Rural Municipality of Pipestone Zoning By-Law No. 2001/05
Rural Municipality of Pipestone, Manitoba
· adopted 2002-05-09
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Rural Municipality of Pipestone
Zoning By-Law
Lombard North Group (1984) Ltd.
Planners & Landscape Architects
505-93 Lombard Avenue, Winnipeg, MB. R3B 3B1
Phone: (204) 943-3896 Fax: (204) 947-5696
This document is an office consolidation of by-law amendments which has been
prepared for the convenience of the user. The Community Planning Branch
expressly disclaims any responsibility for errors or omissions.
OFFICE CONSOLIDATION
RURAL MUNICIPALITY
OF
PIPESTONE
ZONING BY-LAW
BY-LAW NO. 2001/05
Prepared By:
Lombard North Group
Planners & Landscape Architects
505 - 93 Lombard Avenue
Winnipeg, MB R3B 3B1
87
THIS BY-LAW is hereby adopted and shall come into force on, from, and after the date on
which it received third reading by the Council.
DONE AND PASSED in Council duly assembled at the Rural Municipality of Pipestone, in
Reston, Manitoba this 9th of May, 2002 A.D.
_"Melvin Watt"_________________________
Reeve
_"June Greggor"_________________________
Chief Administrative Officer
Read a first time this 13th day of September,2001
Read a second time this 14th day of March, 2002
Read a third time this 9th day of May, 2002
THE RURAL MUNICIPALITY OF PIPESTONE
BY-LAW NO. 2001/05
BEING A by-law of the RURAL MUNICIPALITY OF PIPESTONE to regulate the use and
development of land.
WHEREAS, Section 39(1) of The Planning Act provides that the council of a municipality
may enact a zoning by-law which generally conforms to a development plan adopted for
the area;
AND WHEREAS, pursuant to the provisions of Section 27(1) of The Planning Act, the
Dennis County Planning District has, by by-law, adopted the Dennis County Planning
District Development Plan;
AND WHEREAS, Section 32(2) of The Planning Act provides that the council of a
municipality shall enact a zoning by-law upon the adoption of a development plan;
NOW THEREFORE, the Council of the RURAL MUNICIPALITY OF PIPESTONE, in
meeting duly assembled, enacts as follows:
Rural Municipality of Pipestone By-Laws
Amending the Rural Municipality of Pipestone Zoning By-law (Adopting By-Law 2001-5)
ADOPTIN
G
BY-LAW
CHANGES & AMENDMENTS
CONTENT
AFFECTED
REMARKS
TEXT
MAP
2003/03
-
Rezoned Pt. SW 21-9-28 to MH and text amendment to TABLE 4-6 for
petroleum facilities.
x
x
Map 1
2003/09
-
Added funeral homes as a conditional use TABLE 4-3 of PART 4.
x
2005-02
-
TABLE 4-1 to provide for wind energy generation facilities as
conditional use in AG
x
2005-09
-
Rezoned Pt. NW ¼ Sec. 16-9-28WPM from "AG" to "MH" (extension of
existing "MH" Zone in - Tundra Facility at Cromer)
x
Map 6
2008/08
-
Added "solid fuel fired heating appliances as an accessory use to the
"AG" and "AL" and "MH" zones
x
2009/05
-
Rezoned Pt. 16-9-28WPM - Tundra facility at Cromer from "AG" to
"MH" (extension of existing "MH"
x
Map 1
2011/08
-
Deleted Maps 1 - 6 and replaced and added Map 7 plus text changes -
deleted and replaced Sec. 2.14 and 2.16 of PART 2 and made minor
wording alterations to Sec. 3.2 of PART 3. Repealed and replaced all of
PART 4 and PART 5 (adding provisions dealing with newly siting or
expanding livestock operations and wind turbines). Added footnote
"(f)" to Section 6.12 of PART 6. Added footnote "(e)" to Sec. 7. 2 and
Footnote "(f)" to Sec. 7.7 of PART 7. Added new definitions to Sec. 9.9
of PART 9. Deleted and replaced Schedule A - Zoning Maps 1 to and
including Map 6 and added new Zoning Map 7 for the un-incorporated
community of Scarth.
x
x
Maps 1 to 6
2011/11
-
Pt. LS 9 of Pt. N.E. ¼ Sec. 8-9-28WPM lying north and east of CN rail line
rezoned from "AML" Agricultural Moderately Limited Zone to "GD"
General Development Zone.
x
Map 1 & 5
February 2, 2022
2014-16
-
Part of the South-East Quarter 17, Township 9, Range 28WPM rezoned
FROM: "AG" - Agriculture General TO "MH" - Heavy Industrial Zone.
x
Map 1 & 6
2016-10
-
Re-zoned Parcel "A" Plan 24727 B.L.T.O. FROM : "UR" - Urban
Residential Zone TO: "UN" - Urban Non-Residential Zone
x
Map 2
2017-06
-
Rezoned Pt. N.E. ¼ Sec. 9-7-27WPM from Pt. "AL" to Pt: "UN" Urban
Non-Residential Zone, Pt. "UR" - Urban Residential and Pt. "ML " - Light
Industrial Zone and established the "ML" - Light Industrial Zone and
set out permitted and conditional uses for this new zoning district.
x
x
Map 1 & 2
Table of Contents
PART 1: SCOPE ............................................................. 1
PART 2: GENERAL REGULATIONS GOVERNING USES,
BUILDINGS AND STRUCTURES ...................... 2
Existing Uses, Buildings and Structures ................................................ 3
Existing Substandard Parcels of Land .................................................. 4
Permitted Uses, Buildings and Structures ............................................. 4
Conditional Uses ................................................................................... 5
Accessory Uses .................................................................................... 5
Zoning Designations ............................................................................. 6
PART 3: GENERAL BULK REQUIREMENTS ................ 7
Open Space along Rural Roadways ..................................................... 7
Corner Vision Triangles ........................................................................ 7
Projections into Yards ........................................................................... 8
Double Frontage Sites .......................................................................... 9
[PART 4: USE AND BULK TABLES ............................ 10
PURPOSE OF ZONES ....................................................................... 10
TABLE 4-1: "AG" AGRICULTURAL GENERAL ZONE - USE & BULK
TABLE ......................................................................................................... 12
TABLE 4-2: "AML" AGRICULTURAL MODERATELY LIMITED ZONE -
USE & BULK TABLE .................................................................................. 20
TABLE 4-3: "AL"' AGRICULTURAL LIMITED ZONE - USE & BULK
TABLE ......................................................................................................... 28
TABLE 4-4: 'UR' URBAN RESIDENTIAL ZONE - USE & BULK TABLE
..................................................................................................................... 33
TABLE 4-5: 'UN' URBAN NON-RESIDENTIAL ZONE - USE & BULK
TABLE ......................................................................................................... 37
TABLE 4-6: "GD" GENERAL DEVELOPMENT ZONE - USE & BULK
TABLE ......................................................................................................... 41
TABLE 4-7: "MH" HEAVY INDUSTRIAL ZONE - USE & BULK TABLE
..................................................................................................................... 46
"TABLE 4-8: "ML" LIGHT INDUSTRIAL ZONE - USE & BULK
REQUIREMENTS ........................................................................................ 47
[PART 5: RULES FOR SPECIFIC USES ...................... 54
LIVESTOCK OPERATIONS ............................................................... 54
5.1
GENERAL PROVISIONS .......................................................... 54
TABLE 5-1: ANIMAL UNIT CONVERSION FACTORS ............................ 57
5.2
LIVESTOCK OPERATIONS IN THE "AG" AGRICULTURAL
GENERAL ZONE ...................................................................... 58
TABLE 5-2: "AG" AGRICULTURAL GENERAL ZONE - MINIMUM
SETBACK DISTANCES FROM PROPERTY LINES.................................. 59
TABLE 5-3: "AG" AGRICULTURAL GENERAL ZONE - MINIMUM
SEPARATION DISTANCE REQUIREMENTS FROM A SINGLE
RESIDENCE ................................................................................................ 60
TABLE 5-4: "AG" AGRICULTURAL GENERAL ZONE - MINIMUM
SEPARATION DISTANCE REQUIREMENTS FROM A DESIGNATED
AREA ........................................................................................................... 60
5.3
LIVESTOCK OPERATIONS IN THE 'AML' AGRICULTURAL
MODERATELY LIMITED ZONE ................................................ 61
TABLE 5-5: "AML" AGRICULTURAL MODERATELY LIMITED ZONE -
MINIMUM SETBACK DISTANCES FROM PROPERTY LINES ................ 62
TABLE 5-6: "AML" AGRICULTURAL MODERATELY LIMITED ZONE-
MINIMUM SEPARATION DISTANCE REQUIREMENTS FROM A SINGLE
RESIDENCE ................................................................................................ 63
TABLE 5-7: "AML" AGRICULTURAL MODERATELY LIMITED ZONE -
MINIMUM SEPARATION DISTANCE REQUIREMENTS FROM A
DESIGNATED AREA .................................................................................. 63
5.4
LIVESTOCK OPERATIONS IN THE 'AL' AGRICULTURAL
LIMITED ZONE ......................................................................... 64
TABLE 5-8: "AL" AGRICULTURAL MODERATELY LIMITED ZONE -
MINIMUM SETBACK DISTANCES FROM PROPERTY LINES ................ 65
TABLE 5-9: "AL" AGRICULTURAL LIMITED ZONE- MINIMUM
SEPARATION DISTANCE REQUIREMENTS FROM A SINGLE
RESIDENCE ................................................................................................ 65
TABLE 5-10: "AL" AGRICULTURAL LIMITED ZONE - MINIMUM
SEPARATION DISTANCE REQUIREMENTS FROM A DESIGNATED
AREA ........................................................................................................... 66
5.5
AGRCULTURAL IRRIGATION OPERATIONS ......................... 66
5.6
SPECIAL LIMITATIONS GOVERNING DEVELOPMENT OF
BUILDINGS AND STRUCTURES INCLUDING DWELLINGS
AND FARM BUILDINGS ........................................................... 67
5.7
HAZARDOUS AND DANGEROUS MATERIALS STORAGE ... 68
5.8
HOME-BASED BUSINESSES .................................................. 68
PART 6: MISCELLANEOUS REGULATIONS .............. 70
Land Subject to Flooding .................................................................... 70
High Water Table Areas ...................................................................... 70
Site Reduced by Road Widening ........................................................ 70
Building Removal ................................................................................ 71
Road Access ....................................................................................... 71
Service Connections ........................................................................... 71
Public Monuments and Cairns ............................................................ 71
Signs .................................................................................................. 71
Temporary Buildings, Structures & Uses ............................................ 72
PART 7: ADMINISTRATION ....................................... 73
Administration and Enforcement ......................................................... 73
Development Permits .......................................................................... 73
Development Officer ........................................................................... 75
Application for Amendment ................................................................. 76
Applications for Variations and Conditional Uses ................................ 76
PART 8: ENFORCEMENT .......................................... 78
Entry for Inspection and Other Purposes ............................................ 78
Order to Remedy Contravention ......................................................... 78
Review by the Board ........................................................................... 79
PART 9: INTERPRETATION ........................................ 80
Zoning Boundaries .............................................................................. 80
Groundwater Sensitivity Areas ............................................................ 80
Permitted Uses ................................................................................... 80
Definitions ........................................................................................... 81
Schedule "A"
[Map 1:
Rural Municipality of Pipestone
Map 2:
Reston
Map 3:
Pipestone
Map 4:
Sinclair
Map 5
Cromer
Map 6:
Enbridge Pumping Station
Map 7:
Scarth] BL 2011/08
1
PART 1: SCOPE
1.1
This By-law shall be known as the Rural Municipality of Pipestone Zoning By-
Law.
1.2
This By-law applies to all lands in the Rural Municipality of Pipestone.
1.3
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)
the placement, enlargement or alteration of mobile homes, which for
the purposes of this By-law, shall be deemed to be buildings.
1.4
No land, building or structure shall be used or occupied, and no building or
structure shall be constructed, erected, altered, enlarged or placed, except in
accordance with this By-law, and only after all required permits have been
obtained by the owner.
1.5
Whenever a provision of another by-law or of 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 contradictory regulations
with respect to uses, buildings or structures, the most restrictive or highest
standard shall prevail.
1.6
Nothing in this By-law, or in a development permit, approval of a conditional
use, variation order or other approval issued under this by-law or under The
Planning Act, 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.
2
PART
2:
GENERAL
REGULATIONS
GOVERNING
USES,
BUILDINGS
AND
STRUCTURES
2.1
No land, building or structure shall be constructed, enlarged, placed, used or
occupied except for a use which:
(a)
is listed in the Use and Bulk Tables which apply to such land, building
or structure as:
(i)
a permitted principal use;
(ii)
a conditional use, subject to approval as such; or
(b)
is an accessory use.
2.2
Where land or a building or structure is used for more than one purpose, all
provisions of this By-law relating to each use shall be satisfied. If there is a
conflict, the higher or more stringent requirement shall apply.
2.3
There shall be a maximum of one dwelling unit per site or parcel of land,
except for the following:
(a)
Dwelling units which are required for employees or family members,
who in the opinion of Council, will be actively involved in an agricultural
operation;
(b)
Two-family dwellings or multiple-family dwellings as provided for in this
By-law; and
(c)
Communal farm dwellings for cultural groups such as Hutterite
colonies.
