Rural Municipality of Montcalm Zoning By-law No. 809/19
Rural Municipality of Montcalm, Manitoba
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Rural Municipality of Montcalm Zoning
By-law No. 809/19
Prepared by Community Planning Branch
Municipal Relations
Morden Region
536 Stephen St., Unit A
Morden, MB R6M 1T7
HOW TO USE THIS ZONING BY-LAW
This Zoning By-law regulates the use, size, height and location of buildings on properties within the Rural Municipality
of Montcalm. The following is a simple four-step process to determine the uses and structures that are permitted
on a specific piece of property.
What zone is your property located in?
-
Use the Zoning Maps in Schedule A to determine the zoning for your property.
-
Reference Parts 5-10 for a description of the intent of that particular zone.
-
Look in the Development Plan that applies to your property to confirm to confirm your proposal fits with the
applicable policies in those documents.
What uses are permitted in your zone?
-
Find the Bulk Table for your zone [Parts 5-10].
-
Uses marked with the letter [P] are permitted uses and may be developed once you have received a
development permit.
-
Uses marked with the letter [C] are conditional uses that may or may not be acceptable in a zone depending on
the particular circumstances of a proposed development. Conditional uses require a public hearing process and
may have extra conditions imposed on the use to make it acceptable for the location.
-
Uses marked with a [*] have use specific requirements that are provided in Part 11: Use Specific
Standards.
How and where can you develop properties in your zone?
-
Find the Bulk Table for your zone [Part 5-10].
-
The Bulk Table provides information on allowable height of buildings and structures, required yards, and other
spatial requirements for a property.
-
To understand the specific details of these requirements, you may need to reference the General Rules and
Regulations [Part 3] and Definitions [Part 2].
What kind of permits do you need?
-
In most cases, you will need a development permit before you start any change in land use or any development
(including construction of a building) on a property.
-
Check the Administration section [Part 1] to see if your planned development is exempt from needing a
development permit. If so, you may proceed with development, as long as it meets the other requirements in
this Zoning By-law and other applicable By-laws.
-
If you need a development permit, fill out a Development Permit application.
-
You are responsible for finding out if any other provincial or federal regulations apply to your development, as
well as any other required local permits, including a building permits [and plumbing, electrical, demolition
permits etc.].
Table of Contents
PART 1: ADMINISTRATION .................................................................................. 1
1.1
Title ............................................................................................................................................... 1
1.2
Scope ............................................................................................................................................. 1
1.3
Application .................................................................................................................................... 1
1.4
Use and Development of Land and Buildings Must Comply ......................................................... 1
1.5
Restrictions in Other By-Laws or Federal and Provincial Laws ..................................................... 1
1.6
Does Not Promote Nuisance or Create a Hazzard ........................................................................ 1
1.7
Administration and Enforcement ................................................................................................. 1
1.8
Development Permits and Other Permits ..................................................................................... 2
1.9
When Development Permits are Required ................................................................................... 2
1.10
When Development Permits are Not Required ............................................................................ 2
1.11
Application for Development Permits .......................................................................................... 2
1.12
Existing Development Permits ...................................................................................................... 3
1.13
Development Permit Expiry .......................................................................................................... 3
1.14
The Development Officer .............................................................................................................. 3
1.15
Responsibilities of Council ............................................................................................................. 3
1.16
Application for Amendments, Variances and Conditional Uses .................................................... 4
1.17
Expiry of Approval ......................................................................................................................... 4
1.18
Subdivisions ................................................................................................................................... 4
1.19
Development Agreement .............................................................................................................. 4
1.20
Duties of the Owner ...................................................................................................................... 5
1.21
Existing Uses, Buildings and Structures ......................................................................................... 5
1.22
Previous Violations ........................................................................................................................ 5
1.23
Site Reduced .................................................................................................................................. 5
1.24
Non-Conformities .......................................................................................................................... 5
1.25
Public Works and Services ............................................................................................................. 6
1.26
Connecting to Municipal Services ................................................................................................. 7
1.27
Rules of Construction .................................................................................................................... 7
1.28
Interpretation ................................................................................................................................ 7
PART 2: DEFINITIONS ........................................................................................ 10
PART 3: GENERAL RULES AND REGULATIONS .................................................... 33
3.1
Regulation of Uses ...................................................................................................................... 33
3.2
Multiple Uses or Provisions ........................................................................................................ 33
3.3
Accessory Buildings and Structures ............................................................................................ 33
3.4
Area and Yard Requirements ...................................................................................................... 34
3.5
Setback Standards ....................................................................................................................... 35
3.6
Projections into Required Yards (Principal Buildings Only) ........................................................ 35
3.7
Air Conditioning Units, Pool Equipment and Compressors ........................................................ 35
3.8
Height Exceptions ....................................................................................................................... 36
3.9
Future Road Allowance Deemed Existing ................................................................................... 36
3.10
Road Access................................................................................................................................. 36
3.11
Demolition and Removal of Buildings or Structures ................................................................... 36
3.12
Temporary Buildings and Uses .................................................................................................... 36
3.13
Outdoor Lighting ......................................................................................................................... 37
3.14
Landscaping ................................................................................................................................. 37
3.15
Public Reserve Land .................................................................................................................... 38
3.16
Riparian and Wetland Areas ....................................................................................................... 38
3.17
Exceptions to Riparian Setbacks ................................................................................................. 38
3.18
Hazard Lands ............................................................................................................................... 38
3.19
Slope and Soil Information Requirements .................................................................................. 38
3.20
Flood Risk Areas .......................................................................................................................... 39
3.21
Development Near Waste Disposal Grounds and Sewage Lagoons ........................................... 39
3.22
Development Near Railways ....................................................................................................... 39
3.23
Development near the Provincial Highway System .................................................................... 40
3.24
Parking ........................................................................................................................................ 40
3.25
Accessible Parking Spaces ........................................................................................................... 43
3.26
Loading Space Requirements ...................................................................................................... 44
3.27
Parking Area Entrances / Exits for Automobile Service Stations, Public Parking
Areas, and Vehicle Sales.............................................................................................................. 44
3.28
Fences - Residential Uses ........................................................................................................... 45
3.29
Fences - Non Residential Uses ................................................................................................... 45
PART 4: ZONING DISTRICTS ............................................................................... 46
4.1
Districts Established .................................................................................................................... 46
4.2
Zoning Boundaries ...................................................................................................................... 46
4.3
Permitted and Conditional Uses ................................................................................................. 46
4.4
Bulk Regulations .......................................................................................................................... 46
4.5
Use-Specific Standards ................................................................................................................ 47
PART 5: AGRICULTURAL ZONES ......................................................................... 48
5.1
Agricultural Zones ....................................................................................................................... 48
5.2
General Provisions ...................................................................................................................... 48
5.3
Permitted Accessory Uses ........................................................................................................... 48
5.4
Livestock Operations ................................................................................................................... 51
5.4.1
Separation Distances for New Operations .................................................................................. 53
5.4.2
Separation Distances for Expanding Operations ........................................................................ 53
PART 6: RESIDENTIAL ZONES ............................................................................. 56
6.1
Residential Zones ........................................................................................................................ 56
6.2
General Provisions for Residential Zones ................................................................................... 56
6.3
Minimum Dwelling Size ............................................................................................................... 56
6.4
Exceptions for Residential Zones (RG) ........................................................................................ 56
6.5
Permitted Accessory Uses ........................................................................................................... 56
PART 7: COMMERCIAL ZONES ........................................................................... 59
7.1
Commercial Zones ....................................................................................................................... 59
7.2
General Provisions for Commercial Zones .................................................................................. 59
7.3
Permitted Accessory Uses ........................................................................................................... 59
PART 8: INDUSTRIAL ZONES .............................................................................. 62
8.1
Industrial Zones ........................................................................................................................... 62
8.2
General Provisions for Industrial Zones ...................................................................................... 62
8.3
Permitted Accessory Uses ........................................................................................................... 62
PART 9: PARKS AND RECREATION AND INSTITUTIONAL ZONES ......................... 64
9.1
Parks and Recreation and Institutional Zones ............................................................................ 64
9.2
General Provisions ...................................................................................................................... 64
9.3
Permitted Accessory Uses ........................................................................................................... 64
PART 10: GENERAL DEVELOPMENT ZONES ........................................................ 66
10.1
General Development Zones ...................................................................................................... 66
10.2
General Provisions ...................................................................................................................... 66
10.3
Permitted Accessory Uses ........................................................................................................... 66
PART 11: USE-SPECIFIC STANDARDS .................................................................. 68
Home Industries .......................................................................................................................... 68
Home-Based Businesses ............................................................................................................. 68
11.3
Bed and Breakfast Facilities ........................................................................................................ 69
11.4
Secondary Suites ......................................................................................................................... 70
11.5
Temporary Additional Dwellings ................................................................................................. 70
11.6
Portable Garages ......................................................................................................................... 71
Shipping Containers .................................................................................................................... 71
11.8
Swimming Pools and Hot Tubs .................................................................................................... 72
11.9
Hobby Farms ............................................................................................................................... 72
11.10
Wind Energy Generating Systems (WEGS).................................................................................. 73
11.11
Industrial Performance Standards .............................................................................................. 74
11.12
Anhydrous Ammonia Facilities ................................................................................................... 74
11.13
Dangerous Goods or Agrichemical Storage Facility .................................................................... 75
PART 12: SIGNAGE REGULATIONS ..................................................................... 76
12.1
Sign Definitions ........................................................................................................................... 76
12.2
General Sign Regulations ............................................................................................................ 78
SCHEDULE A: ZONING MAPS ............................................................................. 82
Map 1
Rural Municipality of Montcalm
Map 2
St. Jean Baptiste
Map 3
Letellier
Map 4
St. Joseph
1
PART 1: ADMINISTRATION
1.1
Title
This By-law shall be known as The Rural Municipality (R.M.) of Montcalm Zoning By-Law.
1.2
Scope
This By-law applies to all lands in the R.M. of Montcalm as indicated on the Zoning Map
in Appendix A of this By-law.
1.3
Application
This By-law regulates:
a) The construction, erection, alteration, enlargement or placing of buildings and
structures;
b) The establishment, alteration, or enlargement of uses of land, buildings and
structures; and
c) All other forms of development not included above.
1.4
Use and Development of Land and Buildings Must Comply
Within the Rural Municipality of Montcalm, no land, building or structure shall be used or
occupied, and no building or structure shall be constructed, erected, altered, enlarged or
placed, except in accordance with this By-law.
1.5
Restrictions in Other By-Laws or Federal and Provincial Laws
Whenever a provision of another By-law or a law or regulation of the provincial or federal
government contains a restriction governing the same subject matter contained in this
By-law, or imposes inconsistent regulations with respect to uses, buildings, or structures,
the most restrictive or highest standard shall prevail.
The R.M. of Montcalm may require proof of compliance with federal or provincial
regulations prior to issuance of the applicable permit or certificate.
1.6
Does Not Promote Nuisance or Create a Hazzard
Nothing in this By-law, or in a development permit, approval of a conditional use, variance
order or other approval issued under this By-law shall be construed as authorization for
the carrying out of any activity which is a nuisance due to noise, odour, emission, vibration
or other cause.
1.7
Administration and Enforcement
In the administration and enforcement of this By-law, the R.M. of Montcalm shall have all
of the powers of inspection, remedy and enforcement provided under The Planning Act
(the Act).
2
1.8
Development Permits and Other Permits
The issuance of a development permit in respect of a building or structure does not affect
the obligation to obtain a building permit or other permit where required under the
building By-law, or another law, By-law or regulation, for such a building or structure.
No person shall use or occupy any land, building or structure, or erect, construct,
enlarge, alter or place any building or structure, except in accordance with an approved
development permit (where required), and with this By-law.
1.9
When Development Permits are Required
Except as otherwise provided for in this By-law, a development permit is required for
any of the following:
a) The erection, construction, enlargement, structural alteration or placing of a
building or structure, either permanent or temporary;
b) The establishment of a use of land or a building or structure;
c) The relocation or removal or demolition of any buildings or structures;
d) The change of a use of land or a building or structure; and
e) The alteration or enlargement of an approved conditional use.
1.10
When Development Permits are Not Required
A development permit is not required for the following:
a) Regular maintenance and repair of any development, provided it does not include
structural alterations; and
b) The erection, construction, enlargement, structural alteration or placing of
structures not requiring a permit as per the R.M. of Montcalm Building By-law.
Despite not requiring a development permit, all items in (b) shall be subject to the
requirements of this By-law, including yard requirements, and of any government
department, including the highway controlled areas adjacent to provincial trunk
highways and provincial roads.
1.11
Application for Development Permits
An application for a development permit:
a) Shall be made by the owner or owners of the parcel in question, or by a person
authorized in writing by them.
b) Shall be accompanied by plans drawn to scale showing the following:
i. the shape and dimensions of the site to be used or built on;
ii. the location and dimensions of existing buildings, structures, wells and
onsite wastewater management systems and their distances from site
boundaries;
iii. the location and dimensions of any proposed building, well, onsite
wastewater management system, structure, enlargement or alteration,
including separation distances from site boundaries;
iv. the use or uses of each existing and proposed building and structure, or
of the land, and the area to be occupied by each use;
3
v. vehicular access and utility connections; and
vi. any other information required by the Development Officer to determine
compliance with, and to provide enforcement of, this By-law.
c) Shall be accompanied by the fee prescribed by the R.M. of Montcalm.
1.12
Existing Development Permits
Unless otherwise provided for herein, development permits issued prior to the effective
date of this By-law shall be considered valid for the purpose of this By-law provided all
the conditions under which the permit was issued are complied with.
1.13
Development Permit Expiry
A development permit shall expire and the right of an owner under that permit shall
terminate if the work authorized by the permit is not commenced within six (6) months
from the date of issuance of the permit, or within any extensions in writing of that time
period granted by the Development Officer, and is not reasonably continued without
interruption after the end of such period.
1.14
The Development Officer
The R.M. of Montcalm Council has appointed the Chief Administrative Officer (CAO) as
the Development Officer, who on behalf of the R.M. of Montcalm may:
a) issue development permits and exercise the powers of administration, inspection,
remedy and enforcement provided in Part 12 of The Planning Act.
b) refuse to issue a development permit where:
i.
the development permit application, or any information accompanying
the development permit application, is incorrect or incomplete; or
ii.
the proposed building, structure or use does not, to the Development
Officer's knowledge, comply with the R.M. of Montcalm Development
Plan, this Zoning By-law, the Building By-law or with any other law.
c) revoke a development permit where the development permit was issued in error
in accordance with The Planning Act.
d) receive and process applications for amendments to this By-law, conditional use
orders and variances.
e) issue zoning memoranda, certificates of non-conformity, and any other documents
as may be necessary for the administration and enforcement of this By-law.
f) make a minor variance order, without the need for a public hearing, for any
proposed change that varies:
i. any height, distance, size or intensity of use requirement in the Zoning
By-law by no more than 15%; or
ii. the number of parking spaces required by the Zoning By-law by no more
than 15%.
1.15
Responsibilities of Council
Subject to the provisions of the Act, the Council is responsible for:
4
a) considering the adoption or rejection of proposed amendments or the repeal of
this By-law;
b) acting as a Variance Board;
c) considering the approval or rejection of conditional use applications; and for
revoking an authorized conditional use for violation of any additional conditions
imposed by it; and
d) establishing a schedule of fees.
1.16
Application for Amendments, Variances and Conditional Uses
An application for a variance, conditional use, or an amendment to this By-law shall:
a) be accompanied by plans drawn to scale showing the following:
i. the shape and dimensions of the parcel to be used or built on;
ii. the location and dimensions of existing buildings and structures;
iii. the location and dimensions of the proposed building, structure,
enlargement or alteration;
iv. the location and dimensions of any existing or proposed well and/or
onsite wastewater management system;
v. the use or uses of each existing and proposed building and structure, or
of the land, and the area to be occupied by each use;
b) be accompanied by a fee prescribed by the R.M. of Montcalm; and
c) be processed and approved or rejected in accordance with the provisions of the
Act.
1.17
Expiry of Approval
The approval of Council of a variance or conditional use shall expire and cease to have
any effect if it is not acted upon within twelve (12) months of the date of decision,
unless it is renewed prior to the expiry date at the discretion of Council for an additional
period of twelve (12) months.
1.18
Subdivisions
Approval of a subdivision of land is subject to the provisions contained in The Planning
Act and to the policies contained within the R.M. of Montcalm Development Plan and
amendments thereto. Parcels or lots resulting from said subdivision must conform to
the site area and site width requirements of the zone in which they are located as
established herein.
Notwithstanding the fact that a parcel of land may exceed the minimum site area and
site width requirements, the Council is not, in any manner, obligated to approve a
subdivision of said parcel.
1.19
Development Agreement
Where an application is made for a subdivision, variance, conditional use or amendment
to this By-law, the Council may require the owner to enter into a development
agreement in accordance with the Act.
5
1.20
Duties of the Owner
Subject to the provisions of The Planning Act, the Owner is responsible for:
a) The preparation of all application forms and drawings which are required to be
submitted to the Development Officer in accordance with the provisions of this
By-law and The Planning Act;
b) Obtaining all necessary permits and approvals which may be required by the
Board, Council or any agencies or departments of the provincial or federal
governments, prior to the commencement of construction, or the change of use of
any land, building or structure;
c) Ensuring that all work is completed in accordance with the approved application
and development permit;
d) Obtaining the written approval of the Development Officer before doing any work
at variance with the approved development permit; and
e) Permitting the Development Officer to enter any premises at any reasonable time
for the purpose of administering or enforcing this By-law, and shall not molest,
obstruct, or interfere with the Development Officer in the discharge of his/her
duties under this By-law.
1.21
Existing Uses, Buildings and Structures
An existing use, building or structure which is classified as a permitted use, building or
structure in this By-law shall be allowed to continue to exist, and may be enlarged or
expanded, may be changed to another permitted use, or may be replaced if destroyed.
1.22
Previous Violations
Unless otherwise provided for herein, an existing building, structure or use that was
illegal under the provisions of any planning scheme or Zoning By-law in force on the
effective date of this By-law and amendments thereto shall not become or be made
legal solely by reason of the adoption of this By-law; and to the extent that, and in any
manner that, said illegal building, structure or use is in conflict with the requirements of
this By-law, said building, structure or use shall remain illegal hereunder.
1.23
Site Reduced
An existing site area or site width or required yard reduced below the minimum
requirements of this By-law by virtue of a public works or street shall be deemed to
conform to the requirements of this By-law.
1.24
Non-Conformities
1) Provisions of the Act
Non-conforming uses, building and structures shall be regulation in accordance with and
subject to the provisions of The Act, unless provided for herein.
2) Existing Non-Conforming Buildings
All buildings and structures existing at the effective date of the adoption of this Zoning
By-law are deemed to conform to the site requirements and parking loading
6
requirements of the zoning district in which the buildings and structures are situated.
Any expansion, addition, relocation or reconstruction of the said buildings and
structures shall conform to the site requirements and parking and loading requirements
of the zoning district in which they are located unless varied by a variation order.
a) Pursuant to The Act, a structural alteration may be made to a non-conforming
building or structure, provided that the said structural alteration conforms to the
requirements of this By-law, or that such requirements are varied by a variation
order.
b) Pursuant to The Act, where a building or structure is damaged or destroyed more
than fifty (50%) percent of its replacement value above its foundation, the said
building or structure shall not be repaired or rebuilt, except in conformance with
this By-law or its amendments, or where such requirements are varied by a
variation order.
3) Existing Non-Conforming Parcel of Land
No building or structure may be erected on a non-conforming parcel of land unless:
a) The required yards are provided as set forth in the Site Requirement Table of the
zone in which the parcel of land is located; or
b) A variation order for such yard requirements is granted.
