wire fences
shall not be allowed along a yard that abuts a Residential zoning district.
g) Fences in all zoning districts shall be constructed of a material that is of a quality equal to or
greater than that of surrounding developments, as determined by the Designated Officer.
h) Fences shall not be designed or constructed in such a manner as to create a nuisance for
surrounding properties or the general public.
i)
Notwithstanding clause (g) above, temporary fences, such as snow fences or construction
fences, may be permitted at the discretion of the Designated Officer.
3.17.2 General Screening Requirements
For all proposed developments featuring outdoor public parking and/or outdoor storage facilities,
screening from a surrounding use or public right-of-way shall be provided in accordance with the
following regulations:
RM OF MACDONALD ZONING BY-LAW
42
a) Any garbage collection area, open storage area, or outdoor service area that is visible from an
abutting or adjacent site in a Residential zoning district, or from a public roadway other than a
lane, shall provide an opaque fence, planting screen, earthen berm, or combination thereof to
provide visual relief. The fence or planting screen shall be of a sufficient height to substantially
block the view of the area from the surrounding roadway or use, but shall not exceed the
maximum fence height permitted in the applicable zoning district.
b) Where an off-street outdoor public parking facility is provided for ten or more vehicles, which is
at-grade and visible from an abutting or adjacent site in a Residential zoning district, or from a
public roadway other than a lane, the parking area shall include a fence, planting screen,
masonry wall, or a combination thereof. The height of the fence, planting screen, masonry wall,
or combination thereof shall be at least 4 feet (1.22 metres), unless otherwise authorized by the
Designated Officer.
c) The location, length, and width of any screening requirement shall be to the satisfaction of the
Designated Officer, having regard for the surrounding context and area being screened.
d) Screening installations shall be outlined on landscape plans as per subsection 3.16.1.
3.17.3 Residential Zoning Districts and Residential Use Class Developments
a) Privacy screening, excluding vegetative screening, constructed at ground level shall:
i. Not exceed 8 feet (2.43 metres) in height when located in a side or rear yard and be setback
a minimum distance of 2 feet (0.6 metres) from the side or rear yard site line.
ii. Not exceed 6 feet (1.83 metres) in height when located in a front yard or corner side yard
and be setback a minimum distance of 15 feet (4.57 metres) from the front yard site line and
2 feet (0.6 metres) from the corner side yard site line.
iii. Not exceed 12 feet (3.65 metres) in total cumulative length when providing screening along
a side yard site line.
b) Privacy screening, excluding vegetative screening, constructed on an unenclosed platform
structure, such as a raised deck or porch, shall:
i. Not exceed 8 feet (2.43 metres) in height when located in a required side yard or rear yard,
measured from the surface of the platform structure.
ii. Not exceed 4 feet (1.22 metres) in height when located in a required front yard or corner
side yard, measured from the surface of the platform structure.
3.18
PRIVATE HOT TUBS AND/OR PRIVATE SWIMMING POOLS
Private hot tubs and/or private swimming pools shall be subject to the following regulations:
a) Private hot tubs and /or swimming pools shall meet the setback requirements established for the
applicable zoning district, with consideration for the permitted projections outlined in section 3.9.
b) No private hot tub and/or swimming pool shall be located closer than 5 feet (1.52 metres) to any
rear site line or side yard site line, measured from the apron.
RM OF MACDONALD ZONING BY-LAW
43
c) They shall comply with all applicable regulations and requirements of the Public Health Act and
the Manitoba Building Code, including any amendments thereto.
d) Outdoor private hot tubs and/or private swimming pools shall be protected by a fence that is 6
feet (1.83 metres) in height, lockable to prevent unauthorized entry, and constructed in a
manner that prevents entry from underneath or climbing over the top, as determined by the
Designated Officer.
e) Notwithstanding clause (d) above, a fence shall not be required for an outdoor private hot tub,
not exceeding 2.4 metres in diameter or 4.65 m2 in total surface area, equipped with a lockable
cover capable of preventing access to the water by unauthorized persons. The cover must be of
appropriate structural strength, to the satisfaction of the Designated Officer.
3.19
OUTDOOR LIGHTING
Outdoor lighting shall be provided in accordance with the following standards:
a) Lighting shall be low glare in nature and located, oriented, and shielded so as to not direct light
at any adjoining properties or public streets or interfere with any traffic control devices.
b) If ground mounted, outdoor lighting shall not exceed a maximum height of 6 feet (1.83 metres)
for single-unit and two-unit dwellings; 20 feet (6.09 metres) for multiple-unit dwellings; and 30
feet (9.14 metres) for non-Residential Use Class developments.
c) If wall mounted, lighting shall have fully shielded luminaries to direct all light downward.
d) Architectural, landscape, and decorative lighting may be directed upward to illuminate flags,
building facades, landscape features, or other similar types of objects, but shall not be directed
at any adjoining properties or public streets or interfere with any traffic control devices.
e) Outdoor lighting installations that project over a public pedestrian right-of-way, including a
sidewalk or separated pathway, shall maintain a minimum distance of 7 feet (2.13 metres)
between grade and the lowest point of the installation, as to not create a pedestrian hazard.
3.20
OUTDOOR STORAGE
Outdoor storage shall be subject to the following regulations:
a) No yard, required or otherwise, shall be used for the storage or collection of hazardous
materials.
b) No outdoor storage shall be located within a front yard or a corner side yard.
c) Notwithstanding clause (b) above, in non-Residential zoning districts, outdoor storage may be
permitted in a front yard in the following situations:
i. Goods associated with the principal use are arranged in an organized fashion, to the
satisfaction of the Designated Officer, for sale or rental.
ii. Machinery and equipment associated with the principal use are stored in an orderly manner
in a designated parking area, provided in accordance with section 3.28.
RM OF MACDONALD ZONING BY-LAW
44
iii. Goods and storage areas associated with the principal use are screened in accordance with
subsection 3.17.2, as well as any other associated conditions imposed by Council.
d) No outdoor storage shall project above a fence or required screening installation.
3.21
SHIPPING CONTAINERS
3.21.1 Residential Zoning Districts and Residential Use Class Developments
Shipping Containers shall be permitted in Residential zoning districts and Residential Use Class
developments in accordance with the following regulations:
a) A maximum of one Shipping Container shall be allowed per zoning site.
b) Shipping Containers shall only be used for:
i. the purpose of temporary loading or unloading of household items during the process of
moving and for a period not exceeding fourteen days; and / or,
ii. the storage of materials during construction of the on-site dwelling unit, in accordance with
section 3.6 of this By-Law.
c) Shipping Containers located on a site for longer than fourteen days shall be kept in good repair
to the satisfaction of the Designated Officer. The Designated Officer may require the exterior
finish of the shipping container to be improved if, in their opinion, it is having an adverse effect
on the character of the surrounding neighbourhood.
d) Shipping Containers shall not be used for human habitation.
e) Shipping Containers shall not be permitted as an accessory structure.
f)
Shipping Containers shall not exceed a maximum height of 10 feet (3.05 metres) and a
maximum length of 20 feet (6.09 metres).
g) Shipping Containers shall not encroach onto a public sidewalk or locate closer than 2 feet (0.60
metres) from the curb or shoulder of a public street where no sidewalk exist.
h) Shipping Containers shall not obstruct sightlines for vehicular or pedestrian traffic.
i)
Shipping Containers shall require a Development Permit in accordance with section 7.3.
3.21.2 Agricultural, Industrial, and Commercial Highway Zoning Districts
Shipping Containers shall be permitted in all Agricultural and Industrial Zoning Districts and the
Commercial Highway (CH) zoning district in accordance with the following regulations:
a) Shipping Containers shall be not used for human habitation.
b) Shipping Containers shall only be located in the rear yard and shall be located a minimum
distance of 100 feet (30.48 metres) from any street line.
c) Shipping Containers shall be screened from view from the street and abutting properties,
excluding the Agriculture General (AG) zoning district.
RM OF MACDONALD ZONING BY-LAW
45
d) Shipping Containers shall not be located in a required parking area.
e) Shipping Containers shall not be used to advertise off-site goods and/or services.
f)
Shipping Containers shall not be used for the purpose of a Self-Storage Facility.
g) Shipping Containers shall require a Development Permit in accordance with section 7.3.
3.22
CORNER VISION TRIANGLE
a) No building, structure, landscaping feature, vehicular parking space, sign, or stockpiling of
materials, with the exception of seasonal snow storage, exceeding a height of 3 feet (0.91
metres) above grade shall be located within a triangular area of any site adjacent to an
intersection of two public streets, with the sides of the triangular area measuring a distance of
10 feet (3.05 metres) along each site line from the meeting point of the intersection.
Figure 9: Corner Vision Triangle
3.23
SUBDIVISION OF ATTACHED DWELLINGS OR UNITS
A site featuring multiple attached dwellings or commercial units may be subdivided to provide
individual sites to one or more of the attached dwellings or units, subject to the following:
a) Any new lot line shall, where possible, be a straight line between front and rear lot lines, located
in such a manner that the party wall of two adjacent units shall form part of the new lot line. In
cases where it is not possible to form a new lot line that is straight, the location of the new lot line
shall be verified by a Manitoba Land Surveyor as part of the subdivision approval process.
b) Each lot created shall have frontage on a public road, except in the case of a bare land
condominium development, where roads defined as common elements in The Condominium Act
shall be considered a public road for the purpose of this section.
c) Each site created shall adhere to the applicable on-site parking requirements for the principal
use.
RM OF MACDONALD ZONING BY-LAW
46
d) When an attached dwelling unit is subdivided to create a new site, that site shall be limited to
one dwelling unit.
e) No side yard shall be required along the party wall of the attached dwelling or unit.
f)
Each site shall be subject to the dimensional standards of the zoning district in which it is
located, notwithstanding site area and side width requirements, which shall not apply.
3.24
MOVING OF STRUCTURES
a) No building, structure, or part thereof shall be moved to any location within the RM of
Macdonald unless that building, structure, or part thereof has been made to conform to the
regulations of this By-Law applicable to the zoning district to which it is to be moved.
b) Prior to moving a building, structure, or part thereof to a new location, the property owner shall
apply for a Building Permit and, as a condition of the permit, enter into an agreement with the
RM of Macdonald containing a deposit and an undertaking of the owner to pay all damages
arising from the move, in addition to such other terms and conditions set out by the Designated
Officer.
c) Following the removal of a structure from a site, any excavated area shall be completely
enclosed by a fence that is 6 feet (1.83 metres) in height until such excavated area is filled,
leveled, and put in a safe condition, to the satisfaction of the Designated Officer.
d) In the event a new building or structure is not established within one year following the complete
removal of a building from a site, the old foundation shall be removed, any excavated areas shall
be filled, the lot shall be leveled, and the site shall be put in safe condition to the satisfaction of
the Designated Officer at the property owner's expense.
3.25
PUBLIC UTILITIES AND COMMERCIAL COMMUNICATIONS TOWERS
a) Nothing in this By-Law, including the bulk standards of the applicable zoning district, shall be
interpreted so as to interfere with the construction, maintenance, and/or operation of any
distribution facilities associated with a public utility. All sites may be required to provide an
easement(s) to accommodate ongoing access to these facilities.
b) Oil and gas pipelines, electric transmission lines and structures are deemed to be in compliance
with this By-law if they are carried out, constructed and operated in accordance with federal and
provincial law.
c) All commercial communications towers are federally regulated and are under the jurisdiction of
Innovation, Science and Economic Development Canada.
3.26
FUTURE ROAD ALLOWANCES
a) No building or structure shall be constructed or erected upon land designated for a future road
allowance by the RM of Macdonald. Any development adjacent to said future road allowance
RM OF MACDONALD ZONING BY-LAW
47
shall comply with the requirements of this By-Law as though said future road allowance is
already in existence.
3.27
SIGNS
3.27.1 General Accessory Sign Regulations
The following regulations, unless otherwise stated herein, shall apply to all zoning districts:
a) Signs and sign structures shall be allowed when accessory to an established use in accordance
with all requirements of this section and applicable yard requirements.
b) No person shall erect a sign without first obtaining a Development Permit from the Designated
Officer, except for those exempted by this By-Law in subsection 3.27.7.
c) No sign or sign structure shall be erected, operated, used, or maintained which:
i. May interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal
or device, including rotating beams, beacons, or flashing illumination.
ii. Displays flashing lights of any kind, particularly resembling those used by police, fire,
ambulance, or other emergency vehicles.
iii. Features a rotating beam or a moving component in association with the sign display.
iv. May be located or operated in such a manner to materially impede the view of any street or
highway intersection, or in such a manner as to materially impede the view of any street or
highway intersection with a railroad crossing at grade.
v. Is located on, over, or above any land or right-of-way belonging to the RM of Macdonald
unless such right is established by agreement with the RM of Macdonald, provided that all
signs adhere to Table 3-1 and the setback requirements of the zoning district in which they
are located.
d) The placing of advertising or building identification signs within the controlled area of a provincial
road or highway shall require a permit from the appropriate provincial authority.
e) Any signs projecting light of any kind shall be reviewed for compatibility with surrounding uses,
with no such signs permitted within 100 feet (30.48 metres) of a Residential Use Class
development.
f)
In cases where a proposed sign is not specified in this By-Law, the sign may, as determined by
the Designated Officer, be permitted and regulated in accordance with the sign type included
herein that most closely reflects the characteristics of the unspecified sign.
3.27.2 Accessory Sign Standards for Zoning Districts
a) In addition to the other requirements of this section, and any applicable yard requirements
contained herein, all accessory signs shall comply with the standards set out in Table 3-3.
RM OF MACDONALD ZONING BY-LAW
48
Table 3-3 - Accessory Sign Standards for Zoning Districts
Zoning District
Sign Type
Sign Form
Maximum Standards
Additional Standards
Surface Area
Height
(Above Grade)
a) RS, RG, RG-
1, RG-2, RMH
Identification
(Use and Building)
Freestanding
12 sq. ft.
(1.11 sq. m.)
4 ft.
(1.22 m.)
- Maximum 1 freestanding
sign per zoning site and
only when associated with
a Home-Based Business,
Home-Based Industry,
Bed and Breakfast, or
non-Residential Use Class.
- Illuminated signs are not
permitted.
- Sign standards for multi-
unit dwellings shall be
subject to those in row (c)
of Table 3-3.
Attached
4 sq. ft.
(0.37 sq. m.)
wall height
b) RR
Identification
(Use and Building)
Freestanding
32 sq. ft.
(2.97 sq. m.)
8 ft.
(2.44 m.)
Attached
4 sq. ft.
(0.37 sq. m.)
wall height
c) GD, RM, CN
Identification
(Use and Building)
Attached or
Freestanding
50 sq. ft.
(4.64 sq. m.)
24 ft.
(7.31 m.)
- Sign standards for single-
unit and two-unit dwellings
shall be subject to those in
row (a) of Table 3-3.
- Maximum 1 freestanding
sign per principal building.
- Maximum standards for
freestanding signs shall be
reduced by 50% if
adjacent to a Residential
Use Class development.
- Maximum 1 directional
sign per entry or exit, or 2
signs per combined entry /
exit.
- Illuminated signs are
permitted but shall be
restricted to business
hours if adjacent to a
Residential Use Class
development.
Directional
Attached or
Freestanding
12 sq. ft.
(1.11 sq. m.)
12 ft.
(3.66 m.)
d) CMU
Identification
(Use and Building)
Freestanding
60 sq. ft.
(5.57 sq. m.) for single occupancy
and 100 sq. ft. (9.29 sq. m.) for
multiple occupancy
24 ft.
(7.31 m.)
Attached
20% of building wall to a maximum of
60 sq. ft. (5.57 sq. m.) per occupant,
not exceeding a total maximum of
180 sq. ft. (16.72 sq. m.)
wall height
Directional
Attached or
Freestanding
12 sq. ft.
(1.11 sq. m.)
12 ft.
(3.66 m.)
e) I, PR
Identification
(Use and Building)
Freestanding
80 sq. ft.
(7.43 sq. m.)
24 ft.
(7.31 m.)
Attached
10% of building wall to a maximum of
80 sq. ft. (7.43 sq. m.)
wall height
Directional
Attached or
Freestanding
12 sq. ft.
(1.11 sq. m.)
12 ft. (3.66 m.)
f) CH, MG, MB
Identification
(Use and Building)
Freestanding
200 sq. ft.
(18.58 sq. m.) for single occupancy
and 350 sq. ft. (32.51 sq. m.) for
multiple occupancy
24 ft.
(7.31 m.)
- Maximum 1 freestanding
sign per principal building.
- Illuminated signs are
permitted but are limited
to 100 sq. ft. (9.29 sq. m.)
for a freestanding sign and
32 sq. ft. (2.97 sq. m.) for
an attached sign per
building occupant.
- Maximum 1 directional
sign per entry or exit, or 2
signs per combined entry /
exit.
Attached
25% of building wall to a maximum of
200 sq. ft. (18.58 sq. m.) per
occupant, not exceeding a total
maximum of 600 sq. ft. (55.74 sq.
m.)
wall height
Directional
Attached or
Freestanding
12 sq. ft.
(1.11 sq. m.)
12 ft. (3.66 m.)
g) AG, AL, AR
(Agri-
Commercial-
Industrial Use
Classes only)
Identification
(Use and Building)
Freestanding
200 sq. ft.
(18.58 sq. m.)
24 ft.
(7.31 m.)
Attached
25% of building wall to a maximum of
200 sq. ft. (18.58 sq. m.)
wall height
Directional
Attached or
Freestanding
12 sq. ft.
(1.11 sq. m.)
12 ft. (3.66 m.)
h) AG, AL, AR
(Non-Agri-
Commercial-
Industrial Use
Classes)
Identification
(Use and Building)
Attached or
Freestanding
32 sq. ft.
(2.97 sq. m.)
24 ft.
(7.31 m.)
- Maximum 1 freestanding
sign per dwelling unit.
- Illuminated signs are not
permitted.
RM OF MACDONALD ZONING BY-LAW
49
3.27.3 Portable Signs
All portable signs are subject to the following provisions:
a) Portable signs shall not be permitted in conjunction with any Residential use, aside from those
associated with the sale/rental of a dwelling.
b) Portable signs shall not be located, erected, placed, or displayed on any site until a
Development Permit is issued by the Designated Officer.
c) Portable signs shall only be established on a temporary basis up to a maximum of ninety
consecutive calendar days per year, after which the sign shall be removed from the site.
Subsequent permit renewals shall be at the discretion of the Designated Officer.
d) The maximum sign surface for a portable sign shall be 40 square feet (3.71 square metres) and
the maximum height shall be 10 feet (3.05 metres).
e) Portable signs shall comply with the yard requirements of the zoning district in which it is
located, subject to Table 3-1.
f)
A flashing or scintillating portable sign shall not be located within 200 feet (60.96 metres) of any
Residential zoning district.
g) There shall be no more than one portable sign located on a zoning site, unless the site features
multiple occupants, in which case there shall be a maximum of two portable signs located on the
site. When there is more than one portable sign on a site, a mutual separation distance of 65
feet (19.81 metres) shall be maintained between the signs.
h) Portable signs shall not be located within 100 feet (30.48 metres) of any driveway providing
access or egress to a site, as measured along the applicable site line.
i)
No portable sign shall be erected, operated, used or maintained which is not related to a
business or facility situated upon the site where the sign is located.
3.27.4 Roof Signs
All roof signs are subject to the following provisions:
a) Roof signs shall not be permitted in any Residential zoning district.
b) Roof signs shall only be permitted on mansard style roofs, attached to the sloping portions of the
roof, but not extending beyond the parapet height or onto the horizontal portion of the roof.
c) Freestanding signs on flat style roofs shall not be permitted.
d) Roof signs shall not be permitted in addition to fascia signs, but rather, as an alternative thereto.
3.27.5 Digital Signs
All digital signs are subject to the following provisions:
a) Digital signs shall not be permitted in any Residential zoning district.
RM OF MACDONALD ZONING BY-LAW
50
b) Prior to issuing a Development Permit for a digital sign, the Designated Officer may issue terms
and conditions regarding the size, orientation, brightness, and copy design, having regard for
the site context and surrounding uses.
c) No owner or person responsible for a digital sign may operate it on a zoning site adjacent to a
Residential Use Class development, or on a wall that projects light onto a Residential Use Class
development.
3.27.6 Abandoned and Unlawful Signs
a) All signs and sign structures shall be maintained in a state of good repair, as determined by the
Designated Officer. Signs that have become obsolete because of a business or activity being
discontinued, and which have not been removed or relocated within thirty days following such
condition, may be designated as abandoned and removed by the RM of Macdonald at the
expense of the owner.
b) In cases where a sign contravenes the regulations established in this By-Law, the Designated
Officer may, by notice in writing, order the owner or person responsible for the contravening
sign to take such measures as specified in the notice to alter the sign so that it conforms to this
By-Law, or to remove the sign from the subject site.