2.4
This By-law shall be interpreted so as not to interfere with the construction,
erection and location of the distribution facilities of a public utility. Office
buildings,
warehouse,
maintenance
or
storage
compounds,
and
telecommunications towers operated by a public utility shall be subject to the
provisions of this By-law.
2.5
Oil and gas exploration and extraction, electric transmission lines and
structures, and pipelines are deemed to be in compliance with this By-law if
they are carried out, constructed and operated in accordance with federal and
provincial law, except for oil field battery facilities and the Enbridge pumping
station north of Cromer, which shall be subject to the provisions of this By-law.
3
Existing Uses, Buildings and Structures
2.6
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.
(a) All buildings and structures existing at the effective date of this By-law are
deemed to conform to the bulk requirements of the zone in which the
buildings or structures are situated.
(b) The enlargement, expansion, change in use, or replacement of an existing
use, building or structure shall be subject to the issuance of a development
permit, and shall conform to all requirements of this By-law.
2.7
An existing use, building or structure which is classified as a conditional use in
this By-law shall be deemed to be an approved conditional use, building or
structure and shall be allowed to continue to exist, may be changed to a
permitted use, or may be replaced if destroyed, provided that the replacement
does not increase the intensity of the previously existing use.
(a)
In these circumstances, the change in use or replacement shall be
subject to the issuance of a development permit, and shall conform with
all requirements of this By-law; and
(b)
Where an enlargement or expansion of such a use is proposed, it shall
require the specific approval of Council, in accordance with Sections
7.21 to 7.27 of this By-law.
2.8
An existing use, building or structure which is not classified as a permitted or
conditional use, building or structure in this By-law shall be considered as a
non-conforming use, building or structure, and shall be subject to the
provisions of The Planning Act governing non-conformities.
(a)
A non-conforming use, structure or building shall be allowed to continue
to exist, and may be changed to a permitted use;
(b)
A non-conforming use shall not be intensified, and shall not be changed
to a different non-conforming use;
4
(c)
A non-conforming use shall not be re-established if it is discontinued for
a period in excess of one year. A change in ownership or tenancy of
a non-conforming use shall not affect the status of the non-conforming
use;
(d)
A non-conforming building or structure shall not be re-established if it is
removed or destroyed by more than 50 percent of its replacement value
above the foundation; and
(e)
Other provisions of The Planning Act govern non-conforming uses,
buildings and structures, including a provision, which enables Council
to consider variation orders in situations where non-conformities are
proposed to be enlarged or expanded.
Existing Substandard Parcels of Land
2.9
Any site or parcel of land which was in existence at the date of adoption of this
By-law, and which does not comply with the minimum site area and/or site
width requirements for any zone as provided for in this By-law, may be used or
developed for any permitted or conditional use within the zone, provided that
(a)
The site or parcel of land did not form part of a larger contiguous land
holding under the same ownership;
(b)
All administrative requirements for the issuance of development permits
and conditional use approvals are complied with; and
(c)
All required yards and separation distances as required by this By-law
are complied with.
Permitted Uses, Buildings and Structures
2.10
Where a use, building or structure is provided for as a permitted use by this
By-law, the owner shall normally be entitled to establish, expand or enlarge
the use, building or structure, subject to the issuance of a development permit
as provided for in Sections 7.2 to 7.12, and provided that the use, building or
structure complies with all requirements of this By-law.
5
Conditional Uses
2.11
The classification of uses as conditional uses is intended to provide for a
special process of review and approval for certain types of development
which, due to their inherent characteristics, may have potential adverse
impacts on nearby properties or resources.
2.12
Where a use, building or structure is provided for as a conditional use by this
By-law, the establishment, enlargement or expansion of the use, building or
structure shall be subject to Sections 7.21 to 7.27 and the specific
requirements of The Planning Act pertaining to conditional uses.
Accessory Uses
2.13
No accessory use shall be established, and no accessory building or structure
shall be constructed or erected, prior to the establishment of the use of land,
building or structure to which it is accessory except as provided in section
2.14.
[2.14 (a)
An accessory garage or storage building may be constructed or erected
for the purpose of storage of materials and equipment for use during
construction of the main building, provided that a development permit
as required by Sections 7.2 to 7.12 has been obtained for the main
building;
(b)
A temporary meteorological tower, used for wind and/or climatic
research shall be allowed to be erected, subject to Council's approval
and issuance of a temporary development permit, for a term not
exceeding three (3) years and shall be subject to all other provisions of
this By-law pertaining to the siting of Wind Energy Generation Stations
(WTGS). If the meteorological tower is to remain in place after the
maximum three (3) year period it shall become a part of a (WEGS) and
be subject to the conditional use approval process required for a Wind
Energy Generation Stations (WEGS) as provided for PART 4 of this By-
law.] BL 2011/08
2.15
For the avoidance of doubt, an accessory use, building or structure may be
accessory to an approved conditional use; however no accessory use or
building shall be constructed or located on the site prior to review and approval
by Council in accordance with Sections 7.21 to 7.27, if the accessory building
or structure contributes significantly to an intensification or expansion of the
conditional use.
6
Zoning Designations
[2.16 Uses of land in the municipality are regulated in accordance with the
requirements of the following zoning districts:
(a)
"AG" Agricultural General Zone
(b)
"AML" Agricultural Moderately Limited Zone
(c)
"AL"
Agricultural Limited Zone
(d)
"UR" Urban Residential Zone
(e)
"UN" Urban Non-Residential Zone
(f)
"GD" General Development Zone
(g)
"MH" Heavy Industrial Zone
And the limits of those zoning districts are established as shown on Maps 1 to
7 comprising Schedule "A" of this by-law.] BL 2011/08
2.17
The permitted and conditional uses prescribed for sites within each
designation are those set out in the Use and Bulk Tables of this By-law.
7
PART 3: GENERAL BULK REQUIREMENTS
3.1
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 the minimum site area, minimum site width and yard
requirements prescribed for each zone and use in the Use and Bulk Tables
and the other requirements of this By-law.
Open Space along Rural Roadways
3.2
Areas adjacent to rural roads shall be kept clear of features which would
contribute to snow drifting problems on the roadway, or which would represent
a safety hazard to motorists. Within [all Agricultural Zone(s)] BL 2011/08,
the following provisions shall apply to any required front yard, side yard or rear
yard which is adjacent to an improved government road allowance, highway or
other municipal road:
(a)
No building or structure shall be constructed or located within the
required yard, except for electric fences, barbed wire fences, chain link
fences, wooden rail fences which are at least 75 percent open in
character, signs less than 50 square feet in surface area, and small
shelters for children at school bus stops;
(b)
No excavation such as a dugout or gravel pit shall be located within the
required yard;
(c)
No substantial planting, such as a shelterbelt or hedge exceeding a
height of 3 feet shall be located within the required yard; and
(d)
No substantial stockpiling of materials, such as soil, gravel, bales or
cordwood shall be located within the required yard.
Corner Vision Triangles
3.3
In order to provide for a reasonable measure of traffic safety within the "GD"
General Development Zones, "UR" Urban Residential Zones and "UN" Urban
Non-Residential Zones, it is considered important to provide for good visibility
conditions at street intersections, by establishing special open space
requirements as follows:
8
(a)
No building, structure, vehicular parking space, shelterbelt, hedge or
stockpiling of materials exceeding a height of 3 feet above grade shall
be located within a triangular area of any site adjacent to an
intersection of two public streets, with the sides of the triangular area
being measured a distance of 10 feet along each property boundary
from the point of intersection.
Projections into Yards
3.4
Within all zones, the required yards are intended to provide open spaces
around buildings and structures for purposes of amenity, privacy, fire
protection, and maintenance operations along the walls of buildings. Required
yards shall be maintained as open space areas on all sites, except as follows:
(a)
Open, unenclosed stairs and landings may extend into any required
front or rear yard to a maximum distance of 10 feet, and there shall be
no limitation on the construction of unenclosed wheelchair ramps;
(b)
Other open, unenclosed projections of a building, including eaves,
awnings, stairs, landings, wing-walls, raised decks and balconies, may
extend into a required yard up to 50 percent of the required yard depth
to a maximum projection of 5 feet, whichever is the lesser;
(c)
Enclosed projections of a building, including chimneys, alcoves, and
bay windows may extend into a required yard up to 50 percent of the
required yard depth to a maximum projection of 5 feet, whichever is the
lesser, provided that no more than 10 square feet of area within any
required yard is occupied by these types of projection;
(d)
Landscaping features such as driveways, sidewalks, and patios at
grade level, ornamental plantings, fences and other decorative
features are permitted within any required yard, provided that the
maximum height of a fence in any required front yard shall be 3 feet,
and the maximum height of a fence in any required side or rear yard
shall be 6 feet; and
(e)
Portable buildings not exceeding 100 square feet in floor area for the
storage of domestic equipment may be located within any required
interior side yard or required rear yard, provided that a separation
distance of 1 foot is maintained from the site line, and a separation
distance of 3 feet is maintained from any dwelling.
9
Double Frontage Sites
3.5
Within the "GD" General Development Zone, "UR" Urban Residential Zone
and "UN" Urban Non-Residential Zone, where a site has frontage along two
more or less parallel streets, the following provisions shall apply:
(a)
Where the site depth is greater than 200 feet, both site lines which abut
these streets shall be considered to be front site lines, and the adjacent
yards shall both be considered to be required front yards; and
(b)
Where the site depth is 200 feet or less, only one site line shall be
considered to be the front site line, and this determination shall be
made by the development officer, based on the arrangement of existing
buildings in the immediate area.
10
[PART 4: USE AND BULK TABLES
PURPOSE OF ZONES
The zoning districts established in this by-law are intended to provide sufficient land
in suitable locations to meet the needs of the community and the provisions of the
Dennis County Planning District Development Plan.
4.1
The "AG" Agricultural General Zone is hereby established in this zoning By-
law and is intended to;
(a)
Support and strengthen the agricultural industry in the Rural
Municipality of Pipestone by providing flexibility and opportunities for
farm operators to engage in a full range of agricultural activities
including livestock development and associated rural uses; and
(b)
Protect the agricultural industry and its land resources in recognition of
agriculture's contribution to the economy, lifestyle and character of the
Rural Municipality of Pipestone.
4.2
The "AML" Agricultural Moderately Limited Zone is hereby established in
this zoning by-law and is intended to accommodate general agricultural
activities in a secondary area surrounding Reston and immediately adjacent to
the unincorporated communities of Pipestone, Sinclair, Cromer and Scarth
and provide for a moderate level of control over livestock operations in this
zone by establishing a lower threshold for the size of livestock operations that
shall be administered as a conditional use.
4.3
The "AL" Agricultural Limited Zone is hereby established in this zoning by-
law and is intended to;
(a)
Accommodate continued limited agricultural use of undeveloped land
within the area immediately adjacent to the community of Reston, in a
manner compatible with the existing development in the community;
and
(b)
To provide a reserve of land for urban expansion adjacent to the
community of Reston.
4.4
The "UR" Urban Residential Zone is hereby established in this by-law and is
intended to provide for residential and related community development within
the community of Reston, based upon the extension of municipal sewer and
water services.
11
4.5
The "UN" Urban Non-Residential Zone is hereby established in this by-law
and is intended to provide for commercial retail sales and services,
manufacturing and industrial uses in the community of Reston, in keeping with
the provisions of the Dennis County Planning District Development Plan.
4.6
The "GD" General Development Zone is hereby established in this by-law
and is intended to provide for community development within the smaller
communities of Pipestone, Sinclair and Cromer, in accordance with the
provisions of the Dennis County Planning District Development Plan.
4.7
The "MH" Heavy Industrial Zone is intended to accommodate major
industrial developments in the municipality, such as the Enbridge pumping
facility at Cromer.
4.8
"The "ML" Light Industrial Zone is hereby established in this by-law and is
intended to provide for the development of warehousing and other low impact
light industrial uses that are reasonably compatible with nearby residential
and/or commercial uses. Industrial uses are may be allowed which carry on
their operations in such a manner that no nuisance factor is created or
emitted. Contained or screened outside storage may also be allowed in this
zone." [BL 2017-06]
12
TABLE 4-1: "AG" AGRICULTURAL GENERAL ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS (a)
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
(b)
Rear
Yard
(feet)
(b)
PERMITTED PRINCIPAL USES
Agricultural Activities, General
80
1,000
125
25
25
Agricultural Activities, Specialized (c)
2
200
125
25
25
Livestock Operations between 10 and 250
animal units (cumulative across species) in
the "AG" zone (d). See also PART 5
herein.
80 (e)
1,000
125
25
25
Market Gardens, Nurseries or
Greenhouses (k)
2
200
125
25
25
Telecommunications Towers (private for
profit) (k) (n)
4(g)
300
125
125
125
CONDITIONAL USES
Advertising signs, over 50 sq. ft. in area (k)
-
-
Determined by Council
Agricultural Irrigation Operations
(See Sections 5.12 to 5.14)
80
1,000
125
25
25
Aircraft Landing Areas (k)
10
200
125
25
25
Auction Marts (k)
2(g)
200
125
25
25
Automobile or Farm Implement Salvage or
Wrecking Establishments (k)
2(g)
200
125
25
25
Campgrounds (k)
2(g)
200
125
25
25
Cemeteries (k)
2(g)
200
125
25
25
Community Halls (f) (k)
2(g)
200
125
25
25
Earth Moving Contractors (k)
2(g)
200
125
25
25
Establishments for the storage, handling or
processing of agricultural produce, in
return for remuneration (f) (j) (k)
2
200
125
25
25
Establishments for the sales, storage,
service or distribution of agricultural
supplies, equipment or structures (f) (j) (k)
2(g)
200
125(i)
25(i)
25(I)
Establishments related to the harvesting of
natural resources, such as oil and gas (k)
2(g)
200
125
25
25
Exhibition Grounds (k)
2
200
125
25
25
Fuel Sales and Storage Establishments (j)
(k)
2(g)
200
125
25
25
Fur Farms (k)
2(g)
200
125
25
25
13
TABLE 4-1: "AG" AGRICULTURAL GENERAL ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS (a)
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
(b)
Rear
Yard
(feet)
(b)
Kennels (k)
2(g)
200
125
25
25
Livestock Operations with 251 animal units
or more (cumulative across species) in the
"AG" zone. (d) (k) See also PART 5
herein.