4) A Non-Conforming Sign
A non-conforming sign shall be subject to all the provisions of this part relating to non-
conformity, except as provided hereafter:
a) A change in the subject matter represented on a sign shall not be considered a
change of use; and
b) A non-conforming sign may be structurally altered, reconstructed, or replaced in the
same location and position provided that such structural alteration, reconstruction,
or replacement does not result in:
i. The creation of a new non-conformity or increase in the degree of non-
conformity; or
ii. An increase in the sign surface area; or
iii. An increase in the degree of illumination
5) Existing Non-Conforming Parcel of Land
Any fees shall be paid to the Development Officer for the issuance of a certificate of
non-conformity as provided in The Act.
1.25
Public Works and Services
Nothing in this By-law shall be so interpreted as to interfere with the construction,
maintenance and operation of the facilities of any public utility, as defined by this
By-law, or public service such as police and fire protection, provided that the
requirements of such public utility or public service is of a standard compatible with the
adjacent area as determined by the Development Officer and/or Council, and that any
7
building or structure erected in any zone complies with the yard and area requirements
applicable to the zone.
Nothing in this By-law shall be so interpreted as to interfere with the maintenance or
erection of monuments, statuary, and similar structures.
1.26
Connecting to Municipal Services
All new principal buildings constructed on a site served by public sewer, water or hydro
distribution must be connected to such services unless the specific use of such building
does not require such services.
1.27
Rules of Construction
The following rules of construction apply to the text of this By-law:
a) Words, phrases and terms are as defined within this By-law.
b) Words, phrases and terms not defined within this By-law shall be as defined in The
Planning Act, The Municipal Act, The Buildings and Mobile Homes Act, The Manitoba
Building Code, the Building or Plumbing By-laws of the Rural Municipality of
Montcalm and other appropriate provincial acts and regulations.
c) Words, phrases and terms neither defined in this By-law nor in an applicable
Building or Plumbing By-law or other appropriate provincial acts and regulations
shall be given their usual and customary meaning except where Council determines
the context clearly indicates a different meaning.
d) Unless the context clearly indicates the contrary, where a regulation involves two or
more items, conditions, provisions or events connected by the conjunction "and,"
"or" or "either-or," the conjunction shall be interpreted as follows:
i. "and" indicates that all the connected items, conditions, provisions or
events shall apply in any combination;
ii. "or" indicates that the connected items, conditions, provisions or
events may apply singly but not in combination; and
iii. "either-or" indicates that the connected items, conditions, provisions
or events shall apply singly but not in combination.
e) The word "includes" or "including" shall not limit a term to the specified examples,
but is intended to extend the meaning to all instances or circumstances of like kind
or character.
f) The phrases "used for" includes "arranged for," "designed for," "maintained for" or
"occupied for."
1.28
Interpretation
In their interpretation and application, the provisions of this Part and the provisions of
all zones established herein shall be held to be the minimum requirements to satisfy the
intent and purposes set forth in each zone.
The general provisions applying to all zones are contained within Part 1: Administration,
Part 2: Definitions, Part 3: General Rules and Regulations, and the Zoning Maps.
8
Drawings and illustrations form part of this By-law and are provided to assist in
interpreting and understanding the By-law. Where any conflict or inconsistency arises
between a drawing or illustration and the text of the By-law, the text shall govern.
Tables form part of this By-law and provide regulatory standards, either to supplement
the text or in place of text. Table headings, including column headings, row headings,
and groupings of columns and rows, form part of this By-law and have legal effect. Table
notes, located within the tables, indicate special situations that affect the application of
standards to specific zoning districts and are also part of this By-law. Where any conflict
or inconsistency arises between a table and the text of the By-law, the text shall govern.
The provisions of this By-law shall be interpreted to be the minimum regulations except
where the abbreviation for, or word, maximum is used, in which case the maximum
regulation shall apply.
In the interpretation of the boundaries of the zones as shown on the Zoning Maps, the
following rules shall apply:
a) Heavy lines represent zone boundaries. Where the zone boundary is broken by
the name of a street it shall be construed that the boundary continues through the
name of the street.
b) Notwithstanding that streets, lanes, and public utility rights-of-way may be within
the zone boundaries, the regulations contained in this By-law shall not be deemed
to be applicable to said streets, lanes and public utility rights-of-way.
c) Boundaries indicated as following the centrelines of streets, highways or lanes
shall be construed as following such centrelines.
d) Boundaries indicated as following lot, site or property holding lines on a registered
plan shall be construed as following such lot, site or property holding lines.
e) Boundaries indicated as following the limits of an incorporated municipality shall
be construed as following the limits of said municipality.
f) Boundaries indicated as following the centrelines of railway lines or railway
rights-of-way or public utility rights-of-way shall be construed to be midway
between the main tracks or the centre of the rights-of-way, as the case may be.
g) If a street, lane or Government Road Allowance shown on the Zoning Map is
lawfully closed, the land formerly comprising the street or lane or government
road allowance shall be included within the zone of the adjoining land; however, if
the said street or lane or government road allowance was a zoning boundary
between two or more different zones, the new zoning boundary shall be the
former centreline of the closed street or lane or government road allowance,
except where the closed road is being transferred to an adjoining owner, in which
case the boundary shall follow the limit of the consolidated property.
h) Where the zoning of a single site or lot is split into more than one zoning district,
each portion of the site or lot shall be developed and used in accordance with the
provisions of the applicable zoning district.
9
i) All plan references on the Zoning Maps pertain to registered plans filed in the
Winnipeg Land Titles Office.
j) The abbreviations noted within the text or on the Zoning Maps mean the
following:
i.
"Blk." means Block;
ii.
"Gov't Rd. All'ce" means Government Road Allowance;
iii.
"Pcl." means Parcel;
iv.
"Pt." means Part;
v.
"Rge." means Range;
vi.
"R.M." means Rural Municipality;
vii.
"Sec." means Section;
viii.
"Twp." means Township;
ix.
"E.P.M." or "E" means East of the Principal Meridian;
x.
"P.R." means Provincial Road;
xi.
"P.T.H." means Provincial Trunk Highway;
xii.
"dist." means distance;
xiii.
"incl." means including;
xiv.
"max" means maximum;
xv.
"min" means minimum;
xvi.
"sq.ft." means square feet;
xvii.
"in" means inches when following a number;
xviii.
"sq.m." means square metres; and
xix.
"lin.ft." means linear feet.
10
PART 2: DEFINITIONS
Abut or abutting means immediately continuous to or physically touching, and when used with
respect to a lot or site, means that the lot or site physically touches upon another lot, site, or
piece of land, and shares a property line or boundary with it.
Accessibility means the ability of persons with mobility issues to enter and use facilities without
having to avoid significant obstacles that are not inherent in the design of the facility.
Accessory building or structure means a detached building or structure, which is subordinate
to or incidental to the principal building, structure or use on the same site.
Accessory use means a use incidental to, subordinate to and exclusively devoted to the
principal use and which operates together with the principal use on the same site.
Act, The means The Planning Act, being Chapter P80 of the Continuing Consolidation of the
Statutes of Manitoba and amendments thereto.
Aggregate means a quarry mineral that is used solely for construction purposes or as a
constituent of concrete other than in the manufacture of cement and includes sand, gravel,
clay, crushed stone and crushed rock.
Aggregate Extraction Operation means a zoning site, including accessory buildings and
structures, used for the removal, refinement and/or processing of sand, gravel, stone or other
aggregate resources, and may include borrow pits, gravel pits and stone quarries, but does not
include an asphalt plant or a concrete plant.
Agricultural Implement Sales, Rental and Service means a building and open area, used for
display, sale or rental of new or used farm implements and where incidental repair work minor
is done.
Agricultural Operation means an agricultural, horticultural or silvicultural operation that is
conducted in order to produce agricultural products on a commercial basis, and includes:
(a) the production of crops, including grains, oil seeds, hay and forages, and
horticultural crops, including vegetables, fruit, mushrooms, sod, trees, shrubs
and greenhouse crops;
(b) the use of land for livestock operations and grazing;
(c) the production of eggs, milk and honey;
(d) the raising of game animals, fur-bearing animals, game birds, bees and fish;
(e) the processing necessary to prepare an agricultural product for distribution
from the farm gate;
(f) the operation of agricultural machinery and equipment, including the tillage of
land and the application of fertilizers, manure, soil amendments and pesticides,
whether by ground or aerial application; and
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(g) the storage, use or disposal of organic wastes for agricultural purposes.
Agricultural Processing Facility means one or more facilities or operations that transform,
package, sort or grade livestock or livestock products, agricultural commodities, or plant or
plant products, excluding forest products, into goods that are used for intermediate or final
consumption, including goods for non-food use.
Agricultural Producer means a person who produces and markets an agricultural product.
Agro-Industrial Business means an establishment that provides goods or services to the
agricultural sector, including (but not limited to) anhydrous ammonia sales, fertilizer sales and
services establishments, farm equipment and machinery report shops, feed operations,
livestock auction marts, and commercial seed cleaning plants.
Aircraft Landing Strip means any area of land or water, which is used or intended for use for
the landing or taking off of aircraft and any appurtenant areas which are used or intended for
use of aircraft landing strips or rights-of-way, including taxiways, aircraft storage and tie-down
areas, hangars and other related buildings and open spaces. Aircraft landing strips may be
subject to Transport Canada regulations including, but not limited to, the Aeronautics Act and
the Canadian Aviation Regulations.
Alter or Alteration means a change or modification to an existing building, structure or use
which unless otherwise provided for herein, does not increase the exterior dimensions with
respect to height and area.
Anhydrous Ammonia Facility means an area for the storage of anhydrous ammonia that is
commonly used as fertilizer.
Animal Confinement Facility means a barn or an outdoor area where livestock are confined by
fences or other structures, and includes a seasonal feeding area but does not include a feedlot
or grazing area.
Animal Shelter and Veterinary Service means a development used for the care and treatment
of small animals where the veterinary services primarily involve out-patient care and minor
medical procedures. All animals shall be kept in an enclosed building. This use class includes pet
clinics and veterinary offices.
Animal Unit (AU) means the number of animals of a particular category of livestock that will
excrete 73 kilograms of total nitrogen in a 12 month period.
Asphalt Plant means a plant where aggregate materials and asphalt are heated and mixed to
produce a paving mix and includes stockpiling and storage of bulk materials used in the process.
Auctioneering Establishment means a development specifically intended for the auctioning of
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goods and equipment, including the temporary storage of such goods and equipment. This use
class does not include flea markets or livestock auction marts.
Automobile Body Shop means a building wherein the repair and painting of automobiles takes
place.
Automobile Service Station means a building or portion thereof and land used for the servicing,
washing and repairing of vehicles; and the sale of gasoline, other petroleum products and a
limited range of vehicle parts and accessories. Service Stations may include Eating and Drinking
Establishments. Typical uses include car washes, truck stops and highway service stations.
Automobile, Recreational Vehicles or Farm Implement Sales/Rentals means an open area,
used for the display, sale or rental of new or used automobiles, trailers, recreation vehicles or
farm implements, and where repairs are made they shall be done within a completely enclosed
building, except minor incidental repairs for automobiles or trailers to be displayed, sold or
rented on the premises.
Awning, Canopy or Marquee means any roof-like structure providing shelter or shade over an
entranceway or window.
Basement or Cellar means a portion of a building between a floor and a ceiling that is located
partly underground.
Bed and Breakfast means a home-based business operated within a principal dwelling where
sleeping accommodation with or without light meals is provided to members of the travelling
public for remuneration.
Blank Walls means exterior walls containing no windows, doors or other similar openings.
Buffer means an area of land that is intended to provide a means of separating two types of
development that are generally incompatible. Typically, buffers consist of tree-planted areas
which provide a visual barrier between two types of development, and which serve as a
measure of controlling the movement of other nuisances, such as dust.
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, Principal means a structure on a zoning site used to accommodate the main use.
Bulk Storage means the storage of chemicals, petroleum products or other flammable liquids in
above-ground containers for subsequent resale to distributors or retail dealers or outlets.
Business Support Service means a development used to provide support services to businesses
which are characterized by one or more of the following features: the use of mechanical
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equipment for printing, duplicating, binding or photographic processing; the provision of office
maintenance or custodial services; the provision of office security; and the sale, rental, repair or
servicing of office equipment, furniture, computers, cellular phones, and machines. Typical Uses
include printing establishments, film processing establishments, janitorial firms and office
equipment sales and repair establishments.
Cannabis means cannabis as defined in the Cannabis Act (Canada).
Cannabis Manufacturing refers to a land use undertaken by person(s) and/or a corporate entity
who holds a cannabis distributor licence issued under the Liquor, Gaming and Cannabis Control
Act (Manitoba).
Cannabis Retail Establishment means the premises specified in a retail cannabis licence where
the retail sale of cannabis is authorized.
Cannabis Cultivation means the large-scale growing of cannabis plants and harvesting material
from those plants, as well as associated activities including development of nursery stock (seed
and seedlings).
Cannabis Processing means the large-scale manufacturing, packaging and labelling of cannabis
products destined for sale to consumers, and the intra-industry sale of these products, including
to provincially/territorially authorized distributors, as well as associated activities.
Camping and Tenting Grounds means a parcel of land planned and improved to accommodate
travel trailers, camping trailers, pick-up coaches, motorized homes, tents, tent trailers or other
camping accommodations used for travel, recreational and vacation uses on a temporary basis.
Carport means an attached building open on two sides for the shelter of privately owned
automobiles.
Cemetery means land used or intended to be used for the burial of the dead, and may include
columbaria, crematoria, mausoleums and mortuaries, when operated in conjunction with and
within the boundaries of such cemetery.
Child Care Service means the provision of care for remuneration or reward to a child apart from
his or her parents or guardians for a period in any one day not exceeding fourteen (14) hours.
This use includes an unlicensed home or group day care not exceeding four (4) children under
age 12 (including the care provider's own children) and not exceeding an overall ratio of 4:1
children to caregivers; or a development licensed by the Province of Manitoba to provide
daytime personal care and education to children, not including overnight accommodation.
Typical uses include family and group child care homes, day care centres, nursery schools and
play schools.
Club, Private, Non-Profit and Recreational means a non-profit corporation chartered by The
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Canadian Business Corporation Act or The Manitoba Corporation Act, or an association
consisting of persons who are bona fide members paying annual dues, which owns, or leases a
building or portion thereof; and the use of such premises being restricted to members and their
guests for fraternal, recreational, sport and similar activities.
Coach House means a secondary dwelling unit above a detached garage.
Commercial Rental Unit means a single commercial space available on the market as a self-
sufficient, independent unit, equipped, zoned and intended to be used for commercial
purposes.
Common Element means all property within a condominium plan except the condominium
units.
Community Centre means a building or structure that provides facilities for indoor recreational
activities and other community facilities such as meeting rooms or a library for use by the
general public.
Concrete Batch Plants means a facility where water, Portland cement, and fine and coarse
aggregates are mixed to form wet concrete, either in a mixer truck or a central mix drum and
transferred to a truck for transport.
Conditional Use means a usage of land or a building that may be permitted under a Zoning By-
law subject to approval of a conditional use order. Conditional uses are uses that may have
unique or varying operating characteristics, may have potential operational or other impacts on
adjacent properties, or may have unusual site development demands. Where a use is classified
as a conditional use under this By-law or amendments thereto, and exists as a permitted or
conditional use at the date of the adoption of this By-law or amendments thereto, it shall be
considered as a legally existing conditional use.
Condominium means a condominium as established under the provision of The Condominium
Act.
Condominium, Bare Land Unit means a unit of land defined by delineation of its horizontal
boundaries without reference to any buildings on a condominium plan. A "bare land unit" shall
be considered a "site" as defined in Part 2 of this By-law.
For the purposes of this By-law those "common elements" in a bare land unit condominium
plan, which are ordinarily used for the passage of vehicles or pedestrians, including roads, road
allowances, streets, lanes, bridges, but not including walkways intended solely for pedestrian
use nor areas for parking of vehicles, shall be considered:
a) a "street" as defined herein where such thoroughfare is over thirty-three (33) feet in
width; and
b) a "lane" as defined herein where such thoroughfare is not over thirty-three (33) feet in
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width.
For the purposes of determining front, rear and side yards and site lines for each respective site
as shown on a plan, the common element shall be considered a "street" as defined in this
Zoning By-law.
Conservation Area means land that has been designated by provincial legislation for the
protection and conservation of wildlife.
Construction includes:
a) excavating, removing, filling and backfilling for the purpose of preparing or maintaining
a site in respect of a building or a proposed building;
b) erecting, extending, enlarging, placing, removing, locating and demolishing a building;
c) altering, renovating and reconstructing a building;
Contractor's Yard means a yard of any building trade or contractor where equipment and
material is stored or where a contractor performs shop or assembly work.
Convenience Store means a retail establishment which deals primarily in goods required by the
inhabitants of a residential area to meet their day-to-day needs.
Cottage means a dwelling unit constructed and used as a secondary or temporary place of
residence for seasonal vacations and recreational purposes and not as the principal residence
of the owner or occupant thereof.
Council means the elected council for the Rural Municipality of Montcalm.
Custom Manufacturing Establishments means development used for small scale on-site
production of goods by hand manufacturing. Typical uses include furniture, jewelry, toy,
clothing/shoe and musical instrument manufacturing, gunsmiths, carpentry and upholstery
shops, and pottery and sculpture studios.
Crematorium means a facility containing a certified furnace or similar device intended for use
in the incinerations of human or animal corpses.
Density means the total number of dwelling units divided by the total area of land to be
developed, expressed in gross acres.
Design Flood means a flood magnitude on a water body that, on average, is expected to occur
once during a one hundred year period.
Development means the construction of a building or the installation of services and utilities
on, over or under land, a change in the use or intensity of use of a building or land, the removal
of soil or vegetation from land, the deposit or stockpiling of material on land, and the
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excavation of land.
Development Officer means the officer appointed by the Rural Municipality of Montcalm
Council in accordance with the provisions of the Act.
Development Plan means the Rural Municipality of Montcalm Development Plan adopted by
By-law No. 789-18 and amendments thereto.
Double-Fronting Site means a site, which abuts two public roadways, which are parallel or
nearly parallel in the vicinity of the site.
Drive-Through Facility means any use designed or operated to allow patrons, while outside on
the premises in motor vehicles, to order, request, exchange, donate, or receive goods, wares,
merchandise, products, foods, beverages or services, including but not limited to a drive-
through restaurant, coffee shop or Automated Teller Machine (ATM)/bank.
Duplex means two dwellings, contained in a single building, vertically connected with one unit
above the other. This type of development is designed and constructed as two dwelling units at
initial construction with separate entrances. It does not include a secondary suite.
Dwelling, Farm- means a single-unit dwelling, mobile home or modular home, which is the
principal residence of the owner or operator of agricultural activity.
Dwelling, Multi-Family means a building, located on a single site, containing three (3) or more
dwelling units with separate entrances, each unit designed for and used by one (1) family, each
having exclusive occupancy of a dwelling unit.
Dwelling, Single-Family means a detached building, located on a single site, designed for and
used by one (1) family.
Dwelling, Two-Family means a duplex or semi-detached building, located on a single site,
designed for and used by two (2) families, each having exclusive occupancy of a dwelling unit.
Dwelling unit means one or more rooms used or intended to be used as a single housekeeping
unit with cooking, sleeping and sanitary facilities.
Earthen Manure Storage Facility means a structure built primarily from soil, constructed by
excavating or forming dykes, and used to retain livestock manure but does not include a
collection basin, a field storage site, or a temporary composting site for manure.