3.27.7 Sign Exceptions
The following signs are not subject to the provisions of this By-Law and, as such, do not require the
issuance of a Development Permit. Notwithstanding this exception, this does not relieve the owner or
person in control of such signs of the responsibility to construct and maintain them in a safe manner
and state of good repair, as determined by the Designated Officer:
a) Signs posed by duly constituted public authorities in the performance of their public duties, such
as official public notices.
b) Memorial signs or tablets and flags or emblems of a political, civic, educational, or religious
organization.
c) Temporary signs, as defined herein, not exceeding 10 square feet (0.93 square metres) in sign
surface area and not posted for a period longer than two months. Larger temporary signs may
be authorized at the discretion of the Designated Officer, subject to their review of supporting
materials.
d) "No Trespassing", "Private Property", or signs of a similar nature not exceeding 4 square feet
(0.37 square metres) in surface area.
e) Construction signs not exceeding 32 square feet (2.97 square metres) in sign surface area
when placed on construction sites or attached to a site fence on a temporary basis.
f)
Signs required for direction and convenience of the public not exceeding 6 square feet (0.55
square metres) in sign surface area, including signs identifying restrooms or building entrances /
exits.
g) Awning signs with signage originally incorporated in the design or awning material.
RM OF MACDONALD ZONING BY-LAW
51
h) Window signs, except where the sign occupies more than twenty-five percent of the total
window surface area, in which case it will be regulated as a fascia sign.
i)
Real estate signs not exceeding 6 square feet (0.55 square metres) in Residential zoning
districts, and 16 square feet (1.48 square metres) in all other zoning districts, which advertise
the sale, rental, or lease of the premises on which they are located.
j)
On-site identification signage indicating the civic address or name of occupant not exceeding 4
square feet (0.37 square metres) in sign surface area.
3.27.8 Determining Sign Surface Area
a) If attached, sign surface area includes the entire area of the smallest rectangle(s) enclosing the
extreme limits of any writing, representation or emblem forming part of the display copy,
together with any material or colour forming an integral part of the display background that is
used to differentiate the sign from the wall or surface to which it is affixed.
b) If freestanding, sign surface area includes the entire area of the smallest rectangle(s) enclosing
the extreme limits of any writing, representation or emblem forming part of the display copy,
together with its ornamental shell or frame and supporting structure or base. The supporting
structure or base may be excluded from the sign surface area calculation if:
i. It is 2 feet (0.6 metres) or less in height; and/or,
ii. It is 1.5 feet (0.45 metres) or less in width.
c) When calculating the area of a wall upon which a sign may be attached, it shall be determined
by multiplying the length of the building or individual unit by the height of the building or
individual unit. In cases where the building is more than three storeys in height, only the first
three storeys of the building may be used for the area calculation.
d) In cases where a sign has two or more faces, the area of all faces shall be included in
determining the area of the sign, except when two such faces are placed back-to-back and are
at no point more than 2 feet (0.6 metres) from one another.
e) In cases where the surface area of a sign, due to an irregular shape or design, cannot be
determined by standard means, it shall be at the discretion of the Designated Officer as to how it
will be measured.
RM OF MACDONALD ZONING BY-LAW
52
Figure 10: Determining Sign Surface Area
RM OF MACDONALD ZONING BY-LAW
53
3.28
PARKING AND LOADING
a) When any new development is proposed, including a change of use of an existing development,
or when an existing development is enlarged or increased in capacity, off-street vehicular
parking and loading shall be provided in accordance with the regulations contained in this
section.
3.28.1 General Regulations for Off-Street Parking
a) The minimum number of parking spaces provided for each use shall be in accordance with
Table 3-4.
b) Accessory off-street parking stalls and aisles shall be designed and constructed in accordance
with Table 3-5.
c) Where an off-street parking facility is provided for ten or more vehicles, which is at-grade and
visible from an abutting or adjacent site in a Residential zoning district, or from a public roadway
other than a lane, the parking area shall provide screening in accordance with subsection
3.17.2.
d) Where the parking space requirement is determined by the floor area of the use, this shall refer
to the gross floor area of the principal building, excluding:
i. Any area used for parking within the principal building; and,
ii. Any area used for incidental service storage, mechanical equipment, or similar uses.
e) Where the parking space requirement is determined by reference to a unit such as number of
bedrooms or seats, or the size of a building floor area, and the calculation results in a fractional
number, the resulting fractional portion shall be rounded up to the nearest whole number.
f)
In the case of a multiple use site, the Designated Officer shall calculate the parking required for
each individual use and the total shall be deemed the required parking for the site, unless the
applicant can demonstrate through a parking demand study, to the satisfaction of the
Designated Officer, that there is a complementary use of the parking facilities that would warrant
a reduction of parking requirements.
g) In the case of a multiple use building, floor area shall not be counted more than once for the
purpose of determining parking requirements for all uses served.
h) All accessory off-street parking spaces shall be located on the same site as the use served
unless, subject to the issuance of a variance order, the following conditions are met:
i. An agreement for a shared parking arrangement is in place on an ongoing basis to provide
the required number of parking spaces off-site; and,
ii. Such spaces are located no further than 400 feet (121.92 metres) from the site of the
principal use being served.
RM OF MACDONALD ZONING BY-LAW
54
i)
When a building or structure is enlarged or a use is changed, the off-street parking spaces for
the enlargement, change, or new use shall be provided in accordance with the provisions of this
section.
j)
Accessory off-street parking, where required, shall not be occupied by portable signs.
k) Entrance and egress to an accessory off-street parking area shall be provided by means of an
unobstructed driveway having access to a street or, where permitted, to a public lane.
l)
The minimum distance between two driveways on one site, or between a driveway and a street
intersection, as measured along the street edge intersected by that driveway, shall be 24.6 feet
(7.5 metres), as per Municipal standards.
m) Portions of vehicular driveways providing access or egress to an off-street parking area located
within the public right-of-way shall be subject to other applicable Municipal By-Laws.
3.28.2 Off-Street Parking Requirements in all Zoning Districts
a) Accessory off-street parking spaces shall be provided in accordance with Table 3-4:
Table 3-4 - Accessory Off-Street Parking Requirements
Use Class and Type
Minimum Parking Spaces Required
Residential and Residential Related
Single-Unit / Two-Unit Dwelling
1 space per dwelling unit
Row Housing
1 space per dwelling unit, plus 1 additional space per 3 dwelling units for visitor parking
Mobile Home Dwelling
1 space per dwelling unit
Multiple-Unit Dwelling
2 space per dwelling unit, plus 1 additional space per 3 dwelling units for visitor parking
Bed and Breakfast
1 space per dwelling unit plus 1 space per guest room
Group Home
1 space plus 1 space per employee on-shift
Commercial
Hotel
1 space per guest room plus 1 space per 200 SF of GFA devoted to the public assembly
area, plus the applicable parking requirements for any other on-site use
Motel
1 space per guest room
Restaurants and Drinking
Establishments
1 space per 4 seats or 1 space per 200 SF of GFA, whichever is greater
Warehouse Sales Facility
1 space per 500 SF of GFA or 1 space per 3 employees on-shift, whichever is greater
Animal Care
1 space per 300 SF of GFA or 1 space per 3 employees on-shift, whichever is greater
Auto Sales
1 space per 400 SF of GFA plus 1 space per employees on-shift
Car Wash
1 space per bay
All Other
1 space per 300 SF of GFA
Cultural and Entertainment
Cultural Facilities / Recreation
and Entertainment
1 space per 4 seats; or where there are no seats, 1 space per 100 SF of GFA devoted to
public assembly area
Public and Institutional
Childcare Services
1 space per employees on-shift
RM OF MACDONALD ZONING BY-LAW
55
Table 3-4 - Accessory Off-Street Parking Requirements
Use Class and Type
Minimum Parking Spaces Required
Institutional Residence / Hospital
1 space per 4 beds plus 1 space per employee on-shift
Primary School
1 space per on-site staff plus 3 spaces per classroom
Secondary School
1 space per classroom plus 1 space per 10 grade 12 classroom seats
Funeral Service / Religious
Assembly / Recreation Facility /
Community Centre
1 space per 4 seats; or where there are no seats, 1 space per 100 SF of GFA devoted to
public assembly area
Industrial
Light
1 space per 400 SF of GFA
Heavy
1 space per 500 SF of GFA or 1 space per 3 employees on-shift, whichever is greater
Agricultural
Agri-Commercial / Sales
1 space per 400 SF of GFA
Agri-Industrial
1 space per 500 SF of GFA or 1 space per 3 employees on-shift, whichever is greater
Basic Service and Utility
Government / Protective
1 space per employee plus 1 space per 400 SF of GFA
3.28.3 Design and Dimensions of Driveways, Aisles and Spaces
a) The layout and design of driveways for single and two-unit dwellings shall be designed,
constructed, and maintained in accordance with Municipal standards.
b) The layout and design of accessory off-street parking areas, other than those provided for single
and two-unit dwellings, shall be in accordance with the following regulations:
i. Parking space and aisle dimensions shall be consistent with the provisions of Table 3-5.
ii. The depth of each parking space as specified in Table 3-5 shall be exclusive of access
driveways, aisles, ramps, and columns, as well as adjacent sidewalks or pathways.
iii. Driveways providing access and/or egress to parking areas shall be designed, constructed,
and maintained in accordance with Municipal standards.
iv. The location of driveways providing access to accessory off-street parking areas shall be
consistent with section 3.13 herein and require approval from the Designated Officer.
v. A public street or lane shall not be considered as an aisle or driveway.
vi. Notwithstanding clause (v) above, where access to a parking space is provided directly from
a street or lane, the width of the adjacent street or lane may be computed as part of the
required aisle width.
vii. The angle of parking shall be measured between the centre line of the parking space and the
centre line of the aisle. In such cases where an aisle serves two different types of angled
parking, which are located across from each other, the larger required access aisle shall be
provided.
RM OF MACDONALD ZONING BY-LAW
56
viii. Off-street parking facilities may be open to the sky or enclosed within a structure, but shall
have a vertical clearance of at least 7.5 feet (2.28 metres) from floor or grade.
ix. Accessory off-street parking spaces shall be provided with bumper guards, wheel stops,
fences, or masonry walls to prevent a vehicle from encroaching into or crossing onto
adjacent public or private property.
x. All accessory off-street parking areas, including its driveways, aisles, and parking spaces,
shall be designed and surfaced in such a manner that there will be no free flow of water onto
either adjacent properties or along/across public sidewalks.
xi. For all Commercial and Industrial Use Class developments, accessory off-street parking
areas, including its driveways, aisles, and parking spaces, shall be surfaced with asphalt,
concrete, or a similar all-weather material approved by the Designated Officer, in
accordance with Municipal standards.
xii. Off-street parking areas shall comply with all landscaping and lighting standards of this By-
Law.
Table 3-5 - Dimensional Standards for Parking Aisles and Spaces
Angle
of Parking
Reference
Illustration
Minimum Space Dimensions
Minimum Aisle Dimensions
Space Width
Space Depth
One-Way
Two-Way
Parallel
A
9 ft. (2.74 m.)
20 ft. (6.09 m.)
12 ft. (3.65 m.)
20 ft. (6.09 m.)
75 - 90°
B
9 ft. (2.74 m.)
20 ft. (6.09 m.)
20 ft. (6.09 m.)
24 ft. (7.31 m.)
50 - 74°
C
9 ft. (2.74 m.)
20 ft. (6.09 m.)
18 ft. (5.48 m.)
24 ft. (7.31 m.)
49° or less
D
9 ft. (2.74 m.)
20 ft. (6.09 m.)
12 ft. (3.65 m.)
20 ft. (6.09 m.)
Figure 11: Standard Parking Aisle and Space Dimensions
3.28.4 Accessible Parking Spaces
Accessible parking spaces shall be provided in accordance with the following regulations:
RM OF MACDONALD ZONING BY-LAW
57
a) All accessible parking spaces shall be a minimum of 10 feet (3.05 metres) in width, plus a 5 foot
(1.52 metres) wide adjacent access aisle, and a minimum of 23 feet (7.01 metres) in length.
Two such adjacent stalls may be served by the same access aisle.
b) All accessible parking spaces shall be located no further than 200 feet (60.96 metres) of a
principal building entrance used by residents, employees, or the public.
c) All accessible parking spaces shall provide signage or adequate representation to ensure the
space is reserved for persons with mobility issues.
d) All accessible spaces shall be accompanied by an accessible route to a principal entrance,
ensuring a curb ramp is provided not more than 100 feet (30.48 metres) from the parking
space, which shall connect to a hard surface sidewalk or walkway that is a minimum width of
3.25 feet (1 metre).
e) Exclusive of single-unit and two-unit dwellings, the minimum number of accessible parking
spaces provided shall be in accordance with Table 3-6, based on the total number of off-street
parking spaces required by Table 3-4.
Table 3-6 - Accessible Parking Space Requirements
Number of Required Standard Parking Spaces
Minimum Number of Required Accessible Parking Spaces
1 - 25
1
26 - 50
2
51 - 75
4
76 - 100
6
101 - 150
7
151 - 200
8
201 and over
10 plus 1 for every 50 additional standard spaces
3.28.5 Bicycle Parking
a) Bicycle parking facilities shall be required for all Commercial, Public and Institutional, and
Cultural and Entertainment Use Class developments located in Rural Centres or Settlement
Areas as defined in the District Development Plan, with a minimum of one lockable bicycle
space provided for every twenty off-street vehicular parking spaces required under this By-Law.
3.28.6 Off-Street Parking Exceptions
a) For Professional Services, Personal Services, Retail Sales, and Eating / Drinking Establishment
Uses with a total gross floor area of 3,000 square feet (278.7 square metres) or less, off-street
parking requirements shall be reduced in accordance with the number of eligible on-street
parking spaces located adjacent to the site, meaning one required parking space shall be
satisfied for every 25 feet (7.62 metres) of linear street frontage.
RM OF MACDONALD ZONING BY-LAW
58
3.28.7 Off-Street Loading Requirements
Off-street loading areas shall be provided in accordance with the following regulations:
a) The minimum number of loading spaces provided for each use shall be in accordance with
Table 3-7.
b) Each off-street accessory loading space shall be a minimum of 12 feet (3.65 metres) in width
and 33 feet (10 metres) in depth, and provide a minimum vertical clearance of 12 feet (3.65
metres).
c) All accessory off-street loading spaces shall be located on the same site as the use served.
d) Loading spaces shall not be permitted in any required front yard unless otherwise provided for
herein.
e) Off-street loading spaces may be open to the sky or enclosed within a structure, unless located
within a required front or side yard, in which case the space shall be unenclosed.
f)
Accessory off-street loading areas shall be surfaced with concrete, asphalt, or a similar all-
weather material approved by the Designated Officer, as to prevent the rising of dust or similar
loose particles, and shall be designed in such a manner as to prevent the free flow of water onto
adjacent properties or the public right-of-way.
g) All loading spaces shall have access to a public street or lane.
h) Portions of vehicular driveways providing access and egress to an off-street loading area
located within the public right-of-way shall be subject to applicable Municipal By-Laws.
i)
Loading spaces shall be designed so as not to cause interference with pedestrians along
sidewalks or within boulevards, or with vehicles on the adjoining or abutting public roads and
lanes. In no case shall the length of the loading space be such that a vehicle, while occupying
the space, projects into any street, lane, or public right-of-way.
j)
Required off-street parking spaces shall not be considered as off-street loading spaces.
Table 3-7 - Accessory Off-Street Loading Requirements
Use Class and Type
Floor Area
Minimum Required Loading Spaces
Commercial or Industrial Use Classes
(excluding Professional, Financial and
Office Services)
Less than 5,000 sq. ft. (464.5 sq. m.)
0
Between 5,000 sq. ft. (464.1 sq. m.) and
20,000 sq. ft. (1,858 sq. m.)
1
Each additional 20,000 sq. ft.
(1,858 sq. m.) or fraction thereof
1 additional
Cultural / Entertainment and Public /
Institutional Use Classes (excluding
Hospitals), and Professional, Financial
and Office Services
Less than 7,500 sq. ft. (696.7 sq. m.)
0
Between 7,500 sq. ft. (696.7 sq. m.) and
30,000 sq. ft. (2,787.1 sq. m.)
1
Each additional 30,000 sq. ft.
(2,787.1 sq. m.) or fraction thereof
1 additional
Hospitals
Less than 15,000 sq. ft. (1,393.5 sq. m.)
1
Each additional 20,000 sq. ft.
(1,858 sq. m.) or fraction thereof
1 additional
Uses not classified above but
primarily concerned with the handling
of goods
Less than 7,500 sq. ft. (696.7 sq. m.)
1
7,500 sq. ft. (696.7 sq. m.) or greater
Determined by Designated Officer
RM OF MACDONALD ZONING BY-LAW
59
PART 4 ZONING DISTRICTS
4.1
ESTABLISHMENT OF ZONING DISTRICTS
a) Land use in the RM of Macdonald shall be regulated in accordance with the following zoning
districts:
Table 4-1 - Zoning Districts Established
Zone Type
Zoning Name
Zone Code
Agricultural
Agriculture General
AG
Agriculture Limited
AL
Agriculture Restricted
AR
Residential
Residential General
RG
Residential General-1
RG-1
Residential General-2
RG-2
Residential Suburban
RS
Rural Residential
RR
Residential Mobile Home
RMH
Residential Multiple-Unit
RM
Commercial
Commercial Mixed-Use
CMU
Commercial Highway
CH
Commercial Neighbourhood
CN
Industrial
Industrial General
MG
Industrial Business
MB
Community
Parks and Recreation
PR
Institutional
I
General Development
General Development
GD
Development Reserve
Development Reserve
DR
4.1.1 Zoning District Boundaries
a) The zoning districts established above in Table 4.1 shall apply in accordance with the Zoning
Maps, which form PART 8 of this By-Law, and are subject to the following rules of interpretation:
i. Boundaries indicated as approximately following the centrelines of streets, lanes, highways,
rivers, or railway or public utility lines or rights-of-way shall follow such lines.
ii. Boundaries indicated as approximately following parcel limits shown on a registered plan
shall follow such limits.
RM OF MACDONALD ZONING BY-LAW
60
iii. Boundaries indicated as following municipal or community limits shall be construed as
following those limits.
iv. Boundaries indicated as approximately following a topographic contour line or a top-of-bank
line shall be deemed to follow such line and, in the event there is a change to the location of
that line, the boundary shall be deemed to have moved with the line, as determined by the
Designated Officer. The applicant may appeal the Designated Officer's interpretation of the
boundary location, in which case Council shall make the final determination.
v. Where a single site or parcel of land is split into more than one zoning district, each portion of
the site or parcel of land shall be developed and used in accordance with the provisions of
the applicable zoning district, as shown on the Zoning Maps.
4.2
PERMITTED AND CONDITIONAL USES
4.2.1
Use Tables
a) The permitted and conditional uses prescribed for parcels of land within each zoning district
shall be consistent with those established in the Use Table under the applicable section.
Permitted uses are indicated on this table with the letter "P". Conditional uses are indicated on
this table with the letter "C". Where a use is marked with the symbol "-", or is not listed and is
not similar to a permitted or conditional use included therein, as determined by the Designated
Officer, the use shall not be allowed in the applicable zoning district.
4.2.2
Use Class Categories
a) Land use types in this By-Law are categorized into "Use Classes" based on common functional
or physical characteristics. Use Classes organize a range of uses that are permitted or
conditional within different zoning districts in the RM of Macdonald. The types of uses listed
under each use class are not exhaustive and do not represent every use that may exist within
the category. Use Classes include:
Agricultural Use Class
Consists of uses associated with farming, including planting, cultivating, and harvesting crops,
as well as associated storage, wholesale services, and farm diversification activities.
Residential Use Class
Consists of uses associated with housing accommodations, including various types of dwelling
units and living arrangements, such as single-unit dwellings and group homes.
Residential-Related Use Class
Consists of uses commonly associated with and often ancillary to a residence, such as home-
based businesses and daycares, as well as secondary suites.
Group Living Use Class
Consists of uses associated with residential facilities that are intended for group living
arrangements, such as boarding houses, residential care facilities, and group homes.
RM OF MACDONALD ZONING BY-LAW
61
Commercial Use Class
Consists of uses associated with the sale, lease, and/or rental of goods, as well as the provision
of personal, hospitality, or professional services, including associated facilities.
Industrial Use Class
Consists of uses associated with the manufacturing, processing, and production of goods, as
well as warehousing, freight movement, waste handling, and other industrial related activities.
Cultural and Entertainment Use Class
Consists of uses associated with the viewing and/or creation of cultural and artistic materials, as
well as facilities used for social activities, entertainment, and amusement.
Public and Institutional Use Class
Consists of uses associated with public assembly, education, recreation, and worship, as well as
uses serving specialized community needs, such as health and social services.
Basic Service and Utility Use Class
Consists of uses associated with serving basic public needs, such as government, emergency,
and protective services, as well as utilities providing water, wastewater, gas, and power
services.
4.2.3
Use Specific Standards
a) As indicated in the Use Tables, permitted and conditional uses may be subject to the use
specific standards established in PART 5 of this Zoning By-Law. If a use specific standard does
apply, a reference to the applicable section is provided in the Use Tables.
4.3
BULK STANDARDS
4.3.1
Bulk Standards Tables
a) No land, building, or structure shall be used or occupied, and no building or structure shall be
constructed, erected, altered, or placed, except in accordance with the regulations described in
the applicable Bulk Standards Table, unless otherwise specified herein.