80(e)
1,000
125
25
25
Manufacturing, Fabricating, Machining,
Processing or Repair Establishments (f) (k)
2(g)
200
125
25
25
Motor Vehicle or Agricultural Equipment
Body Shops, Salvage or Wrecking
Operations (k)
2(g)
200
125
25
25
Museums or Historic Sites (k)
2(g)
200
125
25
25
Non-Farm Dwellings (k) (m)
2(g)
200
125
25
25
Oil Field Battery Facilities (h) (k)
2(g)
200
125
25
25
Public Works Compounds and
Maintenance Buildings (k)
2(g)
200
125
25
25
Recreation Facilities (f) (k)
2 (g)
200
125
25
25
Religious Institutions (f) (k)
2(g)
200
125
25
25
Riding Academies and Stables (k) (m)
2
200
125
25
25
Rural Convenience Stores & Restaurants
(k)
2 (g)
200
125
25
25
Sewage Lagoons (k)
2
200
125
25
25
Surface Mining Operations, including
gravel pits (k)
2
200
125
25
25
Trucking Establishments (f) (k)
2(g)
200
125
25
25
Veterinary Clinics (k)
2(g)
200
125
25
25
Waste Disposal Sites (k)
2
200
125
25
25
Wind Energy Generation Stations (o) See
also PART 2, Section 2.14 (b).
7
550
125
(p)
125(p)
125 (p)
ACCESSORY USES,
BUILDINGS, AND
STRUCTURES (l) (q)
-
-
125
25
25
The following footnotes form part of this TABLE 4-1:
(a)
In the case of sites which abut roads under the jurisdiction of the Highway
Traffic Board or Manitoba Transportation and Government Services, the
14
setback requirements of the highway authority shall take the place of the
minimum front, side or rear yard requirement, as the case may be.
(b)
Where a side or rear site line is adjacent to a government road allowance or
other municipal road, the minimum required side yard or rear yard shall be 125
feet.
(c)
Apiaries shall be considered as a conditional use when proposed to be located
within 1 mile of a residential or cottage area.
(d)
The minimum front, side and rear yard setback requirements set out in Table
4-1 of this PART apply only to the residence and its accessory buildings
located on the same site as the livestock operation. Information concerning
minimum property line setback information for livestock-related facilities is set
out in Table 5-2 of PART 5 herein.
(e)
Notwithstanding the minimum site area requirement specified in Table 4-1 of
this PART, all newly siting or expanding livestock operations shall have
access to (either by direct ownership or lease) and use of sufficient lands to
accept the application of all of the livestock manure generated by the
operation in a sustainable manner on an annual basis in accordance with the
provisions of the Livestock, Manure & Mortalities Management Regulation
42/98 as amended and the Nutrient Management Regulation 62/2008, as
amended.
(f)
These types of uses may be allowed in the 'AG' AGRICULTURAL GENERAL
ZONE only if Council is satisfied that no suitable site is available in a
community, in accordance with the provisions of the Dennis County Planning
District Development Plan.
(g)
The maximum site area shall be 10 acres, unless physical features of the site,
such as natural drains, shelterbelts, etc. indicate that a slightly larger site
would be appropriate.
(h)
Oil field battery facilities shall be considered as a conditional use only when
they are proposed to be located or expanded within one half mile of any
dwelling or other habitable building; otherwise they shall be considered as a
permitted use.
(i)
Anhydrous ammonia storage facilities shall be set back 330 feet from any
public roadway, and shall be separated by a distance of 1,000 feet from any
individual residence and shall be separated by a distance of 2,640 feet from
any residential or cottage area.
15
(j)
Section 5.7 of PART 5 of this By-law describes special limitations for
hazardous and dangerous materials storage, including agricultural chemical
supply warehouses, inland grain terminals, bulk fuel or fertilizer storage, and
anhydrous ammonia facilities, in proximity to habitable buildings and other
zones.
(k)
Where the site of a proposed development is located within 1,000 feet of a
Provincial Trunk Highway, or within 1/2 mile of a highway intersection, the
proposal shall be referred to Manitoba Transportation and Government
services for review and comment.
(l)
Accessory buildings, structures and uses shall include the following, when
located on the same site or parcel of land as a permitted use or a conditionally
approved agricultural use:
i)
farm dwellings or mobile homes occupied by members of the farm
family or employees associated with the agricultural operation,
ii)
accessory agricultural buildings and structures, including grain storage
structures, machinery storage structures, and livestock confinement
facilities, provided that such livestock confinement facilities are not
specifically provided for as a conditional use in this By-law,
iii)
accessory domestic structures such as private garages and swimming
pools, and
iv)
home-based businesses as provided for in Section 5.8 of PART 5 of
this By-law.
(m)
Animal housing facilities located on conditionally approved small rural land
holdings such as a "riding academy and stables" or a "non-farm dwelling" site
shall be allowed as a permitted accessory use. In such circumstances, each
site shall be allowed to accommodate a maximum of up to nine (9) animal
units (cumulative across species) as calculated from Table 5-1 of PART 5
herein and shall not exceed one animal unit per acre of site area and shall be
subject to the following additional requirements:
i.
The animal housing facility and any manure stored onsite shall be
separated a minimum distance of five hundred (500) feet from the limits
of "UR" Urban Residential Zones, "UN" Urban Non-Residential Zones,
General Development Zones, Rural Residential Zones and/or Seasonal
Recreation Zones and three hundred and twenty-eight (328) feet away
from all residences other than the owner's residence located on the
same site as the animal housing facility and any manure stored onsite,
adjacent motels, restaurants and community buildings. In addition, all
animal housing facilities and any manure stored onsite shall be setback
a minimum of 125 feet from all public roads, and 100 feet from the limits
of the property on which they are sited.
16
ii.
Notwithstanding the nine (9) animal unit cap (cumulative across
species) referred to in this section, where a conditionally approved
riding academy and stables or non-farm dwelling site proposes to keep
ten (10) or more animal units (cumulative across species), they shall be
deemed to be a "livestock operation" as defined in PART 9 herein and
shall be required to satisfy the use and bulk requirements for a
"livestock operation" in the "AG" Agricultural General Zone as set out
in as set out in PART 4, Table 4-1 this by-law as well as having to
satisfy other provisions of PART 5 of the by-law.
(n)
In addition to satisfying the requirements of Table 4-1 of this PART,
telecommunications towers (private for profit) shall be setback a minimum of
1.1 times the total height of the tower (measured from the ground to the
highest point of the structure) from all existing dwellings and this setback
distance shall also mutually apply to newly siting dwellings in the vicinity of
existing telecommunications towers (private for profit). The sole exception to
this
mutual
separation
requirement
between
a
residence
and
a
telecommunications tower shall be where a landowner sites a personal
telecommunications tower for his sole personal use on his own property
adjacent to his principal residence.
i.
A personal telecommunications tower used to support ancillary devices
such as but not limited to citizens band radio, television or internet
service which is located on the same site and in direct support of either
a permitted or conditionally approved single private agricultural activity
or private residential activity shall be treated as a permitted accessory
structure. All such personal telecommunications tower structures shall
be set back from all property lines a minimum distance equal to its total
height, measured from the ground to the uppermost point of its
extension.
ii.
Proponents of a telecommunications tower (private for profit) 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 Transportation and
Government Services, and Manitoba Conservation, prior to the
issuance of a development permit and any required building permits."
(o)
Additional Requirements for Siting Wind Energy Generation Stations:
In addition to satisfying the minimum requirements of Table 4-1 of PART 4
herein, the following additional requirements shall also apply to the
development of wind energy generation stations (WEGS).
17
i.
In addition to the requirements of Table 4-1 of PART 4 herein, each
wind energy generation station (WEGS) facility shall be dedicated only
to the location of the wind energy generation station tower and/or the
associated accessory buildings and infrastructure. The wind turbine
tower is the principal use of the (WEGS) site but the land within the
(WEGS) site that is not used for the facility may be used for compatible
agricultural activities provided all other provisions of this by-law are
satisfied.
ii.
No portion of a (WEGS) tower, including its blade assembly shall
extend beyond the limits of the site on which it is located unless the
adjacent affected property owner has provided written authorization to
the WEGS developer and Development Officer.
iii.
All accessory buildings and structures associated with and located on
the same site as a Wind Energy Generation Station (WEGS) tower
shall be set back a minimum of 125 feet from all site lines of the site on
which the (WEGS) is located. Where the site is located adjacent to a
Provincial Trunk Highways (PTH) or Provincial Road (PR) the setback
requirements, and changes thereto, of the provincial authority having
jurisdiction shall apply.
iv.
A (WESG) project involving more than one site and/or parcel of land
may be processed at the same time. However, separate conditional
use applications and any resulting conditional use orders shall be
issued for each separate site containing one or more wind energy
generation station tower.
v.
Proponents of a wind energy generation station (WEGS) development
shall submit to the Development Officer a detailed site plan showing the
location of all wind turbine towers, electrical lines (above or below
ground), on-site roads and driveways providing access to the public
road system and setback information to adjacent development as part
of the conditional use application.
vi.
Proponents of a (WEGS) development 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 Transportation and Government Services,
The Mines Branch, The Petroleum Branch and Manitoba Conservation,
prior to the issuance of a development permit and any required building
permits.
18
vii.
When locating a proposed wind energy generation station tower in the
vicinity of an airport all Transport Canada regulations regarding lighting,
height and location of buildings and structures shall be satisfied.
viii.
A development permit and building permit (if required) shall be obtained
prior to the commencement of construction.
ix.
All signage affixed to a commercial Wind Energy Generation Station
(WEGS) towers shall be subject to the approval of Council. Any
illumination of the facility shall be arranged so that it does not create
glare at any nearby property or public roadway.
x.
A private wind energy generation station (WEGS) located on the same
site and in direct support of either a permitted or conditionally approved
single private agricultural activity or private residential activity shall be
treated as an accessory structure. This structure shall be set back from
all property lines a minimum distance equal to its total height, measured
from the ground to the uppermost point of extension of its rotors.
xi.
The total height of all (WEGS) towers shall be the distance measured
from the ground to the uppermost point of the extension of any rotor
blade.
(p)
Minimum Separation Distances Between Wind Energy Generation Stations
and Adjacent Development:
In addition to satisfying the minimum requirements of Table 4-1 of PART 4
herein, the following additional mutual separation distances set out below
shall also apply to both land uses cited in each clause).
i.
Except as provided for in clause ii of this footnote (below), all
(WEGS) tower bases, shall be separated a minimum distance of
1,640 feet (500 m) from all dwellings or other habitable buildings
(e.g. motels) located on all lands;
ii.
All (WEGS) tower bases shall be separated a minimum distance
of one and one half (1.5) times the total height of the tower plus
rotor from employee accommodation buildings built and owned
by the wind tower company on associated owned or leased
lands;
iii.
All (WEGS) towers shall be separated a minimum of 1.1 times
their total height from any other titled property including the
boundary of a railway right-of-way, government road allowance
or provincial road or provincial trunk highway. Where a
(WEGS) is proposed within the control area of a provincial road
19
or provincial trunk highway, they shall be subject to the approval
of the provincial authority having jurisdiction.
iv.
All (WEGS) tower bases shall be setback a minimum two
hundred (200 feet) from the ordinary high water level of a lake or
water course.
v.
All WEGS) tower bases shall be setback a minimum of one half
mile (2640 feet) from all zoned "UR" Urban Residential, "UN"
Urban Non-Residential, "GD" General Development, "RR" Rural
Residential and "SR" Seasonal Recreation zones.
vi.
The facility shall be separated by a distance of one mile (5,280)
feet of any area which has been designated as a provincial park,
wildlife management area, ecological reserve, or lands identified
as containing sensitive ecological habitat by the Province of
Manitoba.
(q)
Solid fuel fired heating appliances, designed to be external to the building that
they heat, shall be considered as a permitted accessory building in the "AG",
Agriculture General, zone provided it is located at least 1/2 (half) a mile from
any designated area or residential building that is not associated with the
appliance. If the appliance is to be located within 1/2 (half) a mile of a
designated area or an unrelated residential building the appliance will be
considered a conditional use.
20
TABLE 4-2: "AML" AGRICULTURAL MODERATELY LIMITED ZONE - USE &
BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS (a)
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
(b)
Rear
Yard
(feet)
(b)
PERMITTED PRINCIPAL USES
Agricultural Activities, General
80
1,000
125
25
25
Agricultural Activities, Specialized (c)
2
200
125
25
25
Livestock Operations between 10 and
150 animal units (cumulative across
species) in the "AML" zone (d). See
also PART 5 herein.