Eating and Drinking Establishment means the sale to the public of prepared foods, for
consumption within the premises or off the site. This includes licensed drinking establishments,
restaurants, cafés, delicatessens, tea rooms, banquet catering, lunch rooms and take-out
restaurants. This does not include drive-through facilities which provide services to customers
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who remain in their vehicles, refreshment stands, or mobile catering food services.
Education Service means a development which is privately or publicly supported or subsidized
involving public assembly for educational, training or instructing purposes, and includes
administration offices required for the provision of such services on either the same site or
elsewhere on the same zoning site. This use class includes public and private schools,
community colleges, technical and vocational schools and associated administrative offices and
dormitories, which may also be established as accessory uses.
Emergency Service means a development which is required for the public protection of persons
and property from injury, harm, or damage together with the incidental storage of emergency
equipment. Typical uses in this class include police stations, fire stations and ancillary training
facilities.
Enlargement means an addition to the floor area of an existing building or structure, or an
increase in that portion of a parcel of land occupied by an existing use.
Equestrian Establishment means a facility used for the training of horses and the operation of a
horse-riding academy or horse-riding stables.
Erosion means land that, within a 50-year period, may be eroded away or become unstable due
to the action of water contained in an adjacent water body.
Extended Medical Treatment Service means a development providing room, board and surgical
or other medical treatment for the sick, injured or infirm including outpatient services and
accessory staff residences. Typical uses include hospitals, sanatoriums, nursing homes,
convalescent homes and auxiliary hospitals.
Factory Built House means a manufactured dwelling, whether modular (built in two or more
sections) or unitary construction, which complies with the National Building Code and which is
built off-site by a manufacturer having CAN/CSA-A277 "Procedure for Certification of Factory
Built Houses" accreditation, but does not include "mobile home."
Family means one person or two or more persons voluntarily associated, plus any dependents,
living together as an independent, self-governing single-housekeeping unit.
Farm Buildings or Structures means any buildings or structures existing or erected on land used
primarily for agricultural activities, but not including dwellings.
Farmstead Site means the portion of land of an agricultural operation, usually surrounded by a
well-defined shelterbelt, that includes the habitable residence of the agricultural producer and
the building and facilities associated with the agricultural operation.
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Feedlot means an outdoor area that is fenced to confine livestock solely for the purpose of
growing or finishing, but does not include a grazing area or a seasonal feeding area.
Field Storage Site means an area where solid livestock manure is stored in the open air, but
does not include an earthen manure storage facility or a non-earthen manure storage facility.
Flood Level means the 200 year flood level, the level of a known flood exceeding the 200 year
flood, or the flood of record, which is greater.
Flood Risk Area means the land adjacent to a lake, river or stream, which is divided into two
parts: the floodway and the floodway fringe. The floodway includes the area where the
majority of floodwaters pass. The floodway fringe includes the area outside the floodway,
which requires approved flood protection measures due to periodic flooding or inundation by
floodwaters.
Floor Area (as applied to bulk regulations) means the sum of the gross horizontal areas of the
several floors of all buildings and structures on the zoning site, measured from the exterior
faces of the exterior walls or from the centreline of party walls. In particular, the floor area of a
building or buildings shall include:
(a) Basements when used for residential, commercial or industrial purposes, but not
including spaces used for storage or the housing of mechanical or central heating
equipment, and accessory off-street parking spaces;
(b) Floor space used for mechanical equipment (with structural headroom of six (6) feet or
more) except equipment, open or enclosed, located on the roof;
(c) Elevator shafts and stairwells at each storey except shaft and stair bulkheads and
exterior unroofed steps or stairs; and
(d) Penthouses, mezzanines, attics where there is structural headroom of seven (7) feet or
more.
Frontage means all that portion of a zoning site fronting on a public road and measured
between side site lines.
Funeral Service means a development used for the preparation of the dead for burial or
cremation and the holding of funeral services. This use class includes funeral homes,
undertaking establishments and includes cremation and interment services.
Garage, Private or Carport means an accessory building or portion of a principal building, if
attached, used by the occupants of the premises upon which it is located for the parking or
temporary storage of private passenger motor vehicles and may also include the incidental
storage of other personal property.
Garden Centre, Farmers' Market and Produce Stand mean the outside display and sale of
garden equipment and supplies, plants, seeds, vegetable and fruit produce, food items
produced by vendors, and similar items.
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Gas Bar means a development used for the retail sale of gasoline, other petroleum products
and incidental auto accessories. This use class does not include service stations.
General Agricultural Activities means the use of land for agricultural purposes, including
production of field crops, apiculture, floriculture, horticulture and the necessary accessory uses
for packing, storing or treating the produce.
General Contractor Service means a development used for the provision of building
construction, landscaping, concrete, electrical, excavation, drilling, heating, plumbing, paving,
road construction, sewer or similar services of a construction nature which require on-site
storage space for materials, construction equipment or vehicles normally associated with the
contractor service. Any sales, display, office or technical support service areas shall be
accessory to the principal contractor services use only.
General Storage means a development used exclusively for temporary indoor or outdoor
storage of goods, materials and merchandise. This use class does not include vehicle storage
compounds, automobile wrecking yards, salvage yards, scrap metal yards or the storage of
hazardous goods or waste.
Government Service means a development providing municipal, provincial or federal
government services directly to the public. Typical uses include government offices, taxation
offices, courthouses, postal distribution offices, manpower and employment offices and social
services offices.
Grade means the average level of finished ground adjoining a building or structure at all
exterior walls, as determined by the municipality.
Grain Storage Structure means any structure, which is designed to store any type of grain.
Grazing Area means an outdoor area where livestock are primarily sustained for part of the
year by the direct consumption of feed grown on the area and manure does not accumulate
such that mechanical removal or redistribution is required.
Greenhouse, Plant and Tree Nursery means a development used primarily for the raising,
storage and sale of bedding, household and ornamental plants.
Group Home means a residence that is licensed or funded under an Act of the Parliament of
Canada or the Province of Manitoba for the accommodation of less than five (5) persons,
exclusive of staff or receiving family, living under supervision in a single housekeeping unit and
who by reason of their emotional, mental, social or physical condition, or legal status, require a
group living arrangement for their well-being.
Health Service means a development used for the provision of physical and mental health
services on an out-patient basis. Services may be preventative, diagnostic, treatment,
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therapeutic, rehabilitative or counselling nature. Typical uses include medical and dental
offices, health clinics, and counselling services.
Height means the vertical distance measured from grade to the highest point of the roof
structure if a flat roof, to the deck of a mansard roof, and to the mean height level between
eaves and ridge for a gable, hip or gambrel roof.
Figure 2.1: Measuring building height
Heritage Resource means a heritage site, a heritage object, and any work or assembly of works
of natural or human endeavour that is of value for its archaeological, paleontological,
prehistoric, historic, cultural, natural, scientific or aesthetic features, and may be in a form of
sites or objects or a combination of them.
Hobby Farm means a small-scale agricultural use secondary to a rural residential principal use.
Animals shall be kept for the use or enjoyment of the occupant only.
Home-Based Business means any business activity which includes manufacturing, sales, a
commercial or professional operation, business service, trade, practice, office or use which is
carried on or in or from a dwelling unit and or its permitted accessory buildings, is intended as a
profit making operation, and is clearly incidental to, accessory to, or secondary to the
residential use of the dwelling unit. (See Section 4.3 for Use Specific Standards.)
Home Industry means light industrial operations and small businesses that may be permitted as
a secondary use on the same site as a principal use. The land use associated with a home
industry is more intense than those associated with a home-based business and may include
some external noise, odour, light, or traffic impacts as well as the external storage of products
or materials. (See Section 4.2 for Use Specific Standards.)
Hotel means a building or part thereof wherein accommodation is provided for transient
lodgers, in an individual room or apartment, with or without cooking facilities. Permitted
accessory uses may include, but are not limited to, restaurants, licensed beverage rooms,
banquet halls, ballrooms and meeting rooms.
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House, Boarding, Lodging or Rooming means a building or portion thereof, other than a hotel
or motel without cooking facilities, where lodging, or lodging and meals are provided for
compensation exclusive of the proprietor and his family.
Household Repair Service means a development used for the repair of goods, equipment and
appliances normally found within the home. This use class includes radio, television and
appliance repair shops, furniture refinishing and upholstery shops.
Incidental means a building, feature or use established or erected in conjunction with or
subsequent to the establishment or erection of a principal building, structure, or use approved
under this By-law, and is incidental to, and located on the same zoning site as, a principal or
accessory use, and that has fewer impacts than an accessory use.
Indoor Participant Recreation Service means a development providing facilities within an
enclosed building for sports and active recreation where patrons are predominately
participants. Typical uses include athletic clubs; health and fitness clubs; curling, roller skating
and hockey rinks; swimming pools; archery or shooting ranges; bowling alleys and racquet
clubs.
Information Technology Use means the development, design, manufacture, packaging, storage
or shipping of computer software, web hosting and data processing service and the design or
research of computer, electronic and communication equipment. Uses such as server farms and
like uses are included in this definition.
Kennel means a development used for the breeding, boarding or training of small animals
normally considered as household pets. Typical uses are kennels and pet boarding
establishments.
Lane means a street thirty-three (33) feet or less in width.
Light Industrial Use means processing and manufacturing uses, provided that they do not
create unusual fire, explosion or safety hazards, noise in excess of average intensity of street
and traffic noise in the area in question; they do not emit smoke, dust, dirt, toxic or offensive
odours or gas; and there is no production of heat or glare perceptible from any adjacent
residential property. Typical uses include automotive body repair and paint shops and
commercial manufacturing establishments. This use class does not include milling plants,
concrete and asphalt plants, foundries, chemical plants and extractive uses.
Limited Contractor Service means a development used for the provision of electrical, plumbing,
heating, painting and similar contractor services primarily to individual households and the
accessory sale of goods normally associated with the contractor services where all materials are
kept within an enclosed building; there are no accessory manufacturing activities and no more
than two service vehicles.
Livestock means animals or poultry not kept exclusively as pets, excluding bees.
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Livestock Production Operation means an agricultural operation where livestock are confined,
fed or raised but does not include:
(a) an operation for the slaughter or processing of livestock;
(b) an operation for the grading or packing of livestock or livestock products;
(c) an operation for transporting livestock or livestock products;
(d) a hatchery;
(e) a livestock auction market;
(f) low density seasonal feeding areas (e.g. cattle wintering operation - 100 square
metres or greater per mature animal); and
(g) an operation for pasturing cattle.
Loading Space means an off-street space on the same zoning site with a building, or contiguous
to a group of buildings for the temporary parking of a commercial vehicle while loading or
unloading merchandise or material and which has access to a street or lane or other
appropriate means of access.
Manufactured Home means a factory built dwelling certified prior to the placement on the site
as having been built as a modular home in accordance with Manitoba Building Code
regulations, being placed on a permanent foundation, having its chassis or frame permanently
removed, and arriving at the site ready for occupancy apart from incidental operations and
connections.
Manufacturing Use means a use of land that includes the assembly, fabrication, or processing
of goods and materials that may have impacts in terms of noise, fumes, odours, or safety
hazards outside of the structures in which the use takes place. This use class includes milling
plants, concrete and asphalt plants, foundries, chemical plants and extractive uses.
Mobile Home means a dwelling unit designed for transportation after fabrication, whether on
its own wheels or on a flatbed or other trailer, and which arrives at the site where it is to be
occupied as a dwelling complete and ready for occupancy, being on the site of wheels, jacks or
similar supports, or on a permanent foundation, and having been built in accordance with CSA
building regulations and The Buildings and Mobile Homes Act.
Mobile Home Park means any premises, which is designed for residential use and designed for
the accommodation of two or more mobile homes as single-family dwellings, whether or not a
charge is made for such accommodation.
Mobile Home Site means a zoning site within a residential mobile home park for the placement
of a mobile home.
Motel means a building or part thereof, not over two (2) storeys in height wherein sleeping
accommodation is provided for transient lodgers and in which there is an exit from each room
or suite of rooms directly to the outdoors with access to grade level. Permitted accessory uses
include, but are not limited to restaurants, licensed beverage rooms, banquet halls, ballrooms
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and meeting rooms.
Natural Resource Development means a development for the on-site removal, extraction, and
primary processing of raw material found on or under the site, or accessible from the site.
Typical uses in this class include forestry, gravel pits, sandpits, clay pits, and stripping of topsoil.
This use class does not include the processing of raw materials transported to the site.
Non-Conformity means a parcel of land, building, structure or use which lawfully existed prior
to the effective date of this By-law or amendments thereto, but does not conform to the
provisions contained within this By-law or amendments thereto.
Non-Earthen Manure Storage Facility means a non-earthen structure, molehill, tank or other
non-earthen facility for storing or treating manure, but does not include a gutter or concrete pit
used to contain liquid or semi-solid manure for less than 30 days for the purpose of moving the
manure to a manure storage facility.
Noxious or Offensive Use means a use which, from its nature or operation, creates a nuisance
or is offensive by the creation of noise or vibration, or by reason of the emission of gas, fumes,
dust, oil or objectionable odour, or by reason of the unsightly storage of goods, wares,
merchandise, salvage, refuse matter, waste or other material.
Nuisance means anything that interferes with the use or enjoyment of property, endangers
personal health or safety, or is offensive to the senses.
Occupancy Permit means authorization issued in writing pursuant to the applicable zoning
regulations, to occupy any building or part thereof in the municipality.
Open Space means that required portion of a zoning site at ground level, unless otherwise
stated, unoccupied by principal or accessory buildings and available to all occupants of the
building. The open space shall be unobstructed to the sky and shall not be used for service
driveways or accessory off-street parking or loading spaces, unless otherwise provided for
herein, but shall be useable for landscaping, recreational space and other leisure activities
normally carried on outdoors. Balconies, roof and other like above grade level areas may also
be considered as open space.
Outdoor Amusement Establishment means a commercial development providing facilities for
entertainment and amusement activities which primarily takes place out of doors and where
patrons are primarily participants. Typical uses include amusement parks, go-cart tracks,
racetracks, moto-cross and all-terrain vehicle tracks, miniature golf, outdoor concert facilities
and similar uses.
Outdoor Participant Recreation Service means a development providing facilities which are
available to the public at large for sports and active recreation conducted outdoors. Typical
uses include golf courses, driving ranges, shooting ranges, ski hills, sports fields, outdoor tennis
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courts, unenclosed ice surfaces or rinks, athletic fields, boating facilities, outdoor swimming
pools, bowling greens, riding stables and trails.
Owner means a person who is the owner of a freehold estate in the property, and includes:
a) a person who is an owner with another person as joint tenant or tenant in common of a
freehold estate;
b) a person who is registered under The Condominium Act as the owner, as defined in that
Act, of a unit under that Act; and
c) a real owner, as defined in subsection 1(1) of The Municipal Assessment Act.
Parcel of Land means the aggregate of all land described in any manner in a certificate of title.
Parking Space means a space on a parking area or zoning site for the temporary parking or
storage of a vehicle. A parking space shall be a minimum of nine (9) feet in width and eighteen
(18) feet in length and shall have adequate provision for vehicular entry, exit and
manoeuvrability.
Parking, Surface Lot means an unenclosed area where motor vehicles may be stored for
purposes of temporary, daily or overnight off-street parking as a principal use.
Party Wall means a wall jointly owned and jointly used by two (2) parties under easement
agreement or by right in law, and erected at or upon a line separating two (2) parcels of land
each of which is, or is capable of being, a separate real-estate entity.
Performance Standards means a standard established to control noise, odour, smoke, toxic or
noxious matter, vibration and explosive hazards or glare or heat generated by, or inherent in,
uses of land or buildings.
Permitted Use means the use of land, building or structure provided in this Zoning By-law for
which a development permit shall be issued upon the application having been made, it the use
meets all the requirements of this By-law.
Personal Service Shop means a building or part of a building in which persons are employed in
furnishing services and otherwise administering to personal needs and the repair and
maintenance of personal effects, including such establishments as barber shops, beauty salons,
shoe repair shops, tailor and dressmaking shops, pet grooming (not including kennels), dry
cleaning establishments and laundromats.
Place of Assembly means a public or privately owned auditorium, hall or similar facility
developed for the purpose of accommodating groups of persons for meetings, exhibitions,
shows, trade fairs, public meetings, banquets, conferences and similar activities.
Portable Asphalt Plant means a temporary facility with equipment designed to heat, dry and
mix aggregate with asphalt to produce asphalt paving material and includes stockpiling and
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storage of bulk materials used in the process
Portable Garage means a temporary structure intended to store goods or materials that may
consist of a metal or steel frame and is covered by such material as canvas, plastic,
polyethylene, various types of fabric or similar materials.
Premises means an area of land with or without buildings.
Private Communications Facilities means outdoor equipment and structures required for the
purposes of transmitting or receiving television, radio, microwave, radar, laser, or similar
communications signals. These facilities may include, but are not limited to: antennae, aerials,
receiving dishes, transmission beacons, masts and towers.
Private Pool means an artificially constructed basin, lined with concrete, fibreglass, vinyl or like
material, which is capable of containing a water depth greater than 24 inches (60 cm) and that
is located on the property of a single family dwelling.
Professional, Financial and Office Support Service means a development primarily used for the
provision of professional, management, administrative, consulting and financial services.
Typical uses include the offices of lawyers, accountants, engineers, and architects; office for
real estate and insurance firms; clerical, secretarial, employment, telephone answering, and
similar office support services; and banks, credit unions, loan offices and similar financial uses.
Public Library and Cultural Exhibit means a development for the collection of literary, artistic,
musical and similar reference materials in the form of books, manuscripts, recordings and films
for public use; or a development for the collection, preservation and public exhibition of works
or objects of historical, scientific or artistic value. Typical uses include libraries, museums and
art galleries.
Public Park means a development of public land specifically designed or reserved for the
general public for active or passive recreational use and includes all natural and man-made
landscaping, facilities, playing fields, buildings and other structures that are consistent with the
general purposes of public parkland, whether or not such recreational facilities are publicly
operated or operated by other organizations pursuant to arrangements with the public
authority owning the park. Typical uses include tot lots, band shells, picnic grounds, pedestrian
trails and paths, landscaped buffers, playgrounds, water features, amphitheatres and athletic
fields.
Public Utility means any system, works, plant, pipeline, equipment, buildings or services and
facilities available at approved rates to or for the use of the public, and includes all such carried
on by or for the owner of a public utility or the municipality or the Province of Manitoba.
Typical uses include water, gas and hydro facilities and services, waste disposal sites, sewage
treatment plants and lagoons, garbage transfer stations, composting sites, water treatment
plants, lift stations, waste recycling plants, waste transfer stations, communication facilities
including telephone, wireless, television and like uses.
26
Recycling Facility means a development used for the buying and temporary storage of bottles,
cans, newspapers and similar household goods for reuse where all storage is contained within
an enclosed building. This does not include auto wreckers.
Religious Assembly means a place of worship and related activities. Typical uses include
churches, chapels, mosques, temples, synagogues, parish halls, convents and monasteries.
Accessory uses can include associated schools, day-care facilities, parish halls, cemeteries and
like uses.
Repair means the renewal or reconstruction of any part of an existing building or structure for
the purpose of its maintenance or restoration.
Research Institution means a facility established in accordance with government regulations
and engaged in scientific research, product design, development and testing, and limited
manufacturing necessary for the production of prototypes.
Residential Care Facility means the use of any building or structure or part thereof, however
named, which is advertised, announced or maintained for the express or implied purpose of
providing lodging, meals, care and supervision to more than five (5) persons. This Use Class
includes nursing homes, personal care homes, residential care homes, rehabilitation homes and
similar uses.