RM OF MACDONALD ZONING BY-LAW
62
4.4
AGRICULTURAL ZONING DISTRICTS
4.4.1
Intent
Agriculture General (AG) - provides for a full range of agricultural activities and farm diversification
opportunities, in addition to associated or compatible developments.
Agriculture Limited (AL) - provides for agricultural activities, farm diversification opportunities, and
compatible developments, with specific limitations on introducing new livestock operations.
Agriculture Restricted (AR) - accommodates non-intensive agricultural activities that do not hinder
future urban expansion or affect existing urban development, in addition to associated or compatible
developments.
4.4.2
Land Use
a) No new use or expansion of an existing use in any Agricultural zoning district may be
established except in conformity with Table 4-2.
Table 4-2 - Agricultural District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory Use Only
Agricultural Zoning Districts
Use Class and Type
AG
AL
AR
Use Specific
Standard
Agricultural
Abattoir
C
C
-
Agri-Business
P
P
C
5.26
Agri-Tourism
C
C
C
5.2
Agricultural Activities
P
P
P
Agricultural Crop Protection Warehouse
P
P
-
5.26
Agricultural Implement Sales and Service
P
P
C
Agricultural Product Storage
P
P
C
5.26
Agricultural Support Industry
P
P
C
Anhydrous Ammonia Facility
C
C
-
5.26
Auction Establishment, Livestock
C
C
-
Cannabis Cultivation
C
C
-
Equestrian Establishment
C
C
C
Farm Produce Outlet
P
P
P
Livestock Operation
C
C A
-
5.3
Residential Related Farm, Major
P
C
-
5.4
Residential Related Farm, Minor
P
P
C
5.4
Specialized Agriculture
P
P
P
Wildlife Rehabilitation Centre
C
C
C
RM OF MACDONALD ZONING BY-LAW
63
Table 4-2 - Agricultural District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory Use Only
Agricultural Zoning Districts
Use Class and Type
AG
AL
AR
Use Specific
Standard
Residential
Non-Farm Rural Dwelling
C
C
C
5.5
Residential-Related
Bed and Breakfast
C
C
C
5.18
Home-Based Business
P
P
P
5.6
Home-Based Industry
C
C
C
5.7
Secondary Suite, Detached
C
C
C
5.9
Secondary Suite, Attached
C
C
C
5.10
Commercial
Aircraft Landing Field
C
C
-
Animal Veterinary Services, Domestic
P
P
C
Animal Veterinary Services, Livestock
P
P
C
Campground
C
C
C
Greenhouse / Plant Nursery
P
P
C
Kennel
C
C
C
Solar Collector, Commercial
C
C
C
5.20
Wind Energy Generating System, Commercial
C
C
-
5.21
Industrial
Bulk Storage Facility
C
C
-
Cannabis Processing
C
C
-
Fleet Services
C
C
-
Cultural and Entertainment
Amusement / Entertainment Establishment,
Outdoor
-
-
C
Public and Institutional
Community Garden
P
P
P
Private Communications Facility
C
C
C
Public Parks / Playgrounds
C
C
C
Research Institution
-
-
C
Basic Service and Utility
Government Services
-
-
P
Private Waste Management Facilities
C
C
C
Protective / Emergency Services
-
-
P
Public Utility Services
P
P
P
Wayside Pits and Quarries
C
C
-
5.27
Notes
A If proposed after the effective date of this By-Law Livestock Operations (10+ Animal Units) shall not be permitted.
RM OF MACDONALD ZONING BY-LAW
64
4.4.3
Bulk Standards
a) No person shall erect a building or structure in any Agricultural zoning district unless the building
or structure complies with Table 4-3, in addition to other applicable regulations of this By-Law,
except where a variance has been issued.
Table 4-3 - Agricultural District Bulk Standards
Zoning
District
Use Class
/ Type
Site
Yards A
Minimum
Site Area
ac.
[ha.]
Minimum
Site
Width
ft. [m.]
Minimum
Front
Yard
ft. [m.]
Minimum
Interior
Side
Yard
ft. [m.]
Minimum
Corner Side
Yard
ft. [m.]
Minimum
Rear
Yard
ft. [m.]
Permitted / Conditional Uses
AG
Agricultural
Activities /
Livestock
Operations
80
[32.38]
660
[201.17]
100
[30.48]
25
[7.62]
50
[15.24]
25
[7.62]
Specialized
Agriculture
5
[2.02]
300
[91.44]
100
[30.48]
25
[7.62]
25
[7.62]
25
[7.62]
Residential
Related Farm
/ Other
2
[0.81]
200
[60.96]
100
[30.48]
25
[7.62]
25
[7.62]
25
[7.62]
AL
Agricultural
Activities /
Livestock
Operations
80
[32.38]
660
[201.17]
100
[30.48]
25
[7.62]
50
[15.24]
25
[7.62]
Specialized
Agriculture
5
[2.02]
300
[91.44]
100
[30.48]
25
[7.62]
25
[7.62]
25
[7.62]
Residential
Related Farm
/ Other
2
[0.81]
200
[60.96]
100
[30.48]
25
[7.62]
25
[7.62]
25
[7.62]
AR
Agricultural
Activities /
Livestock
Operations
80
[32.38]
660
[201.17]
100
[30.48]
25
[7.62]
50
[15.24]
25
[7.62]
Specialized
Agriculture
5
[2.02]
300
[91.44]
100
[30.48]
25
[7.62]
25
[7.62]
25
[7.62]
Residential
Related Farm
/ Other
2
[0.81]
200
[60.96]
100
[30.48]
25
[7.62]
25
[7.62]
25
[7.62]
Accessory Buildings / Structures
AG, AL,
AR
-
-
-
100
[30.48]
25
[7.62]
25
[7.62]
5
[1.52]
Notes
A When a front, rear, or side yard is adjacent to a municipal road, the minimum required yard shall be 100 feet [30.48
metres].
.
RM OF MACDONALD ZONING BY-LAW
65
4.5
RESIDENTIAL ZONING DISTRICTS
4.5.1
Intent
Residential General (RG and RG-1) - provides for the development of primarily lower density
residential development on serviced lots in settlement centres, in addition to associated or
compatible developments.
Residential General-2 (RG-2) - provides for the development of primarily lower to medium density
residential development on serviced lots in settlement centres, in addition to associated or
compatible developments.
Residential Suburban (RS) - provides for the development of primarily lower density residential
development on large, serviced lots near the fringe of settlement centres, in addition to associated
uses and limited compatible developments.
Rural Residential (RR) - provides for the development of primarily non-farm residential development
outside of settlement centres on lots of an adequate size to allow on-site wastewater management.
Residential Mobile Home (RMH) - provides for the development of primarily mobile home dwellings
and associated or compatible uses.
Residential Multiple-Unit (RM) - provides for the development of primarily higher density, multi-unit
dwellings on serviced lots in settlements centres, in addition to associated or compatible
developments.
4.5.2
Land Use
a) No new use or expansion of an existing use in any Residential zoning district may be established
except in conformity with Table 4-4.
Table 4-4 - Residential District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory Use Only
Residential Zoning Districts
Use Class and Type
RR
RS
RG
RG-1
RG-2
RMH
RM
Use Specific
Standard
Agricultural
Residential Related Farm, Minor
C
-
-
-
-
-
-
5.4
Residential
Mobile Home Dwelling
-
-
-
-
-
P
-
5.13
Multiple-Unit Dwelling
-
-
C
C
C
-
P
Planned Unit Development
-
-
C
C
C
-
C
5.12
Town House
-
-
C
C
C
-
P
Single-Unit Dwelling
P
P
P
P
P
-
-
RM OF MACDONALD ZONING BY-LAW
66
Table 4-4 - Residential District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory Use Only
Residential Zoning Districts
Two-Unit Dwelling
-
-
C
C
C
-
P
Use Class and Type
RR
RS
RG
RG-1
RG-2
RMH
RM
Use Specific
Standard
Residential-Related
Bed and Breakfast
C
C
C
C
C
-
-
5.18
Home-Based Business
P
P
P
P
P
P
P
5.6
Home-Based Daycare
C
C
C
C
C
-
-
Home-Based Industry
C
C
-
-
-
-
-
5.7
Mobile Home Park
-
-
-
-
-
C
-
5.14
Secondary Suite, Detached
C
C
C
C
C
-
-
5.9
Secondary Suite, Attached
P
C
C
C
C
-
-
5.10
Short-Term Rental
C
C
C
C
C
-
C
5.19
Group Living
Boarding House
C
C
C
C
C
-
-
Group Home, Minor
-
-
C
C
C
-
P
Group Home, Major
-
-
C
C
C
-
C
Residential Care Facility
-
-
C
C
C
-
C
Commercial
Kennel
C
-
-
-
-
-
-
Mixed Commercial-Residential Development
-
-
-
-
-
-
C
Cultural and Entertainment
Library / Museum / Gallery
-
C
C
C
C
C
C
Public and Institutional
Community Centre
P
C
C
C
C
-
C
Community Garden
P
P
P
P
P
P
P
Public Parks / Playgrounds
P
P
P
P
P
P
P
Religious Assembly
-
C
C
C
C
-
C
School, Primary / Secondary
C
C
C
C
C
-
C
Basic Service and Utility
Private Communications Facility
C
-
-
-
-
-
-
Protective / Emergency Services
P
P
C
C
C
-
C
Public Utility Services
P
P
P
P
P
P
P
RM OF MACDONALD ZONING BY-LAW
67
4.5.3
Bulk Standards
a) No person shall erect a building or structure in any Residential zoning district unless the building
or structure complies with Table, in addition to other applicable regulations of this By-Law,
except where a variance has been issued.
Table 4-5 - Residential District Bulk Standards
Zoning
District
Use
Class /
Type A /
B
Site
Yards
Form
Minimum
Site Area
sq. ft.
[sq. m.]
Minimum
Site
Width
ft. [m.]
Minimum
Front
Yard
ft. [m.]
Minimum
Interior
Side
Yard
ft. [m.]
Minimum
Corner
Side
Yard
ft. [m.]
Minimum
Rear
Yard
ft. [m.]
Minimum
Dwelling
Unit Area
sq. ft.
[sq. m.]
Maximum
Building
Height
ft. [m.]
Maximum
Site
Coverage
%
Permitted / Conditional Uses
RG
Single-Unit
Dwelling /
Group
Living
8,000
[743.22]
75
[22.86]
30
[9.14]
15
[4.57]
15
[4.57]
25
[7.62]
700
[65.03]
35
[10.67]
40
Two-Unit
Dwelling
8,000
[743.22]
(4,000 [371.61]
per dwelling)
80
[24.38]
(40 [12.19]
per dwelling)
30
[9.14]
15
[4.57]
15
[4.57]
25
[7.62]
700
[65.03]
35
[10.67]
50
Town
House
3,000
[278.71]
30
[9.14]
30
[9.14]
5 C
[1.52]
15
[4.57]
25
[7.62]
600
[55.74]
35
[10.67]
50
Multiple-
Unit
Dwelling
10,000
[929.03]
100
[30.48]
30
[9.14]
10 D
[3.05]
15
[4.57]
25
[7.62]
400
[37.16]
35
[10.67]
60
RG-1
Single-Unit
Dwelling /
Group
Living
8,000
[743.22]
70
[21.33]
30
[9.14]
10
[3.05]
15
[4.57]
25
[7.62]
700
[65.03]
35
[10.67]
40
Two-Unit
Dwelling
8,000
[743.22]
(4,000 [371.61]
per dwelling)
80
[24.38]
(40 [12.19]
per dwelling)
30
[9.14]
10
[3.05]
15
[4.57]
25
[7.62]
700
[65.03]
35
[10.67]
50
Town
House
3,000
[278.71]
30
[9.14]
30
[9.14]
5 C
[1.52]
15
[4.57]
25
[7.62]
600
[55.74]
35
[10.67]
50
Multiple-
Unit
Dwelling
10,000
[929.03]
100
[30.48]
30
[9.14]
10 D
[3.05]
15
[4.57]
25
[7.62]
400
[37.16]
35
[10.67]
60
RG-2
Single-Unit
Dwelling /
Group
Living
5,000
[464.51]
50
[15.24]
25
[7.62]
7 C
[1.52]
15
[4.57]
25
[7.62]
700
[65.03]
35
[10.67]
40
Two-Unit
Dwelling
6,000
[557.41] (3,000
[278.71]
per dwelling)
60
[18.28]
(30 [9.14]
per dwelling)
25
[7.62]
7 C
[1.52]
15
[4.57]
25
[7.62]
600
[55.74]
35
[10.67]
50
Town
House
3,000
[278.71]
30
[9.14]
25
[7.62]
7 C
[1.52]
15
[4.57]
25
[7.62]
600
[55.74]
35
[10.67]
50
Multiple-
Unit
Dwelling
10,000
eeave[929.03]
100
[30.48]
30
[9.14]
10 D
[3.05]
15
[4.57]
25
[7.62]
400
[37.16]
35
[10.67]
60
RS
Residential
/ Group
Living
1 acre
[0.4 hectares]
150
[45.72]
50
[15.24]
15
[4.57]
25
[7.62]
25
[7.62]
1,200
[1,114.83]
35
[10.67]
20
RR
Agricultural
/
Residential
/ Group
Living
2 acres
[0.8 hectares]
200
[60.96]
50
[15.24]
20
[6.09]
50
[15.24]
50
[15.24]
700
[65.03]
35
[10.67]
10
RMH
Residential
5,000
[464.51]
50
[15.24]
10
[3.05]
5
[1.52]
10
[3.05]
15
[4.57]
800
[74.32]
35
[10.67]
40
RM OF MACDONALD ZONING BY-LAW
68
Table 4-5 - Residential District Bulk Standards
Zoning
District
Use
Class /
Type A / B
Site
Yards
Form
Minimum
Site Area
sq. ft.
[sq. m.]
Minimum
Site Width
ft. [m.]
Minimum
Front
Yard
ft. [m.]
Minimum
Interior
Side
Yard
ft. [m.]
Minimum
Corner
Side
Yard
ft. [m.]
Minimum
Rear
Yard
ft.
[sq. m.]
Minimum
Dwelling
Unit Area
ft. [m.]
Maximum
Building
Height
ft. [m.]
Maximum
Site
Coverage
%
RM
Multiple-
Unit
Dwelling
10,000
[929.03]
100
[30.48]
30
[9.14]
10 D
[3.05]
15
[4.57]
25
[7.62]
400
[37.16]
35
[10.67]
60
Two-Unit
Dwelling
5,000
[464.51]
(2,500 [232.25]
per dwelling)
50
[15.24]
(25 [7.62] per
dwelling)
25
[7.62]
5 C
[1.52]
10
[3.05]
25
[7.62]
600
[55.74]
35
[10.67]
60
Town
House
2,500
[232.25]
25
[7.62]
25
[7.62]
5 C
[1.52]
10
[3.05]
25
[7.62]
600
[55.74]
35
[10.67]
60
Accessory Buildings / Structures
RG
RG-1,
RG-2
-
-
-
30
[9.14]
4
[1.22]
10
[3.05]
4
[1.22]
-
15
[4.57]
10 E
RS,
RR
-
-
-
50
[15.24]
4
[1.22]
25
[7.62]
4
[1.22]
-
15
[4.57]
5 F
RM
-
-
-
30
[9.14]
4
[1.22]
15
[4.57]
4
[1.22]
-
15
[4.57]
10 G
Notes
A Residential Related Use Class developments in all Residential zoning districts shall be subject to the dimensional standards of the associated
principal residential use, as well as any use specific standards that apply.
Notes
B Cultural and Entertainment and Public and Institutional Use Class developments in all Residential zoning districts shall be subject to the
dimensional standards established for the Institutional zoning district, as well as any use specific standards that apply.
C When no public lane is located at the rear of a site and no attached garage is integrated into the principal building, one in terior side yard shall be
provided that is a minimum of 10 feet [3. 05 metres] to allow vehicular access to the side yard.
D When abutting a site featuring a Single-Unit Dwelling or Two-Unit Dwelling, the applicable side yard setback shall be 10 feet [3.05 metres] or half
(50%) of the principal building height, whichever is greater.
E Where a principal dwelling features an attached garage, the maximum floor area of a detached accessory building / structure shall be 300 square
feet [27.87 square metres] in the RG and RG-1 zoning districts and 200 square feet [18.58 square metres] in the RG-2 zoning district.
F Where a principal dwelling features an attached garage, the maximum floor area of a detached accessory building / structure shall be 300 square
feet [27.87 square metres] in the RS zoning district and the RR zoning district.
G The maximum floor area of a detached accessory building / structure shall be 240 square feet [22.29 square metres] in the RM zoning district.
4.5.4
Additional Design Standards in All Residential Zoning Districts
a) For any development proposed in a Residential zoning district, the proponent shall, as far as is
reasonably practicable, demonstrate to the satisfaction of the Designated Officer that the
building design, exterior finishing materials, and construction methods will be of a standard that
is compatible with that of existing surrounding developments.
4.5.5
Additional Development Standards in All Residential Zoning Districts
a) Excluding reverse corner sites, where a new single-unit or two-unit dwelling or an addition to an
existing dwelling is proposed on a street block where at least eighty percent of the sites have
been developed with principal residential buildings, and the front yard setbacks of those
buildings are not consistent with the regulations of this By-Law, the required front yard for the
proposed building shall be consistent with the average of all existing front yards on that block.
RM OF MACDONALD ZONING BY-LAW
69
4.6
COMMERCIAL ZONING DISTRICTS
4.6.1
Intent
Commercial Mixed-Use (CMU) - provides for a mixture of uses, such as retail, business, and
residential, that are of a mutually compatible nature and scale along the main corridors of settlement
centres.
Commercial Highway (CH) - accommodates primarily large-scale commercial development along
major roadways that serves residents of the Municipality and region, as well as members of the
traveling public.
Commercial Neighbourhood (CN) - accommodates small-scale commercial uses within or abutting
residential neighbourhoods, which provide goods and services to satisfy the daily needs of
community members.
4.6.2
Land Use
a) No new use or expansion of an existing use in any Commercial zoning district may be
established except in conformity with Table 4-6.
Table 4-6 - Commercial District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory Use Only
Commercial Zoning Districts
Use Class and Type
CMU
CH
CN
Use Specific Standard
Agricultural
Agricultural Implement Sales and Service
-
C
-
Agricultural Crop Protection Warehouse
-
C
-
5.26
Agricultural Support Industry
-
C
-
Residential
Live-Work Unit
C
-
C
5.8
Multiple-Unit Dwelling
C
-
-
Town House
C
-
-
Single-Unit Dwelling
C
-
-
Two-Unit Dwelling
C
-
-
Residential-Related
Bed and Breakfast
C
-
-
5.18
Home-Based Business
P
-
-
5.6
Secondary Suite, Attached
C*
5.10
Short-Term Rental
C
-
-
5.19
Commercial
Animal Veterinary Services, Domestic
C
-
-
Auction Establishment, Indoor
P
P
-
RM OF MACDONALD ZONING BY-LAW
70
Table 4-6 - Commercial District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory Use Only
Commercial Zoning Districts
Use Class and Type
CMU
CH
CN
Use Specific Standard
Autobody Services
C
C
-
Automotive / Equipment Repair Services
C
P
-
Automotive / Recreational Vehicle Sales and Rentals
C
P
-
Automotive Detailing Services
C
C
-
Business Support Services
P
P
C
Campground
-
C
-
Cannabis Retail Store
C
C
-
5.22
Car Wash
C
C
-
5.15
Catering Service Establishment
P
P
-
Commercial Resort
-
C
-
Drive-Through Facilities
C
P
-
5.15
Eating / Drinking Establishment
P
P
C
5.17
Equipment Sales/Rentals, Light
C
P
-
Event Facility
C
P
-
Fuel Sales
C
P
-
5.16
Hotel / Motel
C
P
-
Kennel
-
C
-
Market, Indoor
P
P
C
Mixed Commercial-Residential Development
C
-
C
Parking, Non-Accessory
C
C
-
Pawnshop
-
C
-
Personal Services
P
P
P
Pet Grooming Establishment
P
P
C
Professional, Financial, and Office Services
P
P
C
Rapid Vehicle Service Establishment
-
P
-
5.15
Retail Store, Convenience
P
-
P
Retail Store, General
P
P
C
Self-Storage Facility
-
C
-
Service Station
-
P
-
5.16
Sign, Billboard Advertising
-
C
-
5.24
Solar Collector, Commercial
-
C
-
5.20
Studio, Fitness / Wellness
P
-
C
Trucking Operation
-
C
-
Warehouse Sales Facility
-
P
-
Industrial
Bulk Storage Facility
-
C
-
Contractor Services
-
P
-
Fleet Services
-
C
-
RM OF MACDONALD ZONING BY-LAW
71
Table 4-6 - Commercial District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory Use Only
Commercial Zoning Districts
Use Class and Type
CMU
CH
CN
Use Specific Standard
Equipment Sales / Rentals, Heavy
-
P
-
Micro-Brewery / Distillery / Winery
C
C
-
Warehouse Storage Facility
-
C
-
Cultural and Entertainment
Amusement / Entertainment Establishment, Indoor
P
P
-
Amusement / Entertainment Establishment, Outdoor
C
C
-
Casino / Gaming Establishment
C
C
-
Library / Museum / Gallery
P
-
P
Private Club
C
C
-
Studio, Media
P
-
-
Studio, Performing Arts
P
-
C
Public and Institutional
Childcare Services
P
-
P
Community Centre
P
P
C
Community Garden
P
-
P
Education Support Services
P
-
P
Funeral Services
C
C
-
Health Services
P
P
C
Public Parks / Playgrounds
P
P
P
Recreation Facility, Indoor
C
C
-
Recreation Facility, Outdoor
C
C
-
Religious Assembly
C
C
C
Research Institution
-
C
-
School, College / Trade
C
C
-
Social Service Centre
P
C
C
Basic Service and Utility
Government Services
P
P
-
Hospital
C
C
-
Protective / Emergency Services
P
P
C
Public Utility Services
P
P
P
RM OF MACDONALD ZONING BY-LAW
72
4.6.3
Bulk Standards
a) No person shall erect a building or structure in any Commercial zoning district unless the
building or structure complies with Table 4-7, as well as other applicable regulations of this By-
Law, except where a variance has been issued.