80 (e)
1,000
125
25
25
Market Gardens, Nurseries or
Greenhouses (k)
2
200
125
25
25
Telecommunications Towers (private
for profit) (k) (n)
4(g)
300
125
125
125
CONDITIONAL USES
Advertising signs, over 50 sq. ft. in
area (k)
-
-
Determined by Council
Agricultural Irrigation Operations
(See Sections 5.12 to 5.14)
80
1,000
125
25
25
Aircraft Landing Areas (k)
10
200
125
25
25
Auction Marts (k)
2(g)
200
125
25
25
Automobile or Farm Implement
Salvage or Wrecking Establishments
(k)
2(g)
200
125
25
25
Campgrounds (k)
2(g)
200
125
25
25
Cemeteries (k)
2(g)
200
125
25
25
Community Halls (f) (k)
2(g)
200
125
25
25
Earth Moving Contractors (k)
2(g)
200
125
25
25
Establishments for the storage,
handling or processing of agricultural
produce, in return for remuneration
(f) (j) (k)
2
200
125
25
25
Establishments for the sales, storage,
service or distribution of agricultural
supplies, equipment or structures (f)
(j) (k)
2(g)
200
125(i)
25(i)
25(I)
Establishments related to the
harvesting of natural resources, such
2(g)
200
125
25
25
21
TABLE 4-2: "AML" AGRICULTURAL MODERATELY LIMITED ZONE - USE &
BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS (a)
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
(b)
Rear
Yard
(feet)
(b)
as oil and gas (k)
Exhibition Grounds (k)
2
200
125
25
25
Fuel Sales and Storage
Establishments (j) (k)
2(g)
200
125
25
25
Fur Farms (k)
2(g)
200
125
25
25
Kennels (k)
2(g)
200
125
25
25
Livestock Operations with 151 animal
units or more (cumulative across
species) in the "AML" zone. (d) (k)
See also PART 5 herein.
80 (e)
1,000
125
25
25
Manufacturing, Fabricating,
Machining, Processing or Repair
Establishments (f) (k)
2(g)
200
125
25
25
Motor Vehicle or Agricultural
Equipment Body Shops, Salvage or
Wrecking Operations (k)
2(g)
200
125
25
25
Museums or Historic Sites (k)
2(g)
200
125
25
25
Non-Farm Dwellings (k) (m)
2(g)
200
125
25
25
Oil Field Battery Facilities (h) (k)
2(g)
200
125
25
25
Public Works Compounds and
Maintenance Buildings (k)
2(g)
200
125
25
25
Recreation Facilities (f) (k)
2 (g)
200
125
25
25
Religious Institutions (f) (k)
2(g)
200
125
25
25
Riding Academies and Stables (k)
(m)
2
200
125
25
25
Rural Convenience Stores &
Restaurants (k)
2 (g)
200
125
25
25
Sewage Lagoons (k)
2
200
125
25
25
Surface Mining Operations, including
gravel pits (k)
2
200
125
25
25
Trucking Establishments (f) (k)
2(g)
200
125
25
25
Veterinary Clinics (k)
2(g)
200
125
25
25
Waste Disposal Sites (k)
2
200
125
25
25
Wind Energy Generation Stations (o)
7
550
125 (p)
125(p)
125(p)
22
TABLE 4-2: "AML" AGRICULTURAL MODERATELY LIMITED ZONE - USE &
BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS (a)
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
(b)
Rear
Yard
(feet)
(b)
See also PART 2, Section 2.14 (b).
ACCESSORY USES,
BUILDINGS, AND
STRUCTURES (l) (q)
-
-
125
25
25
The following footnotes form part of this TABLE 4-2:
(a)
In the case of sites which abut roads under the jurisdiction of the Highway
Traffic Board or Manitoba Transportation and Government Services, the
setback requirements of the highway authority shall take the place of the
minimum front, side or rear yard requirement, as the case may be.
(b)
Where a side or rear site line is adjacent to a government road allowance or
other municipal road, the minimum required side yard or rear yard shall be 125
feet.
(c)
Apiaries shall be considered as a conditional use when proposed to be located
within 1 mile of a residential or cottage area.
(d)
The minimum front, side and rear yard setback requirements set out in Table
4-2 of this PART apply only to the residence and its accessory buildings
located on the same site as the livestock operation. Information concerning
minimum property line setback information for livestock-related facilities is set
out in Table 5-5 of PART 5 herein.
(e)
Notwithstanding the minimum site area requirement specified in Table 4-2 of
this PART, all newly siting or expanding livestock operations shall have
access to (either by direct ownership or lease) and use of sufficient lands to
accept the application of all of the livestock manure generated by the
operation in a sustainable manner on an annual basis in accordance with the
provisions of the Livestock, Manure & Mortalities Management Regulation
42/98 as amended and the Nutrient Management Regulation 62/2008, as
amended.
23
(f)
These types of uses may be allowed in the "AML" AGRICULTURAL
MODERATELY LIMITED ZONE only if Council is satisfied that no suitable site
is available in a community, in accordance with the provisions of the Dennis
County Planning District Development Plan.
(g)
The maximum site area shall be 10 acres, unless physical features of the site,
such as natural drains, shelterbelts, etc. indicate that a slightly larger site
would be appropriate.
(h)
Oil field battery facilities shall be considered as a conditional use only when
they are proposed to be located or expanded within one half mile of any
dwelling or other habitable building; otherwise they shall be considered as a
permitted use.
(i)
Anhydrous ammonia storage facilities shall be set back 330 feet from any
public roadway, and shall be separated by a distance of 1,000 feet from any
individual residence and shall be separated by a distance of 2,640 feet from
any residential or cottage area.
(j)
Section 5.7 of PART 5 of this by-law describes special limitations for
hazardous and dangerous materials storage, including agricultural chemical
supply warehouses, inland grain terminals, bulk fuel or fertilizer storage, and
anhydrous ammonia facilities, in proximity to habitable buildings and other
zones.
(k)
Where the site of a proposed development is located within 1,000 feet of a
Provincial Trunk Highway, or within 1/2 mile of a highway intersection, the
proposal shall be referred to Manitoba Transportation and Government
services for review and comment.
(l)
Accessory buildings, structures and uses shall include the following, when
located on the same site or parcel of land as a permitted use or a conditionally
approved agricultural use:
i.
farm dwellings or mobile homes occupied by members of the farm
family or employees associated with the agricultural operation,
ii.
accessory agricultural buildings and structures, including grain storage
structures, machinery storage structures, and livestock confinement
facilities, provided that such livestock confinement facilities are not
specifically provided for as a conditional use in this By-law,
iii.
accessory domestic structures such as private garages and swimming
pools, and
iv.
home-based businesses as provided for in Section 5.8 of PART 5 of
this By-law.
24
(m)
Animal housing facilities located on conditionally approved small rural land
holdings such as a "riding academy and stables" or a "non-farm dwelling" site
shall be allowed as a permitted accessory use. In such circumstances, each
site shall be allowed to accommodate a maximum of up to nine (9) animal
units (cumulative across species) as calculated from Table 5-1 of PART 5
herein and shall not exceed one animal unit per acre of site area and shall be
subject to the following additional requirements:
i.
The animal housing facility and any manure stored onsite shall be
separated a minimum distance of five hundred (500) feet from the limits
of "UR" Urban Residential Zones, "UN" Urban Non-Residential Zones,
General Development Zones, Rural Residential Zones and/or
Seasonal Recreation Zones and three hundred and twenty-eight (328)
feet away from all residences other than the owner's residence located
on the same site as the animal housing facility and any manure stored
onsite, adjacent motels, restaurants and community buildings. In
addition, all animal housing facilities and any manure stored onsite shall
be setback a minimum of 125 feet from all public roads, and 100 feet
from the limits of the property on which they are sited.
ii.
Notwithstanding the nine (9) animal unit cap (cumulative across
species) referred to in this section, where a conditionally approved
riding academy and stables or non-farm dwelling site proposes to keep
ten (10) or more animal units (cumulative across species), they shall be
deemed to be a "livestock operation" as defined in PART 9 herein and
shall be required to satisfy the use and bulk requirements for a
"livestock operation" in the "AML" Agricultural Moderately Limited
Zone as set out in as set out in PART 4, Table 4-2 this by-law as well
as having to satisfy other provisions of PART 5 of the by-law.
(n)
In addition to satisfying the requirements of Table 4-2 of this PART,
telecommunications towers (private for profit) shall be setback a minimum of
1.1 times the total height of the tower (measured from the ground to the
highest point of the structure) from all existing dwellings and this setback
distance shall also mutually apply to newly siting dwellings in the vicinity of
existing telecommunications towers (private for profit). The sole exception to
this
mutual
separation
requirement
between
a
residence
and
a
telecommunications tower shall be where a landowner sites a personal
telecommunications tower for his sole personal use on his own property
adjacent to his principal residence.
i.
A personal telecommunications tower used to support ancillary devices
such as but not limited to citizens band radio, television or internet
service which is located on the same site and in direct support of either
a permitted or conditionally approved single private agricultural activity
25
or private residential activity shall be treated as a permitted accessory
structure. All such personal telecommunications tower structures shall
be set back from all property lines a minimum distance equal to its total
height, measured from the ground to the uppermost point of its
extension.
ii.
Proponents of a telecommunications tower (private for profit) 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 Transportation and
Government Services, and Manitoba Conservation, prior to the
issuance of a development permit and any required building permits.
(o)
Additional Requirements for Siting Wind Energy Generation Stations:
In addition to satisfying the minimum requirements of Table 4-2 of PART 4
herein, the following additional requirements shall also apply to the
development of wind energy generation stations (WEGS).
i.
In addition to the requirements of Table 4-2 of PART 4 herein, each
wind energy generation station (WEGS) facility shall be dedicated only
to the location of the wind energy generation station tower and/or the
associated accessory buildings and infrastructure. The wind turbine
tower is the principal use of the (WEGS) site but the land within the
(WEGS) site that is not used for the facility may be used for compatible
agricultural activities provided all other provisions of this by-law are
satisfied.
ii.
No portion of a (WEGS) tower, including its blade assembly shall
extend beyond the limits of the site on which it is located unless the
adjacent affected property owner has provided written authorization to
the WEGS developer and Development Officer.
iii.
All accessory buildings and structures associated with and located on
the same site as a Wind Energy Generation Station (WEGS) tower
shall be set back a minimum of 125 feet from all site lines of the site on
which the (WEGS) is located. Where the site is located adjacent to a
Provincial Trunk Highways (PTH) or Provincial Road (PR) the setback
requirements, and changes thereto, of the provincial authority having
jurisdiction shall apply.
iv.
A (WESG) project involving more than one site and/or parcel of land
may be processed at the same time. However, separate conditional
use applications and any resulting conditional use orders shall be
issued for each separate site containing one or more wind energy
generation station tower.
26
v.
Proponents of a wind energy generation station (WEGS) development
shall submit to the Development Officer a detailed site plan showing the
location of all wind turbine towers, electrical lines (above or below
ground), on-site roads and driveways providing access to the public
road system and setback information to adjacent development as part
of the conditional use application.
vi.
Proponents of a (WEGS) development 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 Transportation and Government Services,
The Mines Branch, The Petroleum Branch and Manitoba Conservation,
prior to the issuance of a development permit and any required building
permits.
vii.
When locating a proposed wind energy generation station tower in the
vicinity of an airport all Transport Canada regulations regarding lighting,
height and location of buildings and structures shall be satisfied.
viii.
A development permit and building permit (if required) shall be obtained
prior to the commencement of construction.
ix.
All signage affixed to a commercial Wind Energy Generation Station
(WEGS) towers shall be subject to the approval of Council. Any
illumination of the facility shall be arranged so that it does not create
glare at any nearby property or public roadway.
x.
A private wind energy generation station (WEGS) located on the same
site and in direct support of either a permitted or conditionally approved
single private agricultural activity or private residential activity shall be
treated as an accessory structure. This structure shall be set back from
all property lines a minimum distance equal to its total height, measured
from the ground to the uppermost point of extension of its rotors.
xi.
The total height of all (WEGS) towers shall be the distance measured
from the ground to the uppermost point of the extension of any rotor
blade.
(p)
Minimum Separation Distances Between Wind Energy Generation Stations
and Adjacent Development:
In addition to satisfying the minimum requirements of Table 4-2 of PART 4
herein, the following additional mutual separation distances set out below
shall also apply to both land uses cited in each clause).
27
i.
Except as provided for in clause ii of this footnote (below), all (WEGS)
tower bases, shall be separated a minimum distance of 1,640 feet (500
m) from all dwellings or other habitable buildings (e.g. motels) located
on all lands;
ii.
All (WEGS) tower bases shall be separated a minimum distance of one
and one half (1.5) times the total height of the tower plus rotor from
employee accommodation buildings built and owned by the wind tower
company on associated owned or leased lands;
iii.
All (WEGS) towers shall be separated a minimum of 1.1 times their
total height from any other titled property including the boundary of a
railway right-of-way, government road allowance or provincial road or
provincial trunk highway. Where a (WEGS) is proposed within the
control area of a provincial road or provincial trunk highway, they shall
be subject to the approval of the provincial authority having jurisdiction.
iv.
All (WEGS) tower bases shall be setback a minimum two hundred (200
feet) from the ordinary high water level of a lake or water course.
v.