Retail Sales and Services mean developments used for the retail sale of groceries, baked goods,
meats, beverages, household goods, furniture and appliances, hardware, printed matter,
confectionary, tobacco, pharmaceutical and personal care items, automotive parts and
accessories, office equipment, computers, cell phones, stationary and similar goods from within
an enclosed building. Associated services and repair including postal services, film processing,
movie rentals and similar uses are included. This use class does not include developments used
for the sale of gasoline, heavy agricultural or industrial equipment, pawn shops, adult
entertainment establishments or adult sales stores.
Riparian Area means an area of land on the banks of or near a water body that, due to the
influence of water, is capable of naturally supporting an ecosystem that is distinct from the
ecosystem of the adjacent upland areas.
Salvage Operation/Yard means an open area where waste or scrap materials are bought, sold,
exchanged, stored, baled, packed, disassembled or handled, including, but not limited to
metals, paper, rags, rubber tires and bottles. This use class includes an automobile wrecking or
dismantling yard and such uses established entirely within an enclosed site.
Seasonal Feeding Area means an outdoor area, other than a feedlot or grazing area, where
(a) livestock are given their supplemental or total feed requirements on a seasonal
basis; and
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(b) because of its accumulation, manure must be removed from the area by mechanical
means from time to time.
Secondary means a use or structure that takes place on the same site as a principal use or
structure that is not naturally and normally carried out as part of that principal use.
Secondary Suite means a self-contained accessory dwelling unit located either within a
permanent single-family detached dwelling or in an accessory building on a single zoning site. A
secondary suite contains a single housekeeping unit and has its own separate access, cooking,
sleeping and sanitary facilities which are separate from and not shared with those of the
principal dwelling. Secondary suites include basement suites and coach houses. This use does
not include duplex housing, semi-detached housing, or apartment housing.
Self-Service Storage Facility means a building or group of buildings consisting of individual, self-
contained units leased to individuals, organizations, or businesses for self-service storage of
personal property.
Semi-Detached Housing means two dwellings, arranged side-by-side, contained in a single
building with a single foundation, connected by a shared common wall. This type of
development is designed and constructed as two dwelling units at initial construction. It does
not include a secondary suite.
Separation Distance means a distance to be maintained between two buildings or structures,
measured from the nearest points of any structure or areas in which the uses are carried on.
Separation Space means open space around dwellings separating them from adjacent buildings
or activities, and providing daylight, ventilation and privacy.
Settlement Area means the urban centres and designated rural residential and seasonal
recreation areas.
Sign means any writing (including letter, word or numeral), pictorial representation (including
illustration or decoration), emblem (including devise, symbol, or trademark), banner, pennant
or any other figure of similar character which:
(a) Is a structure or any part thereof, or is attached to, painted on or in any other manner
represented on or in a building or other structure;
(b) Is used to identify, direct attention to, or advertise; and
(c) Is visible from outside a building but shall not include show windows as such.
Site means:
a) a whole lot or block on a registered plan of subdivision; or
b) the aggregate of all contiguous land described in a certificate of title or in more than
one certificate of title provided they are in the same ownership.
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Figure 2.2: Site Types
Site, Corner means a site situated at the intersection of two (2) streets.
Site, Interior means a site other than a corner site or a through site.
Site, Reverse Corner means a corner site, the flanking street site line of which is substantially a
continuation of the front site line of the first site to its
rear.
Site, Through means a site having a pair of opposite site lines along two (2) more-or-less
parallel streets.
Site, Zoning means an area of land which:
(b) is occupied, or intended to be occupied, by a main building or a group of such
buildings and accessory buildings, or utilized for the principle use or uses thereto,
together with such open spaces as are required under the provision of this By-law,
has frontage on a street, and
(c) in the case of non-conforming site existing on the date of adoption of this By-law, has
any lawful means of access satisfactory to Council; and
(d) is of sufficient size to provide the minimum requirements of this By-law for a
permitted or conditional use in a zone where the use is located.
Site Area means the computed area contained within the site lines.
Site Coverage means that part or percentage of the site occupied by buildings, including
accessory buildings. Structures, which are below the finished site grade, including sewage
lagoons, water reservoirs, parking structures below grade and similar structures, shall not be
included in site coverage.
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Site Depth means the horizontal distance between the centre points in the front and rear site
lines.
Figure 2.3: Site Depth
Site Lines means as follows:
(a) Front Site Line means that boundary of a site which is along an existing or
designated street. For a corner site or through site, the Development Officer may
select the front site line except where an interior site abuts the corner site, then
the front site line shall be that line which is the continuation of the front site line
of the interior site.
(b) Rear Site Line means that boundary of a site which is most nearly parallel to the
front site line. Where an irregular shaped site cannot have its site lines defined by
this definition, the rear site line shall be determined by the Development Officer.
(c) Side Site Line means any boundary of a site which is not a front or rear site line.
Site Width means the horizontal distance between the side lines, measured at right angles to
the site depth at a point midway between the front and rear site lines, or forty (40) feet from
the front site line, whichever is the lesser.
Figure 2.4: Site Width
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Site, Zoning means an area of land which:
(a) is occupied, or intended to be occupied, by a main building or a group of such
buildings and accessory buildings, or utilized for the principal use or uses thereto,
together with such open spaces as are required under the provision of this By-law,
has frontage on a street; and
(b) in the case of a non-conforming site existing on the date of adoption of this
By-law, has any lawful means of access satisfactory to the Council; and
(c) is of sufficient size to provide the minimum requirements of this By-law for a
permitted or conditional use in a zone where the use is located.
Specialized Agriculture means the use of land for apiculture, floriculture, horticulture including
market gardening, orchards and tree farming, and similar agricultural activities on a commercial
basis.
Stable means a detached accessory building for the keeping of cattle or horses owned by the
occupant of the premises.
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 basement.
Street means a public road, or highway having a minimum width of 33 feet and intended for
vehicular use. Parks, easements, rights-of-way, squares and walkways are not considered to be
streets for purposes of interpreting this By-law.
Structure means anything constructed or erected with a fixed location on or below the ground,
or attached to something having a fixed location on the ground and includes buildings, walls,
fences, signs, billboards, poster panels, light standards and similar items.
Surface Water means any body of flowing or standing water, where naturally or artificially
created, including, but not limited to, a lake, river, creek, spring, drainage ditch, roadside ditch,
reservoir, swamp, wetland and marsh, including ice on any of them, but not including a dugout
on the property of an agricultural operation.
Temporary Additional Dwelling means a dwelling unit or mobile home that is placed on the
same site as a Single Family Dwelling on a temporary basis.
Topsoil means the surface layer or "A" horizon of soil characterized by the natural enrichment
or accumulation of organic matter and is further defined as:
(a) mineral topsoil consisting predominantly of mineral matter with enrichment of less
than 30% organic matter on a dry weight basis; and
(b) peat topsoil consisting largely of organic residues accumulated under more or less
water saturated conditions through the deposition and incomplete decomposition of
primarily plant remains.
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Tot Lot means an area dedicated to public playground use for pre-school children.
Total Turbine Height means the height from finished grade to the highest vertical point of a
wind turbine's rotor blades.
Trucking Operations means the use of land, buildings or structures for the purpose of storing,
repairing, servicing or loading trucks, transportation trailers and/or buses. The use class
includes automotive repair, eating and drinking areas, gas bar, retail sales and service stations
as accessory uses.
Use means:
a) any purpose for which a building or other structure or parcel of land may be designed,
arranged, intended, maintained or occupied; or
b) any activity, occupation, business or operation carried on, or intended to be carried on,
in a building or other structure or on a parcel of land.
Variance means an administrative exception to the By-law's land use regulations, generally in
order to remedy a deficiency, which would prevent the property from complying with the
zoning regulation.
Warehouse Sales means a development used for the wholesale or retail sale of bulky goods
from within an enclosed building where the size and nature of the principal goods being sold
typically require large floor areas for direct display to the purchaser or consumer. This use class
includes developments where principal goods being sold are such bulky items as furniture,
carpet, major appliances and building materials.
Waste Disposal Site means the land, structures, monitoring devices, and any other
improvements on the land used for monitoring, treating, processing, storing, or disposing of
solid waste, leachate or residuals from solid waste.
Watercourse means the channel 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 (WEGS) means a site and facility that is comprised of, but not
limited to, one or more wind turbine generator towers, and may include associated accessory
operations and maintenance buildings, research or meteorological towers, collector grids, roads
and substations that convert wind energy to electrical energy for use or sale by a private
commercial enterprise. It must have a collective nameplate rating of 0.75 megawatt or greater
and be connected to the transmission or a local distribution grid. The (WEGS) can be comprised
of either a leased or an owned site.
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Yard means an open area between the exterior wall of a building and the boundaries of the site
on which it is located.
Yard, Required means an open area, on the same site as a building or structure, which is
unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted
herein. A required yard extends along a site line to a depth or width (measured from the site
line) specified in the yard requirement for the district in which it is located.
Yard, Corner Side means a side yard, which adjoins a street.
Yard, Front means a yard extending along the full length of the front site line between the side
site lines.
Yard, Interior Side means a side yard, which is adjacent to another zoning site, or to a lane
separating such side yard from another zoning site, or to the wall of a building adjacent to the
wall of another building in a planned unit development.
Yard, Rear means a yard extending along the full length of the rear site line between the side
site lines.
Yard, Side means a yard extending along the side site line from the required front yard to the
required rear yard.
Figure 2.5: Yard Requirements
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PART 3: GENERAL RULES AND REGULATIONS
The following regulations shall apply to all use and development of land and buildings in The
Rural Municipality of Montcalm, except where otherwise noted in this By-law.
3.1
Regulation of Uses
No land, building or structure shall be used or occupied except for a use which:
a) is listed in the applicable use tables as:
i) a permitted use; or
ii) a conditional use, subject to approvals as such;
b) is an accessory to a permitted or conditional use.
3.2
Multiple Uses or Provisions
Where land, a building, or a structure is used for more than one purpose, all provisions of
this By-law relating to each use must be satisfied. Where more than one provision in this
By-law is applicable, the higher or more stringent requirement shall apply unless specified
otherwise.
A residential zoning site shall contain only one(1) single-family dwelling or one (1) two-
family dwelling or (1) multi-family dwelling and its accessory buildings as permitted in Part
6, except where otherwise allowed in this By-law.
3.3
Accessory Buildings and Structures
No accessory use, building or structure shall be constructed or erected, except those in
compliance with the following regulations:
a) Where the accessory building or structure is attached to a principal building or
structure, it shall be subject to, and shall conform to, all regulations of this By-law
applicable to the principal building or structure.
b) Where the accessory building or structure is detached from the principal building
or structure, it shall be subject to, and shall conform to, all regulations of this By-
law applicable to accessory buildings or structures.
c) No accessory building or structure shall be constructed on any zoning site prior to
the time of construction of the principal building to which it is accessory except
where it is allowed by written agreement from the Rural Municipality of
Montcalm.
d) Detached accessory buildings shall not be located in any required yard except a
required rear yard or as provided for elsewhere herein.
e) No detached accessory building shall be located closer than ten (10) feet to any
main building.
f) In no instance shall an accessory building be located within a dedicated easement
or right-of-way except as provided for by said easement or right-of-way.
g) Accessory buildings are permitted when accessory to a permitted use and
conditional when accessory to a conditional use.
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h) An accessory building or structure shall not be used as a dwelling, except where
otherwise permitted in this By-law.
3.4 Area and Yard Requirements
Except as herein provided, the following regulations shall apply in all zones to ensure
adequate site and yard requirements:
a) Where a use is established on a site and the existing site area or site width or
required yard is reduced below the minimum requirements of this By-law by virtue
of the development of a public work, street or public utility, the affected site area,
site width and required yard shall be deemed to conform to the requirements of
this By-law.
b) For the purpose of side yard regulations, a semi-detached two-family dwelling, a
row-house or a multi-family dwelling with common party walls shall be considered
as one (1) building occupying one (1) site.
c) A semi-detached two-family dwelling, a side-by-side or a row-house may be
subdivided into two or more attached single-family dwellings, through the
common party wall. Where this is done the side yard adjacent to the party wall is
reduced to zero.
d) Unless otherwise approved, the lots so created by subdividing the side-by-side or
row-house may only be used for the purpose of single-family dwellings, and the
resulting site area and site width shall become the minimum site area and site
width required for said dwelling.
e) Where a site is occupied for a use permitted in a zone and has no building or
structures thereon, the required yards for the zone within which it is located shall
be provided and maintained, except in the case of sites located in the Parks and
Recreation Zone.
f) Yards provided for a building or structure, existing on the effective date of this
Zoning By-law or amendments thereto, shall not be reduced, if already less than
the minimum requirements of this By-law.
g) All yards and other open spaces required for any use shall be located on the same
site as the use.
h) A through site may be required to meet the front yard setback of the zone in
which it is located on both property lines fronting onto a street at the discretion of
the Development Officer.
i) It shall be a continuing obligation of the owner to maintain the minimum site area,
site width, yards and other open spaces required herein for any use as long as it
remains in existence. Furthermore, the minimum site area, site width, yards and
other open spaces allocated to a use as per requirements of this By-law shall not
by virtue of change of ownership, or for any other reason, be used to satisfy the
minimum site area, site width, yard and other open space requirements for any
other use on another site.
j) Where sites comprising forty (40) percent or more of the entire frontage of the
block are developed with buildings, the average front yard depths established by
such buildings shall establish the minimum front yard depths for the entire
35
frontage of the block provided such average is less than the minimum front yard
required in the zone in which the site is located.
k) No land shall hereafter be divided into sites, unless each site conforms to the
requirements set forth in the Bulk Table of the zone in which the land is located.
3.5
Setback Standards
a) No dwelling unit shall be located within 1,000 feet (304.8 m) of the boundary of a
municipal sewage lagoon.
b) No dwelling unit shall be located within 1,320 feet (402.3m) of a waste disposal
site.
c) No dwelling unit shall be located within 100 feet (30.48 m) from the edge of a
railway right-of-way that is in active use.
d) Notwithstanding the minimum yard requirements provided in the Bulk Tables,
buildings, structures and plantings adjacent to Provincial Trunk Highways,
Provincial Roads and Provincial Access Roads shall be setback in accordance with
The Transportation Infrastructure Act.
3.6
Projections into Required Yards (Principal Buildings Only)
Every part of a required yard shall be open and unobstructed from the ground level to
the sky, save for trees, shrubs, gardens, fences, sidewalks and driveways, and as herein
provided:
a) Architectural features, such as chimneys, bay windows, alcoves, canopies and
awnings, eaves and gutters may extend into a required front, side or rear yard a
distance of not more than three (3) feet, provided the width of such side yard is
not reduced to less than 3 feet.
b) Open, unenclosed and uncovered porches, decks or terraces may project into a
required front or rear yard for a distance not exceeding 6 feet at or below main
floor level.
c) Open, unenclosed stairways or balconies, not covered by a roof or canopy, may
project into a required rear yard or required front yard for a distance of not more
than 4 feet.
d) Name plates and signs shall be allowed in any required front, side or rear yard,
provided they comply with the requirements and regulations of this By-law (See
also Part 12.0, Table 12.1).
e) Fences, hedges, and landscape architectural features are permitted in all required
yards if maintained at a height of not more than 3.5 feet in the front yard and at a
height of not more than 6 feet in the rear and side yards. Fences and hedges
located on the street side of a corner site shall not exceed a height of 3.5 feet,
unless set back a distance of fifteen (15) feet, in which case said height shall not
exceed six (6) feet.
3.7
Air Conditioning Units, Pool Equipment and Compressors
Air conditioning units, pool equipment and/or compressors shall be accessory structures
in all zones and shall be subject to the following regulations:
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a) Shall be a minimum distance of 15.0 feet (4.57m) to an openable window of a
habitable room on an adjoining lot.
b) If located in a front yard, it must be screened with compact hedges or shrubs or
other landscaping.
c) Should be no closer than 5.0 feet (1.52m) to a side site line in all Residential Zones.
In all other zones, it should be no closer than 10.0 feet (3.05m) to a side site line.
3.8
Height Exceptions
The provisions of this By-law shall not apply to limit the height of any ornamental dome,
chimney, tower, electrical or telephone transmission line, television or radio mast,
steeple, water storage tank, electrical apparatus or the mechanical operations of the
building provided that no roof structure or any space above the height limit shall be
permitted for the purpose of providing usable floor space.
3.9
Future Road Allowance Deemed Existing
No building or structure shall be erected upon any land acquired by the R.M. of
Montcalm or any other federal or provincial government agency and which has been
designated for a future road allowance. Any development adjacent to said road
allowance shall comply with the requirements of this By-law as if the said future road
allowance was already in existence.
3.10
Road Access
No permanent building may be constructed or placed on a parcel, which does not have
legal access to an improved public road.
3.11
Demolition and Removal of Buildings or Structures
Where a development permit has been obtained for the demolition or removal of a
building or structure, all demolition, removal of debris, filling of excavations or basements
and re-grading of the site shall be undertaken within 90 days from the date of issuance of
said permit. This period may be extended at the discretion of Council, due to unusual
circumstances such as weather conditions and road restrictions.
3.12
Temporary Buildings and Uses
Temporary buildings and structures, for the temporary placement of asphalt and
concrete batch plants as well as office space or the storage of construction materials or
equipment, both incidental and necessary to development on the same zoning site may
be permitted on a temporary basis subject to the issuance of a development permit
under the following conditions:
a) A development permit for a temporary building, structure or use shall be subject
to such terms and conditions as required by Council.
b) Each development permit issued for a temporary building, structure or use shall
be valid for a period of not more than two (2) successive six (6) month periods at
the same location.
37
3.13
Outdoor Lighting
Outdoor lighting is only allowed if the following standards are met:
a) Any outdoor lighting (other than those exempted in provision (c) below) must be
located, arranged, or shielded so that no light is directed at any adjoining
properties or interferes with the effectiveness of any traffic control device.
b) The maximum permitted height of a light fixture is 30 feet (9.14 m) on private
property.
c) These standards do not apply to:
i. federally and provincially-regulated buildings and structures (including
the lighting required for airports and towers);
ii. light sources used to illuminate architecture, landscape features,
pedestrian pathways or public art; or
iii. the temporary use of lighting (for seasonal decorations or carnivals, for
example).
See also Part 12.0: Sign Regulations.
3.14
Landscaping
The following applies to developments in Commercial, Industrial, Parks and
Recreational, Institutional, and Multi-Family Residential Developments (excluding two-
family dwellings):
a) A landscaping plan is required and no landscaping work shall be commenced
unless the landscaping plan is approved by the Development Officer.
b) A landscaping plan shall contain the following information for the site:
i. all physical features, existing or proposed, including vegetation, 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 and size.
c) Landscaping should be integrated with the building architectural style, parking and
stormwater management areas proposed on the property.
d) Species must be hardy, drought- and salt-tolerant, and resistant to the stresses of
compacted soils and weather exposure.
e) Snow storage areas must be located so that piled snow does not damage plant
material.
f) Plant materials should not obstruct views. Dense plant material between three (3)
feet and eight (8) feet from the ground must be avoided in critical areas for
pedestrian and vehicular safety. Plant materials can not obstruct views to the
street at access drives.
g) The applicant shall be responsible for landscaping and maintenance. Council may
require landscaping be completed within two years after construction of the
principal building or structure is completed. A letter of credit as insurance may be
required to ensure landscaping is completed.
h) A minimum of 100 square feet per unit of open space must be provided for multi-
family residential developments.