Table 4-7 - Commercial District Bulk Standards
Zoning
District
Use
Class /
Type
Site
Yards
Form
Minimum
Site Area
sq. ft.
[sq. m.]
Minimum
Site
Width
ft. [m.]
Minimum
Front
Yard
ft. [m.]
Minimum
Interior
Side
Yard
ft. [m.]
Minimum
Corner
Side
Yard
ft. [m.]
Minimum
Rear
Yard
ft. [m.]
Minimum
Dwelling
Unit
Area sq.
ft.
[sq. m.]
Maximum
Building
Height
ft. [m.]
Maximum
Site
Coverage
%
Permitted / Conditional Uses
Live-Work
Unit /
Single-Unit
Dwelling
5,000
[464.51]
50
[4.64]
25
[7.62]
5 A
[1.52]
10
[3.05]
25
[7.62]
700
[65.03]
35
[10.67]
40
5,000
CMU
Two-Unit
Dwelling
[464.51]
(2,500
[232.25]
per dwelling)
50
[4.64]
25
[7.62]
5 A
[1.52]
10
[3.05]
25
[7.62]
600
[55.74]
35
[10.67]
60
Town
2,500
25
5
5 A
10
25
600
35
60
House
[232.25]
[7.62]
[1.52]
[1.52]
[3.05]
[7.62]
[55.74]
[10.67]
Multiple-
Unit
Dwelling
10,000
[929.03]
100
[9.29]
5
[1.52]
5 B
[1.52]
5 C
[1.52]
25
[7.62]
400
[37.16]
35
[10.67]
60
Other
5,000
50
0
0 B
0 C
15
-
35
70
[464.51]
[4.64]
[4.57]
[10.67]
CH
All Listed
15,000
[1,393.54]
100
[9.29]
25
[7.62]
20
[6.09]
20
[6.09]
30
[9.14]
-
35
[10.67]
60
CN
All Listed
5,000
[464.51]
50
[4.64]
20
[6.09]
10
[3.05]
10
[3.05]
25
[7.62]
-
35
[10.67]
60
Accessory Buildings / Structures
CMU
Residential
-
-
25
[7.62]
5
[1.52]
10
[3.05]
5
[1.52]
-
15
[4.57]
10 D
Other
-
-
20
[6.09]
5
[1.52]
5
[1.52]
5
[1.52]
-
15
[4.57]
15
CH
-
-
-
25
[7.62]
20
[6.09]
20
[6.09]
10
[3.05]
-
20
[6.09]
15
CN
-
-
-
20
[6.09]
5
[1.52]
5
[1.52]
5
[1.52]
-
15
[4.57]
10
Notes
A When no public lane is located at the rear of a site and no attached garage is integrated into the principal building, one interior side yard shall
be provided that is a minimum of 10 feet [3. 05 metres] to allow vehicular access to the side yard.
B When abutting a site featuring a Single-Unit Dwelling or Two-Unit Dwelling, the applicable side yard setback shall be 10 feet [3.05 metres] or
half (50%) of the principal building height, whichever is greater.
C When the rear site line is abutting a site featuring a Single-Unit Dwelling or Two-Unit Dwelling, the applicable corner side yard setback shall be
10 feet [3.05 metres].
D The maximum floor area of a detached accessory building / structure shall be 240 square feet [22.29 square metres] for Multi-Unit Dwellings
and for all other Residential uses, where the principal residential building features an attached garage, the maximum floor area of a detached
accessory building / structure shall be 200 square feet [18.58 square metres].
RM OF MACDONALD ZONING BY-LAW
73
4.6.4
Additional Development Standards in All Commercial Zoning Districts
a) More than one principal building may be located on one parcel of land provided that the front,
rear, and side yard requirements for each building are fulfilled and building separation distances
are maintained in accordance with the Manitoba Building Code and any amendments thereto.
b) A multiple-unit building shall be considered one building for the purposes of establishing yard
requirements. In such cases where a building includes multiple types of uses, the most
restrictive use requirements shall apply.
c) The use of parcels or buildings for the personal storage of items not associated with the primary
commercial, industrial, or institutional use shall not be permitted, other than within Self-Storage
Facilities.
4.6.5
Additional Development Standards in the CMU Zoning District
For any new development proposed in the CMU zoning district, the Designated Officer shall:
a) Ensure the design, exterior finishing materials, and siting of all principal buildings makes a
positive contribution to the established character and aesthetic of the street.
b) Ensure principal entrances, public uses, and accessory signs are easily identifiable and visible
from the public right-of-way.
RM OF MACDONALD ZONING BY-LAW
74
4.7
INDUSTRIAL ZONING DISTRICTS
4.7.1
Intent
Industrial General (MG) - accommodates primarily industrial developments of medium to heavy
intensity with higher levels of nuisance that may impact the safety or enjoyment of nearby sites.
Industrial Business (MB) - provides for industrial developments of a light intensity that are primarily
carried out within an enclosed building and create lower levels of nuisance, in addition to associated
or compatible uses, such as offices, warehouse storage areas, and retail sales.
4.7.2
Land Use
a) No new use or expansion of an existing use in any Industrial zoning district may be established
except in conformity with Table 4-8.
Table 4-8 - Industrial District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory Use Only
Industrial Zoning Districts
Use Class and Type
MG
MB
Use Specific Standard
Agricultural
Abattoir
-
-
Agri-Business
P
C
5.26
Agricultural Crop Protection Warehouse
C
-
5.26
Agricultural Implement Sales and Service
C
C
Agricultural Product Storage
C
-
5.26
Agricultural Support Industry
C
-
Cannabis Cultivation
C
C
Commercial
Animal Veterinary Services, Domestic
C
P
Animal Veterinary Services, Livestock
C
-
Auction Establishment, Indoor
P
P
Auction Establishment, Outdoor
C
-
Autobody Services
C
C
Automotive Detailing Services
C
C
Automotive / Equipment Repair Services
P
P
Automotive / Recreational Vehicle Sales and Rentals
P
C
Car Wash
C
C
5.15
Catering Service Establishment
P
P
Drive-Through Facilities
P
P
Eating / Drinking Establishment
P
P
5.17
Equipment Sales / Rentals, Light
P
P
Fuel Sales
P
C
5.16
Greenhouse / Plant Nursery
C
C
RM OF MACDONALD ZONING BY-LAW
75
Table 4-8 - Industrial District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory Use Only
Industrial Zoning Districts
Use Class and Type
MG
MB
Use Specific Standard
Parking, Non-Accessory
C
C
Pet Grooming Establishment
-
P
Retail Store, General
-
P
Rapid Vehicle Service Establishment
C
C
5.15
Self-Storage Facility
P
C
Service Station
P
P
5.16
Solar Collector, Commercial
C
C
5.20
Studio. Fitness / Wellness
-
P
Trucking Operation
P
C
Warehouse Sales Facility
P
C
Wind Energy Generating System, Commercial
C
C
5.21
Industrial
Bulk Storage Facility
C
C
Cannabis Processing
C
C
Commercial Composting Facility
C
-
Contractor Services
P
P
Data Centre / Server Farm
C
-
Fleet Services
P
C
Equipment Sales / Rentals, Heavy
P
C
Manufacturing Establishment, Light
P
P
Manufacturing Establishment, Heavy
C
-
Micro-Brewery / Distillery / Winery
P
P
Salvage Operation / Yard
C
-
Transport Terminal / Freight Yard
C
-
Warehouse Storage Facility
C
C
Cultural and Entertainment
Amusement / Entertainment Establishment, Indoor
-
C
Studio, Media
C
C
Public and Institutional
Childcare Services
-
P
Funeral Services
-
P
Health Services
-
P
Recreation Facility, Indoor
-
C
Research Institution
C
C
School, College / Trade
P
P
Basic Service and Utility
Government Services
C
P
Professional, Financial and Office Services
-
P
Protective / Emergency Services
P
P
RM OF MACDONALD ZONING BY-LAW
76
Public Utility Services
P
P
Recycling Facility
C
C
4.7.3
Bulk Standards
a) No person shall erect a building or structure in any Industrial zoning district unless the building
or structure complies with Table 4-9, in addition to other applicable regulations of this By-Law,
except where a variance has been issued.
Table 4-9 - Industrial District Bulk Standards
Zoning
District
Use
Class /
Type
Site
Yards
Form
Minimum
Site Area
sq. ft.
[sq. m.]
Minimum
Site
Width
ft. [m.]
Minimum
Front
Yard
ft. [m.]
Minimum
Interior
Side
Yard
ft. [m.]
Minimum
Corner
Side
Yard
ft. [m.]
Minimum
Rear
Yard
ft. [m.]
Maximum
Building
Height
ft. [m.]
Maximum
Site
Coverage
%
Permitted / Conditional Uses
MG
All Listed
20,000
[1858.06]
100
[30.48]
50
[15.24]
15
[4.57]
25
[7.62]
25
[7.62]
45
[13.71]
-
MB
All Listed
10,000
[929.03]
80
[24.38]
30
[9.14]
10
[3.04]
15
[4.57]
20
[6.09]
45
[13.71]
60
Accessory Buildings / Structures
MG
-
-
-
50
[15.24]
5
[1.52]
25
[7.62]
10
[3.04]
45
[13.71]
-
MB
-
-
-
30
[9.14]
5
[1.52]
15
[4.57]
10
[3.04]
45
[13.71]
20
4.7.4
Additional Development Standards in All Industrial Zoning Districts
a) More than one principal building may be located on one parcel of land provided that the front,
rear, and side yard requirements for each building are fulfilled and building separation distances
are maintained in accordance with the Manitoba Building Code and any amendments thereto.
b) A multiple-unit building shall be considered one building for the purposes of establishing yard
requirements. In such cases where a building includes multiple types of uses, the most
restrictive use requirements shall apply.
c) Notwithstanding the standards set out above in Table 4-9, when the side site line of any property
in the MG or MB zoning district abuts the side site line of any property in a Residential or
Institutional zoning district, or a Residential Use Class or Public and Institutional Use Cass
development in the GD zoning district, the proponent shall:
i. Provide a minimum buffer of 25 feet (7.62 metres) along the entire side site line that abuts
the Residential or Institutional zoning district property, or the Residential Use Class or Public
and Institutional Use Class property in the GD zoning district.
ii. Ensure the required buffer is not used for on-site operations of any kind, including but not
limited to accessory off-street parking and loading, materials storage, or manufacturing.
iii. Erect and maintain a fence and/or vegetative screen along the entire side site line that abuts
the Residential or Institutional zoning district property, or the Residential Use Class or Public
RM OF MACDONALD ZONING BY-LAW
77
and Institutional Use Class property in the GD zoning district, subject to the maximum height
provisions for fences in the applicable Industrial zoning district.
4.7.5
Additional Development Standards in the MB Zoning Districts
a) In addition to the requirements established in section 3.20, for all developments within the MB
zoning district, partially finished or finished products, equipment, parts, or other materials shall
not be kept or stored within a required front yard or corner side yard of a site, unless the location
and size of the storage area is approved by the Designated Officer.
b) The total area of outside operations in the MB zoning district is not to exceed fifty percent of the
total site remaining after the total area of the principal building is subtracted.
RM OF MACDONALD ZONING BY-LAW
78
4.8
COMMUNITY ZONING DISTRICTS
4.8.1
Intent
Parks and Recreation (PR) - provides for community open spaces and parks, as well as indoor and
outdoor recreational amenities, entertainment facilities, and associated or compatible uses.
Institutional (I) - provides for a range of institutional uses, including protective, educational, health,
civic, and government services accessible to the public, as well as religious assembly.
4.8.2
Land Use
a) No new use or expansion of an existing use in any Community zoning district may be
established except in conformity with Table 4-10.
Table 4-10 - Community District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory Use Only
Community Zoning Districts
Use Class and Type
PR
I
Use Specific Standard
Agricultural
Wildlife Rehabilitation Centre
C
-
Group Living
Group Home, Major
-
C
Group Home, Minor
-
C
Residential Care Facility
-
C
Commercial
Eating / Drinking Establishment
P
P
5.17
Solar Collector, Commercial
-
C
5.20
Cultural and Entertainment
Amusement / Entertainment Establishment, Outdoor
C
C
Library / Museum / Gallery
P
P
Public and Institutional
Cemetery
-
C
Childcare Services
P
P
Community Centre
P
P
Community Garden
P
P
Funeral Services
-
C
Health Services
-
P
Public Parks / Playgrounds
P
P
Recreation Facility, Indoor
P
P
Recreation Facility, Outdoor
P
P
Religious Assembly
-
P
RM OF MACDONALD ZONING BY-LAW
79
Table 4-10 - Community District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory Use Only
Community Zoning Districts
Use Class and Type
PR
I
Use Specific Standard
Research Institution
-
C
School, Primary / Secondary
-
P
School, College / Trade
-
P
Social Service Centre
-
P
Basic Service and Utility
Government Services
-
P
Hospital
-
P
Protective / Emergency Services
P
P
Public Utility Services
P
P
4.8.3
Bulk Standards
a) No person shall erect a building or structure in any Community zoning district unless the building
or structure complies with Table 4-11, in addition to other applicable regulations of this By-Law,
except where a variance has been issued.
Table 4-11 - Community District Bulk Standards
Zoning
District
Use
Class /
Type A
Site
Yards
Form
Minimum
Site Area
sq. ft.
[sq. m.]
Minimum
Site
Width
ft. [m.]
Minimum
Front
Yard
ft. [m.]
Minimum
Interior
Side
Yard
ft. [m.]
Minimum
Corner
Side
Yard
ft. [m.]
Minimum
Rear
Yard
ft. [m.]
Maximum
Building
Height
ft. [m.]
Maximum
Site
Coverage
%
Permitted / Conditional Uses
PR
Commercial
3,000
[278.70]
30
[9.14]
30
[9.14]
10
[3.04]
15
[4.57]
25
[7.62]
45
[13.71]
60
Other
-
-
50
[15.24]
25
[7.62]
25
[7.62]
25
[7.62]
45
[13.71]
60
I
All Listed
10,000
[929.03]
50
[15.24]
50
[15.24]
25
[7.62]
25
[7.62]
25
[7.62]
45
[13.71]
60
Accessory Buildings / Structures
PR, I
-
-
-
50
[15.24]
5
[1.52]
15
[4.57]
10
[3.04]
15
[4.57]
10
Notes
A Group Living Use Class developments in all Community zoning districts shall be subject to the dimensional standards established for
the RG-1 zoning district, as well as any use specific standards that apply.
RM OF MACDONALD ZONING BY-LAW
80
4.9
GENERAL DEVELOPMENT ZONING DISTRICT
4.9.1
Intent
General Development (GD) - provides for a compatible and orderly mix of residential, commercial,
industrial, and community uses in the smaller settlement centres of the Municipality, such as Domain
and Brunkild, where land use patterns are not sufficiently developed to warrant distinct zoning
districts.
4.9.2
Land Use
a) No new use or expansion of an existing use in any General Development zoning district may be
established except in conformity with Table 4-12.
Table 4-12 - General Development District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory Use Only
General Development Zoning
District
Use Class and Type
GD
Use Specific Standard
Agricultural
Agricultural Implement Sales and Service
C
Agricultural Support Industry
C
Residential
Live-Work Unit
C
5.8
Mobile Home Dwelling
C
5.13
Multiple-Unit Dwelling
C
Planned Unit Development
C
5.12
Town House
C
Single-Unit Dwelling
P
Two-Unit Dwelling
P
Residential-Related
Bed and Breakfast
C
5.18
Home-Based Business
P
5.6
Home-Based Daycare
P
Home-Based Industry
C
5.7
Secondary Suite, Detached
C
5.9
Secondary Suite, Attached
P
5.10
Short-Term Rental
C
5.19
Group Living
Boarding House
C
Group Home, Major
C
Group Home, Minor
C
Residential Care Facility
C
RM OF MACDONALD ZONING BY-LAW
81
Table 4-12 - General Development District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory Use Only
General Development Zoning
District
Use Class and Type
GD
Use Specific Standard
Commercial
Animal Veterinary Services, Domestic
C
Auction Establishment, Indoor
P
Autobody Services
C
Automotive Detailing Services
C
Automotive / Equipment Repair Services
C
Automotive / Recreational Vehicle Sales and Rentals
C
Business Support Services
P
Cannabis Retail Store
C
5.22
Car Wash
C
5.15
Catering Service Establishment
C
Drive-Through Facilities
C
5.15
Eating / Drinking Establishment
C
5.17
Equipment Sales / Rentals, Light
C
Event Facility
C
Fuel Sales
C
5.16
Greenhouse / Plant Nursery
C
Hotel / Motel
C
Market, Indoor
C
Mixed Commercial-Residential Development
C
Parking, Non-Accessory
C
Pawnshop
C
Personal Services
P
Pet Grooming Establishment
P
Professional, Financial, and Office Services
P
Retail Store, Convenience
P
Retail Store, General
P
Rapid Vehicle Service Establishment
C
5.15
Service Station
C
5.16
Sign, Billboard Advertising
C
5.24
Solar Collector, Commercial
C
5.20
Studio, Fitness / Wellness
C
Warehouse Sales Facility
C
Industrial
Contractor Services
C
Manufacturing Establishment, Light
C
Micro-Brewery / Distillery / Winery
C
Cultural and Entertainment
RM OF MACDONALD ZONING BY-LAW
82
Table 4-12 - General Development District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory Use Only
General Development Zoning
District
Use Class and Type
GD
Use Specific Standard
Amusement / Entertainment Establishment, Indoor
C
Amusement / Entertainment Establishment, Outdoor
C
Library / Museum / Gallery
P
Private Club
C
Studio, Media
P
Studio, Performing Arts
C
Public and Institutional
Cemetery
C
Childcare Services
P
Community Centre
P
Community Garden
P
Education Support Services
P
Funeral Services
C
Health Services
C
Public Parks / Playgrounds
P
Recreation Facility, Indoor
C
Recreation Facility, Outdoor
C
Religious Assembly
C
Research Institution
C
School, Primary / Secondary
C
School, College / Trade
C
Social Service Centre
P
Basic Service and Utility
Government Services
P
Hospital
C
Protective / Emergency Services
P
Public Utility Services
P
RM OF MACDONALD ZONING BY-LAW
83
4.9.3
Bulk Standards
a) No person shall erect a building or structure in any General Development zoning district unless
the building or structure complies with Table 4-13, in addition to other applicable regulations of
this By-Law, except where a variance has been issued.
Table 4-13 - General Development District Bulk Standards
Zoning
District
Use Class
/ Type
Site
Yards
Form
Minimum
Site Area
sq. ft.
[sq. m.]
Minimum
Site
Width
ft. [m.]
Minimum
Front
Yard
ft. [m.]
Minimum
Interior
Side
Yard
ft. [m.]
Minimum
Corner
Side
Yard
ft. [m.]
Minimum
Rear
Yard
ft. [m.]
Maximum
Building
Height
ft. [m.]
Maximum
Site
Coverage
%
Permitted / Conditional Uses
GD
Agricultural /
Industrial /
Multiple-Unit
Dwellings
10,000
[929.03]
100
[30.48]
30
[9.14]
10
[3.04]
15
[4.57]
20
[6.09]
45
[13.71]
60
Town House
3,000
[278.71]
30
[9.14]
30
[9.14]
5 C
[1.52]
15
[4.57]
25
[7.62]
35
[10.67]
50
Two-Unit
Dwellings
8,000
[743.22]
(4,000
[371.61]
per dwelling)
80
[24.38]
(40 [12.19]
per dwelling)
30
[9.14]
10
[3.05]
15
[4.57]
25
[7.62]
35
[10.67]
50
Other
8,000
[743.22]
75
[22.86]
30
[9.14]
15
[4.57]
15
[4.57]
25
[7.62]
35
[10.67]
40
Accessory Buildings / Structures
GD
Agricultural /
Industrial
-
-
30
[9.14]
5
[1.52]
15
[4.57]
10
[3.04]
35
[10.67]
20
Other
-
-
30
[9.14]
4
[1.22]
15
[4.57]
4
[1.22]
15
[4.57]
10 A
Notes
A Where the principal residential building features an attached garage, the maximum floor area of a detached accessory building /
structure shall be 300 square feet [27.87 square metres] in the GD zoning district.