All WEGS) tower bases shall be setback a minimum of one half mile
(2640 feet) from all zoned "UR" Urban Residential, "UN" Urban Non-
Residential, "GD" General Development, "RR" Rural Residential and
"SR" Seasonal Recreation zones.
vi.
The facility shall be separated by a distance of one mile (5,280) feet of
any area which has been designated as a provincial park, wildlife
management area, ecological reserve, or lands identified as containing
sensitive ecological habitat by the Province of Manitoba.
(q)
Solid fuel fired heating appliances, designed to be external to the building that
they heat, shall be prohibited as accessory buildings in the "AML", Agricultural
Moderately Limited Zone.
28
TABLE 4-3: "AL"' AGRICULTURAL LIMITED ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS (a)
Site
Area
(Acres
)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
(b)
Rear
Yard
(feet)
(b)
PERMITTED PRINCIPAL USES
Agricultural Activities, General (c)
80
1,000
125
25
25
Agricultural Activities, Specialized
2
200
125
25
25
Community Halls (d) (g)
2 (e)
200
125
25
25
Exhibition Grounds (g)
2
200
125
25
25
Livestock Operations between 10 and 75
animal units (cumulative across species)
in the "AL" zone (i). See also PART 5
herein.
80 (j)
1,000
125
25
25
Market Gardens, Nurseries or
Greenhouses (g)
2
200
125
25
25
Telecommunications Towers (private for
profit) (g) (k)
4(e)
300
125
125
125
CONDITIONAL USES
Advertising signs over 50 sq. ft. in area
(g)
-
-
As determined by Council
Auction Marts (g)
2(e)
200
50
25
25
Automobile or Farm Implement Salvage
or Wrecking Establishments, or Body
Repairs (g)
2(e)
200
125
25
25
Campgrounds (g)
2(e)
200
50
25
25
Community Halls (d) (g)
2(e)
200
125
25
25
Earth Moving Contractors (g)
2(e)
200
50
25
25
Establishments for the storage, handling
or processing of agricultural produce, in
return for remuneration (d) (f) (g)
2
200
50
25
25
Establishments for the sales, storage,
service or distribution of agricultural
supplies, equipment or structures (d) (f)
(g)
2(e)
200
50
25(f)
25(f)
Establishments related to the harvesting
of natural resources, such as oil and gas
(g)
2(e)
200
50
25
25
Fuel Sales and Storage Establishments
(f) (g)
2(e)
200
50
25
25
Kennels (g)
2(e)
200
50
25
25
29
TABLE 4-3: "AL"' AGRICULTURAL LIMITED ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS (a)
Site
Area
(Acres
)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
(b)
Rear
Yard
(feet)
(b)
Livestock Operations with 76 animal
units or more (cumulative across
species) in the "AL" zone. (g) (i) See
also PART 5 herein.
80 (j)
1,000
125
25
25
Manufacturing, Fabricating, Machining,
Processing or Repair Establishments (d)
(g)
2(e)
200
50
25
25
Motor Vehicle or Agricultural Equipment
Body Shops, Salvage or Wrecking
Operations (g)
2(e)
200
50
25
25
Museums or Historic Sites (g)
2(e)
200
50
25
25
Non-Farm Dwellings (c) (g)
2(e)
200
50
25
25
Public Works Compounds and
Maintenance Buildings (g)
2(e)
200
50
25
25
Recreation Facilities (d) (g)
2 (e)
200
125
25
25
Religious Institutions (d) (g)
2(e)
200
50
25
25
Riding Academies and Stables (c) (g)
2
200
50
25
25
Sewage Lagoons (g)
2
200
50
25
25
Trucking Establishments (d) (g)
2(e)
200
50
25
25
Veterinary Clinics (g)
2(e)
200
50
25
25
ACCESSORY USES,
BUILDINGS & STRUCTURES
(h) (l)
-
-
50
25
25
The following footnotes form part of this TABLE 4-3:
(a)
In the case of sites which abut roads under the jurisdiction of the Highway
Traffic Board or Manitoba Transportation and Government Services, the
setback requirements of the highway authority shall take the place of the
minimum front, side or rear yard requirement, as the case may be.
(b)
Where a side site line or rear site line is adjacent to a government road
allowance or other municipal road, the minimum required side yard or rear
yard requirement shall be 50 feet.
30
(c)
Animal housing facilities located on conditionally approved small rural land
holdings such as a "riding academy and stables" or a "non-farm dwelling" site
shall be allowed as a permitted accessory use. In such circumstances, each
site shall be allowed to accommodate a maximum of up to nine (9) animal
units (cumulative across species) as calculated from Table 5-1 of PART 5
herein and shall not exceed one animal unit per acre of site area and shall be
subject to the following additional requirements:
i.
The animal housing facility and any manure stored onsite shall be
separated a minimum distance of five hundred (500) feet from the limits
of "UR" Urban Residential Zones, "UN" Urban Non-Residential Zones,
General Development Zones, Rural Residential Zones and/or
Seasonal Recreation Zones and three hundred and twenty-eight (328)
feet away from all residences other than the owner's residence located
on the same site as the animal housing facility and any manure stored
onsite, adjacent motels, restaurants and community buildings. In
addition, all animal housing facilities and any manure stored onsite shall
be setback a minimum of 125 feet from all public roads, and 100 feet
from the limits of the property on which they are sited.
ii.
Notwithstanding the nine (9) animal unit cap (cumulative across
species) referred to in this section, where a conditionally approved
riding academy and stables or non-farm dwelling site proposes to keep
ten (10) or more animal units (cumulative across species), they shall be
deemed to be a "livestock operation" as defined in PART 9 herein and
shall be required to satisfy the use and bulk requirements for a
"livestock operation" in the "AL" Agricultural Limited Zone as set out
in as set out in PART 4, Table 4-3 this by-law as well as having to
satisfy other provisions of PART 5 of the by-law."
(d)
These types of uses may be allowed in the '"AL" AGRICULTURAL LIMITED
ZONE only if no suitable site is available in the "UN" Urban Non-Residential
Zone, in accordance with the provisions of the Dennis County Planning District
Development Plan.
(e)
The maximum site area shall be 10 acres, unless physical features of the site,
such as natural drains, shelterbelts, etc. indicate that a slightly larger site
would be appropriate.
(f)
Section 5.7 of PART 5 of this By-law describes special limitations for
hazardous and dangerous materials storage, including agricultural chemical
supply warehouses, inland grain terminals, bulk fuel or fertilizer storage, and
anhydrous ammonia facilities, in proximity to habitable buildings and other
zones.
31
(g)
Where the site of a proposed development is located within 1,000 feet of a
Provincial Trunk Highway, or within 1/2 mile of a highway intersection, the
proposal shall be referred to Manitoba Transportation and Government
services for review and comment.
(h)
Accessory buildings, structures and uses shall include the following, when
located on the same site or parcel of land as a permitted use or a conditionally
approved agricultural use:
i.
farm dwellings or mobile homes occupied by members of the farm
family or employees associated with the agricultural operation,
ii.
accessory agricultural buildings and structures, including grain storage
structures, machinery storage structures, and livestock confinement
facilities, provided that such livestock confinement facilities are not
specifically provided for as a conditional use in this By-law,
iii.
accessory domestic structures such as private garages and swimming
pools, and
iv.
home-based businesses as provided for in Section 5.8 of PART 5 of
this By-law.
(i)
The minimum front, side and rear yard setback requirements set out in Table
4-3 of this PART apply only to the residence and its accessory buildings
located on the same site as the livestock operation. Information concerning
minimum property line setback information for livestock-related facilities is set
out in Table 5-8 of PART 5 herein.
(j)
Notwithstanding the minimum site area requirement specified in Table 4-3 of
this PART, all newly siting or expanding livestock operations shall have
access to (either by direct ownership or lease) and use of sufficient lands to
accept the application of all of the livestock manure generated by the
operation in a sustainable manner on an annual basis in accordance with the
provisions of the Livestock, Manure & Mortalities Management Regulation
42/98 as amended and the Nutrient Management Regulation 62/2008, as
amended.
(k)
In addition to satisfying the requirements of Table 4-3 of this PART,
telecommunications towers (private for profit) shall be setback a minimum of
1.1 times the total height of the tower (measured from the ground to the
highest point of the structure) from all existing dwellings and this setback
distance shall also mutually apply to newly siting dwellings in the vicinity of
existing telecommunications towers (private for profit). The sole exception to
this
mutual
separation
requirement
between
a
residence
and
a
telecommunications tower shall be where a landowner sites a personal
telecommunications tower for his sole personal use on his own property
adjacent to his principal residence.
32
i)
A personal telecommunications tower used to support ancillary
devices such as but not limited to citizens band radio, television or
internet service which is located on the same site and in direct
support of either a permitted or conditionally approved single private
agricultural activity or private residential activity shall be treated as a
permitted
accessory
structure.
All
such
personal
telecommunications tower structures shall be set back from all
property lines a minimum distance equal to its total height,
measured from the ground to the uppermost point of its extension.
ii)
Proponents of a telecommunications tower (private for profit) 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
Transportation
and
Government
Services,
and
Manitoba
Conservation, prior to the issuance of a development permit and
any required building permits."
(l)
Solid fuel fired heating appliances, designed to be external to the building that
they heat, shall be prohibited as accessory buildings in the "AL", Agricultural
Limited Zone.
33
TABLE 4-4: 'UR' URBAN RESIDENTIAL ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED PRINCIPAL USES
Bed and Breakfast establishments,
with a maximum of 4 suites
7,500
75
25
5(b)
25
Boarding or Rooming Houses, with a
maximum of 4 suites
7,500
75
25
5(b)
25
Day Care Facilities, accommodating
up to 8 children
7,500
75
25
5(b)
25
Dwellings, single-family
5,000(c)
50 (c)
25
5(b)
25
Dwellings, two-family (e) (f)
7,500
75
25
5(b)
25
Dwellings, multiple-family, up to 4
dwelling units (e) (f)
(g)
100
25
5(b)
25
Existing Uses at the date of adoption
of this By-law
5,000
50
25
5(b)
25
Parks or Playgrounds
1,000
20
-
-
-
Public Utilities
5,000(h)
50(h)
25(h)
5(h)
25(h)
Religious Institutions
5,000 (c)
50
25
5(b)
25
Residential Care Facilities, providing
service for up to 4 persons
7,500
75
25
5(b)
25
CONDITIONAL USES
Boarding or Rooming Houses, with
more than 4 suites
7,500
50
25
5(b)
25
Clubs, Private or Public
5,000
50
25
5(b)
25
Cultural Facilities, including
auditoriums, community clubs,
libraries, museums, theatres, and
historic sites
5,000
50
25
5(b)
25
Day Care Facilities accommodating 9
or more children
7,500
75
25
5(b)
25
Dwellings, mobile and modular homes
5,000
50
25
5(b)(d)
10
Dwellings, multiple-family, over 4
dwelling units (f)
(g)
100
25
5(b)
25
Funeral Homes
7,500
75
25
5(b)
25
Institutional Buildings, including
hospitals, schools, personal care
homes and senior citizen homes
20,000
100
25
15
25
Recreation Facilities
5,000
50
25
5(b)
25
Residential Care Facilities, providing
7,500
75
25
5(b)
25
34
TABLE 4-4: 'UR' URBAN RESIDENTIAL ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
service to 5 persons or more
ACCESSORY USES,
BUILDINGS &
STRUCTURES (l) (m) (n) (o)
-
-
25(l)
5(i)(k)
5(j)(k)
The following footnotes form part of this TABLE 4-4:
(a)
In addition to the minimum requirements of this TABLE, the following
requirements shall also apply:
(i)
Maximum allowable height for all principal buildings and structures
shall be 30 feet;
(ii)
Maximum allowable height for all accessory buildings and structures
shall be 12 feet; and
(iii)
Minimum dwelling unit area shall be 1,000 square feet.
(b)
The minimum required side yard shall be adjusted as follows:
(i)
When located on a corner site, the minimum required side yard on the
street side of the site for all principal and accessory buildings and
structures shall be 15 percent of the actual site width, to a maximum of
15 feet;
(ii)
Where the height of the building is in excess of 20 feet above average
grade, the required side yard shall be half the height of the building, to
a maximum of 15 feet; and
(iii)
Where the side wall of the building contains any window in excess of
20 square feet in area; the minimum required interior side yard shall
be 15 feet.
(c)
Where new residential lots are being created in residential expansion areas
at the periphery of the community, the minimum site area requirement shall
be 7,500 square feet and the minimum site width requirement shall be 75
feet.
(d)
For mobile home sites, there shall be an open space at least 20 ft. by 50 ft.
adjacent to the side of the mobile home containing either the entrance or the
main living room window, to be utilized for household exterior recreational
use.
35
(e)
In the case of two-family dwellings, each unit may occupy a separate site, in
which case the minimum site area requirement shall be 3,500 sq. ft., the
minimum site width requirement shall be 35 ft. and the minimum side yard
requirement along the party wall shall be 0 ft.
(f)
Where dwellings are to be developed in accordance with a bare land
condominium concept, the minimum required site area, minimum required
site width, and minimum required yards shall not apply to individual
condominium units; however, the front and rear walls of the condominium
structure shall be set back a minimum distance of 25 ft. from the front and
rear boundaries of the condominium lot, and the side wall shall be set back a
minimum distance of 5 ft. from the side boundary, unless the wall is a party
wall, in which case the minimum required side yard shall be 0 ft..