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i) All side and rear yard site lines in the Industrial and Commercial zones which abut
Residential or Parks and Recreation zones must be screened by a fence, hedge or
evergreen trees which will extend a minimum of six (6) feet in height. Where chain
link fencing is used, it shall be bordered by trees or hedges that, when planted, are
expected to reach a height of not less than the height of the fence.
3.15
Public Reserve Land
Public reserve land shall only be used for:
a) a public park or recreation area;
b) a natural area;
c) a planted buffer strip or part thereof separating incompatible land uses; or
d) public works.
3.16
Riparian and Wetland Areas
No development shall occur within 100 feet (30.5 metres) from the ordinary high water
mark of a natural water body, waterway, wetland, or a third (or higher) order drain,
except if the development is permitted as an exception under 3.17. No development
shall occur within 50 feet (15.2 metres) of a first or second order drain, or artificially
created retention pond, except if the development is permitted as an exception under
3.17. No expansion of any existing use is permitted within the riparian area.
3.17
Exceptions to Riparian Setbacks
Notwithstanding the restrictions in 3.16, development that creates minor disturbances to
the natural vegetative cover of riparian areas (such as docks, boathouses, and pathways)
and buildings or structures intended for flood or erosion control, may be allowed within
the riparian wetland area, provided no more than 25% of the length of a lot's shoreline is
affected.
3.18
Hazard Lands
Development is prohibited on land:
a) identified as "Flood Hazard Area" pursuant to the R.M. of Montcalm Development
Plan;
b) that is subject to subsidence or erosion by water or is marshy or unstable; or
c) is otherwise hazardous by virtue of its soil or topography.
Unless a geotechnical engineering report showing that the development may occur
without creating any additional risks is submitted to the R.M. of Montcalm Council at
the time of the application for a Development Permit.
3.19
Slope and Soil Information Requirements
When an application for a development permit is submitted to the Development Officer
for the development of a site abutting a watercourse or municipal drain, the application
may be required to include, at the discretion of the Development Officer:
39
a) information regarding the existing and proposed grades to the satisfaction of the
Designated Officer; and/or
b) a detailed engineering study of the soil conditions prepared by a registered
professional engineer of Manitoba prior to the issuance of a development permit,
certifying that the foundations proposed for the development were designed with
full knowledge of the soil conditions and the proposed siting of the development
upon the site.
The Development Officer, having required a detailed engineering study of the soil
conditions may, acting on the advice of the Municipal Engineer or Designated Officer,
apply conditions to the approval of the development permit to prevent erosion and to
stabilize soil conditions.
3.20
Flood Risk Areas
Notwithstanding any other provision of this By-law, Council may:
a) refuse to issue a building and/or development permit where the proposed building
or structure, as determined by Council, is to be located within the floodway of a
river, stream, drain or watercourse, and where Council has determined that
placement of said structure would impede the flow of flood waters and/or create a
hazard to life, limb or property.
b) refuse a development permit for any drainage works to be undertaken on private
lands where it has determined that such works would create an adverse effect on
adjacent public or private lands or where adjacent drains are insufficient to
accommodate the added runoff.
The following provisions shall also apply:
The Designated Flood Area Regulation has different standards for different types of
buildings/structures. Council should refer to the Designated Flood Area Regulation MR
59/2002 or subsequent versions of this regulation when reviewing permits for different
types of buildings/structures.
3.21
Development Near Waste Disposal Grounds and Sewage Lagoons
Parcels of land containing active or abandoned waste disposal grounds and sewage
lagoons shall not be located within 460 meters (1,509 ft.) from any centre of population
and 300 meters (984 ft.) of individual residences.
3.22
Development Near Railways
a) Development shall not interfere with normal railway operations and maintenance of
railway tracks.
b) Railway office buildings, warehouse facilities, maintenance buildings, and storage
areas shall be subject to the requirements of this By-law.
c) No new dwelling unit shall be located within 30 meters (100 ft.) of an active railway
right-of-way. (See Guidelines for New Development in Proximity to Railway Operators
40
prepared for The Federation of Canadian Municipalities and the Railway Association
of Canada).
3.23
Development near the Provincial Highway System
For any structure, construction, or to change or intensify the use of an existing structure
proposed within the controlled areas adjacent to the provincial highway system,
provincial permits are required from the provincial authority having jurisdiction. Permits
from the provincial authority having jurisdiction are also required for any new, modified,
or relocated driveway, or to intensify the use of an existing driveway proposed to a
provincial road or provincial trunk highway.
3.24 Parking
When any new development is proposed, including a change of use of an existing
development, or when any existing development is, in the opinion of the Development
Officer, substantially enlarged or increased in capacity, then provision shall be made for
off-street vehicular parking or garage spaces in accordance with the regulations and
standards contained in this section as follows:
41
The following regulations shall apply to all parking areas as required by this By-law:
a)
In the case of a multiple use site, the Development Officer shall calculate the
parking required for each individual use and the total shall be deemed to be the
required parking for the site, unless the applicant can demonstrate to the
satisfaction of Council that the complementary use of the parking facilities would
warrant a reduction in the parking requirements;
b)
Parking areas shall be provided with at least one entrance and one exit for
vehicles, and driveways and aisles for the removal of a vehicle without the
necessity of moving any other vehicle;
Table 3.1: Minimum onsite Parking Space Requirements
Use
Number of Parking Spaces Required
Residential Uses
-
Single-Dwelling
-
Two-Dwelling or Multi-Dwelling
-
Mobile Home Dwelling
-
Bed and Breakfast Home
-
Residential Care Facility
-
1.0/Dwelling Unit
-
1.2/Dwelling Unit
-
1.0/Dwelling Unit
-
1.0/Sleeping Accommodation
-
1.0/each 2 dwelling or sleeping units
Commercial
Uses
-
Hotel and Motel
-
Eating and Drinking Establishment
-
Convenience and Retail Sales Stores
-
All other Commercial Establishments
-
1.0/Guest Room or Sleeping Unit
-
1.0/ 4 seats or 1.0 per 100 sq. ft. or floor area
-
1.0 per 200 sq. ft. of floor area
-
1.0 per 250 sq. f.t of floor area
Industrial
Uses
-
Industrial Uses
-
1.0 per 1,000 sq. ft. of floor area or 1.0 per 5
employees
Other Uses
-
Indoor Participant Recreation Service,
Religious Assembly, Outdoor
Participant Recreation Service, Private
Club, Public Library and Cultural
Exhibit, and Community Centre
-
Medical Treatment Service
-
Education Service
-
Government Service
-
Child Care Service
-
Funeral Service
-
1.0 per 5 seating spaces of 10 ft. of bench
space
-
2.0 per bed
-
1.5 per classroom, plus 1 for each 100 sq. ft.
of floor area devoted to public use
-
1.0 per 550 sq. ft. of floor area
-
1.0 per every 2 employees
-
1.0 per every 5 seating places
*Where a proposed use is not listed above, the parking requirement shall be determined by the Development Officer
42
c)
The area shall be drained and maintained with a stable surface which is treated so
as to prevent the rising of dust or loose particles; it may be constructed of crushed
stone, slag, gravel, concrete, asphalt or other approved material;
d)
Where parking areas are provided in any commercial or industrial zone and
lighting facilities are provided, such lights shall be so shielded and directed as to
reflect away from any adjoining residential area. Where parking areas are
provided in any residential zone and lighting facilities are provided, such lights
shall be so shielded and directed as to reflect away from any adjoining residential
property;
e)
Where a parking area is situated along a site line which coincides with the
boundary of a residential zone and is not separated there from by any street, lane
or water course, a buffer of a design acceptable to the Council shall be provided;
f)
No sign shall be erected except:
(i) signs for the direction of traffic within the parking area, and
(ii) directional signs of not more than five (5) square feet in area at each
point of entrance and exit.
Such signs may bear the name of the business if the parking area is connected
thereto.
The layout and design of the parking area shall be as follows:
a) The layout and design of the parking area shall be in accordance with Table 3.1
"Minimum Parking Space Requirements" and Table 3.2 "Parking Area Layout."
b) The length of each parking space shall be exclusive of access driveways, aisles,
ramps and columns, and office or work areas.
c) Where access to a parking space is directly from a lane, the width of the lane
adjacent to said parking space may be computed as part of the aisle width required
for said parking space.
d) The angle of parking shall be measured between the centerline of the parking space
and the centerline of the aisle.
e) The off-street parking area shall be provided with an access drive with a minimum
width of ten (10) feet, to a street or lane.
f) Except as provided for in paragraph (c), an aisle or driveway shall not mean a street
or lane.
g) Design of parking areas and access drives need to address safe pedestrian
circulation routes, efficiency in the parking layout, accessibility, lighting, aesthetic
appearance, service vehicle access, and snow removal.
43
3.25
Accessible Parking Spaces
Out of the total number of required off-street parking spaces, the owner must provide a
portion of those spaces so as to be accessible to persons with mobility issues, in
accordance with the following requirements:
1. Each accessible parking space:
i.
must be at least 11.5 ft. (3.5 m) wide;
ii.
must be located within 200.0 ft. (60.96 m) of major building entrances used
by residents, employees, or the public; and
iii.
must include signage reserving the space for use by persons with mobility
issues.
2. At least one curb ramp must be located within 100.0 ft. (30.48 m) of the auto
parking space closest to each entrance to a principal or accessory building that is
not a service entrance.
3. The accessible parking space requirements are as follows:
Table 3.2: Parking Area Layout Requirements
44
Table 3.3: Accessible Parking Space Requirements
Total Number of Parking Spaces
Required
Minimum Number of Accessible Parking Spaces Required
1-25
1
25-50
2
51-75
3
75-100
4
101+
4 plus 1 for every 50 additional spaces, to a maximum
of 10 spaces
3.26 Loading Space Requirements
For all buildings and uses involving regular and frequent receiving, shipping, loading or
unloading of persons, animals, goods, wares, merchandise or raw materials, the owner
or operator of the buildings or uses shall provide and maintain on the site adequate
loading and unloading spaces as follows:
a) Each loading or unloading space shall be at least thirty (30) feet long, twelve (12)
feet wide and have a vertical clearance of at least fourteen (14) feet.
b) Access to loading or unloading areas shall be by means of a driveway at least 20
feet wide contained on the site in which the spaces are located and leading to a
street or lane located within the zone in which the use is located.
c) Loading and unloading areas shall be maintained with a stable surface which is
treated so as to prevent the raising of dust or loose particles.
d) Off-street loading spaces shall not be permitted in a required corner side yard.
e) The number of loading spaces shall be provided in accordance with the following:
Table 3.4: Minimum Loading Spaces
Area of Building
Minimum Loading Space
Less than 5,000 square feet
One (1) space
Exceeding 5,000 square feet but not more than 15,000
square feet
Two (2) spaces
Exceeding 15,000 square feet
Three (3) spaces
3.27 Parking Area Entrances / Exits for Automobile Service Stations, Public Parking
Areas, and Vehicle Sales
Automobile service stations, public parking areas, drive-through facilities, and all
vehicle/equipment sales shall require at least one entrance and one exit for vehicles,
driveways and aisles for the removal of a vehicle without the necessity of moving any
other vehicle. Access to sites for the titled uses for vehicles shall be only by way of
entrances and exits provided in accordance with the following:
45
Table 3.5: Parking Area Entrance and Exit Requirements
Minimum width of an entrance or exit
20 ft.
Minimum width of a combined entrance and exit
25 ft.
Maximum width of an entrance or exit
40 ft.
Maximum width of a combined entrance and exit
60 ft.
Minimum distance between any part of an entrance, exit and the
intersection of street site lines or the intersection of a street site line
and a side site line on a public lane
30 ft.
Minimum distance between entrances and exits
30 ft.
3.28
Fences - Residential Uses
A fence on a residential property:
a) shall not include electric fences or barbed wire fences;
b) shall not be higher than:
i.
3.5 feet (1.07m) in a required front yard, and
ii.
6.5 feet (1.98m) in a required side or rear yard
measured from the highest part of the fence to the point where the fence post
enters grade;
c) is permitted in all required yards and can be placed up to the property line; and
d) where located on the street side of a corner site shall not exceed a height of 3.5
feet, unless setback a distance of fifteen (15) feet, in which case the height shall
not exceed six (6) feet.
3.29 Fences - Non Residential Uses
A fence on all properties other than residential properties:
a) shall not include electric fences or barbed wire fences except in the case of a
Commercial or Industrial zone where the top 2.0 feet (0.6 m) of the fence can be
barbed wire for security purposes;
b) shall not be higher than:
i.
4.0 feet (1.22m) in a required front yard; and
ii.
8.0 feet (2.44m) in a required side or rear yard
measured from the highest part of the fence to the point where the fence post
enters grade;
c) are permitted in all required yards and can be placed up to the property line;
d) where located on the street side of a corner site shall not exceed a height of 3.5
feet, unless setback a distance of fifteen (15) feet in which case the height shall
not exceed six (6) feet; and
e) outdoor storage shall not be allowed to project above the height of the fence.
46
PART 4: ZONING DISTRICTS
4.1
Districts Established
The following zoning districts, district names and abbreviations shown in Table 4.1, and
the locations and boundaries of the zoning districts shown on the Zoning Maps [Schedule
A], are hereby established in the R.M. of Montcalm
TABLE 4.1: Land Use Zones
Abbreviations
Zoning District Name
"AG"
Agricultural General Zone
"AR"
Agricultural Restricted Zone
"RR"
Rural Residential Zone
"RG"
Residential General Zone
"CH"
Commercial Highway Zone
"CC"
Commercial Central Zone
"MG"
Industrial General Zone
"PR"
Parks and Recreation Zone
"I"
Institutional Zone
"GD"
General Development Zone
4.2 Zoning Boundaries
The zones established above in Table 4.1 shall apply within the boundaries of the zones
shown on the maps in Schedule A, following these rules of interpretation:
a) Boundaries indicated as approximately following the centre-lines of streets, lanes,
highways, rivers, or railway or public utility lines or rights-of-way shall be
construed to follow such centre-lines;
b) Boundaries indicated as approximately following parcel limits, as shown on a
registered plan or by reference to the Dominion Government Survey shall be
construed to follow such parcel limits.
4.3
Permitted and Conditional Uses
The permitted and conditional uses prescribed for parcels within each zone are those
set out in the Use Tables. In the Use Tables:
a) Permitted uses are indicated with the letter [P].
b) Conditional uses are indicated with the letter [C].
c) An asterisk symbol (*) indicates that a use specific standard applies.
d) An underline (e.g. P, C) indicates that the use may only be established as a
secondary use. Where no minimum or maximum site requirements are provided in
the bulk table for the proposed secondary use, the requirements are as per the
principal use.
4.4
Bulk Regulations
No land, building or structure shall be used or occupied, and no building or structure
shall be constructed, erected, altered, enlarged, or placed, except in accordance with
47
the bulk requirements described in the Bulk Regulations Table or elsewhere in this By-
law.
4.5
Use-Specific Standards
Regardless of whether a use is allowed as a permitted or a conditional use, and
regardless of the zoning district in which the use is located, the additional standards for
specific uses [in Part 11 of this By-law] must be met, except as otherwise provided in this
By-law or by a Conditional Use or Variance Order.
48
PART 5: AGRICULTURAL ZONES
5.1
Agricultural Zones
The following agricultural zones are hereby established:
a) "AG" Agricultural General Zone provides for a full range of agricultural activities
on large holdings.
b) "AR" Agricultural Restricted Zone provides restrictions on the size and intensity of
livestock production operations and provides for limited agricultural activities in
proximity to settlement and residential areas.
5.2
General Provisions
The following provisions apply to lands zoned AG, and AR
a) All provisions pertaining to rural area zones within this part;
b) The provisions of Part 1: Administration, Part 2: Definitions; Part 3: General Rules
and Regulations; and the Zoning Maps [Schedule A]; and
c) Part 11: Use Specific Standards as applicable.
5.3
Permitted Accessory Uses
In the AG and AR zones, accessory uses, buildings and structures include the following:
a) Barns, sheds, animal enclosures, silos, and greenhouses,
b) Farm-gate sales of agricultural products produced and/or raised on the premises,
c) Decks, patios, wheelchair ramps, statuary, light fixtures, fences and walls,
d) A garage, shed or storage building incidental to a permitted or conditional use,
e) A shipping container ("sea-can") for storage purposes only,
f) Private communications facilities,
g) Signs as permitted and regulated in Part 12 of this By-law,
h) Other accessory uses and structures consistent with those permitted in the
agricultural zones at the discretion of the Development Officer.
49
Table 5.1
AG Agricultural General Zone
The AG zone provides for a full range of agricultural activities on large holdings.
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max. Requirements
Site Area
(acres)
Site
Width
(ft)
Front
Yard1
(ft)
Side
Yard1
(ft)
Rear
Yard1
(ft)
Height2
(ft)
Site
Coverage
(%)
Agricultural Operation
(excluding livestock production operations)
P
80
600
75
25
25
30
n/a
Agricultural Processing Facility
C
10
400
75
25
25
30
40
Aircraft Landing Strip
C
80
600
75
50
50
n/a
n/a
Anhydrous Ammonia Facility
C*
10
400
75
25
25
30
40
Cemetery
P
2
200
30
10
10
30
n/a
Child Care Services (secondary and
incidental to a principal use)
P*
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Dwelling, Single-Family
C
2
200
75
25
25
30
40
Dwelling, Multi-Family
C
2
200
75
25
25
30
40
Equestrian Establishment
P
2
200
75
25
25
30
40
Farmstead Site
P
2
200
75
25
25
30
n/a
Group Home
C
2
200
75
25
25
30
40
Hobby Farm
P*
4
200
75
25
25
30
40
Home-Based Business
P*
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Home Industry
C*
n/a
n/a
75
25
25
30
15
Kennel
C
2
200
75
25
25
30
n/a
Livestock Production Operation4
(10 to 139 animal units)
P
80
600
75
25
25
30
n/a
Livestock Production Operation4
(140 animal units or more)
C
Natural Resource Development
C
80
600
75
25
25
30
n/a
Public Utility
P
n/a
n/a
30
5
25
n/a
n/a
Secondary Suite
C*
n/a
n/a
75
15
15
30
15
Specialized Agriculture
C
10
400
75
25
25
30
n/a
Temporary Additional Dwellings
C*
2
200
75
25
25
30
n/a
Wind Energy Generating System
C*
80
600
See Section 11.10
Accessory buildings and structures
P
n/a
n/a
75
15
15
30
153
1The requirement for yards abutting a Provincial Trunk Highway (P.T.H.) or a Provincial Road (P.R.) is subject to approval by
Manitoba Infrastructure or appropriate government department when not meeting regulatory requirements. Permits are
required from Manitoba Infrastructure for any structure/construction/development proposed within the controlled area
adjacent to the provincial highway systems.
2 The maximum height shall exclude grain storage structures, grain augurs and other facilities directly required for processing
grain.
3 Site coverage is cumulative for all accessory buildings and structures.
4 See Section 5.4.
50
Table 5.2
AR Agricultural Restricted Zone
The AR zone provides restrictions on the size and intensity of livestock production operations and
provides for limited agricultural activities in proximity to settlement and residential areas.