4.9.4
Additional Design Standards for all Residential Use Class Developments
a) For any proposed Residential Use Class development, the proponent shall, as far as is
reasonably practicable, demonstrate to the satisfaction of the Designated Officer that the
building design, exterior finishing materials, and construction methods will be of a standard that
is compatible with that of existing surrounding developments.
4.9.5
Additional Development Standards for Single-Unit and Two-Unit Dwellings
a) Excluding reverse corner sites, where a new single-unit or two-unit dwelling or an addition to an
existing dwelling is proposed on a street block where at least eighty percent of the sites have
been developed with principal residential buildings, and the front yard setbacks of those
buildings are not consistent with the regulations of this By-Law, the required front yard for the
proposed building shall be consistent with the average of all existing front yards on that block.
RM OF MACDONALD ZONING BY-LAW
84
4.10
DEVELOPMENT RESERVE ZONING DISTRICT
4.10.1 Intent
Development Reserve (DR) - reserves lands for the future growth of Rural Centres and Settlements
in accordance with the District Development Plan and Secondary Plan policies.
4.10.2 Land Use
a) No new use or expansion of an existing use in any Development Reserve zoning district may be
established except in conformity with Table 4-14.
Table 4-14 - Development Reserve District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory Use Only
Development Reserve Zoning
District
Use Class and Type
DR
Use Specific Standard
Agricultural
Agricultural Activities
P
Farm Produce Outlet
C
Residential Related Farm, Minor
C
5.4
Specialized Agriculture
C
Residential / Residential-Related
Bed and Breakfast
C
5.18
Home-Based Business
C
5.6
Home-Based Daycare
C
Home-Based Industry
C
5.7
Non-Farm Rural Dwelling
C
5.5
Secondary Suite, Detached
C
5.9
Secondary Suite, Attached
P
5.10
Short-Term Rental
C
5.19
Public and Institutional
Community Garden
C
Public Parks / Playgrounds
C
Basic Service and Utility
Government Services
P
Private Communications Facility
C
Protective / Emergency Services
P
Public Utility Services
P
RM OF MACDONALD ZONING BY-LAW
85
4.10.3 Bulk Standards
a) No person shall erect a building or structure in any Development Reserve zoning district unless the
building or structure complies with Table 4-15, in addition to other applicable regulations of this By-
Law, except where a variance has been issued.
Table 4-15 - Development Reserve Bulk Standards
Zoning
District
Use Class
/ Type
Site
Yards
Form
Minimum
Site Area
ac.
[ha.]
Minimum
Site
Width
ft. [m.]
Minimum
Front
Yard
ft. [m.]
Minimum
Interior
Side
Yard
ft. [m.]
Minimum
Corner
Side
Yard
ft. [m.]
Minimum
Rear
Yard
ft. [m.]
Maximum
Building
Height
ft. [m.]
Permitted / Conditional Uses
DR
Agricultural
Activities
80
[32.38]
660
[201.17]
100
[30.48]
25
[7.62]
25
[7.62]
25
[7.62]
35
[10.67]
Residential
Related Farm
/ Specialized
Agriculture
5
[2.02]
300
[91.44]
100
[30.48]
25
[7.62]
25
[7.62]
25
[7.62]
35
[10.67]
Other
2
[0.81]
200
[60.96]
100
[30.48]
25
[7.62]
25
[7.62]
25
[7.62]
35
[10.67]
Accessory Buildings / Structures
DR
-
-
-
100
[30.48]
25
[7.62]
25
[7.62]
5
[1.52]
30
[9.14]
RM OF MACDONALD ZONING BY-LAW
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PART 5 USE SPECIFIC STANDARDS
5.1
APPLICABILITY
a) In accordance with the Use Tables contained in PART 4 of this By-Law, regardless of whether a
use is allowed as a permitted or conditional use, and regardless of the zoning district in which
the use is located, the following standards for specific uses must be complied with, except as
otherwise provided for in this By-Law or by an approved conditional use or variance order.
5.2
AGRI-TOURISM
Agri-Tourism shall be subject to the following regulations:
a) Agri-Tourism shall only be permitted in conjunction with Agricultural Activities.
b) Agri-Tourism shall comply with applicable provincial public health and environmental standards.
Council or the Designated Officer may refer an application for a proposed Agri-Tourism use to
the appropriate provincial department or agency prior to issuing a Development Permit.
c) Agri-Tourism shall not be permitted if, at the discretion of the Designated Officer, such use
would be more appropriately located in another zoning district having regard for potential traffic
generation and interference with the agricultural character of the area.
d) In addition to the information listed in section 7.3, Development Permit applications for Agri-
Tourism shall include
i. A description of the proposed use;
ii. Information demonstrating the suitability of the site for the proposed use;
iii. Hours and seasons of operation;
iv. The anticipated number of visits per day;
v. Parking provisions; and,
vi. The number of on-site employees.
5.3
LIVESTOCK OPERATIONS
Livestock Operations shall be subject to the following regulations:
a) The provisions of this By-Law are dependent upon the production capacity of a Livestock
Operation, which is measured by AUs in accordance with Table 5-1:
RM OF MACDONALD ZONING BY-LAW
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Table 5-1 - Animal Unit Calculations
Category of Livestock
Animal Units Produced
by One Livestock
Factor to be Used
to Determine Animal Units
(Number of livestock to
produce 1 Animal Unit)
Dairy
Milking Cows (including associated livestock)
2
0.5
Beef
Beef Cows (including associated livestock)
1.25
0.8
Backgrounder
0.5
2
Summer Pasture / Replacement Heifers
0.625
1.6
Feeder Cattle
0.769
1.3
Hogs
Sows, farrow to finish
1.25
0.8
Sows, farrow to weaning
0.25
4
Sows, farrow to nursery
0.313
3.2
Weanlings
0.033
30
Growers / Finishers
0.143
7
Boars (artificial insemination operations)
0.2
5
Chickens
Broilers
0.005
200
Roasters
0.01
100
Layers
0.0083
120
Pullets
0.0033
300
Broiler Breeder Pullets
0.0033
300
Broiler Breeder Hens
0.01
100
Turkeys
Broilers
0.01
100
Heavy Toms
0.02
50
Heavy Hens
0.01
100
Horses
Mares (including associated livestock)
1.333
0.75
Sheep
Ewes (including associated livestock)
0.2
5
Feeder Lambs
0.063
16
Goats
All
0.14
7.14
Bison
Calves
0.25
4
Adults
1
1
*For other types of animals not listed above, consult with Manitoba Agriculture
RM OF MACDONALD ZONING BY-LAW
88
b) In the case of operations with multiple species of livestock, the calculation of AUs shall be
cumulative across all livestock species, as determined by the province.
c) In accordance with the AU calculations established in Table 5-1, all Livestock Operations shall
maintain the mutual separation distances outlined in Table 5-2:
Table 5-2 - Livestock Mutual Separation Distance Calculations
Size of
Livestock
Operation in
Animal Units
Separation Distance in Feet (Metres)
from a Residence
Separation Distance in Feet (Metres)
from a Designated Area
To Earthen Manure
Storage Facility or
Feedlot
To Animal
Confinement Facility
or Non-Earthen
Manure Storage
Facility
To Earthen Manure
Storage Facility or
Feedlot
To Animal
Confinement Facility
or Non-Earthen
Manure Storage
Facility
10-100
656 (200)
328 (100)
2,625 (800)
1,739 (530)
101-200
984 (300)
492 (150)
3,937 (1200)
2,625 (800)
201-300
1,312 (400)
656 (200)
5,249 (1600)
3,511 (1070)
301-400
1,476 (450)
738 (225)
5,906 (1800)
3,937 (1200)
401-800
1,640 (500)
820 (250)
6,561 (2000)
4,364 (1330)
801-1,600
1,968 (600)
984 (300)
7,874 (2400)
5,249 (1600)
1,601-3,200
2,297 (700)
1,148 (350)
9,186 (2800)
6,135 (1870)
3,201-6,400
2,625 (800)
1,312 (400)
10,499 (3200)
6,988 (2130)
6,401-12,800
2,953 (900)
1,476 (450)
11,811 (3600)
7,874 (2400)
>12,800
3,281 (1000)
1,640 (500)
13,123 (4000)
8,760 (2670)
d) The mutual separation distances prescribed by Table 5-2 for designated areas shall be
maintained between new and expanding Livestock Operations and:
i. Rural Centres and Settlements as defined in the District Development Plan; and,
ii. Non-agricultural areas of the City of Winnipeg.
e) The mutual separation distances prescribed by Table 5-2 for residences shall be maintained
between new and expanding Livestock Operations and any residential dwelling not associated
with the applicable livestock operation.
f)
New and expanding livestock housing and manure storage facilities shall be setback a minimum
distance of 328 feet (100 metres) from all major waterbodies and surface watercourses.
g) Any Livestock Operation involving 300 or more AUs shall be subject to review by the provincial
Technical Review Committee.
h) When reviewing any conditional use application for a Livestock Operation, Council shall take the
following factors into consideration:
i. Compliance with all applicable provincial and federal regulations and guidelines.
ii. Compliance with all livestock policies contained in the District Development Plan.
iii. The type of operation.
iv. The location of the operation in relation to neighbouring land uses.
RM OF MACDONALD ZONING BY-LAW
89
v. The size of the operation, including the maximum number of animals and the site area.
vi. The capacity of the water supply source and proposed consumption levels.
vii. The site conditions and nature of the land base.
viii. Any expressed concerns of local residents.
ix. The Technical Review Committee's report and recommendations.
x. The potential impacts to provincial highways and municipal road systems.
xi. Whether there is a need for a Development Agreement to be entered into between the
proponent and the RM of Macdonald dealing with conditions such as: the timing of
construction of any proposed buildings or structures; the control of traffic; and, the
construction and maintenance of roads, fencing, landscaping, shelterbelts, manure storage
facility covers or site drainage works by or at the expense of the proponent.
5.4
RESIDENTIAL RELATED FARMS
5.4.1
Minor
Minor Residential Related Farms shall be subject to the following regulations:
a) Minor Residential Related Farms shall only be permitted in conjunction with a Single-Unit
Dwelling.
b) The minimum site area required for a Minor Residential Related Farm shall be 2 acres (0.8
hectares).
c) The calculation of Animal Units (AUs) shall be in accordance with Table 5-1, or as determined
by the province, and cumulative across all livestock species.
d) The production capacity of Minor Residential Related Farms shall be limited to 1.00 AUs per 2
acres (0.8 hectares) of land to a maximum of 2.9 AUs.
e) Any building or structure associated with a Minor Residential Related Farm shall maintain a
minimum setback distance of 50 feet (15.24 metres) from any site line.
5.4.2
Major
Major Residential Related Farms shall be subject to the following regulations:
a) Major Residential Related Farms shall only be permitted in conjunction with a Single-Unit
Dwelling.
b) The minimum site area required for a Major Residential Related Farm shall be 6 acres (2.4
hectares).
c) The calculation of Animal Units (AUs) shall be in accordance with Table 5-1, or as determined
by the province, and cumulative across all livestock species.
RM OF MACDONALD ZONING BY-LAW
90
d) The production capacity of Major Residential Related Farms shall be limited to 1.00 AUs per 2
acres (0.8 hectares) of land to a maximum of 9.9 AUs.
e) Any building or structure associated with a Major Residential Related Farm shall maintain a
minimum setback distance of 50 feet (15.24 metres) from any site line.
5.5
NON-FARM RURAL DWELLINGS
Non-Farm Rural Dwellings shall be subject to the following regulations:
a) The maximum site area for Non-Farm Rural Dwellings shall be 10 acres, in accordance with the
relevant Development Plan policies concerning the subdivision of land in agricultural areas.
5.6
HOME-BASED BUSINESSES
Home-Based Businesses shall be subject to the following regulations:
b) Home-Based Businesses shall only be permitted in conjunction with a principal dwelling unit.
c) The person or persons who own and primarily operate the Home-Based Business must reside
full-time in the principal dwelling unit.
d) Any work or activities conducted on the premises in relation to the Home-Based Business shall
be carried out entirely within the principal dwelling unit with no outdoor storage, display, or
processing of goods.
e) Home-Based Businesses shall not be permitted for escort services, tow-truck operations, or the
storage / use of any toxic materials.
f)
Home-Based Businesses shall not change the external appearance of the dwelling unit to
distinguish it as a business or substantially alter its character from surrounding dwelling units.
g) Home-Based Businesses shall not generate undue traffic or congestion, adversely affect the
convenience of the neighbourhood in which they are located, or create a nuisance.
h) In addition to the information listed in section 7.3, applications for Home-Based Businesses shall
include:
i. A description of the proposed business;
ii. Anticipated number of visits per day;
iii. Proposed seasons / hours of operation;
iv. Parking provision details; and,
v. Number of on-site employees.
i)
Applications for Home-Based Businesses shall not be approved if, in the opinion of the
Designated Officer, the proposed business would be more appropriately located in a different
zoning district, having regard for traffic generation and potential nuisances.
j)
Home-Based Businesses shall be permitted one sign for business identification in accordance
with section 3.27.
RM OF MACDONALD ZONING BY-LAW
91
k) The maximum floor area of a Home-Based Business shall be 300 square feet (27.87 square
metres) or twenty percent of the floor area of the principal dwelling unit, whichever is the lesser.
l)
The maximum number of on-site employees for a Home-Based Business shall be two.
m) Home-Based Businesses shall be permitted to provide services, but the maximum number of
on-site clients at one time shall be two, or five in the case of instructional services.
n) The sale of retail goods from Home-Based Businesses shall only be permitted when such goods
are produced on-site or directly associated with a service being provided on-site.
o) All facilities used for the Home-Based Business shall comply with the Manitoba Building Code
and any amendments thereto.
p) A permit for a Home-Based Business is not transferable to a new property owner.
5.7
HOME-BASED INDUSTRIES
Home-Based Industries shall be subject to the following regulations:
a) Home-Based Industries shall only be permitted in conjunction with a principal dwelling unit.
b) The person or persons who own and primarily operate the Home-Based Industry must reside
full-time in the principal dwelling unit.
c) Home-Based Industries may be operated from the principal dwelling unit or an accessory
building to the principal dwelling unit. When operated from the principal dwelling unit, the
maximum floor area of a Home-Based Industry shall be twenty percent of the total floor area of
the principal dwelling unit. When operated from an accessory building to the principal dwelling
unit, the maximum floor area of a Home-Based Industry shall be 1,000 square feet (92.9 square
metres).
d) The sale of goods and services related to the Home-Based Industry is permitted.
e) Home-Based Industries shall be permitted one sign for business identification purposes in
accordance with section 3.27.
f)
Home-Based Industries shall not generate undue traffic or congestion, adversely affect the
convenience of the neighbourhood in which they are located, or create a nuisance.
g) Outside storage of goods and materials shall be limited to the rear yard and shall not project
above the height of a fence or screening structure.
h) In addition to the information listed in section 7.3, applications for Home-Based Industries shall
include:
i. A description of the proposed business;
ii. Anticipated number of visits per day;
iii. Proposed seasons / hours of operation;
iv. Parking provision details; and,
RM OF MACDONALD ZONING BY-LAW
92
v. Number of on-site employees.
i)
Applications for Home-Based Industries shall not be approved if, in the opinion of the
Designated Officer, the proposed business would be more appropriately located in a
Commercial or Industrial zoning district, having regard for traffic and potential nuisances.
j)
The maximum number of on-site employees for a Home-Based Industry shall be five.
k) All facilities used for the Home-Based Industry shall comply with the Manitoba Building Code
and any amendments thereto.
l)
A permit for a Home-Based Industry is not transferable to a new property owner.
5.8
LIVE-WORK UNITS
Live-Work Units shall be subject to the following regulations:
a) The residential portion of the Live-Work Unit shall be located above the ground floor or to the
rear of the building.
b) There shall be internal access between the dwelling unit and work portions of the dwelling unit,
in addition to separate entrances from the exterior.
c) A Home-Based Business or Home-Based Industry shall not be permitted in the residential
portion of the Live-Work Unit.
d) The allowable non-residential uses shall be limited to the permitted uses of the zoning district in
which the Live-Work Unit is located.
e) The minimum floor area of the residential portion of the Live-Work Unit shall be 600 square feet
(55.74 square metres), or twenty-five percent of the floor area of the Live-Work Unit, whichever
is greater.
f)
The maximum floor area of the non-residential portion of the Live-Work Unit shall be 800 square
feet (74.32 square metres), or seventy-five percent of the floor area of the Live-Work Unit,
whichever is lesser.
g) A minimum of one parking stall shall be provided for the residential-related portion of the Live-
Work Unit, in addition to the parking requirements for the business-related portion.
h) The sale of goods and services related to the non-residential portion of the Live-Work Unit is
permitted.
i)
Outside storage of goods and materials shall be limited to the rear yard and shall not project
above the height of a fence or screening structure.
j)
The non-residential portion of the Live-Work Unit shall not be permitted if, in the opinion of the
Designated Officer, such use would be more appropriately located in another zoning district,
having regard for traffic generation and potential nuisances.
k) A permit for a Live-Work Unit is not transferable to a new property owner.
RM OF MACDONALD ZONING BY-LAW
93
5.9
DETACHED SECONDARY SUITES
Detached Secondary Suites shall be subject to the following regulations:
a) Detached Secondary Suites shall only be permitted in conjunction with a Single-Unit Dwelling.
b) A maximum of one Detached Secondary Suite shall be permitted per zoning site.
c) Detached Secondary Suites shall form a single real estate entity with the principal dwelling unit.
No strata titling will be permitted.
d) Detached Secondary Suites shall have a maximum floor area of 1,200 square feet (111.5
square metres), or sixty percent (60%) of the total habitable space of the principal dwelling unit,
whichever is less.
e) A Detached Secondary Suite shall have a minimum floor area of 600 square feet (55.74 square
metres).
f)
Detached Secondary Suites shall maintain a minimum separation distance of 15 feet (3.05
metres) from the principal dwelling unit.
g) Detached Secondary Suites shall be required to provide one off-street parking space, in addition
to the parking requirements for the principal dwelling unit.
h) Detached Secondary Suites shall comply with all yard requirements for principal buildings within
the applicable zoning district, except where the property on which it is located backs onto a
public lane, public right-of-way, or a public park, in which case the minimum setback from the
rear site line shall be 10 feet (3.05 metres).
i)
The maximum height of Detached Secondary Suites shall be:
i. 20 feet (6.09 metres) when located at grade; or,
ii. 24 feet (7.31 metres) when located above an existing accessory structure (e.g. garage).
j)
Detached Secondary Suites shall not be permitted on properties smaller than 1 acre (0.4
hectares) in area.
k) The Detached Secondary Suite shall be connected to the municipal water and wastewater
systems, or in such cases where such systems cannot be accessed, to the services of the
principal dwelling unit.
l)
Vehicular access to Detached Secondary Suites shall be provided via an existing driveway.
m) The exterior of the Detached Secondary Suite shall incorporate building materials and textures
that are similar to those found on the principal dwelling unit, as determined by the Designated
Officer.
n) Detached Secondary Suites shall comply with the Manitoba Building Code and any
amendments thereto.
RM OF MACDONALD ZONING BY-LAW
94
5.10
ATTACHED SECONDARY SUITES
Attached Secondary Suites shall be subject to the following regulations:
a) A maximum of one Attached Secondary Suite shall be permitted per zoning site.
b) Attached Secondary Suites shall form a single real estate entity with the principal dwelling unit.
No strata titling will be permitted.
c) Attached Secondary Suites shall have a maximum floor area of 860 square feet (80 square
metres), or forty percent of the total habitable space of the principal dwelling, whichever is less.
d) Attached Secondary Suites shall have a minimum floor area of 350 square feet (32.5 square
metres).
e) A minimum of one off-street parking space shall be provided for an Attached Secondary Suite, in
addition to the parking requirements for the principal dwelling unit.
f)
Attached Secondary Suites shall not be permitted in detached accessory buildings, including
Detached Secondary Suites.
g) The Attached Secondary Suite shall have an entrance separate from the entrance of the
principal dwelling, either from a common indoor landing or directly from the side or rear of the
principal dwelling unit.
h) Attached Secondary Suites shall comply with the Manitoba Building Code and any amendments
thereto.
5.11
MIXED COMMERCIAL-RESIDENTIAL DEVELOPMENTS
Mixed Commercial-Residential Developments shall be subject to the following regulations:
a) Mixed Commercial-Residential Developments in the CMU and CN zoning district shall be
subject to the "minimum dwelling unit area" standards of the RM zoning district, in addition to
the dimensional standards established for the zoning district in which it is located.
b) The allowable non-residential uses shall be limited to the permitted uses of the zoning district in
which the Mixed Commercial-Residential Development is located.