(g)
The minimum required site area for the first 3 dwelling units shall be 9,000
square feet, and the minimum required site area shall increase by an
additional 1,000 square feet for each additional dwelling unit above 3 units.
(h)
Where the proposed development consists of a building or structure less than
100 square feet in floor area, a smaller site may be approved, provided that
the site is not adjacent to a required front yard of a residential site, and
provided that a separation distance of 7 feet is maintained from all site lines.
(i)
When located entirely to the rear of the principal building, the minimum
required interior side yard for accessory buildings and structures shall be 3
feet.
(j)
Where the rear site line is not adjacent to a public lane, the minimum required
rear yard for accessory buildings and structures shall be 3 feet.
(k)
Where an accessory building is used for the storage of a motor vehicle, the
wall which contains the vehicular access door shall be set back a minimum
distance of 10 feet from a public lane or public street.
(l)
The maximum allowable height for a fence in a required front yard shall be 3
feet above grade.
(m)
The keeping of livestock and/or the construction of buildings or other
structures or enclosures for the purposes of keeping livestock shall not be
permitted within the "UR" Urban Residential Zone.
(n)
Home-based businesses shall be subject to the requirements of Section 5.8
of PART 5 of this By-law.
36
(o)
Solid fuel fired heating appliances, designed to be external to the building that
they heat, shall be prohibited as accessory buildings in the "UR" Urban
Residential Zone.
37
TABLE 4-5: 'UN' URBAN NON-RESIDENTIAL ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS (b)
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED PRINCIPAL USES
Accommodation Facilities,
including Hotels and Motels
10,000
100
25(c)
25(d)
25(d)
Automobile Service Stations or
Sales Establishments
10,000
100
25(c)
25(c)
25(c)
Bakeries
5,000
50
25(c)
10(c)
25(c)
Campgrounds
20,000
100
25
25
25
Clubs, Private or Public
5,000
50
25(c)
10(c)
25(c)
Cultural Facilities, including
auditoriums, community clubs and
halls, libraries, museums,
theatres, and historic sites
5,000
50
25(c)
10(c)
25(c)
Emergency Services, including
police and fire stations
5,000
50
25(c)
10(c)
25(c)
Establishments for the provision of
personal services, including
offices, financial institutions,
clinics, salons, day care facilities
and funeral homes
5,000
50
25(c)
10(c)
25(c)
Establishments for the sale of
goods or services, provided that
all storage is within a fully
enclosed building
5,000
50
25(c)
10(c)
25(c)
Exhibition Grounds
20,000
100
25
15
25
Food or Beverage Service
Establishments
5,000
50
25(c)
10(c)
25(c)
Institutional Buildings, including
hospitals, schools, personal care
homes and senior citizen homes
20,000
100
25
15
25
Nurseries or Greenhouses
5,000
50
25(c)
10(c)
25(c)
Parks or Playgrounds
1,000
20
-
-
-
Printing or Publishing
Establishments
5,000
50
25(c)
10(c)
25(c)
Public Parking Areas
5,000
50
-
-
-
Public Utilities
5,000(e)
50(e)
25(c) (e)
10(c) (e) 25(c) (e)
Recreation Facilities
5,000
50
25(c)
10(c)
25(c)
Religious Institutions
5,000
50
25(c)
10(c)
25(c)
38
TABLE 4-5: 'UN' URBAN NON-RESIDENTIAL ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS (b)
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
Storage Buildings and
Warehouses for Non-Hazardous
Materials
5,000
50
25(c)
10(c)
25(c)
CONDITIONAL USES
Advertising Signs over 50 sq. ft.
-
-
As determined by Council
Automobile Body Repair Shops
10,000
100
25(c)
10(c)
25(c)
Conversion of Commercial
Buildings or Uses to Residential
5,000
50
25 (c)
10 (c)
25 (c)
Drive-Through Facilities or
Businesses
5,000
50
25
10(c)
25(c)
Earth Moving Contractors and
Ready-Mix Concrete Suppliers
10,000
100
25
15
25
Establishments for the storage,
handling or processing of
agricultural produce, for
remuneration (g)
10,000
100
25
15(f)
25(f)
Establishments for the sales,
storage, service or distribution of
agricultural supplies, equipment or
structures (g)
10,000
100
25(c)
15(c) (f)
25(c)(f)
Establishments for the sale of
goods and services, where there
is exterior storage of products
10,000
100
25(c)
15(c)
25(c)
Fuel Sales and Storage
Establishments (g)
5,000
50
25(c)
10(c)
25(c)
Manufacturing, Fabricating,
Machining, Processing or Repair
Establishments, not described
elsewhere in this TABLE
5,000
50
25(c)
10(c) (f)
25(c) (f)
Public Works Compounds and
Maintenance Buildings
5,000
50
25(c)
10(c)
25(c)
Storage Facilities and
Compounds, Exterior, for non-
hazardous materials
5,000
50
25(c)
10(c)
25(c)
Trucking Establishments
10,000
100
25
15
25
Veterinary Clinics
10,000
100
25
15
25
39
TABLE 4-5: 'UN' URBAN NON-RESIDENTIAL ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS (b)
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
ACCESSORY USES,
BUILDINGS AND
STRUCTURES (h) (j) (k)
-
-
25(c)(i)
5(i)
5(i)
The following footnotes form part of this TABLE 4-5:
(a)
In addition to the minimum requirements of this TABLE, the maximum allowable
height for all principal buildings and structures shall be 30 feet, and the maximum
allowable height for all accessory buildings and structures shall be 18 feet, with the
exception of grain storage structures, fuel and fertilizer storage tanks, church
steeples and telecommunications towers.
(b)
In the case of sites which abut roads under the jurisdiction of the Highway Traffic
Board or Manitoba Transportation and Government Services, the setback
requirements of the highway authority shall take the place of the minimum front,
side or rear yard requirement, as the case may be.
(c)
When located in the central business area of the community, as illustrated on
Zoning Map 2, the minimum required yard shall be 5 feet.
(d)
Where the exterior wall does not contain any exterior windows or entrances to
individual suites, and where there is sufficient parking provided elsewhere, the
minimum required yard shall be 5 feet.
(e)
Where the proposed development consists of a building or structure less than 100
square feet in floor area, a smaller site may be approved, provided that the site is
not adjacent to a required front yard of a residential site, and provided that a
separation distance of 7 feet is maintained from all site lines.
(f)
Where the side or rear site line of a site coincides with the boundary of a railway
right-of-way, the minimum required yard shall be 0 ft. for those structures which
require railway service for loading or unloading.
(g)
Section 5.7 of PART 5 of this By-law describes special limitations for hazardous
and dangerous materials storage, including agricultural chemical supply
warehouses, inland grain terminals, bulk fuel or fertilizer storage, and anhydrous
ammonia facilities, in proximity to habitable buildings and other zones.
(h)
Accessory residential suites are permitted within the second storey or rear portion
of the first storey of any commercial building.
40
(i)
Where an accessory building is used for the storage of a motor vehicle, the wall
which contains the vehicular access door shall be set back a minimum distance of
10 feet from a public lane or street.
(j)
The keeping of livestock and/or the construction of buildings or other structures or
enclosures for the purposes of keeping livestock shall not be permitted within the
"UN" Urban Non-Residential Zone.
(k)
Solid fuel fired heating appliances, designed to be external to the building that they
heat, shall be prohibited as accessory buildings in the "UN" Urban Non-Residential
Zone.
41
TABLE 4-6: "GD" GENERAL DEVELOPMENT ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS (b)
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED PRINCIPAL USES
Accommodation Facilities,
including Hotels and Motels
15,000
100
25(d)
15
25
Bakeries
15,000(c)
100(c)
25(d)
15(c)
25
Bed and Breakfast
Establishments, with a maximum
of 4 suites
15,000(c)
100(c)
25
15(c)
25
Boarding or Rooming Houses,
with a maximum of 4 suites
15,000(c)
100(c)
25
15(c)
25
Campgrounds
20,000
100
25
15
25
Clubs, Private or Public
15,000(c)
100(c)
25(d)
15(c)
25
Cultural Facilities, including
auditoriums, community clubs
and halls, libraries, museums,
theatres, and historic sites
15,000(c)
100(c)
25(d)
15(c)
25
Day care Facilities,
accommodating up to 8 children
15,000(c)
100(c)
25(d)
15(c)
25
Dwellings, single-family
15,000(c)
100(c)
25
15(c)
25
Dwellings, mobile home (e)
15,000(c)
100(c)
25
15(c)
25
Dwellings, two-family
15,000
100
25
15
25
Dwellings, multiple-family
(f)
100
25
15
25
Emergency Services, including
police and fire stations
15,000(c)
100(c)
25(d)
15(c)
25
Establishments for the provision
of personal services, including
offices, financial institutions,
clinics, salons, day care facilities
for up to 8 children, and funeral
homes
15,000(c)
100(c)
25(d)
15(c)
25
Establishments for the sale of
goods or services, provided that
all storage is within a fully
enclosed building
15,000(c)
100(c)
25(d)
15(c)
25
Exhibition Grounds
20,000
100
25
15
25
Food or Beverage Service
Establishments
15,000(c)
100(c)
25(d)
15(c)
25
42
TABLE 4-6: "GD" GENERAL DEVELOPMENT ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS (b)
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
Institutional Buildings, including
hospitals, schools, personal care
homes and senior citizen homes
20,000
100
25
15
25
Nurseries or Greenhouses
15,000
100
25
15
25
Parks or Playgrounds
1,000
20
-
-
-
Public Parking Areas
5,000
50
-
-
-
Public Utilities
15,000(c)(g)
100(c)(g)
25(d)(g)
15(c)(g)
25(g)
Recreation Facilities
15,000(c)
100(c)
25(d)
15(c)
25
Religious Institutions
15,000(c)
100(c)
25(d)
15(c)
25
Residential care facilities,
providing service to up to 4
persons
15,000 (c)
100 (c)
25
15(c)
25
Storage Buildings and
Warehouses, for non-hazardous
materials
15,000(c)
100(c)
25(d)
15(c)
25
CONDITIONAL USES
Advertising Signs in excess of 50
sq. ft.
-
-
As determined by Council
Automobile Service Stations,
Sales Establishments or Body
Repairs
15,000
100
25(d)
15
25
Boarding or Rooming Houses,
with more than 4 suites
15,000
100
25
15
25
Day Care Facilities,
accommodating 9 children or
more
15,000
100
25
15
25
Earth Moving Contractors and
Ready-Mix Concrete Suppliers
15,000
100
25
15
25
Establishments for the storage,
handling or processing of
agricultural produce, in return for
remuneration (h)
15,000
100
25
15(i)
25(i)
Establishments for the sales,
storage, service or distribution of
agricultural supplies, equipment
or structures (h)
15,000
100
25(d)
15(i)
25(i)
Establishments for the sale of
goods and services, where there
is exterior storage of products
15,000
100(c)
25(d)
15(c)
25
43
TABLE 4-6: "GD" GENERAL DEVELOPMENT ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS (b)
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
Fuel Sales & Storage
Establishments (h)
15,000
100
25
15
25
Manufacturing, Fabricating,
Machining, Processing or Repair
Establishments
15,000
100(c)
25(d)
15(c)
25
Public Works Compounds and
Maintenance Buildings
15,000
100
25
15
25
Residential care facilities,
providing service to 5 persons or
more
15,000
100
25
15
25
Storage Facilities and
Compounds, Exterior, non-
hazardous materials
15,000
100
25
15
25
Sewage Lagoons
15,000
100
25
15
25
Trucking Establishments
15,000
100
25
15
25
Veterinary Clinics
15,000
100
25
15
25
ACCESSORY USES,
BUILDINGS AND
STRUCTURES (m) (n) (o)
-
-
(j)(k)
5 (l)
5(l)
The following footnotes form part of this TABLE 4-6:
(a)
In addition to the minimum requirements of this TABLE, the following
requirements shall also apply:
(i)
Maximum allowable height for all principal buildings and structures
shall be 30 feet, except for grain storage structures, fuel and fertilizer
storage tanks and church steeples.
(ii)
Maximum allowable height for all accessory buildings and structures
shall be 12 feet, if accessory to a residence, and 18 feet if accessory
to a non-residential use, except for grain storage structures, fuel and
fertilizer storage tanks, and private telecommunications towers.
(iii)
Minimum dwelling unit area shall be 600 square feet for a residential
building, and 400 square feet for an accessory residential suite within
a commercial building.
44
(b)
In the case of sites which abut roads under the jurisdiction of the Highway
Traffic Board or Manitoba Transportation and Government Services, the
setback requirements of the highway authority shall take the place of the
minimum front, side or rear yard requirement, as the case may be.
(c)
Where the site is serviced by a municipal sewer system or a private holding
tank approved by provincial authorities, the minimum bulk requirements shall
be as follows:
(i)
Minimum required site area - 7,500 square feet
(ii)
Minimum required site width - 75 feet
(iii)
Minimum required side yard - 10 feet, except for the street side of
a corner site, in which case the minimum required side yard shall be
15 percent of the actual site width to a maximum of 15 feet, or where
the side wall contains a window with an area in excess of 20 square
feet, or where the height of the building exceeds 20 feet, in which
case the minimum required side yard shall be 15 feet.
(d)
When located in the central business area of the community, as determined
by Council, the minimum required front yard shall be 5 feet.
(e)
For mobile home sites, there shall be an open space at least 20 ft. by 50 ft.
adjacent to the side of the mobile home containing either the entrance or the
main living room window, to be utilized for household exterior recreational
use.