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max. Requirements
Site Area
(acres)
Site
Width
(ft)
Front
Yard1
(ft)
Side
Yard1
(ft)
Rear
Yard1
(ft)
Height2
(ft)
Site
Coverage
(%)
Agricultural Implement Sales, Rental
& Service
P
10
400
75
25
25
30
40
Agricultural Operation
(excluding livestock production operations)
P
80
600
75
25
25
30
n/a
Agricultural Processing Facility
C
10
400
75
25
25
30
40
Aircraft Landing Strip
C
80
600
75
50
50
n/a
n/a
Anhydrous Ammonia Facility
C*
10
400
75
25
25
30
40
Bulk Storage
C
Cemetery
P
2
200
30
10
10
30
n/a
Child Care Services (secondary and
incidental to a principal use)
P*
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Dwelling, Single-Family
C
2
200
75
25
25
30
40
Dwelling, Multi-Family
C
2
200
75
25
25
30
40
Equestrian Establishment
P
2
200
75
25
25
30
40
Farmstead Site
P
2
200
75
25
25
30
n/a
Group Home
C
2
200
75
25
25
30
40
Hobby Farm
P*
4
200
75
25
25
30
40
Home-Based Business
P*
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Home Industry
C*
n/a
n/a
75
25
25
30
15
Kennel
C
2
200
75
25
25
30
n/a
Livestock Production Operation4
( 10 to 200 animal units)
C
80
600
75
25
25
30
n/a
Natural Resource Development
C
80
600
75
25
25
30
n/a
Public Utility
P
n/a
n/a
30
5
25
n/a
n/a
Secondary Suite
C*
n/a
n/a
75
15
15
30
15
Specialized Agriculture
C
10
400
75
25
25
30
n/a
Temporary Additional Dwelling
C*
2
200
75
25
25
30
n/a
Wind Energy Generating System
C*
80
600
See Section 11.10
Accessory buildings and structures
P
n/a
n/a
75
15
15
30
153
1The requirement for yards abutting a Provincial Trunk Highway (P.T.H.) or a Provincial Road (P.R.) is subject to approval by
Manitoba Infrastructure or appropriate government department when not meeting regulatory requirements. Permits are
required from Manitoba Infrastructure for any structure/construction/development proposed within the controlled area
adjacent to the provincial highway systems.
2 The maximum height shall exclude grain storage structures, grain augurs and other facilities directly required for processing
grain.
3 Site coverage is cumulative for all accessory buildings and structures.
4 See Section 5.4
51
5.4
Livestock Operations
1) a) In accordance with Section 72(2) of The Planning Act, livestock operations
involving 140 or more animal units in the AG zone and livestock operations
involving 10 or more animal units in the AR zone will be treated as a conditional
use.
b) All operations of a size of 300 animal units or greater in the AG zone will require
a technical review from the Provincial Technical Review Committee.
Development applications will be evaluated on the basis of the recommendation
forthcoming from these reviews.
c) Livestock operations in the AR zone involving 201 animal units or greater are not
permitted. Existing operations within the AR zone may continue operation and
any existing operations above 200 animal units may be allowed for expansion as
a conditional use, subject to separation distance requirements in the Zoning By-
law (See Tables 5.3 and 5.4).
2) The number of animal units for a livestock operation shall be determined in
accordance with Table 5.5.
3) All new or expanding livestock operations shall require application for a
development permit. The application shall include the following information:
a) Description of the proposed new or expanding livestock operation including:
i. Number and type of animals;
ii. Number and type of animal housing and other buildings or structures related to
the livestock operation;
iii. Type and size of manure storage facility;
iv. Method of manure application;
v. Means of limiting manure runoff; and
vi. Means of odour control;
b) A site plan showing the location and distance from property lines of the
following:
i. Animal housing and other buildings or structures related to the livestock
operation;
ii. Manure storage facility; and
iii. Well;
c) Where a proposed new or expanding livestock operation is 300 AU or greater in
size, additional information may be required at the request of the Technical
Review Committee. This information shall be certified by a qualified agricultural
engineer or other professional acceptable to the TRC.
4) All proposed livestock operations shall meet the siting criteria outlined in Tables 5.3
and 5.4.
52
5) Council may impose the following conditions on an application for a livestock
operation:
a) Measures to ensure conformity with the applicable provisions of the
Development Plan and Zoning By-law;
b) Measures to implement recommendations of the Technical Review Committee;
c) One or both of the following measures intended to reduce odours from the
operation:
i. Requiring a cover on manure storage facilities and/or;
ii. Requiring shelterbelts to be established;
d) Require the applicant to enter into a development agreement regarding one or
more of the following matters:
i. The timing of construction;
ii. The control of traffic;
iii. The construction and maintenance of roads, fencing, landscaping, drainage
works, shelterbelts and/or;
iv. The payment of a sum of money to the Board or Council to be used by the
Board or Council to construct any of the items mentioned in clause (iii) above.
6) Where the proposed new or expansion of an existing livestock operation is within
one (1) mile of a Wildlife Management Area (WMA) as designated under the
Province's Protected Areas Initiative, the application shall be circulated to Manitoba
Conservation and Water Stewardship for review and comment.
7) The expansion of existing livestock facilities shall not be permitted within 328 feet
(100 metres) of the Red River.
8) For both new and expanding operations, a setback of 328 feet (100 metres) from
other major water bodies/rivers and from all surface watercourses including
roadside ditches and drains shall be required.
9) Where the proposed new or expansion of an existing livestock operation is less than
140 AU in size in the AG Zone, the Development Officer may approve the application
where satisfied the proposed livestock operation is in compliance with:
a) The applicable provincial and federal regulations and guidelines according to
statements from the responsible provincial agencies; and
b) The mutual separation distance requirements as established in the Provincial
Planning Regulation and The Environment Act.
10) Where the proposed new or expansion of an existing livestock operation is between
140 AU and 299 AU in the AG Zone, an application for a conditional use order must
be made, in accordance with Section 1.17 of this By-law.
11) Where the proposed new or expansion of an existing livestock operation is 300 AU
or greater, an application for a conditional use order must be made, in accordance
with Section 1.17 of this By-law. A copy of the application and all supporting material
53
shall be sent to the Minister as soon as reasonably practical in accordance with The
Planning Act; and shall be referred to the Provincial Technical Review Committee
(TRC) for review and consideration. Upon receipt of the TRC report, the Board shall
proceed in accordance with The Planning Act. The Board or Council may only
approve applications for conditional uses where:
a) The Technical Review Committee has determined, based on the available
information, that the proposed new or expanding livestock operation will not
create a risk to health, safety or the environment, or that any risk can be
minimized through the use of appropriate practices, measures and
safeguards; and
b) The Board or Council is satisfied that the proposed new or expanding livestock
operation will be compatible with the general nature of the surrounding area,
will not be detrimental to the health or general welfare of people living or
working in the surrounding area, or negatively affect other properties or
potential development in the surrounding area; and is generally consistent
with the applicable provisions of the Development Plan By-law, Zoning By-law
and any Secondary Plan.
5.4.1 Separation Distances for New Operations
The following separation distances shall apply to all new livestock operations within the
AG-Agricultural General Zone and AR-Agricultural Restricted Zone:
Table 5.3
Separation Distances for New Operations
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 (1,200)
2,625 (800)
201 - 300
1,312 (400)
656 (200)
5,249 (1,600)
3,511 (1,070)
301 - 400
1,476 (450)
738 (225)
5,906 (1,800)
3,937 (1,200)
401 - 800
1,640 (500)
820 (250)
6,561 (2,000)
4,364 (1,330)
801 - 1,600
1,968 (600)
984 (300)
7,874 (2,400)
5,269 (1,600)
1,601 - 3,200
2,297 (700)
1,148 (350)
9,186 (2,800)
6,135 (1,870)
3,201 - 6,400
2,625 (800)
1,312 (400)
10,499 (3,200)
6,988 (2,130)
6,401 - 12,800
2,953 (900)
1,476 (450)
11,811 (3,600)
7,874 (2,400)
> 12,800
3,281 (1,000)
1,640 (500)
13,123 (4,000)
8,760 (2,670)
5.4.2 Separation Distances for Expanding Operations
The following separation distances shall apply to all expanding livestock operations within
the AG-Agricultural General Zone and AR-Agricultural Restricted Zone:
54
Table 5.4
Separation Distances for Expanding Operations
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 (1,200)
2,625 (800)
201 - 300
1,312 (400)
656 (200)
5,249 (1,600)
3,511 (1,070)
301 - 400
1,476 (450)
738 (225)
5,906 (1,800)
3,937 (1,200)
401 - 800
1,640 (500)
820 (250)
6,561 (2,000)
4,364 (1,330)
801 - 1,600
1,968 (600)
984 (300)
7,874 (2,400)
5,269 (1,600)
1,601 - 3,200
2,297 (700)
1,148 (350)
9,186 (2,800)
6,135 (1,870)
3,201 - 6,400
2,625 (800)
1,312 (400)
10,499 (3,200)
6,988 (2,130)
6,401 - 12,800
2,953 (900)
1,476 (450)
11,811 (3,600)
7,874 (2,400)
> 12,800
3,281 (1,000)
1,640 (500)
13,123 (4,000)
8,760 (2,670)
55
Table 5.5
Calculation of Animal Units by Category of Livestock
AU Produced By
One Livestock
Livestock
Producing
One AU
Dairy
Milking cows (including associated livestock)
2
0.5
Beef
Beef cows (including associated livestock)
Backgrounder
Summer pasture/replacement heifers
Feeder Cattle
1.25
0.5
0.625
0.769
0.8
2
1.6
1.3
Hogs
Sows, farrow to finish
Sows, farrow to weanling
Sows, farrow to nursery
Weanlings
Growers/finishers
Boars (artificial insemination operations)
1.25
0.25
0.313
0.033
0.143
0.2
0.8
4
3.2
30
7
5
Chickens
Broilers
Roasters
Layers
Pullets
Broiler Breeder Pullets
Broiler Breeder Hens
0.005
0.01
0.0083
0.0033
0.0033
0.01
200
100
120
300
300
100
Turkeys
Broilers
Heavy Toms
Heavy Hens
0.01
0.02
0.01
100
50
100
Horses
Mares (including associated livestock)
1.333
0.75
Sheep
Ewes (including associated livestock )
Feeder lambs
0.2
0.063
5
16
56
PART 6: RESIDENTIAL ZONES
6.1
Residential Zones
The following residential zones are hereby established:
a) "RG" Single-Family Residential Zone provides for the development of single-
family dwellings, two-family dwellings and multi-family dwellings in an urban
context.
b) "RR" provides for the development of single-family dwellings, generally reliant
on onsite water and wastewater infrastructure, in a rural context.
6.2
General Provisions for Residential Zones
The following provisions apply to lands zoned RG
a) All provisions pertaining to residential zones within this part;
b) The provisions of Part 1: Administration, Part 2: Definitions; Part 3: General Rules
and Regulations; and the Zoning Maps [Schedule A]; and
c) Part 11: Use Specific Standards as applicable.
6.3
Minimum Dwelling Size
The minimum dwelling unit area of a single-family or two-family dwelling shall be 800
square feet for each dwelling unit.
6.4
Exceptions for Residential Zones (RG)
For single-family and two-family dwellings in the RG zone, the following side yard
exceptions apply:
a) The minimum side yard on the street side of a corner site shall be fifteen (15)
feet.
b) Accessory buildings located to the rear of the main building shall have a
minimum side yard of two (2) feet unless the site is a corner site, in which case
the minimum side yard shall be fifteen (15) feet.
c) Without a lane at the rear of the site, one side yard shall be ten (10) feet except
where an attached garage or carport is provided at the side of the main building.
d) Fences and hedges located on the street side of a corner site shall not exceed a
height of 3.5 feet, unless set back a distance of fifteen (15) feet in which case
said height shall not exceed six (6) feet.
6.5
Permitted Accessory Uses
In the Residential Zones, accessory uses, structures and buildings include the following:
a) A children's playhouse, garden house, gazebo, private greenhouse, summer house,
conservatory, swimming pool or hot tub,
b) Decks, patios, wheelchair ramps, statuary, light fixtures, fences and walls,
c) A private garage, carport, covered patio, shed or similar building,
d) Accessory off-street parking areas,
e) Private communications facilities,
f) Signs as permitted and regulated in Part 12 of this By-law,
57
g) Refuse and garbage areas separate from required parking areas, buffers and open
spaces for multi-family dwellings and other permitted or approved uses. The
location and size of the area within the zoning site shall be subject to the approval
of Council, and
h) Other accessory uses and structures consistent with those permitted in the
residential zones at the discretion of the Development Officer.
58
Table 6.1
RG Residential General Zone
The RG zone provides for the development of a range of residential dwellings.
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max. Requirements
Site Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard1
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Coverage
(%)
Bed & Breakfast
C*
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Child Care Services
P
10,000
100
30
5
25
30
60
Dwelling, Multi-Family
C
10,0002
100
30
15
25
30
60
Dwelling, Single-Family
P
5,000
50
30
5
25
30
40
Dwelling, Two-Family
C
7,500
75
30
5
25
30
60
Education Service
C
10,000
100
30
15
25
30
40
Group Home
C
5,000
50
30
5
25
30
40
Home-Based Business
P*
n/a
n/a
n/a
n/a
n/a
n/a
n/a
House, Boarding or Lodging
C
5,000
50
30
15
25
30
40
Mobile Home Parks
C
15,000
200
30
15
25
30
40
Public Park
P
n/a
n/a
30
5
25
n/a
n/a
Public Utility
P
n/a
n/a
30
5
25
30
n/a
Religious Assembly
C
10,000
100
30
15
25
30
40
Residential Care Facility
C
10,000
100
30
15
25
30
40
Secondary Suite
C*
n/a
n/a
30
5
2
30
15
Accessory buildings and structures
P
n/a
n/a
30
5
2
15
153
1 See Section 6.3
2 Multi-family dwellings require a minimum site area of 10,000 square feet plus 1,000 sq.ft. for each dwelling unit.
3 Site coverage is cumulative for all accessory buildings and structures.
Table 6.2
RR Rural Residential Zone
The RR zone provides for the development of single-family dwellings, generally reliant on onsite
water and wastewater infrastructure, in a rural context.
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max. Requirements
Site Area
(acres)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Coverage
(%)
Bed & Breakfast
P*
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Child Care Services
P
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Dwelling, Single-Family
P
2
200
50
25
25
30
40
Group Home
C
2
200
50
25
25
30
40
Hobby Farm / Stable
C*
4
200
75
25
25
30
40
Home-Based Business
P*
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Home Industry
C*
n/a
n/a
75
15
15
30
15
Public Park
P
n/a
n/a
30
5
25
n/a
n/a
Public Utility
P
n/a
n/a
30
5
25
30
n/a
Secondary Suite
C*
n/a
n/a
75
15
15
30
15
Accessory buildings and structures
P
n/a
n/a
75
15
15
30
15
59
PART 7: COMMERCIAL ZONES
7.1
Commercial Zones
The following commercial zones are hereby established:
a) "CH" Highway Commercial Zone provides for appropriate commercial uses
adjacent to the main highways for the purpose of servicing the travelling public
and for providing commercial space for those businesses, which, by their nature,
require a highway location for access and/or display purposes.
b) "CC" Central Commercial Zone provides land for the development of intensive
retail, business, service and administrative uses.
7.2
General Provisions for Commercial Zones
The following provisions apply to lands zoned CC and CH:
a) Where any land or building is used for more than one purpose, all provisions of
this By-law relating to each use shall be satisfied. Where there is conflict such as in
the case of site area and frontage, the higher or more stringent requirement shall
prevail;
b) All provisions pertaining to commercial zones within this part;
c) The provisions of Part 1: Administration, Part 2: Definitions; Part 3: General Rules
and Regulations; and the Zoning Maps [Schedule A]; and
d) Part 11: Use Specific Standards as applicable.
7.3
Permitted Accessory Uses
In the Commercial Zones, accessory uses, buildings and structures include the following:
a) The production, processing, cleaning, servicing, altering, testing, repair or storage
of merchandise normally incidental to business and personal service and
mercantile occupancies if conducted by the same ownership as the principal use
and contained within a completely enclosed building,
b) A children's playhouse, garden house, gazebo, private greenhouse, summer house,
conservatory, swimming pool or hot tub,
c) Decks, patios, wheelchair ramps, statuary, light fixtures, fences and walls,
d) A garage, carport, covered patio, shed or similar building,
e) Accessory off-street parking areas,
f) Private communications facilities,
g) Signs as permitted and regulated in Part 12 of this By-law,
h) Off-street parking and loadings spaces as required in Sections 3.24-3.26,
i) Refuse and garbage areas separate from required parking areas, buffers and open
spaces. The location and size of the area within the zoning site shall be subject to
the approval of Council, and
j) Other accessory uses and structures consistent with those permitted in the
commercial zones at the discretion of the Development Officer.
60
Table 7.1
CH Highway Commercial Zone
The CH zone provides for appropriate commercial uses adjacent to highways for the purposes of
servicing the travelling public and for providing commercial space for those businesses which, by their
nature, require a highway location for access and/or display purposes.
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max. Requirements
Site Area
(sq.ft.)
Site
Width
(ft)
Front
Yard1
(ft)
Side
Yard1
(ft)
Rear
Yard1
(ft)
Height
(ft)
Site
Coverage
(%)
Automobile Service Station and Gas Bar
P
30,000
300
452
15
15
30
40
Automobile, Recreational Vehicle or
Farm Implement Sales/Rentals
P
30,000
150
125
15
15
30
40
Bulk Storage
C
Eating & Drinking Establishment
P
Emergency Service
P
Garden Centres, Farmers' Markets &
Produce Stands
P
Government Service
P
Greenhouse, Plant & Tree Nursery
P
Hotel / Motel
P
Portable Asphalt Plant
C
30,000
150
125
25
25
30
40
Public Utility
P
Recycling Facility
C
Self-Service Storage Facility
P
Retail Sales & Service
P
15,000
100
20
5
5
30
60
Trucking Operation
P
15,000
150
125
25
25
30
40
Warehouse Sales
P
Accessory buildings and structures
P
n/a
n/a
125
15
15
30
15
1 The requirement for yards abutting a Provincial Trunk Highway (P.T.H.) or a Provincial Road (P.R.) is subject to approval by
Manitoba Infrastructure or appropriate government department when not meeting regulatory requirements. Permits are
required from Manitoba Infrastructure for any structure/construction/development proposed within the controlled area
adjacent to the provincial highway systems.
2 Fuel pumps shall have a minimum front yard of 25 feet.
61
Table 7.2
CC Central Commercial Zone
The CC zone provides for the development of retail, business, service and administrative uses in the
Settlement Centers of St. Jean Baptiste and Letellier.
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max. Requirements
Site Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard1,2
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Coverage
(%)
Automobile Service Station
P
10,000
100
20
5
5
35
60
Animal Shelter & Veterinary Service
C
10,000
100
20
5
5
35
60
Auctioneering Establishment
C
10,000
10
20
5
5
35
60
Business Support Services
P
2,500
25
2
0
20
35
60
Club, Private, Non-Profit & Recreational
P
5,000
50
20
5
20
35
60
Community Centre
P
10,000
100
20
5
5
35
60
Convenience Store
P
2,500
25
2
0
20
35
60
Custom Manufacturing Establishments
C
5,000
50
20
5
20
35
60
Eating & Drinking Establishment
P
5,000
50
20
5
20
35
60
Dwelling, Multi-family
C
10,000
100
20
5
5
35
60
Education Service
P
5,000
50
20
5
20
35
60
Emergency Service
P
Funeral Service
P
15,000
100
20
5
5
35
60
Gas Bar
P
10,000
100
20
5
5
35
60
Government Service
P
5,000
50
20
5
20
35
60
Health Service
P
Hotel / Motel
P
15,000
100
20
5
5
35
60
Household Repair Service
P
2,500
25
2
0
20
35
60
Indoor Participant Recreation Service
P
5,000
50
20
5
20
35
60
Information Technology Use
P
2,500
25
2
0
20
35
60
Kennel
C
10,000
100
20
5
5
35
60
Outdoor Amusement Establishment
C
10,000
100
20
5
5
35
60
Outdoor Participant Recreation Service
C
10,000
100
20
5
5
35
60
Parking, Surface Lot
C
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Personal Service Shop
P
2,500
25
2
0
20
35
60
Place of Assembly
P
5,000
50
20
5
20
35
60
Professional, Financial & Office Support Service
P
2,500
25
2
0
20
35
60
Public Library & Cultural Exhibit
P
5,000
50
20
5
20
35
60
Public Park
P
n/a
n/a
20
5
20
n/a
n/a
Public Utility
P
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Research Institution
C
5,000
50
20
5
20
35
60
Residential Care Facility
C
20,000
100
20
15
20
35
60
Retail Sales & Service
P
2,500
25
2
0
20
35
60
Accessory buildings and structures
P
n/a
n/a
30
5
5
15
10
1 The minimum side yard on the street side of a corner site shall be two (2) feet.
2 Multi-family dwellings require a minimum site area of 10,000 square feet plus 1,000 sq. ft. for each dwelling unit.
62
PART 8: INDUSTRIAL ZONES
8.1
Industrial Zones
The following industrial zone is hereby established:
a) "MG" Industrial General Zone provides for construction, manufacturing,
processing, distribution, transportation and warehouse uses.