5.12
PLANNED UNIT DEVELOPMENTS
Planned Unit Developments shall be subject to the following regulations:
a) Specific use regulations and dimensional standards of the zoning districts shall not directly apply
to Planned Unit Developments. However, the uses and standards of a Planned Unit
Development shall incorporate the minimum equivalent standards applicable in this By-Law.
b) A development application for the establishment of a Planned Unit Development shall, in
addition to providing all standard supporting materials and information outlined in section 7.3, be
required to produce a detailed Concept Plan that addresses the following:
i. Community contributions through added amenity areas and / or public facilities;
RM OF MACDONALD ZONING BY-LAW
95
ii. Impact on municipal infrastructure, including wastewater and transportation systems;
iii. Impact on provision of municipal services, such as snow storage and removal;
iv. Impact on surrounding neighbourhoods and the natural environment;
v. Proposed on-street parking and assurance of emergency vehicle access;
vi. Proposed alternative standards for the Planned Unit Development and the existing standards
of the applicable zoning district which are to be superseded;
vii. Detailed plan for lot grading, drainage, and landscaping; and,
viii. Other information as requested by the Designated Officer or Council to assist in the review of
the proposed Planned Unit Development.
c) The alternative standards for the Planned Unit Development shall be regulated through a
Development Agreement and registered as caveats against the applicable land titles.
d) The minimum site area required for Planned Unit Developments shall be 10 acres (4.05 ha.).
5.13
MOBILE HOME DWELLINGS
Mobile Home Dwellings shall be subject to the following regulations:
a) All Mobile Homes Dwellings shall meet structural standards as required by the Manitoba
Building Code A277 rating and any amendments thereto. Any mobile homes installed in the RM
of Macdonald must have been constructed no more than five years prior to the date of the
building permit being issued.
b) All additions, porches, garages, and accessory structures shall be of an equivalent quality and
appearance as the Mobile Home Dwelling and shall complement the exterior.
c) Skirting that is of a manufactured or similar type to harmonize with the Mobile Home Dwelling
must be provided around the base of the unit within sixty calendar days of the unit being placed
on the site.
d) Accessory buildings or structures may be attached to Mobile Home Dwellings, in which case
they shall be considered as being part of the Mobile Home Dwelling and the yard requirements
for the principal Mobile Home Dwelling shall apply.
5.14
MOBILE HOME PARKS
Mobile Home Parks shall be subject to the following regulations:
a) The establishment of Mobile Home Park will need conditional use approval by Council, while
individual homes to be located within the Park will need approval by Development Permit which
can be issued by the Development Officer. Approval from Council shall require a plan drawn to
scale and fully dimensioned indicating landscaping, access, roads, mobile home spaces, buffers,
storage compounds, refuse and garbage area, common recreational area, and retention of
surface run-off and parking, as well as other information as may be necessary to determine
conformance with this By-Law.
RM OF MACDONALD ZONING BY-LAW
96
b) A mobile home park or subdivision shall be subject to the following standards:
i. The minimum site area shall be 5 acres (0.4 hectares);
ii. The minimum site width shall be 220 feet (67.05 metres);
iii. The minimum number of mobile home spaces shall be ten; and,
iv. The maximum density shall be six mobile home spaces per acre.
c) A mobile home park or subdivision shall provide the following:
i. An adequate base for accommodating a mobile home, approved by Designated Officer;
ii. A buffer area adjacent to the perimeter of the mobile home park or subdivision property
boundary that is a minimum of 25 feet (7.62 metres) in width, free and clear of all buildings
and structures around the entire perimeter of the mobile home park or subdivision, excluding
street and pedestrian accesses which may cross this buffer;
iii. A minimum of two off-street parking spaces per dwelling unit located on the same site as the
principal dwelling unit;
iv. A minimum 1,000 square feet (92.90 square metres) of common area for each ten mobile
home spaces or fraction thereof, exclusive of buffers and walkways;
v. Connections to municipal water and sewer services; and,
vi. Electrical outlets.
d) These regulations do not apply to the Mobile Home Dwelling use when established outside of a
Mobile Home Park (see section 5.12).
5.15
DRIVE-THROUGH FACILITIES
Drive-Through Facilities shall be subject to the following regulations:
a) Drive-Through Facilities shall be allowed when accessory to an established use in accordance
with all requirements of this section and applicable yard requirements.
b) Parking and / or loading spaces shall not be used as stacking spaces or included in
demonstrating compliance with the minimum stacking space requirements of this section.
c) No Drive-Through Facility may be located on a site abutting either a Residential zoning district or
a Residential Use Class development in the GD: General Development zoning district.
d) For Eating / Drinking Establishments featuring a drive-through service, a minimum of four
inbound stacking spaces and two out-bound stacking space shall be provided.
e) For Car Wash establishments and Rapid Vehicle Service Establishments, a minimum of six in-
bound stacking spaces and four out-bound stacking spaces shall be provided for each service
bay.
f)
For Financial Service establishments featuring a drive-up automated teller machine, a minimum
of three in-bound stacking spaces and one out-bound stacking space shall be provided.
RM OF MACDONALD ZONING BY-LAW
97
g) Stacking spaces for all Drive-Through Facilities shall be provided as follows:
i. All stacking spaces shall be a minimum of 18 feet (5.48 metres) long and 10 feet (3.05
metres) wide.
ii. All stacking spaces shall be located so as not to block or interfere with pedestrian traffic, or
vehicular traffic to and from required off-street parking spaces, or the driving aisles providing
access to those spaces, or any adjacent street or lane through an approved access point.
iii. No portion of a stacking space shall be located in a front yard or side yard that abuts a
street.
iv. Notwithstanding clause (iii) above, for Fuel Sales or Service Station establishments, stacking
spaces shall be allowed in the corner side yard abutting the street.
5.16
SERVICE STATIONS AND FUEL SALES
Service Stations and Fuel Sales shall be subject to the following regulations:
a) Service Stations and Fuel Sales shall only be permitted on sites with a minimum property
frontage and depth of 100 feet (30.48 metres).
b) All pump islands and underground storage tanks shall be located a minimum of 20 feet (6.09
metres) from any boundary of the site, parking area on the site, or laneways intended to control
traffic circulation on the site, excluding canopies situated above pumping islands.
c) Pump islands or fuelling stations are not permitted in a required parking area.
d) Stacking spaces for all drive-up/through operations shall be provided as follows:
i. A minimum of five in-bound and three out-bound stacking spaces shall be provided for each
service bay.
ii. All stacking spaces shall be a minimum of 18 feet (5.48 metres) long and 10 feet (3.05
metres) wide.
iii. All stacking spaces shall be located so as not to block or interfere with the flow of pedestrian
traffic, or traffic to and from required off-street parking spaces, or the driving aisles providing
access to those spaces, or any adjacent street or lane through an approved access point.
5.17
EATING AND DRINKING ESTABLISHMENTS
Eating / Drinking Establishments shall be subject to the following regulations:
a) Eating / Drinking Establishments in the Community zoning districts shall only be permitted in
association with a Cultural and Entertainment, Public and Institutional, and / or Basic Service
and Utility Use Class development.
b) Accessory outdoor patios shall comply with the following:
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i. The maximum area for an outdoor patio shall be up to fifty percent of the interior floor area of
the Eating / Drinking Establishment, or 800 square feet (74.32 square metres), whichever is
greater.
ii. An outdoor patio shall not be located within 100 feet (30.48 metres) of a site line abutting
either a Residential zoning district or a Residential Use Class development in the GD:
General Development zoning district. Screening and / or noise attenuation provisions along
the said abutting site line shall be subject to the discretion of the Designated Officer.
iii. An outdoor patio shall be allowed to occupy off-street parking spaces associated with the
Eating / Drinking Establishment as a temporary use, subject to compliance with the other
provisions of this section, and provided: the affected parking spaces are not required for
accessible parking; and the outdoor patio shall not to block or interfere with pedestrian
traffic, or vehicular traffic to and from required off-street parking spaces, or the driving aisles
providing access to those spaces, or any adjacent street or lane through an approved
access point.
5.18
BED AND BREAKFASTS
Bed and Breakfasts shall be subject to the following regulations:
a) Bed and Breakfasts shall only be permitted in conjunction with a principal Single-Unit Dwelling.
b) The operator of the Bed and Breakfast must be a full-time resident of the principal Single-Unit
Dwelling.
c) No more than three bedrooms shall be used for the Bed and Breakfast operation.
d) Bed and Breakfasts may be permitted one sign for business identification purposes in
accordance with section 3.27.
e) No cooking facilities shall be allowed in bedrooms used for the Bed and Breakfast.
f)
The Bed and Breakfast shall not generate undue traffic or congestion, adversely affect the
convenience of the neighbourhood in which it is located, or create a nuisance.
g) The Bed and Breakfast shall not change the principal residential character or external
appearance of the principal Single-Unit Dwelling.
h) All facilities associated with the Bed and Breakfast shall comply with the Manitoba Building Code
and any amendments thereto.
i)
A permit for a Bed and Breakfast is not transferable to a new property owner.
5.19
SHORT-TERM RENTALS
Short-Term Rentals shall be subject to the following regulations:
a) Short-Term Rentals shall only be permitted in conjunction with a principal Single-Unit Dwelling.
b) Short-Term Rentals shall not be permitted in Detached Secondary Suites.
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c) The principal Single-Unit Dwelling used for the Short-Term Rental shall be the principal
residence of the property owner
d) No cooking facilities shall be allowed in bedrooms used for the Short-Term Rental.
e) The Short-Term Rental shall not generate undue traffic or congestion, adversely affect the
convenience of the neighbourhood in which it is located, or create a nuisance.
f)
The Short-Term Rental shall not change the principal residential character or external
appearance of the principal Single-Unit Dwelling.
g) Short-Term Rentals shall require a Development Permit in accordance with section 7.3.
h) A permit for a Short-Term Rental is not transferable to a new property owner.
5.20
SOLAR COLLECTORS
Solar Collectors shall be subject to the following regulations:
a) Any Solar Collector not attached to a building shall adhere to the same dimensional standards
for accessory buildings and structures in the zoning district in which it is located.
b) A roof or wall-mounted Solar Collector shall not exceed, in size, the total area of the principal
structure to which it is attached.
c) A Solar Collector that is mounted on a roof may project a maximum of 6.5 feet (2 metres) from
the roof surface and shall not extend beyond the outermost edge of the roof.
d) A Solar Collector that is wall-mounted may project a maximum of 2 feet (0.6 metres) from the
surface of that wall and shall be located a minimum of 8 feet (2.43 metres) above grade.
e) The appropriate engineering approvals shall be obtained as required by the Designated Officer,
in addition meeting all design and installation standards established by the applicable provincial
authorities.
5.21
WIND ENERGY GENERATING SYSTEMS
5.21.1 Commercial Wind Energy Generating Systems
Commercial Wind Energy Generating Systems shall be subject to the following regulations:
a) Commercial Wind Energy Generating Systems shall be set back a minimum distance of 1.5
times the total turbine height from the property line and any public road or right of way.
b) Commercial Wind Energy Generating Systems shall be set back a minimum distance of 100 feet
(30.48 metres) from a water body or waterway.
c) The minimum separation distance between a Commercial Wind Energy Generating System
tower and the nearest habitable building shall be 1,640 feet (500 metres).
d) No commercial advertising other than the name and/or logo of the manufacturer or owner shall
be permitted on a Commercial Wind Energy Generating System tower.
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e) Commercial Wind Energy Generating System towers shall contain no artificial lighting other than
the lighting that is required by federal and provincial regulation.
5.21.2 On-Site Wind Energy Generating Systems
a) An On-Site Wind Energy Generating System shall be set back a minimum of 20 feet (6.09
metres) from the front building line or, in the case of corner sites, at least 15 feet (4.57 metres)
from the front and side site lines.
b) The total turbine height for a roof-mounted On-Site Wind Energy Generating System shall not
exceed 15 feet (4.57 metres) above the rooftop.
5.22
CANNABIS RETAIL STORES
Cannabis Retail Stores shall be subject to the following regulations:
a) Cannabis Retail Stores shall be licensed and operate in accordance with applicable provincial
legislation and regulations.
b) Cannabis Retail Stores shall be located a minimum distance of 492 feet (150 metres) from all
existing Public and Private Schools and Childcare Services, and a minimum distance of 984 feet
(300 metres) from any existing Cannabis Retail Store.
c) The owner / operator of a Cannabis Retail Store shall enter into a Development Agreement with
the RM of Macdonald to address matters including, but not limited to the design and
appearance, signage, and lighting of the business, and the business hours of operation.
5.23
SELF-STORAGE FACILITIES
Self-Storage Facilities shall be subject to the following regulations:
a) Self-Storage Facilities must be established as a standalone use, and may not be established
within a building intended to host multiple commercial uses within a single development.
5.24
BILLBOARD ADVERTISING SIGNS
Billboard Advertising Signs shall be subject to the following regulations:
a) No Billboard Advertising Sign may be located or operated in such a manner as to materially
impede the view of any street or highway intersection, or in such a manner as to interfere with,
obstruct the view of, or be confused with any authorized traffic sign, signal or device.
b) The maximum surface area per Billboard Advertising Sign shall be 200 square feet (18.58
square metres).
c) If freestanding, the maximum height of a Billboard Advertising Sign shall be 25 feet (7.62
metres).
d) No Billboard Advertising Sign may feature an electronic message board, video screen, or any
other means of electronic copy.
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e) No Billboard Advertising Sign shall be located within 500 feet (152.4 metres) from another
Billboard Advertising Sign on the same road and facing in the same direction of traffic.
5.25
PUBLIC PARKS AND PLAYGROUNDS
Public Parks / Playgrounds shall be subject to the following regulations:
a) The dimensional standards of the zoning district in which the Public Park / Playground is located
shall not apply to the facilities associated with the use, subject to Council approval.
5.26
HAZARDOUS STORAGE AND ANHYDROUS AMMONIA FACILITIES
Hazardous storage and Anhydrous Ammonia Facilities shall be subject to the following regulations:
a) Hazardous storage facilities, including bulk farm chemical supply warehouses, inland grain
terminals, and bulk fuel or fertilizer storage facilities, and Anhydrous Ammonia Facilities shall be
located a minimum of:
i. 5,280 feet (1.6 kilometres) from a Rural Centre or Settlement as designated in the District
Development Plan;
ii. 2,640 feet (0.8 kilometres) from a Residential Use Class development;
iii. 330 feet (100.5 metres) from the edge of the right-of-way of any public roadway; and,
iv. 4,921 feet (1,500 metres) from a municipal water well or holding pond and 984 feet (300
metres) from waterbodies, including drains.
b) All applications for proposed uses involving the storage of hazardous materials, as defined
under Manitoba Regulation 195/2015 and any amendments thereto, shall be circulated to
Council for review.
5.27
WAYSIDE PITS AND QUARRIES
Wayside Pits and Quarries shall be subject to the following regulations:
a) Wayside Pits and Quarries shall be located a minimum of:
i. 5,280 feet (1.6 kilometres) from a Rural Centre or Settlement as designated in the District
Development Plan;
ii. 2,640 feet (0.8 kilometres) from any individual Residential or Public and Institutional Use
Class development located outside of the communities outlined in clause (i) above;
iii. 492 feet (150 metres) from a Provincial Trunk Highway, Provincial Road or residence, unless
the operator has established a vegetated berm or tree screen sufficient to shield the quarry
from view from the road or residence; and,
iv. 330 feet (100.5 metres) from the edge of the right-of-way of any public roadway.
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PART 6 SPECIAL AREAS
6.1
APPLICABILITY
a) The regulations contained in this PART shall apply to the specific geographic areas in the RM of
Macdonald that, due to special site conditions or other unique attributes, require additional
measures to ensure development is carried out in a safe and orderly manner.
6.2
PROVINCIAL ROADS AND HIGHWAYS
a) A permit from the applicable provincial authority shall be required to construct, modify, relocate,
remove, or intensify the use of an access to a provincial trunk highway or provincial road.
b) A permit from the applicable provincial authority shall be required to construct, modify, relocate,
or remove a structure or sign, or to change or intensify the use of an existing structure, including
the alteration of existing buildings, within the controlled area adjacent to a provincial trunk
highway or a provincial road.
6.3
FLOOD HAZARD AREAS
a) No permanent building or structure shall be permitted on lands within a flood hazard area, which
includes all lands:
i. Within the Designated Red River Flood Area (DFA) shown on Map 9;
ii. Which would be flooded by the 1:200-year flood, or flood of record, whichever is greater;
and,
iii. Subject to periodic local flooding or a flood specified by the applicable provincial authority in
areas of protected flood control works.
b) Notwithstanding clause (a) above, in such cases where Council determines it is not practical or
desirable to restrict development within flood hazard areas, the applicant shall be required to
satisfy the following conditions prior to being issued a Development Permit:
i. All permanent structures and accesses must be located on sites which have been flood
proofed by either raising the building site with fill to the Flood Protection Level, which is an
elevation at least 2 feet (0.6 metres) above the 200-year flood level as determined by the
appropriate provincial authority, constructing a ring dike to the height of the Flood Protection
Level around the building site using clean impervious material, or by other means as
recommended by a certified engineer of Manitoba and approved by Council.
ii. In areas where the Flood Protection Level has not been determined, all permanent structures
and accesses shall be set back a minimum distance of 98 feet (30 metres) from the Ordinary
High-Water Mark of the applicable waterway, unless information prepared by a certified
engineer of Manitoba demonstrates that this setback may be reduced, subject to Council
approval.
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iii. Any permanent structure featuring a basement shall be required to use impervious fill to raise
the site and shall be restricted from including habitable space within the basement; however,
walk-out basements shall not be permitted along natural waterways.
iv. The elevation of the main floor of any permanent principal structure must be located at least
1 foot (0.3 metres) above the Flood Protection Level.
v. Accessory structures or basements within the flood hazard area shall not be used for the
storage of immovable or hazardous materials that are toxic, flammable, or explosive.
vi. Other conditions as deemed necessary to negate the effects of the hazard.
c) Where development is proposed in an area which, in the opinion of the Designated Officer, may
be subject to ponding due to snowmelt or heavy rainfall events, the owner may be required to
provide additional measures, including the provision of sufficient fill around the building, to
provide an additional measure of protection from flood damage.
d) Further to clause (b) above, the Designated Officer may require the applicant to provide, at their
own expense, information prepared by a certified engineer of Manitoba on flood levels,
elevations, soil conditions, and/or other geotechnical data needed to assist their review.
e) Council or the Designated Officer may, prior to the issuance of a Development Permit, consult
with the appropriate provincial authority regarding the flood hazard area.
6.4
RIPARIAN AREAS AND UNSUITABLE LANDS
a) No permanent building shall be constructed or placed on land that is subject to subsidence or
erosion by water, or is marshy or unstable, or is otherwise unsuitable or hazardous by virtue of
its soil or topography, unless it is demonstrated to the satisfaction of Council that proper
measures will be taken to address the unsuitability and/or hazard.
b) No tree removal shall be permitted within a riparian buffer of 98 feet (30 metres), shown as
Riparian Areas in Map 9, from natural waterways without first obtaining written permission from
the Designated Officer.
c) All permanent structures must be set back a minimum of 98 feet (30 metres) upslope from the
normal high-water level of natural waterways, as determined by the applicable provincial
authority, where erosion, bank instability, or slumping may pose an added risk to property and/or
public safety.
d) Notwithstanding clause (b) above, in such cases where Council determines it is not practical or
desirable to restrict development within the prescribed setback of 98 feet (30 metres) from the
normal high-water level of a natural waterway, the applicant shall be required to provide, at their
own expense, a geotechnical report prepared by a certified engineer of Manitoba that
recommends an alternative setback and/or proper measures that will be taken to mitigate any
associated risks to the property and public safety.
e) Applicants shall be required, as recommended by a geotechnical report, or review thereof, to
take any required measures to halt the erosion process within a proposed development area,
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which must be verified by a certified engineer of Manitoba prior to the issuance of a
Development Permit.
6.5
RAILWAY OPERATIONS
a) No dwelling unit shall be located within 98 feet (30 metres) of an active railway line, measured
from the edge of the railway property line to the nearest wall of the dwelling unit.
b) For any development proposed in proximity to an active railway line, Council may require
mitigative measures to be implemented in accordance with FCM-RAC guidelines, as deemed
necessary considering the nature of the development and site conditions.
6.6
WASTEWATER TREATMENT FACILITIES
a) No dwelling unit shall be located within 1,500 feet (457.2 metres) from the boundary of a
municipal sewage lagoon, shown as Waste Water Lagoons in Map 9, pursuant to applicable
provincial legislation and regulations.
6.7
HIGH PRESSURE NATURAL GAS FACILITIES
a) No dwelling unit shall be located within 50 feet (15.24 metres) from the edge of the
TransCanada (TC) Energy right-of-way.
b) Permanent structures shall not be located anywhere on the TC Energy right-of-way and shall be
setback at least 23 feet (7 metres) from the edge of the right-of-way and 40 feet (12.19 metres)
from the edge of the pipeline.
c) Temporary structures shall not be located anywhere on the Pipeline right-of-way and shall be
setback at least 10 feet (3.05 metres) from the edge of the right-of-way and 26.5 feet (8 metres)
from the edge of the pipeline.
d) Applicants proposing development on any site that is completely or partially located within 98
feet (30 metres) from TC Energy shall be required to obtain written consent from the pipeline
operator prior to any ground disturbance taking place.
e) Any proposed development on a site that is completely or partially located within 2,625 feet (800
metres) from the TC Energy Facility, shown as the Facility Assessment Area in Map 3: Oak Bluff
and Map 9, or 1,115 feet (340 metres) from the TC Energy Pipeline, shown as the Pipeline
Assessment Area in Map 3 and Map 9, shall be referred to the pipeline operator for review and
input.
f)
For any development proposed on a site that is completely or partially located within the TC
Energy right-of-way, applicants shall be required to obtain a Crossing Agreement from the
pipeline operator prior to applying for a Development Permit, or provide verification to the
satisfaction of the Designated Officer that a Crossing Agreement is not required.