(f)
The minimum required site area for the first 3 dwelling units shall be 9,000
square feet, and the minimum required site area shall increase by an
additional 1,000 square feet for each additional dwelling unit above 3 units.
(g)
Where the proposed development consists of a building or structure less
than 100 square feet in floor area, a smaller site may be approved, provided
that the site is not adjacent to a required front yard of a residential site, and
provided that a separation distance of 7 feet is maintained from all site lines.
(h)
Section 5.7 of PART 5 of this By-law describes special limitations for
hazardous and dangerous materials storage, including agricultural chemical
supply warehouses, inland grain terminals, bulk fuel or fertilizer storage, and
anhydrous ammonia facilities, in proximity to habitable buildings and other
zones.
(i)
Where the side or rear site line of a site coincides with the boundary of a
railway right-of-way, the required yard shall be 0 ft. for those structures
which require railway service for loading or unloading.
(j)
The maximum allowable height for a fence in a required front yard shall be 3
feet above grade.
45
(k)
The minimum required front yard for accessory buildings and structures shall
be the same as the minimum required front yard for the principal building on
the same site.
(l)
In the case of buildings or structures, which are accessory to residential
uses, when located entirely to the rear of the principal building, the minimum
required interior side yard and rear yard for accessory buildings and
structures shall be 3 feet. Where an accessory building is used for the
storage of a motor vehicle, the wall which contains the vehicular access door
shall be set back a minimum distance of 10 feet from a public lane or public
street.
(m)
The keeping of livestock and/or the construction of buildings or other
structures or enclosures for the purposes of keeping livestock shall not be
permitted within the "GD" General Development Zone.
(n)
Home-based businesses shall be subject to the requirements of Section 5.8
of PART 5 of this By-law.
(o)
Solid fuel fired heating appliances, designed to be external to the building
that they heat, shall be prohibited as accessory buildings in the "GD"
General Development Zone.
46
TABLE 4-7: "MH" HEAVY INDUSTRIAL ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS (b)
Site
Area
(acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED PRINCIPAL USES
Pumping facilities for major pipelines
20
1,000
125
50
50
Petroleum Storage Facilities
5
300
125
50
50
Truck Terminals for Petroleum
Facilities
5
300
125
50
50
CONDITIONAL USES
Processing facilities for petroleum
products, including refineries
20
1,000
125
50
50
ACCESSORY USES,
BUILDINGS AND
STRUCTURES (c) (d)
-
-
125
50
50
The following footnotes form part of this TABLE 4-7:
(a)
In addition to the minimum requirements of this TABLE, the maximum height
for all buildings shall be 30 feet.
(b)
In the case of sites which abut roads under the jurisdiction of the Highway
Traffic Board or Manitoba Transportation and Government Services, the
setback requirements of the highway authority shall take the place of the
minimum front, side or rear yard requirement, as the case may be.
(c)
The keeping of livestock and/or the construction of buildings or other
structures or enclosures for the purposes of keeping livestock shall not be
permitted within the "MH" Heavy Industrial Zone.
(d)
Solid fuel fired heating appliances, designed to be external to the building
that they heat, shall be considered as a conditional accessory building in the
"MH" Heavy Industrial Zone.] BL 2011/08
47
"TABLE 4-8: "ML" LIGHT INDUSTRIAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (b) (e)
(i) (j)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
(d)
Side
Yard
(feet)
(h)
Rear
Yard
(feet)
(h)
PERMITTED USES
Advertising Sings up to 50 sq/ft
-
-
(f)
10
10
Agricultural Machinery and
Equipment Sales and Distribution
with Minor Assembly, Parts,
Service and Repair
12,000
100
20
15
20
Assembly, Storage, Sales, Service
and/or Distribution of Farm
Buildings and Structures,
agricultural supplies and /or
agricultural equipment (g)
20,000
100
30
20
30
Auction Marts, excluding livestock
12,000
100
20
15
20
Automotive, Motorcycle, Bicycle,
Snowmobile, Marine, Aircraft, ATV
Trailer and House Trailer and other
Vehicle Parts, Sales, Storage,
Repair, Service and rental of new
and used vehicles
6,000
50
30
10
20
Automobile Service Stations (gas
stations) and Garages
6,000
50
30
10
20
Contractors' establishments,
including sales and storage of
building and landscaping material
and equipment including electrical,
insulation, drywall, eavestroughing,
painting, decorating, roofing,
stuccoing, HVAC, windows and like
uses
12,000
100
20
15
20
48
"TABLE 4-8: "ML" LIGHT INDUSTRIAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (b) (e)
(i) (j)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
(d)
Side
Yard
(feet)
(h)
Rear
Yard
(feet)
(h)
Establishments for the storage,
handling or processing of
agricultural produce, for
remuneration (g)
12,000
100
20
15
20
Garden Supplies, Sales,
Distribution, Storage (indoor and
outdoor) and Manufacturing
providing it is conducted within a
completely enclosed building
6,000
50
20
10
20
Government administrative
buildings and offices
6,000
50
25
10
25
Nurseries or Greenhouses
6,000
50
25
10
25
Office Equipment and Furniture,
Sales, Service and manufacturing
providing it is conducted within a
completely enclosed building
6,000
50
25
10
25
Printing or Publishing
establishments
6,000
50
25
10
25
Public Utilities
5,000
50
25
10
20
Public Works Compounds and
Maintenance Buildings (d)
6,000
50
25
10
20
Storage Facilities and Compounds
(exterior) for Non-hazardous
materials including lumber,
building supplies, and contractors
equipment (d)
6,000
50
25
10
20
Taxi or Courier Services
6,000
50
25
10
20
Tire Shops
6,000
50
25
10
20
Warehouse and Storage for Non-
Hazardous, Non-Flammable and
Non-Toxic Materials
12,000
100
20
15
20
49
"TABLE 4-8: "ML" LIGHT INDUSTRIAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (b) (e)
(i) (j)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
(d)
Side
Yard
(feet)
(h)
Rear
Yard
(feet)
(h)
Wholesale Establishments
including Sales, Showrooms and
Related Storage
12,000
100
20
15
20
CONDITIONAL USES
Accommodation Facilities including
Hotels and Motels
12,000
100
20
15
20
Advertising Sings greater than 50
sq/ft
-
-
(f)
15
15
Agricultural Machinery and
Equipment Manufacturing
12,000
100
20
15
20
Agricultural Feed Manufacturing
and Processing, Sales, Distribution
and Storage, including flour mills,
grain elevators and terminals, Seed
Cleaning and Drying Plants
20,000
100
20
15
20
Automobile Body Repair Shops
6,000
50
30
10
20
Automotive, Motorcycle, Bicycle,
Snowmobile, Marine, Aircraft, ATV
Trailer and House Trailer and other
Vehicle Manufacturing
12,000
100
25
15
20
Bulk Fuel Sales, Including Card-
Lock Facilities, Coal and Coke
Sales Storage and Distribution
20,000
100
30
15
25
Cafes, Coffee Shops, Food and
Beverage Establishments, Banquet
Halls
7,500
75
30
10
20
Earth Moving Contractors and
Ready-Mix Concrete Suppliers
20,000
100
30
15
25
Emergency Services including
police, fire and ambulance stations
15,000
150
30
20
15
50
"TABLE 4-8: "ML" LIGHT INDUSTRIAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (b) (e)
(i) (j)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
(d)
Side
Yard
(feet)
(h)
Rear
Yard
(feet)
(h)
Establishments for the sale and
storage (indoor or outdoor) and
distribution of building materials
including lumber yards (outdoor)
12,000
100
20
15
20
Establishments for the provision of
personal services, including offices,
financial institutions, clinics, salons,
and funeral homes
6,000
50
30
10
20
Food or Beverage Service
Establishments
6,000
50
30
10
20
Kennels, including Pounds and
Shelters, Boarding, Care and
Training Facilities
6,000
50
20
10
20
Light manufacturing not otherwise
identified in this Table producing
negligible noise, dust, odour,
emission or any other nuisance
factor
6,000
50
20
10
20
Public Parking Areas
6,000
50
20
10
20
Sand and Gravel Sales and
Stockpiling (excluding any onsite
mining and/or extraction) and
related Aggregate Hauling when
located on the same site
20,000
100
30
15
25
Trucking Establishments
40,000
200
30
15
30
Veterinary Clinics
6,000
50
20
10
25
ACCESSORY BUILDINGS, STRUCTURES AND USES
-
-
(f)
10
5
The following footnotes for the "ML" Light Industrial Zoning District
form part of TABLE 4-8:
51
(a)
Maximum Height and Building Area Requirements
i)
In addition to the minimum requirements of Table 4-8:, the
maximum allowable height for all principal buildings and
structures shall be forty five (45) feet, and accessory buildings
and structures shall not exceed the height of the principal building
or structure, with the exception of grain storage structures, fuel
and
fertilizer
storage
tanks,
church
steeples
and
telecommunications towers which are accessory to a permitted or
conditional use.
ii)
The maximum height of accessory buildings and structures shall
not exceed the height of the principal building or structure.
iii)
Accessory dwelling units are only permitted when they are
located within or are accessory to an industrial building where
there is industrial activity conducted in the front portion of the
ground floor. Accessory dwelling unit(s) within or accessory to
an industrial building shall be located in the rear portion of the
ground floor and/or or on the 2nd or 3rd floor(s) or in the case of
a detached accessory dwelling unit, located to the rear of the
principal building on the zoning site to which it is accessory. In
all cases, said accessory dwelling units are intended for
occupancy by the owner of the industrial business located on the
same zoning site, the operator of the industrial enterprise, a
watchman or caretaker and his/her family.
iv)
The minimum dwelling unit area for an accessory dwelling unit
located within or accessory to an industrial building shall be 400
sq/ft.
(b)
All manufacturing activities shall be conducted entirely within an
enclosed building unless otherwise noted in Table 4-8: of this PART.
(c)
Where Table 4-8: of this PART, indicates outdoor storage of goods
and materials is supported, said outdoor storage of goods and
materials shall conform to the following requirements:
(i)
All outdoor storage of goods and materials shall be located to the
rear of a line adjacent to and parallel with the front wall of the
52
principal building on the zoning site on which the materials will be
stored;
(ii)
the storage area shall be totally enclosed by a wall or fence with
a minimum height of six (6) feet, maintained in good condition
and repair; and
(iii)
the goods and materials stored shall not project above the height
of the enclosing wall or fence.
(d)
Notwithstanding the requirements of Table 4-8: of this PART, the
minimum front yard requirement for a zoning site, where there are
existing buildings on the adjacent sites on both sides of the site, or on
one side for a corner site, shall not vary more than ten (10) percent
from the average existing front yards for the said adjacent buildings,
provided said distance is less than the minimum bulk requirements.
The minimum front yard requirements noted herein may be used to
determine the front yard requirement for a building that was destroyed
and is being rebuilt, or where an existing building is to have an addition
made to it, or where a new building is to be constructed in an infilling
situation.
(e)
For a group of principal buildings located on one zoning site, the yards
on the boundary of the site shall not be less than those required in the
zone in which the site is located, nor shall the distance between
buildings within the site be less than the sum of two of these required
yards.
(f)
The minimum required front yard for an accessory use, building or
structure shall be the same as is required for the principal use on that
zoning site.
(g)
Front yards shall include landscaped green space adjacent to the
street right-of-way, at least ten (10) feet in depth as measured from the
front property line;
(h)
Where a site is adjacent to a residential zone, a side and/or rear yard of
twenty (20) feet shall be provided.
53
(i)
Under authority of The Highways Protection Act and the Highways and
Transportation Act where any structure or development is proposed
under, below or at ground level within the control areas of the provincial
highway system, permits must be obtained from the Highway Traffic
Board and/or Manitoba Infrastructure.
(j)
The keeping of livestock and/or the construction of buildings or other
structures or enclosures for the purposes of keeping livestock shall not
be permitted within the "ML" Light Industrial Zone." [BL 2017-06]
54
[PART 5:
RULES FOR SPECIFIC USES
LIVESTOCK OPERATIONS
The provisions of Section 5.1 shall apply to the establishment or enlargement of livestock
operations in the "AG" Agricultural General Zone, "AML" Agricultural Moderately
Limited Zone and the "AL" Agricultural Limited Zone.
5.1
GENERAL PROVISIONS
5.1.1 The provisions of Section(s) 5.1 to 5.4 of this PART do not apply to grazing areas.
5.1.2 All existing lawfully established livestock operations which have a capacity of 300 or
more animal units (cumulative across species) are deemed to be a legally existing
conditional use. Where such existing operations are proposed to be enlarged or
expanded, the enlargement or expansion shall be subject to the conditional use
process as specified in the Planning Act. If a conditional use permit and any
required variations (if required) are approved by Council, the proponent will be
required to obtain a Development Permit from the Dennis County Planning District
prior to the commencement of construction.
5.1.3 Any conditional use order or variation of a requirement for siting and development
of a livestock operation or a farm or non-farm residential site or rural residential or
seasonal recreation area approved under the existing or any previous zoning by-
law will continue to be in full force and effect.
5.1.4 Where two or more existing or proposed livestock operations involving the
production of the same species of livestock are either:
(a)
located within ½ mile of one another and are owned by the same individual,
corporation, partnership or other entity, or
(b)
located within ½ mile of one another and share a common manure storage
facility (regardless of ownership)
they are deemed to be a single livestock operation, and the total number of existing
or proposed animal units in each operation shall be added together for the
purposes of interpreting the requirements of this by-law.