8.2
General Provisions for Industrial Zones
The following provisions apply to lands zoned MG:
a) All provisions pertaining to industrial zones within this part;
b) The provisions of Part 1: Administration, Part 2: Definitions; Part 3: General Rules
and Regulations; and the Zoning Maps [Schedule A]; and
c) Part 11: Use Specific Standards as applicable.
8.3
Permitted Accessory Uses
In the Industrial General Zone, accessory uses, buildings and structures include the
following:
a) The production, processing, cleaning, servicing, altering, testing, repair or storage
of merchandise normally incidental to the principal use,
b) Storage of goods used in or produced by manufacturing activities on the same
zoning site with such activities unless such storage is excluded by the zoning
regulations,
c) A dwelling or mobile home for a watchman or caretaker if, in Council's opinion, it
is deemed necessary and essential to be located on the same site as the principal
use,
d) Decks, patios, wheelchair ramps, statuary, light fixtures, fences and walls,
e) A garage, shed or storage building incidental to a permitted or conditional use,
f) Off-street parking and loading spaces as required in Section 3.24-3.26,
g) Private communications facilities,
h) Signs as permitted and regulated in Part 12 of this By-law,
i) Refuse and garbage area separate from required parking areas, buffers and open
spaces. The location and size of the area within the zoning site shall be subject to
the approval of Council, and
j) Other accessory uses and structures consistent with those permitted in the
industrial zones at the discretion of the Development Officer.
63
Table 8.1
MG Industrial General Zone
The MG zone provides for construction, manufacturing, processing, distribution, transportation
and warehouse uses.
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max. Requirements
Site
Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard1
(ft)
Rear
Yard1
(ft)
Height
(ft)
Site
Coverage
(%)
Agrichemical Storage Facility
C
15,000
100
20
15
15
30
60
Agricultural Processing Facility
C
Anhydrous Ammonia Facility
C
Auctioneering Establishment
C
Bulk Storage
C
Automobile Wrecking
C
Concrete Batch Plant or Asphalt Plant
C
Contractors Yard
P
20,000
150
20
15
15
30
60
Custom Manufacturing Establishments
P
15,000
100
20
15
15
30
60
Direct to Rail Facility
C
40,000
200
30
25
25
30
n/a
Emergency Service
P
15,000
100
20
15
15
30
60
General Contractor Service
P
General Storage
P
Government Service
P
Indoor Participant Recreation Service
C
Information Technology Use
P
Kennel
C
Light Industrial Use
P
Limited Contractor Service
P
Manufacturing Use
C
Portable Asphalt Plant
C
Public Utility2
P
Recycling Facility
P
Research Institution
C
Salvage Operation / Yard
C
Self-Service Storage Facility
P
Sewage Treatment Site
P
20,000
150
20
15
15
30
60
Trucking Operation
P
15,000
100
20
15
15
30
60
Warehouse Sales
P
Waste Disposal Site
C
20,000
150
20
15
15
30
60
Any permitted or conditional use in
the "CH" or "CC" zones
C
See Table 7-1 for requirements
Accessory buildings and structures
P
n/a
n/a
20
15
15
30
15
*Side and rear yards abutting a residential zone shall be a minimum of twenty (20) feet.
64
PART 9: PARKS AND RECREATION AND INSTITUTIONAL ZONES
9.1
Parks and Recreation and Institutional Zones
The following zones are hereby established:
a) "PR" Parks and Recreation Zone provides land to accommodate public
recreational uses.
b) "I" Institutional Zone provides land to accommodate governmental, educational,
and institutional uses.
9.2
General Provisions
The following provisions apply to lands zoned PR and I:
a) All provisions pertaining to Parks and Recreation and Institutional zones within this
part;
b) The provisions of Part 1: Administration, Part 2: Definitions; Part 3: General Rules
and Regulations; and the Zoning Maps [Schedule A]; and
c) Part 11: Use Specific Standards as applicable.
9.3
Permitted Accessory Uses
In the PR and I zones, accessory uses, buildings and structures include the following:
a) A dwelling or mobile home for a watchman or caretaker if, in Council's opinion, it
is deemed necessary and essential to be located on the same site as the principal
use,
b) Decks, patios, wheelchair ramps, statuary, light fixtures, fences and walls,
c) A garage, shed or storage building incidental to a permitted or conditional use,
d) Off-street parking and loading spaces as required in Section 3.24-3.26,
e) Private communications facilities,
f) Signs as permitted and regulated in Part 12 of this By-law,
g) Refuse and garbage areas separate from required parking areas, buffers and open
spaces. The location and size of the area within the zoning site shall be subject to
the approval of Council, and
h) Other accessory uses and structures consistent with those permitted in the Parks
and Recreation and Institutional zones at the discretion of the Development
Officer.
65
Table 9.1
Parks and Recreation Zone
The PR zone provides land to accommodate public recreational uses.
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max. Requirements
Site Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Coverage
(%)
Cemetery
P
10,000
75
20
15
15
30
n/a
Club, Private, Non-Profit & Recreational
C
10,000
75
20
15
15
30
40
Community Centre
C
20,000
150
20
15
15
30
n/a
Indoor Participant Recreation Service
C
Outdoor Amusement Establishment
C
Outdoor Participant Recreation Service
C
Public Park
P
n/a
n/a
30
15
15
n/a
n/a
Public Utility
P
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Accessory Buildings & Structures
P
n/a
n/a
30
5
5
15
10
Table 9.2
Institutional Zone
The I zone provides land to accommodate governmental, educational, and institutional uses.
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max. Requirements
Site
Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Coverage
(%)
Cemetery
P
20,000
150
20
15
15
30
90
Child Care Services
P
10,000
100
20
5
5
30
40
Club, Private, Non-Profit & Recreational
P
20,000
150
20
15
15
30
40
Community Centre
P
20,000
150
20
15
15
30
40
Eating & Drinking Establishment
(when secondary to a permitted use)
C
See site requirements for permitted principal use
Education Service
P
20,000
150
20
15
15
30
40
Emergency Service
P
20,000
150
20
15
15
30
40
Extended Medical Treatment Service
P
20,000
150
20
15
15
30
40
Funeral Service
P
20,000
150
20
15
15
30
40
Government Service
P
Health Service
P
10,000
100
20
5
5
30
40
Public Library & Cultural Service
P
10,000
100
20
5
5
30
40
Public Park
P
n/a
n/a
30
15
15
n/a
n/a
Public Utility
P
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Religious Assembly
P
20,000
150
20
15
15
30
40
Research Institution
C
Residential Care Facility
P
Spiritual and Cultural Retreats/Facilities
P
20,000
150
20
15
15
30
40
Accessory Buildings & Structures
P
n/a
n/a
30
5
5
15
10
66
PART 10: GENERAL DEVELOPMENT ZONES
10.1 General Development Zones
The following zones are hereby established:
a) "GD" General Development Zones provides for a wide range of residential,
commercial, and industrial uses within a smaller settlement centre.
10.2 General Provisions
The following provisions apply to lands zoned GD:
a) All provisions pertaining to General Development zones within this part;
b) The provisions of Part 1: Administration, Part 2: Definitions; Part 3: General Rules
and Regulations; and the Zoning Maps [Schedule A]; and
c) Part 11: Use Specific Standards as applicable.
10.3
Permitted Accessory Uses
In the GD zones, accessory uses, buildings and structures include the following:
a) A children's playhouse, garden house, gazebo, private greenhouse, summer
house, conservatory, swimming pool or hot tub,
b) Decks, patios, wheelchair ramps, statuary, light fixtures, fences, and walls,
c) A private garage, carport, covered patio, shed or similar building,
d) Accessory off-street parking areas,
e) Private communication facilities,
f) Signed as permitted and regulation in Part 12 of this By-law,
g) The production, processing, cleaning, altering, testing, repair or storage of
merchandise normally incidental to business and personal service and mercantile
occupancies if conducted by the same ownership as the principal use and
contained within a completely enclosed building.
h) Storage of goods used in or produced by manufacturing activities.
i) Off-Street parking and loading spaces as required in Sections 3.24-3.26,
j) Refuse and garbage areas separate from required parking areas, buffers and open
spaces. The location and size of the area within the zoning site shall be subject to
the approval of Council, and
k) Other accessory uses and structures consistent with those permitted in the
commercial zones at the discretion of the Development Officer
67
Table 10.1
GD General Development Zone
The GD zone provides for a wide range of residential, commercial, and industrial uses within
smaller settlement centres.
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max. Requirements
Site Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard1
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Coverage
(%)
Automobile Service Station and Gas
Bar
C
30,000
150
125
15
15
30
40
Bed & Breakfast
C*
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Bulk Storage
C
5,000
50
30
5
25
30
60
Business Support Services
P
5,000
50
30
5
25
30
60
Cemeteries
C
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Convenience Store
P
5,000
50
30
5
25
30
60
Child Care Services
P
10,000
100
30
15
25
30
60
Community Centre
C
10,000
100
30
15
25
30
60
Contractors Yard
C
20,000
150
30
25
15
30
60
Club, Private & Recreational
P
5,000
50
30
5
25
30
40
Custom Manufacturing
Establishments
C
5,000
50
30
5
25
30
40
Dwelling, Multi-Family
C
10,000
100
30
15
25
30
60
Dwelling, Single-Family
P
5,000
50
30
5
25
30
40
Dwelling, Two-Family
C
7,500
75
30
5
25
30
60
Education Service
C
10,000
100
30
15
25
30
40
General Storage
P
5,000
50
30
5
25
30
40
Group Home
C
5,000
50
30
5
25
30
40
Eating & Drinking Establishments
P
5,000
50
30
5
25
30
40
Home-Based Business
P*
n/a
n/a
n/a
n/a
n/a
n/a
n/a
House, Boarding or Lodging
C
5,000
50
30
5
25
30
40
Light Industrial Use
C
15,000
100
20
15
15
30
60
Manufacturing Use
C
15,000
150
30
15
15
30
60
Mobile Home Parks
C
15,000
150
30
15
25
30
40
Outdoor Participant Recreation
Service
C
20,000
150
30
25
15
30
60
Professional, Financial & Office
Support Service
P
5,000
50
30
5
25
30
40
Public Library & Cultural Service
C
10,000
100
30
15
25
30
40
Public Park
P
n/a
n/a
30
5
25
n/a
n/a
Public Utility
P
n/a
n/a
30
5
25
30
n/a
Religious Assembly
C
10,000
100
30
15
25
30
40
Residential Care Facility
C
10,000
100
30
15
25
30
40
Retail Sales & Service
P
5,000
50
30
5
25
30
40
Secondary Suite
C*
n/a
n/a
30
5
2
30
15
Accessory buildings and structures
P
n/a
n/a
n/a
n/a
n/a
n/a
n/a
68
PART 11: USE-SPECIFIC STANDARDS
11.1 Home Industries
A Home Industry may be allowed in zones where it is a Permitted Secondary Use or a
Conditional Secondary Use only if the following standards are met:
a) The proponent of the Home Industry must obtain a Development Permit before
establishing or expanding a Home Industry on a site.
b) The Home Industry will not create unsightly appearances or disturbances that may be
deemed by Council as unsuitable.
c) The Home Industry will not create a potential for conflict with activities that would
normally occur in the affected zone.
d) In the RR zone, exterior storage of products or materials must be limited to the rear
yard. The storage shall be screened and shall not project above the height of a fence
or screening.
e) In the RR zone, the area used to carry out the Home Industry shall not occupy more
than 1,000 square feet (92.9 square metres).
f) Signage for the Home Industry shall be located on the subject property and limited to
one non-illuminated (or indirectly illuminated) sign not to exceed:
i. 32 square feet (3 square metres) in the AG and AR zones; or
ii. 16 square feet (1.5 square metres) in the RR zone.
g) A Home Industry shall be conducted by a resident or residents of the dwelling unit to
which the Home Occupation is secondary, and may employ a maximum of:
i. 5 non-resident persons in the AG and AL zones; or
ii. 2 non-resident persons in the RR zone.
On-site parking spaces for each employee must be provided.
h) In the case of rental premises, the proponent will be required to obtain the
permission of the owner of the premises before a Development Permit will be issued.
i) A permit may be required from Manitoba Infrastructure or the appropriate Provincial
Department to change or intensify the use of an existing structure or to intensify the
use of an existing access to a provincial road or provincial trunk Highway.
11.2 Home-Based Businesses
Use
AG
AR
RR
RG
CH
CC
MG
PR
I
GD
Home
Industries
C*
C*
C*
P = Permitted
C = Conditional
* = Use-Specific Standard Applies
Use
AG
AR
RR
RG
CH
CC
MG
PR
I
GD
Home-Based
Businesses
P*
P*
P*
P*
P*
P = Permitted
C = Conditional
* = Use-Specific Standard Applies
69
Home-Based Businesses are governed by the conditions imposed by Council and the
following:
a) They shall be conducted by a person or persons residing in the dwelling.
b) In the RG zone there can be no processing or outside storage of goods or materials.
c) Not have more than forty (40) percent of the total floor area of buildings on the site
devoted to the business.
d) One business sign, either freestanding or affixed to the wall of a principal or
accessory building, is permitted, not exceeding 10 square feet.
e) The Home-Based Business shall not generate undue traffic or congestion, adversely
affect the amenity and convenience of the neighbourhood, or create a nuisance,
and if located in the vicinity of a provincial highway should not impair the safe and
efficient operation of the highway.
f) A permit to establish a Home-Based Business is required. Application must be made
to the Development Officer and include information detailing the proposed
business and an indication of where any materials, equipment or vehicles associated
with the office are to be stored.
g) A permit may be required from Manitoba Infrastructure or the appropriate
Provincial Department to change or intensify the use of an existing structure or to
intensify the use of an existing access to a provincial road or provincial trunk
highway.
11.3
Bed and Breakfast Facilities
A Bed and Breakfast Facility shall comply with the following regulations:
a) There will be no exterior display or advertisement larger than 4.0 sq.ft. (0.37 sq.m.)
in area, no sign shall be illuminated and any sign must be compatible with the
character of the area;
b) The Bed and Breakfast home shall not generate vehicular traffic or parking in excess
of what is normally characteristic of the area;
c) The Bed and Breakfast home shall be operated by a live-in owner as a secondary
use only, have a maximum of eight accommodation units, and shall not change the
principal residential character or external appearance of the dwelling;
d) Meals shall be limited to the occupants of the dwelling and resident guests with no
cooking facilities allowed in the guest rooms;
e) Catering to social functions is not permitted on site;
f) In addition to the parking for the primary use, one additional on-site parking space
shall be provided for each accommodation unit; and
g) Approved smoke detectors shall be required:
i.
in every sleeping room in the Bed and Breakfast home; and
Use
AG
AR
RR
RG
CH
CC
MG
PR
I
GD
Bed and
Breakfast
Facilities
P*
C*
C*
P = Permitted
C = Conditional
* = Use-Specific Standard Applies
70
in the common corridor of every storey or floor level, even if no sleeping
accommodation is provided on that storey or floor level, the smoke
detectors are to be electronically hard-wired to each other.
11.4
Secondary Suites
Secondary suites are only permitted if they comply with the following regulations:
a) Not more than one (1) secondary suite shall be permitted on a single zoning site.
b) The principal dwelling must be an existing permanent structure.
c) The principal dwelling must be occupied by the owner of the property.
d) A minimum of one (1) off-street parking space must be provided for each
secondary suite, in addition to the parking required for the principal building.
e) The maximum floor area of the secondary suite shall not exceed 860 square feet
(80 square metres) or 40% of the total habitable floor space of the principal
building (whichever is the lesser).
f) A building permit will be obtained for the development of a Secondary Suite, and
the development must conform to the Manitoba Building Code.
11.5
Temporary Additional Dwellings
Temporary additional dwellings will be considered as a conditional use within
agricultural zones. The conditions and standards for temporary additional dwellings are
as follows:
a) Only owner-occupiers of the principal dwelling are permitted to place a temporary
additional dwelling.
b) The additional dwelling shall be temporary in nature. It shall be placed on a
concrete pad and post foundation only, and is to be removed upon the cessation
of occupancy for which it is intended.
c) The front, side and rear yard requirements applicable to the principal dwelling
shall be complied with in the placement of the additional dwelling unit.
d) The unit shall meet all applicable codes for single-family detached dwellings or
mobile homes.
e) Hydro and sewer services shall, where feasible, be connected to existing facilities
upon approval by local and provincial authorities.
f) Sewage disposal for the additional unit shall be provided by means of a sewage
holding tank, and in accordance with applicable provincial regulations.
Use
AG
AR
RR
RG
CH
CC
MG
PR
I
GD
Secondary
Suites
C*
C*
C*
C*
C*
P = Permitted
C = Conditional
* = Use-Specific Standard Applies
Use
AG
AR
RR
RG
CH
CC
MG
PR
I
GD
Temporary
Additional
Dwellings
C*
C*
P = Permitted
C = Conditional
* = Use-Specific Standard Applies
71
g) Council may impose any other reasonable conditions deemed necessary to protect
adjoining properties and the public welfare.
11.6
Portable Garages
The installation of a portable garage shall be allowed as an accessory use with a permit
as per the R.M. of Montcalm Building By-law only if the following standards are met:
a) A portable garage is not allowed within the required front yard of a site.
b) A portable garage must meet the requirements for accessory building side and
rear yard requirements.
c) A portable garage must not exceed the height and area restrictions for accessory
buildings in the zone in which it is located.
d) A portable garage must be placed on a driveway or parking space.
e) A portable garage must be kept in good condition. Any rip in the fabric must be
repaired.
f) A maximum of one (1) portable garage is allowed on a site.
11.7 Shipping Containers
The following provisions shall apply to shipping containers:
a) Shall require a conditional use permit in the "CH" and "MG" Zoning Districts, shall
be a permitted use in the "AG" and "AR" Zoning Districts and shall not be placed
within any Residential Zoning Districts;
b) Shall not be the sole structure on any property;
c) Shall only be used for accessory storage to a permitted use, and shall not be used
for human habitation, display, advertising, screening, or fencing;
d) Shall only be located to the side or the rear of the permitted use provided that it
is:
i.
Screened from view from any public street and abutting properties;
ii.
Complies with the site coverage and setback requirements of the zone;
iii.
Not located in any required yard; and
iv.