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6.8
HYDRO TRANSMISSION UTILITIES
a) No dwelling shall be located within 50 feet (15.24 metres) from the edge of a right-of-way
established for the transmission of high pressure hydro-electricity in excess of 100 kilovolts.
b) For any development located within 656 feet (200 metres) of such utilities, measured from the
centre of the right-of-way, consultation with the appropriate utility company or operating
authority must be initiated prior to the submission of a Development Permit application.
6.9
AIRCRAFT FLIGHT VICINITY AREAS
a) All buildings and structures when being located in close proximity to licensed aircraft landing
strips, whether on the same property or adjoining property, shall be governed by the
recommended Transport Canada regulations.
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PART 7 ADMINISTRATION
7.1
RESPONSIBLE AUTHORITY
a) The authority responsible for administering, enforcing, amending and/or repealing this By-Law
shall be the RM of Macdonald Council, in accordance with and subject to the provisions of The
Planning Act.
7.2
CONTROL OF DEVELOPMENT
a) Unless otherwise stated in this By-Law, no development shall be undertaken in the RM of
Macdonald unless a Development Permit has been issued.
b) Where an application for a Development Permit is determined to contain incorrect information,
no Development Permit shall be issued until the applicant corrects such information.
c) Any Development Permit issued on the basis of incorrect information contained in the
application shall be invalid.
d) The issuing of a Development Permit shall not prevent the Designated Officer from thereafter
requiring the correction of errors on application materials, nor from prohibiting the development
from being carried out unless and until such errors are corrected.
e) A Development Permit for an accessory use, building or structure shall not be issued unless and
until a Development Permit for the principal use, building or structure has been issued.
7.3
DEVELOPMENT PERMITS
7.3.1
When a Development Permit is Required
A Development Permit is required for the following, except as otherwise provided for herein:
a) The erection, construction, enlargement, structural alteration or placing of a principal or
accessory building or structure.
b) The demolition, removal, and/or relocation of any building or structure.
c) The establishment of a use of land or a building or structure.
d) The change of a use of land and/or a principal or accessory building or structure.
7.3.2
When a Development Permit is Not Required
A Development Permit is not required for the following, provided that all other provisions of this By-
Law and other applicable By-Laws of the RM of Macdonald are complied with, and that any required
approvals, permits, or licenses from other government agencies are obtained:
a) Incidental alterations, including the regular maintenance or repair of any development.
b) Agricultural cropping of land, including the use of vacant farmland, buildings and structures for
agricultural cropping, or a change from one permitted agricultural cropping activity to another.
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c) Private driveways and private sidewalks which are accessory to a development.
d) The erection, construction, enlargement, alteration or placement of the following structures:
i. Fences not exceeding the maximum height permitted in the applicable zoning district;
ii. Signs exempted by this By-Law under subsection 3.27.7;
iii. Outdoor lighting, provided it is not considered a hazard by the Designated Officer;
iv. Accessory buildings or structures not exceeding 108 square feet (10 square metres) in area
and 15 feet (4.57 metres) in height, excluding private hot tubs, Private Swimming Pools, On-
Site Solar Collectors and/or On-Site Wind Energy Generating Systems;
v. Private communications facilities attached to the roof of a principal building, provided the
weight (including all support apparatus) does not exceed 75 pounds (34.02 kilograms);
vi. Private water supply wells and sewage disposal systems as licensed by the province; and,
vii. Unenclosed patios at grade level below 2 feet (0.6 metres) in height.
e) Landscaping where the existing grade and surface drainage patterns are not material altered.
f)
Activities carried out by the RM of Macdonald for the maintenance or improvement of any public works,
including the inspection, repair, or renewal thereof.
g) Temporary buildings, structures, or uses associated with festivals, farmers' markets, or similar
types of community events at the discretion of the Designated Officer.
h) Activities carried out by the provider of a public utility for the purpose of inspecting, repairing, or
renewing any main, pipe, cable, power links, poles or other conduit.
7.3.3
Development Permit Application Requirements
In addition to a fully and accurately completed application form, the following information shall be
submitted by the property owner(s) or a person authorized in writing on behalf of the property
owner(s) as part of a Development Permit application:
a) Description of the scale of the development that includes the following in accordance with the scope
and nature of the work being proposed:
i. Total area of the subject development site;
ii. Gross floor area of the development;
iii. Height and number of storeys; and,
iv. Number of dwelling units (if any).
b) Site Plan that includes the following in accordance with the scope and nature of the work being
proposed:
i. Drawing(s) drawn to a minimum 1:100 scale;
ii. Legal description and civic address of the property;
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iii. Directional north arrow and scale bar;
iv. Site boundaries and dimensions;
v. Location and dimensions of any easements on the site;
vi. Dimensions of all existing and/or proposed buildings and structures and location in relation to
site lines;
vii. The use or uses of all existing and proposed buildings and structures and/or the site;
viii. Identification of existing streets, lanes, or public right-of-way providing access to and egress
from the site;
ix. Location and dimensions of proposed driveways, parking areas, loading areas, vehicle
entrances and exits, and streets;
x. Location of storage areas, including garbage and recycling holding areas;
xi. Number of parking and loading spaces required by this By-Law and provided;
xii. Setbacks, yard dimensions and/or separation distances required by this By-Law;
xiii. Location of sidewalks, walkways, fences, screening, retaining walls, trees, and other physical
features, both existing and proposed, as required by the Designated Officer;
xiv. For livestock operations that produce 3 AUs or greater, in addition to the standard
development submission regulations outlined herein, a detailed description of the proposed
development shall be provided, including the type of livestock and calculation of AUs, and a
site plan showing the location of housing, storage and other facilities relative to the
boundaries of the site or parcel of land;
xv. Utility connections and well location(s); and,
xvi. Signage information, including location and dimensions, the clearance from grade, the
projections beyond the building wall, an illustration of the proposed copy, the sign materials,
the method of illumination (if any), and the method to be used to structurally support or
anchor the sign.
c) Drainage Plan in accordance with section 3.15.
d) Landscape Plan in accordance with subsection 3.16.1 unless otherwise provided for herein.
e) Elevations and floor plans drawn to scale of proposed buildings, if applicable.
f)
Status of Title issued within one year of submitting the application.
g) Building location certificate prepared by a Manitoba Land Surveyor, if applicable.
h) Payment of all applicable fees prescribed by the RM of Macdonald.
i)
Any additional information as required by Council or the Designated Officer to ensure compliance
with this By-Law or any other applicable By-Law, policy or regulation.
RM OF MACDONALD ZONING BY-LAW
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7.3.4
Conditions Attached to a Development Permit
a) Applicants may be required to make satisfactory arrangements for the supply of electricity and/or
natural gas, for pedestrian and vehicular access, and for lot grading in accordance with applicable
Municipal By-Laws and standards.
b) Council may impose, with respect to a conditional use order or variance order, such conditions as
deemed appropriate to ensure compliance with the provisions of this By-Law, other municipal,
provincial, and federal regulations, as well as any matters raised at the associated public hearing.
c) Pursuant to a conditional use order, variance order, or Zoning By-Law Amendment, Council may
require the applicant to enter into a Development Agreement, which shall be attached to and form
part of the Development Permit, to carry out any of the following:
i. To construct, or pay for the construction of or improvement to, a public roadway required to
provide access to the applicable development;
ii. To specify the number and location of vehicular access points to sites from public roadways,
as well as when the access points are to be constructed in relation to other development
activities occurring on the site;
iii. To install, or pay for the installation of, utilities that are necessary to serve the development,
or pay the recovery costs of services which have already been installed;
iv. To repair, improve or reinstate, or pay for the repair, improvement or reinstatement of any
street furniture (e.g. benches, waste receptacles), curbing, sidewalks, boulevard
landscaping, and/or trees which may be damaged or destroyed by the development or
building operations occurring on the site, as determined by the Designated Officer; and,
v. To construct, or pay for the construction of or improvement to, land drainage works which
are necessary to serve the development.
d) Council or the Designated Officer may require an agreement entered into pursuant to clause (c) above
to be registered as a caveat on the land title at the Land Titles Office.
7.3.5
Other Permits Required
a) The issuance of a Development Permit in respect to a building or structure does not affect a
person's obligation to obtain a Building Permit, Occupancy Permit or any other permit required
for the proposed work under any other By-Law, law, or regulation.
7.4
CONDITIONAL USES
a) A property owner or person authorized in writing by the property owner may submit an
application for a use listed as a conditional use in PART 4 of this By-Law.
b) Any change in a conditional use, including an enlargement, expansion, or extension, shall be
subject to the provisions of this section.
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c) An application for a conditional use shall be processed and approved or rejected in accordance
with the provisions of The Planning Act.
7.4.1
Conditional Use Application Requirements
a) An application for a conditional use shall be submitted in proper form to the Designated Officer,
which must be accompanied by payment of the applicable fee prescribed by the RM of
Macdonald, as well as the following:
i. Plans drawn to scale showing the relevant information specified in subsection 7.3.3(b);
ii. Description of the use or uses of each existing and proposed building or structure;
iii. Location of adjacent buildings and structures, including their height / number of storeys;
iv. Description of why the conditional use is being requested;
v. Description of how the conditional use complies with the other provisions of this By-Law and
the policies and objectives of the District Development Plan and any applicable Secondary
Plan in-effect; and,
vi. Any additional information as required by Council or the Designated Officer to ensure
compliance with this By-Law or any other applicable By-Law, policy, or regulation.
7.4.2
Conditional Use Review Criteria
a) Reviews of conditional use applications shall consider, but not be limited to, the following:
i. Compatibility with the surrounding area, including land uses, development scale, traffic
impacts, municipal infrastructure, environmental conditions, heritage resources or human
remains, and public or private utilities;
ii. Consistency with the objectives and policies of the District Development Plan and applicable
Secondary Plans;
iii. The potential effects on the environment, heritage resources, human remains, and public
health and the proposed mitigation measures in response thereto;
iv. Any documented concerns of community members raised at the public hearing; and,
v. The standards for conditional uses outlined in PART 4 of this By-Law.
7.4.3
Conditions Attached to Conditional Use Approval
a) Council may, in accordance with The Planning Act, establish conditions of approval appropriate
to the circumstances of the proposed development to ensure compliance with the requirements
of subsection 7.4.2(a). Council may subsequently revoke approval of a conditional use as a
consequence of failing to comply with any of the specified conditions.
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7.4.4
Expiry of Conditional Use Approval
a) The approval of Council for a conditional use shall expire and cease to have any effect if it is not
acted upon within twelve months of the date of the decision, unless it is renewed at the
discretion of Council for one additional period not exceeding twelve months.
b) The approval of Council for a conditional use shall expire if the use begins within the required
time frame but later ceases operations for a period of twelve consecutive months or longer,
unless otherwise specified in the conditional use order.
7.5
VARIANCE ORDERS
a) A property owner or person authorized in writing by the property owner may apply for an order
to vary specific provisions of this By-Law insofar as they apply to the affected property.
b) An application for a variance order shall be processed and approved or rejected in accordance
with the provisions of The Planning Act.
7.5.1
Variance Order Application Requirements
a) An application for a variance order shall be submitted in proper form to the Designated Officer,
which must be accompanied by payment of the applicable fee prescribed by the RM of
Macdonald, as well as the applicable information specified in subsection 7.4.1(a).
7.5.2
Variance Order Review Criteria
a) Reviews of variance order applications shall consider, but not be limited to, the following:
i. Compatibility with the surrounding area, including land uses, development scale, traffic
impacts, Municipal infrastructure, environmental conditions and public or private utilities;
ii. Consistency with the objectives and policies of the District Development Plan and applicable
Secondary Plans;
iii. The potential effects on the environment and public health and the proposed mitigation
measures in response thereto;
iv. Any documented concerns of community members raised at the public hearing; and,
v. The proposed variance is the minimum modification required to relieve the adverse effect on
the applicant's property.
7.5.3
Conditions Attached to a Variance Order
a) Council may, in accordance with The Planning Act, establish conditions of approval in making a
variance order to ensure compliance with the requirements of subsection 7.5.2(a).
b) In the case of a minor variance order, consistent with clause (i) of Section 7.5, the Designated
Officer may establish conditions of approval to ensure compliance with the requirements of
subsection 6.5.2(a).
RM OF MACDONALD ZONING BY-LAW
112
7.5.4
Expiry of a Variance Order
a) The approval of Council for a variance order shall expire and cease to have any effect if it is not
acted upon within twelve months of the date of the decision, unless it is renewed at the
discretion of Council for one additional period not exceeding twelve months.
7.6
ZONING AMENDMENTS
a) Subject to the procedural requirements outlined in The Planning Act, an amendment to this By-
Law may be initiated by a resolution of Council, or by application of one or more owners of the
affected property, or a person authorized in writing by the property owner(s).
7.6.1
Zoning Amendment Application Requirements
a) Any person applying to amend this By-Law shall apply in writing to the Designated Officer,
demonstrating reasons in support of the application and requesting it be submitted to Council,
which must be accompanied by payment of the applicable fee prescribed by the RM of
Macdonald, as well as the applicable information specified in subsection 7.4.1(a).
7.6.2
Review of Zoning Amendment Applications
a) Upon receipt of an application for a zoning amendment, the Designated Officer shall forward the
application to Council for review, which has no obligation to give the application first reading if:
i. It is found to be without merit;
ii. It is inconsistent with the District Development Plan or applicable Secondary Plans; and/or,
iii. It is substantially similar to a previous application that was rejected within the last year.
b) If Council deems it appropriate to give the proposed amendment first reading, it shall be
reviewed and approved or rejected in accordance with the provisions of The Planning Act.
7.6.3
Conditions Attached to a Zoning Amendment
a) Council may, in accordance with the provisions of The Planning Act, require the owner of the
affected property to enter into a Development Agreement as a condition of approval.
7.7
SUBDIVISIONS
a) All subdivisions of a parcel of land, including splitting a parcel of land into two or more sites,
rearranging property boundaries, or consolidating multiple parcels of land, shall conform to the
regulations of the zoning district in which it is located, unless a variance order has been issued
in accordance with section 7.5 herein.
b) All subdivisions shall comply with the objectives and policies of the District Development Plan
and applicable Secondary Plans.
c) Applicants may, as a condition of approval for a subdivision, be required to enter into a
Development Agreement with the RM of Macdonald in accordance with The Planning Act.
RM OF MACDONALD ZONING BY-LAW
113
7.8
RESPONSIBILITIES OF COUNCIL
Pursuant to the provisions of The Planning Act, Council shall be responsible for:
a) The enactment of this By-Law.
b) Approving or rejecting applications to amend or repeal this By-Law.
c) Approving or rejecting conditional use order applications and considering revoking authorized
conditional use orders for violation of any conditions imposed by it.
d) Approving or rejecting variation order applications.
e) Holding public hearings related to proposed conditional uses, variance orders, zoning
amendments, or subdivisions.
f)
Appointing a Designated Officer.
7.9
RESPONSIBILITIES OF DESIGNATED OFFICER
The Designated Officer shall have the authority to:
a) Assist and advise members of the public with respect to the requirements of this By-Law.
b) Receive, review, and process completed applications for Development Permits, conditional
uses, variance orders, and Zoning By-Law Amendments.
c) Review each Development Permit application to determine whether it conforms to the District
Development Plan and applicable Secondary Plans, the applicable regulations of this By-Law,
and any other Municipal By-Laws, as well as the conditions of any caveat, covenant, site plan,
Development Agreement, variance or conditional use order, easement or any other instrument
affecting a building or land.
d) Refer a Development Permit application to any federal, provincial, or municipal department or
any other agency deemed appropriate to obtain comments on the application.
e) Issue Development Permits in accordance with this By-Law.
f)
Defer the issuance of a Development Permit until all fees prescribed by the RM of Macdonald
are paid.
g) Refuse to issue a Development Permit where:
i. The Development Permit application, or any information accompanying the Development
Permit application, is incorrect or incomplete.
ii. The proposed building, structure or use does not comply with this Zoning By-Law or any
other applicable Municipal By-Law, policy or regulation.
h) Revoke a Development Permit where the Development Permit was issued in error.
i)
Make a minor variance order, without the need for a public hearing, for any proposed
modification that varies:
RM OF MACDONALD ZONING BY-LAW
114
i. Any height, distance, area, size or intensity of use requirement in this By-Law by no more
than fifteen percent; and,
ii. The number of parking spaces required by this By-Law by no more than fifteen percent.
j)
Issue zoning memoranda or such other documents necessary for administering this By-Law.
k) Perform other such duties as prescribed elsewhere in this By-Law or as required by Council.
l)
Enter any buildings, structures, or premises at all reasonable hours, after giving sufficient notice
to the owner or occupier of the building, structure, or premise to be entered, in order to exercise
the powers of administration, inspection, remedy and enforcement provided in The Planning Act.
m) Notwithstanding clause (l) above, in an emergency or in extraordinary circumstances, the
Designated Officer need not give reasonable notice or enter at a reasonable time in order to
undertake inspection, remedy or enforcement activities referred to in this By-Law.
7.10
DUTIES OF THE OWNER
a) Every owner shall:
i. Permit the Designated Officer to enter any building, structure, or premises for the purpose of
administering or enforcing this By-Law at all reasonable times and must not obstruct or
interfere with the Designated Officer in the discharge of their duties under this By-Law;
ii. Provide such documentation as may be required by the Designated Officer and obtain their
approval before development continues to be carried out if, after the development
application has been approved and the Development Permit has been issued, changes are
to be made to the approved documents filed;
iii. Ensure the installation and ongoing maintenance of buildings, structures, signs, landscaping,
and other matters established in this By-Law, in addition to any conditions imposed by
Development Permits, conditional use or variance orders, Development Agreements, or
other such instruments intended to ensure compliance; and,
iv. Obtain permits and licenses from the appropriate authorities relating to the buildings, grades,
sewers and water supply systems, plumbing, blasting, signs, streets, occupancy, electrical,
highways, and any other permits required in connection with the proposed work.
b) Neither the granting of a Development Permit nor the approval of drawings and specifications or
inspections made by the Designated Officer shall in any way relieve the owner of the
responsibility of complying with the regulations of this By-Law or any other applicable Municipal
By-Law, policy or regulation.
RM OF MACDONALD ZONING BY-LAW
115
7.11
NON-CONFORMITIES
a) A lawfully existing non-conforming use, building, structure, or parcel of land shall be regulated in
accordance with the provisions of The Planning Act, unless otherwise provided for herein.
7.11.1 Continuance of Lawfully Existing Non-Conformities
a) Any building, structure, parcel of land, and use thereof that lawfully existed on the effective date
of this By-Law shall be deemed to be in compliance with the dimensional standards and use
requirements of the zoning district in which it is located and may continue to exist as such.
7.11.2 Non-Conforming Uses
a) A legal non-conforming use of a building, structure, or parcel of land may be continued, but if
that use is discontinued for a period of twelve consecutive months or more, any future use of the
parcel of land, building, or structure shall conform to the provisions of this By-Law.
b) The use of an existing non-conforming building, structure, or parcel of land shall only be
changed to a use that is permitted under this By-Law for the applicable zoning district.
c) The use of a building, structure, or parcel of land shall not be affected by change of ownership,
tenancy, or occupancy of the building, structure, or parcel of land, so long as the non-conformity
is not intensified.
d) A non-conforming use occupying a portion of a site shall not be extended or transferred in whole
or in part to any other portion of the site and no additional buildings shall be erected upon the
site while the non-conforming use continues.
7.11.3 Non-Conforming Parcels
a) A site area, site width, or yard reduced below the minimum requirements of this By-Law by
virtue of a public works, street, or public utility shall be deemed to be in conformance with this
By-Law.
b) An existing undersized site may be increased in area and/or frontage, so as to decrease its non-
conformity, while still remaining undersized with respect to the provisions of this By-Law.
c) A non-conforming parcel of land may be occupied by a building, structure, or use provided that:
i. The use is listed as a permitted or conditional use in the applicable zoning district;
ii. All dimensional standards comply with the applicable zoning district; and/or,
iii. Variance orders are obtained as needed to modify the requirements of this By-Law.
7.11.4 Non-Conforming Buildings and Structures
a) Repairs and/or incidental alterations may be made to non-conforming buildings and structures
subject to approval and issuance of a Development Permit, where required.
RM OF MACDONALD ZONING BY-LAW
116
b) A non-conforming building shall not be expanded, enlarged, or structurally altered, except in the
following circumstances:
i. Where the expansion, enlargement, or alteration is necessary to make it conform to the
dimensional standards of the zoning district in which it is located; or,
ii. The expansion, enlargement or alteration is necessary to bring the building into compliance
with Manitoba Building Code standards, as determined by the Designated Officer.
c) Where a building or structure that does not conform to the provisions of this By-Law or
amendments thereto is destroyed or damaged to an extent that is fifty percent or more of the
assessed value of the building or structure above its foundation, the building or structure shall
only be repaired or rebuilt in conformity with the provisions of this By-Law.
7.11.5 Non-Conforming Signs
a) Any lawfully existing sign that does not conform to one or more of the applicable regulations of
this By-Law, either on the effective date of this By-Law or any amendments thereto, shall be
deemed to be a permitted sign and shall be used as if it conformed to such regulations.
b) A change in the subject matter represented on a sign shall not constitute a change in use.
c) A non-conforming sign may be structurally altered or reconstructed in the same location and
position provided that such structural alteration or reconstruction does not result in:
i. The creation of a new non-conformity or an increase in the existing non-conformity;
ii. An increase in the sign surface area; or,
iii. An increase in the degree of illumination.
7.11.6 Variance Orders for Non-Conformities
a) Notwithstanding the provisions of this section, a non-conformity may be altered by way of
variation order issued by Council, as per The Planning Act.
b) A variance order shall not be required in such cases where a lawfully existing non-conforming
use, building, structure, sign, or parcel of land is being altered without causing the non-
conformity to increase, even though the resulting alteration does not fully comply with the
requirements of this By-Law.
7.11.7 Development Permits for Non-Conformities
a) In such cases where a Development Permit has been issued on or before the day on which this
By-Law comes into force, and the enactment of the By-Law would render the development for
which the permit was issued a non-conforming building, structure, use, sign, or parcel of land,
the permit shall remain in effect despite the enactment of this By-Law.
RM OF MACDONALD ZONING BY-LAW
117
7.12
PREVIOUS VIOLATIONS
a) Unless otherwise provided for herein, an existing building, structure, or use that was illegal
under the provisions of the previous Zoning By-Law in force on the effective date of this By-Law
and any amendments thereto shall not be made legal solely by the enactment of this By-Law.
7.13
REMEDIES AND PENALTIES
7.13.1 Offences
a) Any person who violates this By-Law, or an order, agreement, or condition of approval issued
under this By-Law, commits an offence.
7.13.2 Suspension or Revocation of Permits
a) The Designated Officer may suspend or revoke a Development Permit where:
i. The applicant fails to comply with conditions of issuance associated with the permit;
ii. Any person undertakes, causes, or permits any development or use on a site contrary to the
terms upon which the permit was issued, including the plans, specifications, and descriptions
provided with the application;
iii. The development has not commenced and reasonably been continued within six months
after issuance of the permit; and,
iv. The permit was issued in error or based on incorrect information.
b) Any person who undertakes, causes, or allows any development or use on a site without a
required permit or after a permit has been suspended or revoked shall discontinue such
development or use upon notice in writing by the Designated Officer, and shall not resume such
development or use unless a permit has been issued or reinstated.
7.13.3 Fines and Penalties
a) In addition to the measures for suspension and revocation outlined in subsection 7.13.2, fines
and penalties for offences shall be imposed as provided for in The Planning Act.
7.14
EFFECTIVE DATE
a) This By-Law shall be in full force and effect when it has received third reading from the Council
of the RM of Macdonald.
7.15
TRANSITION FROM PREVIOUS BY-LAW
a) Once enacted this By-Law repeals and replaces the RM of Macdonald Zoning By-Law (No.
5/18).
b) Where a development application has been submitted for any type of approval covered in this
By-Law, but final approval has not been granted prior to the effective date of this By-Law, the
RM OF MACDONALD ZONING BY-LAW
118
application shall be reviewed and considered in accordance with the provisions of the By-Law
that was in effect at the time the application was submitted to approving authorities.
c) Unless otherwise provided for herein, any Development Permit issued prior to the effective date
of this By-Law shall be considered valid for the purpose of this By-Law, provided the
development is in compliance with all the conditions under which the permit was issued.
RM OF MACDONALD ZONING BY-LAW
119
PART 8 ZONING MAPS
MAP 1 - OVERVIEW
MAP 2 - LA SALLE
MAP 3 - OAK BLUFF
MAP 4 - STARBUCK
MAP 5 - SANFORD
MAP 6 - DOMAIN
MAP 7 - BRUNKILD
MAP 8 - MCGILLIVRAY ENTERPRISE ZONE
MAP 9 - SPECIAL AREAS
RM OF MACDONALD ZONING BY-LAW
121
APPENDIX A CONSOLIDATED USE TABLE
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory
Use Only
AG
AL
AR
RR
RS
RG
RG-1
RG-2
RMH
RM
CMU
CH
CN
MG
MB
PR
I
GD
DR
Use-
Specific
Standard
Agricultural
Abattoir
C
C
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Agri-business
P
P
C
-
-
-
-
-
-
-
-
-
-
P
C
-
-
-
-
5.25
Agri-tourism
C
C
C
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
5.2
Agricultural Activities
P
P
P
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
P
Agricultural Crop Protection
Warehouse
P
P
-
-
-
-
-
-
-
-
-
C
-
C
-
-
-
-
-
5.25
Agricultural Implement Sales
and Service
P
P
C
-
-
-
-
-
-
-
-
C
-
C
C
-
-
C
-
Agricultural Product Storage
P
P
C
-
-
-
-
-
-
-
-
-
-
C
-
-
-
-
-
5.25
Agricultural Support Industry
P
P
C
-
-
-
-
-
-
-
-
C
-
C
-
-
-
C
-
Anhydrous Ammonia Facility
C
C
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Auction Establishment,
Livestock
C
C
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Cannabis Cultivation
C
C
-
-
-
-
-
-
-
-
-
-
-
C
C
-
-
-
-
Equestrian Establishment
C
C
C
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Farm Produce Outlet
P
P
P
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
C
Livestock Operation
C
C A
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
5.3
Residential Related Farm,
Major
P
C
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
5.4
Residential Related Farm,
Minor
P
P
C
C
-
-
-
-
-
-
-
-
-
-
-
-
-
-
C
5.4
Specialized Agriculture
P
P
P
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
C
Wildlife Rehabilitation Centre
C
C
C
-
-
-
-
-
-
-
-
-
-
-
-
C
-
-
-
A If proposed after the effective date of this By-Law Livestock Operations (10+ Animal Units) shall not be permitted.
Residential
Live-Work Unit
-
-
-
-
-
-
-
-
-
-
C
-
C
-
-
-
-
C
-
5.8
Mobile Home Dwelling
-
-
-
-
-
-
-
-
P
-
-
-
-
-
-
-
-
C
-
5.13
Non-Farm Rural Dwelling
C
C
C
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
C
5.5
Multiple-Unit Dwelling
-
-
-
-
-
C
C
C
-
P
C
-
-
-
-
-
-
C
-
Planned Unit Development
-
-
-
-
-
C
C
C
-
C
-
-
-
-
-
-
-
C
-
5.12
Town House
-
-
-
-
-
C
C
C
-
P
C
-
-
-
-
-
-
C
-
Single-Unit Dwelling
-
-
-
P
P
P
P
P
-
-
C
-
-
-
-
-
-
P
P B
Two-Unit Dwelling
-
-
-
-
-
C
C
C
-
P
C
-
-
-
-
-
-
P
-
B If proposed after the effective date of this By-Law, a Single-Unit Dwelling shall be considered a conditional use.
RM OF MACDONALD ZONING BY-LAW
122
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory
Use Only
AG
AL
AR
RR
RS
RG
RG-1
RG-2
RMH
RM
CMU
CH
CN
MG
MB
PR
I
GD
DR
Use-
Specific
Standard
Residential-Related
Bed and Breakfast
C
C
C
C
C
C
C
C
-
-
C
-
-
-
-
-
-
C
C
5.18
Home-Based Business
P
P
P
P
P
P
P
P
P
P
P
-
-
-
-
-
-
P
C
5.6
Home-Based Daycare
-
-
-
C
C
C
C
C
-
-
-
-
-
-
-
-
-
P
C
Home-Based Industry
C
C
C
C
C
-
-
-
-
-
-
-
-
-
-
-
-
C
C
5.7
Mobile Home Park
-
-
-
-
-
-
-
-
C
-
-
-
-
-
-
-
-
-
-
5.14
Secondary Suite, Detached
C
C
C
C
C
C
C
C
-
-
-
-
-
-
-
-
-
C
C
5.9
Secondary Suite, Attached
P
P
P
P
C
C
C
C
-
-
C
-
-
-
-
-
-
P*
P
5.10
Short-Term Rental
-
-
-
C
C
C
C
C
-
C
C
-
-
-
-
-
-
C
C
5.19
Group Living
Boarding House
-
-
-
C
C
C
C
C
-
-
-
-
-
-
-
-
-
C
-
Group Home, Major
-
-
-
-
-
C
C
C
-
P
-
-
-
-
-
-
C
C
-
Group Home, Minor
-
-
-
-
-
C
C
C
-
C
-
-
-
-
-
-
C
C
-
Residential Care Facility
-
-
-
-
-
C
C
C
-
C
-
-
-
-
-
-
C
C
-
Commercial
Aircraft Landing Field
C
C
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Animal Veterinary Services,
Domestic
P
P
C
-
-
-
-
-
-
-
C
-
-
C
P
-
-
C
-
Animal Veterinary Services,
Livestock
P
P
C
-
-
-
-
-
-
-
-
-
-
C
-
-
-
-
-
Auction Establishment, Indoor
-
-
-
-
-
-
-
-
-
-
P
P
-
P
P
-
-
P
-
Auction Establishment,
Outdoor
-
-
-
-
-
-
-
-
-
-
-
-
-
C
-
-
-
-
-
Autobody Services
-
-
-
-
-
-
-
-
-
-
C
C
-
C
C
-
-
C
-
Automotive Detailing Services
-
-
-
-
-
-
-
-
-
-
C
C
-
C
C
-
-
C
-
Automotive / Equipment
Repair Services
-
-
-
-
-
-
-
-
-
-
C
P
-
P
P
-
-
C
-
Automotive / Recreational
Vehicle Sales and Rentals
-
-
-
-
-
-
-
-
-
-
C
P
-
P
C
-
-
C
-
Business Support Services
-
-
-
-
-
-
-
-
-
-
P
P
C
-
-
-
-
P
-
Campground
C
C
C
-
-
-
-
-
-
-
-
C
-
-
-
-
-
-
-
Cannabis Retail Store
-
-
-
-
-
-
-
-
-
-
C
C
-
-
-
-
-
C
-
5.22
Car Wash
-
-
-
-
-
-
-
-
-
-
C
C
-
C
C
-
-
C
-
5.15
Catering Service
Establishment
-
-
-
-
-
-
-
-
-
-
P
P
-
P
P
-
-
C
-
Commercial Resort
-
-
-
-
-
-
-
-
-
-
-
C
-
-
-
-
-
-
-
Drive-Through Facility
-
-
-
-
-
-
-
-
-
-
C
P
-
P
P
-
-
C
-
5.15
Eating / Drinking
Establishment
-
-
-
-
-
-
-
-
-
-
P
P
C
P
P
P
P
C
-
5.17
RM OF MACDONALD ZONING BY-LAW
123
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory
Use Only
AG
AL
AR
RR
RS
RG
RG-1
RG-2
RMH
RM
CMU
CH
CN
MG
MB
PR
I
GD
DR
Use-
Specific
Standard
Equipment Sales / Rentals,
Light
-
-
-
-
-
-
-
-
-
-
C
P
-
P
P
-
-
C
-
Event Facility
-
-
-
-
-
-
-
-
-
-
C
P
-
-
-
-
-
C
-
Fuel Sales
-
-
-
-
-
-
-
-
-
-
C
P
-
P
C
-
-
C
-
5.16
Greenhouse / Plant Nursery
P
P
C
-
-
-
-
-
-
-
-
-
-
C
C
-
-
C
-
Hotel / Motel
-
-
-
-
-
-
-
-
-
-
C
P
-
-
-
-
-
C
-
Kennel
C
C
C
C
-
-
-
-
-
-
-
C
-
-
-
-
-
-
-
Market, Indoor
-
-
-
-
-
-
-
-
-
-
P
P
C
-
-
-
-
C
-
Mixed Commercial-
Residential Development
-
-
-
-
-
-
-
-
-
C
C
-
C
-
-
-
-
C
-
Parking, Non-Accessory
-
-
-
-
-
-
-
-
-
-
C
C
-
C
C
-
-
C
-
Pawnshop
-
-
-
-
-
-
-
-
-
-
-
C
-
-
-
-
-
C
-
Personal Services
-
-
-
-
-
-
-
-
-
-
P
P
P
-
-
-
-
P
-
Pet Grooming Establishment
-
-
-
-
-
-
-
-
-
-
P
P
C
-
P
-
-
P
-
Professional, Financial, and
Office Services
-
-
-
-
-
-
-
-
-
-
P
P
C
-
P
-
-
P
-
Rapid Vehicle Service
Establishment
-
-
-
-
-
-
-
-
-
-
-
P
-
C
C
-
-
C
-
5.15
Retail Store, Convenience
-
-
-
-
-
-
-
-
-
-
P
-
P
-
-
-
-
P
-
Retail Store, General
-
-
-
-
-
-
-
-
-
-
P
P
C
-
P
-
-
P
-
Self-Storage Facility
-
-
-
-
-
-
-
-
-
-
-
C
-
P
C
-
-
-
-
Service Station
-
-
-
-
-
-
-
-
-
-
-
P
-
P
P
-
-
C
-
5.16
Sign, Billboard Advertising
-
-
-
-
-
-
-
-
-
-
-
C
-
-
-
-
-
C
-
5.23
Solar Collector, Commercial
C*
C*
C*
-
-
-
-
-
-
-
-
C
-
C
C
-
C
C
-
5.20
Studio, Fitness / Wellness
-
-
-
-
-
-
-
-
-
-
P
-
C
-
P
-
-
C
-
Trucking Operation
-
-
-
-
-
-
-
-
-
-
-
C
-
P
C
-
-
-
-
Warehouse Sales Facility
-
-
-
-
-
-
-
-
-
-
-
P
-
P
C
-
-
C
-
Wind Energy Generating
System, Commercial
C*
C*
-
-
-
-
-
-
-
-
-
-
-
C
C
-
-
-
-
5.21
Industrial
Bulk Storage Facility
C
C
-
-
-
-
-
-
-
-
-
C
-
C
C
-
-
-
-
Cannabis Processing
C
C
-
-
-
-
-
-
-
-
-
-
-
C
C
-
-
-
-
Commercial Composting
Facility
-
-
-
-
-
-
-
-
-
-
-
-
-
C
-
-
-
-
-
Contractor Services
-
-
-
-
-
-
-
-
-
-
-
P
-
P
P
-
-
C
-
Data Centre / Server Farm
-
-
-
-
-
-
-
-
-
-
-
-
-
C
-
-
-
-
-
Equipment Sales / Rentals,
Heavy
-
-
-
-
-
-
-
-
-
-
-
P
-
P
C
-
-
-
-
Fleet Services
C
C
-
-
-
-
-
-
-
-
-
C
-
P
C
-
-
-
-
RM OF MACDONALD ZONING BY-LAW
124
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory
Use Only
AG
AL
AR
RR
RS
RG
RG-1
RG-2
RMH
RM
CMU
CH
CN
MG
MB
PR
I
GD
DR
Use-
Specific
Standard
Manufacturing Establishment,
Light
-
-
-
-
-
-
-
-
-
-
-
-
-
P
P
-
-
C
-
Manufacturing Establishment,
Heavy
-
-
-
-
-
-
-
-
-
-
-
-
-
C
-
-
-
-
-
Micro-Brewery / Distillery /
Winery
-
-
-
-
-
-
-
-
-
-
C
C
-
P
P
-
-
C
-
Salvage Operation / Yard
-
-
-
-
-
-
-
-
-
-
-
-
-
C
-
-
-
-
-
Transport Terminal / Freight
Yard
-
-
-
-
-
-
-
-
-
-
-
-
-
C
-
-
-
-
-
Warehouse Storage Facility
-
-
-
-
-
-
-
-
-
-
-
C
-
C
C
-
-
-
-
Cultural and Entertainment
Amusement / Entertainment
Establishment, Indoor
-
-
-
-
-
-
-
-
-
-
P
P
-
-
C
-
-
C
-
Amusement / Entertainment
Establishment, Outdoor
-
-
C
-
-
-
-
-
-
-
C
C
-
-
-
C
C
C
-
Casino / Gaming
Establishment
-
-
-
-
-
-
-
-
-
-
C
C
-
-
-
-
-
-
-
Library / Museum / Gallery
-
-
-
-
C
C
C
C
C
C
P
-
P
-
-
P
P
P
-
Private Club
-
-
-
-
-
-
-
-
-
-
C
C
-
-
-
-
-
C
-
Studio, Media
-
-
-
-
-
-
-
-
-
-
P
-
-
C
C
-
-
P
-
Studio, Performing Arts
-
-
-
-
-
-
-
-
-
-
P
-
C
-
-
-
-
C
-
Public and Institutional
Cemetery
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
C
C
-
Childcare Services
-
-
-
-
-
-
-
-
-
-
P
-
P
-
P
P
P
P
-
Community Centre
-
-
-
P
C
C
C
C
-
C
P
P
C
-
-
P
P
P
-
Community Garden
P
P
P
P
P
P
P
P
P
P
P
-
P
-
-
P
P
P
C
Education Support Services
-
-
-
-
-
-
-
-
-
-
P
-
P
-
-
-
-
P
-
Funeral Services
-
-
-
-
-
-
-
-
-
-
C
C
-
-
P
-
C
C
-
Health Services
-
-
-
-
-
-
-
-
-
-
P
P
C
-
P
-
P
C
-
Private Communications
Facility
C
C
C
C
-
-
-
-
-
-
-
-
-
-
-
-
-
-
C
Public Parks and Playgrounds
C
C
C
P
P
P
P
P
P
P
P
P
P
-
-
P
P
P
C
Recreation Facility, Indoor
-
-
-
-
-
-
-
-
-
-
C
C
-
-
C
P
P
C
-
Recreation Facility, Outdoor
-
-
-
-
-
-
-
-
-
-
C
C
-
-
-
P
P
C
-
Religious Assembly
-
-
-
-
C
C
C
C
-
C
C
C
C
-
-
-
P
C
-
Research Institution
-
-
C
-
-
-
-
-
-
-
-
C
-
C
C
-
C
C
-
School, Primary / Secondary
-
-
-
C
C
C
C
C
-
C
-
-
-
-
-
-
P
C
-
School, College / Trade
-
-
-
-
-
-
-
-
-
-
C
C
-
P
P
-
P
C
-
Social Service Centre
-
-
-
-
-
-
-
-
-
-
P
C
C
-
-
-
P
P
-
RM OF MACDONALD ZONING BY-LAW
125
Legend
P = Permitted
C = Conditional
- = Not Permitted
Underlined = Accessory
Use Only
AG
AL
AR
RR
RS
RG
RG-1
RG-2
RMH
RM
CMU
CH
CN
MG
MB
PR
I
GD
DR
Use-
Specific
Standard
Basic Service and Utility
Government Services
-
-
P
-
-
-
-
-
-
-
P
P
-
C
P
-
P
P
P
Hospital
-
-
-
-
-
-
-
-
-
-
C
C
-
-
-
-
P
C
-
Private Waste Management
Facility
C
C
C
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Protective / Emergency
Services
-
-
P
P
P
C
C
C
-
C
P
P
C
P
P
P
P
P
P
Public Utility Services
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Recycling Facility
-
-
-
-
-
-
-
-
-
-
-
-
-
C
C
-
-
-
-
Wayside Pits and Quarries
C
C
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
5.26
THE RURAL MUNICIPALITY OF MACDONALD
BY-LAW NO. 10/25
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF MACDONALD to regulate the use and
development of land and buildings within the Municipal limits of the Rural Municipality of Macdonald.
WHEREAS Section 68 of The Planning Act (the Act), provides that a Zoning By-Law must be enacted by the Council of the Municipality
of Macdonald that general conforms to the Development Plan in effect;
AND WHEREAS under Section 40(1) of The Planning Act, the Board of the Macdonald-Ritchot Planning District has, by By-Law,
adopted a Development Plan;
NOW THEREFORE, the Council of the Rural Municipality of Macdonald, in Council assembled, enacts the following;
1.
THAT the Rural Municipality of Macdonald By-Law No. 5/18, and any amendments thereto, are hereby rescinded.
2.
THAT the attached Zoning By-Law No. 10/25 is hereby adopted.
3.
THAT this By-Law shall be known as the Rural Municipality of Macdonald Zoning By- Law; and
4.
THAT this By-Law shall come into full force and effect on the date it receives third reading.
DONE AND PASSED by the Council of the Rural Municipality of Macdonald, in Council duly assembled, at Sanford, Manitoba this
26th day of August A.D., 2025.
THE RURAL MUNICIPALITY OF MACDONALD
"Original Signed by R. Morse"
Robert Morse
Deputy Reeve
"Original Signed by D. Hrehirchuk"
Daryl Hrehirchuk
Chief Administrative Officer
Read a First time this 24th day of June A.D., 2025
Read a Second time this 12th day of August A.D., 2025
Read a Third time this 26th day of August A.D., 2025