Not located in any required parking areas or landscape buffer.
e) Shall be included in all calculations for the purpose of determining maximum site
coverage.
f) Shall be kept in good condition, free from graffiti, rust, peeling, paint and any
other form of visible deterioration;
g) Shall not be stacked one on top of the other;
h) The maximum number of shipping containers on any property shall be limited to
two (2);
i) Notwithstanding the above, when actively used for the transportation of goods
and materials within the "CH" and "MG" Zones, no maximum shall apply; and
Use
AG
AR
RR
GD
CH
CC
MG
PR
I
GD
Shipping
Containers
P*
P*
C*
C*
P = Permitted
C = Conditional
* = Use-Specific Standard Applies
72
j) Notwithstanding the above, a shipping container may be permitted for temporary
storage on construction.
11.8 Swimming Pools and Hot Tubs
Swimming pools, hot tubs and similar structures with a water depth of greater than two
(2) feet, shall be allowed as a permitted accessory use to a residential use, recreational
or commercial development provided that:
a) they meet the siting requirements of accessory structures for the zone in which
they are located;
b) the pool area is protected by a fence with lockable gates and a minimum height of
six (6) feet (1.83m) to prevent unauthorized entry. The fence and gate must be
constructed so as to prevent a child from climbing over or crawling underneath;
c) hot tubs shall have a lockable cover; and
d) a Development Permit is issued under this By-law.
Nothing in this subsection shall relieve any such structure from complying with the
requirements under the Building By-law or applicable provincial regulations including
The Manitoba Building Code and The Public Health Act.
11.9 Hobby Farms
The following requirements must be met for all cases where livestock or other animals
(excluding pets) are sheltered, bred, raised or sold for hobby farm purposes:
a) The amount of animals kept on one zoning site must not meet or exceed ten (10)
Animal Units (A.U.). Where ten (10) or more A.U. are kept on one (1) zoning site,
the use shall be considered and regulated as a livestock operation.
b) A maximum of one Animal Unit (cumulative across species) is permitted for every
two (2) acres of site area.
c) The keeping of livestock must adhere to all local, provincial and federal health and
agriculture regulations in addition to the standards in this By-law.
d) Any ground-level structure intended for the keeping of animals must maintain a
minimum setback of 15 feet (4.5 metres) from any site line.
e) Animal feed must be properly stored in enclosed vessels, and areas or enclosures
intended for the keeping of animals must be properly cleaned and maintained to
prevent odours from emanating onto abutting properties.
Use
AG
AR
RR
RG
CH
CC
MG
PR
I
GD
Hobby Farms
P*
P*
C*
P = Permitted
C = Conditional
* = Use-Specific Standard Applies
73
11.10 Wind Energy Generating Systems (WEGS)
Standards for Wind Energy Generating Systems
In the Agricultural Zones, the following provisions shall apply to the development of
Wind Energy Generation Systems (WEGS) as conditional uses on sites within the "AG"
Agricultural General Zone and the "AR" Agricultural Restricted Zone. The Agricultural
land uses may co-exist with WEGS on these parcels.
a) A conditional use application to establish one or more WEGS may include one or
more turbine(s) on a parcel of land, or a network of turbines and associated
structures located on different parcels of land at different locations in the R.M. of
Montcalm, provided that all structures will be operated by the same corporate
entity. For the purposes of this By-law, an application involving more than one
parcel of land and WEGS shall be processed as one application, with provisions that
a separate conditional approval shall be issued for each separate parcel of land and
or WEG.
b) Proponents of a WEGS shall submit, to the Development Officer, a detailed site plan
showing the location of all wind turbines, electrical lines (above or below ground),
on-site roads and driveways providing access to the public road system as part of the
conditional use application. Proposals for additional infrastructure will require
additional conditional use approval.
c) Proponents of a WEGS are responsible for obtaining any required Federal and/or
Provincial permits or approvals from agencies such as but not limited to Transport
Canada, NAV Canada, Manitoba Hydro, Manitoba Infrastructure and Manitoba
Sustainable Development, prior to the issuance of a development permit.
d) When locating a proposed wind turbine in the vicinity of any registered or certified
airport all Transport Canada regulations or recommendations for certified airports
regarding height and location of surrounding buildings and structures shall be
followed.
e) A development permit shall be obtained prior to the commencement of
construction.
f) The colour scheme of a commercial wind turbine and associated signage shall be
arranged so that it does not create glare at any nearby property or public roadway.
Both of these items must be dealt with in a manner consistent with any applicable
Federal Government regulations.
g) All private single wind turbine systems located on the same site in direct support of
either a permitted or conditionally approved single private agricultural activity shall
be treated as an accessory structure. This structure shall be set back from the
property line a minimum distance equal to its total height, measured from the
ground to the extent of its rotors.
Use
AG
AR
RR
RG
CH
CC
MG
PR
I
GD
Wind Energy
Generation
Systems
(WEGS)
C*
C*
P = Permitted
C = Conditional
* = Use-Specific Standard Applies
74
h) The WEGS shall be separated by a distance of two thousand six hundred and forty
feet (2640 ft) from any Wildlife Management Area or Provincial Park.
i) Wind turbine generator towers should be set back sufficiently from the provincial
highway right-of-way so that if the structure should fail, the highway right-of-way
will not be impacted. Wind turbines should be setback 1.5 times of the total height
of a tower, measured from the ground to the extent of its rotors, from the provincial
highway right-of-way.
11.11 Industrial Performance Standards
In the Industrial Zone, any operation producing intense glare or heat shall be performed
within a completely enclosed building in such a manner as not to be perceptible at or
beyond any site line. Exposed sources of light shall be shielded so as not to create a
nuisance across any site line.
The storage, use or manufacture of flammable materials, solid or otherwise, shall be in
accordance with the regulations of the National Fire Code.
Notwithstanding anything herein contained, no use that may be noxious or offensive by
reason of the emission or production of odour, dust, refuse matter, wastes, vapour,
smoke, gas, vibration or noise shall be permitted in any zone unless the use is permitted
in the subject zone or measures satisfactory to Council are undertaken to mitigate or
eliminate such effects.
A Development Permit shall be required in all agricultural zones for the stockpiling and
removal of topsoil from any site and/or the expansion of any such operation, and shall
be subject to the Rural Municipality of Montcalm Topsoil Licensing By-law.
Council shall consult with the appropriate provincial departments prior to issuance of
the above permit.
11.12 Anhydrous Ammonia Facilities
Anhydrous Ammonia Facilities shall be located at least:
a) 5,000 feet (1,524.0m) from the lot line of any evacuation-sensitive facilities such as
schools, hospitals, senior citizens' home, and other institutional facilities;
b) 5,000 feet (1,524.0m) from any village or settlement centre;
c) 1,640 feet (500.0m) away from any dwelling;
d) 160 feet (50m) away from any creek, stream or environmentally sensitive area;
and
e) 328 feet (100.0m) from the edge of the right-of-way of a Provincial Road or
Highway.
Use
AG
AR
RR
RG
CH
CC
MG
PR
I
GD
Anhydrous
Ammonia
Facilities
C*
C*
C*
P = Permitted
C = Conditional
* = Use-Specific Standard Applies
75
11.13 Dangerous Goods or Agrichemical Storage Facility
Dangerous Goods or Agrichemical Storage Facilities shall be located at a minimum
distance of 165 feet (50.2m) from the site lines of the following zones: RG, RR, I, and CC.
76
PART 12: SIGNAGE REGULATIONS
12.1
Sign Definitions
Address Sign means a sign, generally applied to a building wall that displays a building's address.
Advertising Sign means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered elsewhere upon the same zoning site where the sign
is maintained, including a billboard sign.
Apex means the highest point of a sign as measured from the point on the ground where its
structure is located, or, if no sign structure is present, from the point on the ground directly below
the sign itself.
Awning Sign means lettering applied directly on the valance or other vertical portion of an
awning.
Bulletin Board means a sign of permanent character, but with movable letters, words or
numerals indicating the names of persons associated with, or event conducted upon, or products
or services offered upon the premises upon which a sign is maintained, e.g. school, church,
community centre bulletin board and similar uses.
Business Sign means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered upon the same zoning site where the sign is
maintained.
Clearance means the height above the walkway, or other surface if specified, of the bottom edge
of an element.
Construction Sign means a sign which identifies a construction project and information relative
thereto.
Fascia or Wall Sign means any sign attached against the surface of, or against or within a recess
in the wall, a column or other perpendicular portion of a building in a position essentially parallel
to said wall, column or other perpendicular position. A fascia sign shall also mean any sign
attached to the walls of two or more buildings and spanning the spaces between the said
buildings.
Flashing Sign means an illustrated sign on which artificial light is not maintained constant in
intensity and colour at all times when such sign is in use.
Freestanding Sign means a sign supported by a vertical column or columns placed in the ground
with the sign surface area above ground level.
77
Identification Sign or Nameplate means a sign that identifies the business, owner, resident or
the street address and which sets forth no other advertisement.
Illuminated Sign means a sign designed to give forth artificial light or reflect light from an artificial
source.
Marquee Sign means a sign attached to a marquee, canopy or awning projecting from and
supported by a building.
Outdoor Display Case means a sign consisting of a lockable metal or wood framed cabinet with
a transparent window or windows, mounted onto a building wall or freestanding support. It
allows the contents, such as menus or maps, to be maintained and kept current.
Portable or Mobile Sign means a sign with or without a structural frame and intended for a
limited period of display, but shall have no red, green or amber lights thereon, and with no
blinking or scintillating lights when the sign faces a residential area.
Projecting Sign means any sign other than a fascia sign, which is attached to a building and
extends beyond the exterior wall of the said building beyond the surface of that portion of the
building to which it is attached.
Roof Sign means any sign erected, constructed and maintained wholly upon or over the roof of
a building with the principal support on the roof structure.
Sidewalk Sign or Sandwich Board means a moveable freestanding sign that is typically double-
sided, placed at the entrance to a business to attract pedestrians.
Sign Surface Area means the entire area within a single continuous perimeter enclosing the
extreme limits of writing, representation, emblem, or any figure of similar character, including
any frame or other material or colour forming an integral part of the display or used to
differentiate such sign from the background against which it is placed. Where a sign has two or
more faces, the area of all faces shall be included in determining the area of the sign, except that
where two such faces are placed back to back and are at no point more than two (2) feet from
one another, the sign surface area of the sign shall be taken as the surface areas of one face if
the two faces are of equal area, or as the surface area of the larger face if the two faces are of
unequal area.
Temporary Sign means a sign which is not permanently anchored to a footing extending below
grade or permanently affixed to, or painted on, a building and on which the copy has been
painted or affixed in a permanent manner. The copy on the sign shall relate to an activity, use or
event of a limited time duration not exceeding six months. Temporary signs include political
campaign signs, real estate signs, construction identification signs, signs involving seasonal
businesses, and signs advertising specific community events. For the purpose of this By-law,
temporary signs shall not include portable signs.
78
Valance means the portion of an awning that hangs perpendicular to the sidewalk.
Window Sign means a sign placed or painted on the interior of a shop front window or the
window of a business door.
Yard Sign means a permanent freestanding sign in a Front Yard, including a supporting post or
posts.
12.2
General Sign Regulations
The following provisions shall apply to all signs erected or maintained within the R.M. of
Montcalm, except wherein otherwise stated:
a) Signs and sign structures may be allowed as accessory uses in accordance with
the Sign Requirements Table [Table 12.1], subject to the issuance of a
Development Permit as required;
b) All signs, with the exception of civic addressing and yard/identification signs,
shall comply with the minimum yard requirements for accessory structures in
the zone in which they are to be located or erected;
c) Billboards and other signs directing attention to a business, commodity or
message offered elsewhere than upon the same zoning site on which that sign
is located may only be allowed with Council approval. These signs must also
be constructed in accordance with the Sign Requirements Table [Table 12.1]
and subject to the issuance of a Development Permit;
d) No sign or sign structure shall be erected at any location where it may
interfere with or obstruct the view of any street, intersection or railroad grade
crossing, or be confused with any authorized traffic sign, signal or device. No
rotating beam, beacon or flashing illumination resembling an emergency light
shall be used in connection with any sign display;
e) No sign may contain flashing lights or digital images unless specifically allowed
in the Sign Requirements Table [Table 12.1]. All signs with flashing lights or
digital images are prohibited within 100 feet (30 metres) of residential zones;
f) No sign or structure shall be erected or maintained on, over or above any land
or right-of-way belonging to the R.M. of Montcalm without a Development
Permit. This excludes civic addressing signs;
g) The placing of signs within the control area of a Provincial Road or Provincial
Trunk Highway shall require a permit from the applicable provincial authority;
and
h) All signs and structures shall be kept in good repair and in a proper state of
preservation. Signs which have become obsolete because of discontinuance of
the operation or activity or are not maintained in good condition or repair
shall be repaired, removed or relocated within 30 days following notice by the
Development Officer.
79
The following signs shall not require a Development Permit. However, they must still
comply with any applicable standards in this By-law:
a) Signs posted by duly constituted public authorities in the performance of their
public duties;
b) Flags or emblems of a political, civic, educational or religious organization;
c) Commemorative or memorial signs or tablets;
d) Temporary signs including real estate signs, construction signs, election signs,
garage sale signs and similar;
e) Awning signs with signage originally incorporated in the design or awning
material;
f) Residential on-site identification signs or warning signs (such as "Private
Property" signs and similar) not exceeding three (3) square feet in surface
area; and
g) Signs required for direction and convenience of the public, including signs
identifying restrooms or parking entrances, not exceeding five (5) square feet
in sign surface area.
80
Table 12.1: Sign Regulations
Permit
Required
Sign Type
Specifications
Allowed in Zones
Quantity
1 per address
Area
max 4.0 sq.ft.
Width
n/a
Height
n/a
Depth
max 3.0 in
Clearance
n/a
All zones
No
Quantity
1 per window
Area
n/a
Width
max equal to facade
Depth
min 4.0 ft
Clearance
min 8.0 ft
Valance Height
max 12.0 in
Dist. from Curb
min 2.0 ft
CC, CH
M
PR, I
Yes
Quantity
1 per business
Area
1.5 sq.ft. per lin.ft. facade
Width
max 90% width of facade
Depth
max 7.0 in
Clearance
min 7.0 ft
CC, CH
M
PR, I
No
Quantity
1 per site
Area
single occupancy = max 100 sq.ft.
multiple occupancy = max 300 sq.ft.
Height
ground = max 8.0 ft
freestanding = max. 25.0 ft
Width
max 4.0 ft
Depth
max 12.0 in
Clearance
ground = n/a
freestanding = min 6.0 ft
CC, CH
M
PR, I
AG, AL
Yes
Quantity
1 per business
Area
n/a
Width
entrance plus 2 ft per side
Depth
min 4.0 ft; max 10 ft
Clearance
min 8.0 ft
Dist. from Curb
min 3.0 ft
CC, CH
M
PR, I
Yes
Quantity
1 per business
Area
max 6.0 sq.ft.
Width
max 3.5 ft
Height
max 3.5 ft
Depth
max 5.0 in
Clearance
min 4.0 ft
CC, CH
M
PR, I
No
Quantity
1 per site
Area
max 48.0 sq.ft.
Width
n/a
Height
max 10.0 ft
Depth
n/a
Clearance
n/a
CC, CH
M
PR, I
AG, AL
Yes
Address/Name
Awning
Fascia/Wall
Marquee
Outdoor Display
C
Freestanding/Ground
Portable/Mobile
81
Quantity
1 per business
Area
max 4.0 sq.ft.
Width
max 4.0 ft
Depth
max 4.0 ft
Clearance
min 8.0 ft
CC, CH
M
PR, I
Yes
Quantity
1 per business
Area
max 8.0 sq.ft.
Width
max 26 in
Height
max 42 in
Depth
n/a
Clearance
n/a
CC, CH
M
PR, I
No
Quantity
1 per site
Area
identification = max 6 sq.ft.
Width
max 3.0 ft
Height
max 2.0 ft (not incl. post)
Depth
n/a
Clearance
min 3.0 ft to sign edge
Apex
max 6.0 ft to top of post
All zones
No
Sidewalk/Sand
Yard/Identification
Projecting
82
SCHEDULE A: ZONING MAPS
MAP 1. RURAL MUNICIPALITY OF MONTCALM
MAP 2. ST. JEAN BAPTISTE
MAP 3. LETELLIER
MAP 4. ST. JOSEPH
St Joseph
Marias
St. Jean Baptiste
River
Letellier
6
1
34
31
23
6
1
36
31
6
4
17
30
6
31
4
34
23
1
36
31
5
20
RIVER
RED
Parish
of
Ste. Agathe
River
Plum
United States of America
Town of
Morris
Municipality of Rhineland
Municipality of
Rural Municipality of Morris
Rural Municipality
Emerson-Franklin
of De Salaberry
RGE 2E
Marsh
River
Community of
Emerson
Deadhorse Creek
Buffalo Creek
Lake
Louise
Horseshoe
Lake
TWP 1
TWP 2
TWP 3
TWP 4
RGE 1E
Red
River
217
201
420
421
243
201
201
246
75
14
75
75
14
75
75
AG
AG - Agricultural General Zone
AR - Agricultural Restricted Zone
MG - Industrial General Zone
Municipal Boundaries
Rivers and Lakes
Manitoba Highways
United States of America Border
See Map 4
See Map 3
See Map 2
AG
AG
Rural Municipality of Montcalm
Zoning By-Law No. 809/19
Map 1
MG
O
0
2
4
1
Miles
0
2
4
6
1
Kilometers
MG
AR
AR
AR
L
(cl osed )
P T H
75
DU
CHEMIN
RIVER AVE.
VALCOURT
BAIE
STREET
RAILWAY
SELKIRK HIGHWAY
LORD
BARIL ST.
AVE. S.W.
FIRST
FIRST ST. S.W.
SECOND ST. S.W.
THIRD ST. S.W.
AVE.
CENTRE
ROAD # 3
3rd. AVE. S.W.
ST.
CARON
ST. AMANT
BAIE
FILLION
RUE
PARC
SECOND
AVE. W.
(closed)
C.N.R.
CARON
ST
246
246
75
O
0
150
300
75
Meters
0
300
600
900
150
Feet
RM of Montcalm
Zoning By-Law No. 809/19
AR
Agricultural Restricted Zone
Commercial Central Zone
Industrial General Zone
Institutional Zone
Parks and Recreation Zone
Residential General Zone
RIVER
AR
I
RED
Access Road
Provincial Road
Provincial Trunk Highway
Map 2: St. Jean Baptiste
RG
MG
MG
MG
RG
CC
PR
I
CC
I
I
(closed)
TWO MILE ROAD
(closed)
(closed)
C.N.R.
THIRD AVE. E
THIRD AVE. E
FIFTH AVE. W
SECOND AVE. W
THIRD AVE. W
FOURTH AVE. W
SECOND AVE. E
FOURTH ST. E
SECOND ST. E
FIRST ST. W
RAILWAY ST.
21
FIRST AVE. E
(public road)
FIRST ST. E
201
201
75
75
O
0
100
200
50
Meters
0
300
600
150
Feet
RM of Montcalm
Zoning By-Law No. 809/19
Agricultural Restricted Zone
Commercial Central Zone
Commercial Highway Zone
Industrial General Zone
Institutional Zone
Parks and Recreation Zone
Residential General Zone
AR
MG
Access Road
Provincial Road
Provincial Trunk Highway
Map 3: Letellier
MG
RG
RG
CH
CC
AR
I
PR
BOULEVARD BRAIS
AVENUE ETIENNE
AVENUE HELENE
RUE MORIN
RUE MARTIN
201
201
426
O
0
50
100
25
Meters
0
200
400
100
Feet
RM of Montcalm
Zoning By-Law No. 809/19
AR
Agricultural Restricted Zone
General Development Zone
AR
GD
Access Road
Provincial Road
Provincial Trunk Highway
Map 4: St. Joseph