5.1.5 Requirements for separation distances, as provided for in this By-law, shall be
measured from the closest point of the feedlot, animal housing facility or manure
storage facility to a residence, or the zoning boundary of any designated area
whichever is closer.
55
5.1.6 No newly siting or expanding livestock operation or part thereof including an animal
housing facility, feedlot or manure storage facility, shall be established or expanded
in an area which is subject to flooding, as determined by Manitoba Water
Stewardship, unless appropriate mitigative measures are taken to the satisfaction
of Provincial authorities to prevent flood water from entering the operation or facility.
Council and/or the Provincial authority may require that these mitigative measures
be designed and certified by a professional engineer.
5.1.7 No newly siting or expanding livestock operation or part thereof including an animal
housing facility, feedlot or manure storage facility, shall be established or expanded
on soils determined by detailed soil survey acceptable to the Province, with a scale
of 1:50,000 or better, to have an agricultural capability of Class 6, Class 7, or
unimproved organic soils, as described under the Canada Land Inventory. If
detailed soil survey information is not available for the area of the proposed
development, the applicant may be required to provide a detailed soils survey for
the site acceptable to the Province at a scale of 1:50,000 or better. Where a
proponent is required to provide this detailed soils information, it may be possible to
demonstrate that the soils are not Canada Land Inventory (CLI) Class 6, 7 or
unimproved organic soils and may be suitable to support a livestock operation.
5.1.8 All newly siting or expanding livestock operations (including feedlots, animal
housing and/or manure storage facilities) being proposed in the Rural Municipality
of Pipestone, which are 300 animal units (AU) or larger in size (cumulative across
species) shall, regardless of their location, be subject to the conditional use
approval process as detailed in the Planning Act, as amended.
5.1.9 Notwithstanding the minimum site area requirement specified in Tables 4-1 to 4-3
of PART 4 herein, all newly siting or expanding livestock operations shall have
access to (either by direct ownership or lease) and use of sufficient lands to accept
the application of all of the livestock manure generated by the operation in a
sustainable manner on an annual basis in accordance with the provisions of the
Livestock, Manure & Mortalities Management Regulation 42/98 and the Nutrient
Management Regulation 62/2008, each of which may be amended from time to
time without requiring an amendment to this by-law.
5.1.10 All newly siting or expanding livestock operations (including feedlots, animal
housing and/or manure storage facilities) that are 300 animal units or greater in size
(cumulative across species will be subject to a provincial technical review report
which will be completed and provided to Council in accordance with the
requirements of the Planning Act, as amended. This requirement may be altered
from time to time by provincial authorities, without requiring an amendment to this
By-law.
5.1.11 All newly siting or expanding livestock operations (including feedlots, animal
housing and/or manure storage facilities) that are 300 animal units or greater in size
(not cumulative across species) and all newly siting or expanding pig operations
56
regardless of their size, will be required to file an annual manure management plan
with the Province in accordance with the requirements of MB Reg. 42/98, as
amended. This requirement may be altered from time to time by provincial
authorities, without requiring an amendment to this By-law.
5.1.12 For the purposes of determining the size of livestock operations, the system of
"animal units" as adopted by the Province of Manitoba shall be used. The
conversion factors for animal units are provided for general reference in Table 5-1
(below), and may be altered from time to time by provincial authorities, without
requiring an amendment to this By-law.
57
TABLE 5-1: ANIMAL UNIT CONVERSION FACTORS
Animal
Type
A.U. Produced by
One Livestock
Livestock Producing
One A.U.
Dairy
Milking Cows, including
associated livestock
2.000
0.5
Beef
Beef Cows, including
associated livestock
Backgrounder
Summer pasture
/replacement heifers
Feeder cattle
1.250
0.500
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)
1.250
0.250
0.313
0.033
0.143
0.200
0.8
4.0
3.2
30
7
5
Chickens
Broilers
Roasters
Layers
Pullets
Broiler Breeder Pullets
Broiler Breeder Hens
0.0050
0.0100
0.0083
0.0033
0.0033
0.0100
200
100
120
300
300
100
Turkeys
Broilers
Heavy Toms
Heavy Hens
0.010
0.020
0.010
100
50
100
Horses
Mares, including associated
livestock
1.333
0.75
Sheep
Ewes, including associated
livestock
Feeder Lambs
0.200
0.063
5
16
The calculation of animal units for a species of livestock not mentioned in this Table is to be determined by
officials at Manitoba Department of Agriculture, Food and Rural Initiatives.
NOTE: To calculate the number of animal units (AU) of a particular type, multiply the AU produced by one
livestock by the number of animals. For example, 200 animal beef cows including associated
livestock equals 1.25 x 200 = 250 Aus.
58
5.2
LIVESTOCK OPERATIONS IN THE "AG" AGRICULTURAL GENERAL ZONE
In addition to satisfying the requirements of PART 4 and PART 5, Section 5.1 of this by-
law which identify general requirements applicable to livestock operations in all agricultural
zone(s) in the Rural Municipality of Pipestone, the following additional requirements shall
apply to newly siting or expanding livestock operations located in areas which are zoned
"AG" Agricultural General Zone as identified on Zoning Map 1 of this By-law.
5.2.1 Subject to Section 5.2.4 of this PART, a proposal to establish or expand a
livestock operation or any part thereof including a feedlot, animal housing facility or
manure storage facility with a capacity between 10 to 250 Animal Units
(cumulative across species) shall be allowed as a permitted use providing it is
developed in conformance with the requirements of the Planning Act and all of the
other provisions of this By-law.
5.2.2 Subject to Section 5.2.4 of this PART, a proposal to establish or expand a
livestock operation or any part thereof (including a feedlot, animal housing facility or
manure storage facility) with a capacity of 251 Animal Units or more (cumulative
across species) shall be deemed to be a conditional use and shall be developed
in accordance with requirements of The Planning Act and all other provisions of this
by-law including the provisions of PART 7, Sections 7.21 to 7.27 herein which
deals with applications for conditional uses, variances and development
agreements.
5.2.3 No newly siting livestock operation or any part thereof (including a feedlot, animal
housing or manure storage facility) shall be established or expanded:
(a)
within a distance of 328 feet of the ordinary high water mark of any surface
watercourse, sinkhole, spring or well which extends beyond the boundaries
of the operation; nor,
(b)
within 1,000 feet of the ordinary high water mark of either Pipestone or
Gopher Creek(s).
5.2.4 Existing livestock operations or any part thereof (including a feedlot or high density
seasonal feeding area, animal housing or manure storage facility) located within
1,000 feet of the ordinary high water mark of either Pipestone or Gopher Creek(s)
may be expanded to a maximum of 100 animal units (cumulative across species)
as a permitted use, provided that a minimum setback of 328 feet is maintained
between the facilities of the livestock operation and the creek. Any proposal
involving the expansion or enlargement of a livestock operation as described herein
within 1,000 feet of the ordinary high water mark of either Pipestone or Gopher
Creek(s) consisting of 101 or more animal units (cumulative across species) shall
be deemed to be a conditional use, and shall be required to maintain a minimum
setback of 328 feet between the facilities of the livestock operation and either creek
and shall be developed in accordance with requirements of The Planning Act and
59
all other provisions of this by-law including the provisions of PART 7, Sections 7.21
to 7.27 herein which deals with applications for conditional uses, variances and
development agreements.
5.2.5 The minimum separation distance requirements set out in Table 5-2 of this PART
(below) shall apply to newly siting or expanding livestock operations or any part
thereof (including a feedlot, animal housing facility, or manure storage facility) in
relation to the property lines of a given livestock operation. Where an existing
feedlot or animal housing or manure storage facility does not comply with the
setback requirements of Table 5-2 of this PART, it may be expanded or enlarged
through a variation order, provided said expansion or enlargement substantially
occurs in a direction away from the property boundary and complies with all other
provisions of this by-law.
TABLE 5-2: "AG" AGRICULTURAL GENERAL ZONE - MINIMUM SETBACK
DISTANCES FROM PROPERTY LINES
Type of Livestock Facility
Minimum Setback Distance from any
Property Boundary in Feet
Feedlots, seasonal feeding areas and
manure storage facilities
328
Barns
and
other
similar
animal
housing facilities
164
Grazing Areas
0
NOTE: Where a parcel of land containing a "livestock operation" as defined in PART 9 of this By-
law is being subdivided, all newly created parcels shall be of such a size and configuration so as
to maintain a minimum 100 meter (328 feet) separation between any existing or proposed
livestock confinement areas and manure storage facilities and all newly created property lines.
5.2.6 The minimum separation distance requirements of Tables 5-3 and Table 5-4 of
PART 5 (below) shall mutually apply to the establishment or expansion of any
livestock operation or any part thereof (including a feedlot, animal housing facility,
and/or manure storage facility) and any newly siting or expanding non-farm dwelling
(excluding residences located on the same site and associated with a livestock
operation) and/or any designated area in the "AG" - Agricultural General Zone.
60
TABLE 5-3: "AG" AGRICULTURAL GENERAL ZONE - MINIMUM
SEPARATION DISTANCE REQUIREMENTS FROM A SINGLE RESIDENCE
Size of
Livestock Operation
In Animal Units (AU)
Minimum Separation Distance
from Single Residence (a) (feet)
To a Feedlot and/or
an Earthen Manure
Storage Facility
To an Animal
Housing Facility (including
seasonal feeding areas)
and/or Non-Earthen Manure
Storage Facility
10 to 100
1,312
656
101 to 200
1,968
984
201 to 300
2,624
1,312
301 to 400
2,952
1,476
401 to 800
3,280
1,640
801 to 1,600
3,936
1,968
1,601 to 3,200
4,594
2,296
3,201 to 6,400
5,250
2,624
6,401 to 12,800
5,906
2,952
Over 12,801
6,562
3,280
(a)
Does not include any residence associated with and located on the same site as the
livestock facility.
TABLE 5-4: "AG" AGRICULTURAL GENERAL ZONE - MINIMUM
SEPARATION DISTANCE REQUIREMENTS FROM A DESIGNATED AREA
Size of
Livestock Operation
In Animal Units (AU)
Minimum Separation Distance from Designated
Areas (a) (feet)
To a Feedlot and/or
an Earthen Manure
Storage Facility
To an Animal Housing Facility
(including seasonal feeding
areas) and/or Non-Earthen
Manure Storage Facility
10 to 100
3,938
2,609
101 to 200
5,906
3,938
201 to 300
7,874
5,267
301 to 400
8,859
5,906
401 to 800
9,842
6,546
801 to 1,600
11,811
7,874
1,601 to 3,200
13,779
9,203
3,201 to 6,400
15,749
10,482
6,401 to 12,800
17,717
11,811
Over 12,801
19,685
13,140
(a) "Designated Area" means any area that is designated as an Urban Policy Area, Seasonal
Recreation Development Area or Rural Residential Area.
61
5.3
LIVESTOCK OPERATIONS IN THE 'AML' AGRICULTURAL MODERATELY
LIMITED ZONE
In addition to satisfying the requirements of PART 4 and PART 5, Section 5.1 of this by-
law which identify general requirements applicable to livestock operations in all agricultural
zone(s) in the Rural Municipality of Pipestone, the following additional requirements shall
apply to newly siting or expanding livestock operations located in areas which are zoned
"AML" Agricultural Moderately Limited Zone as identified on Zoning Map 1 of this By-
law.
5.3.1 Subject to Section 5.2.4 of this PART, a proposal to establish or expand a
livestock operation or any part thereof (including a feedlot, animal housing facility or
manure storage facility) with a capacity between 10 to 150 Animal Units
(cumulative across species) shall be allowed as a permitted use providing it is
developed in conformance with the requirements of the Planning Act and all of the
other provisions of this By-law.
5.3.2 Subject to Section 5.2.4 of this PART, a proposal to establish or expand a
livestock operation or any part thereof (including a feedlot, animal housing facility or
manure storage facility) with a capacity of 151 Animal Units or more (cumulative
across species) shall be deemed to be a conditional use and shall be developed
in accordance with requirements of The Planning Act and all other provisions of this
by-law including the provisions of PART 7, Sections 7.21 to 7.27 herein which
deals with applications for conditional uses, variances and development
agreements.
5.3.3 No newly siting livestock operation or part thereof (including a feedlot, animal
housing or manure storage facility) shall be established or expanded:
(a)
within a distance of 328 feet of the ordinary high water mark of any surface
watercourse, sinkhole, spring or well which extends beyond the boundaries
of the operation; nor,
(b)
within 1,000 feet of the ordinary high water mark of either Pipestone or
Gopher Creek(s).
5.3.4 Existing livestock operations or any part thereof (including a feedlot or high density
seasonal feeding area, animal housing or manure storage facility) located within
1,000 feet of the ordinary high water mark of either Pipestone or Gopher Creek(s)
may be expanded to a maximum of 100 animal units (cumulative across species)
as a permitted use, provided that a minimum setback of 328 feet is maintained
between the facilities of the livestock operation and the creek. Any proposal
involving the expansion or enlargement of a livestock operation as described herein
within 1,000 feet of the ordinary high water mark of either Pipestone or Gopher
Creek(s) consisting of 101 or more animal units (cumulative across species) shall
62
be deemed to be a conditional use, and shall be required to maintain a minimum
setback of 328 feet between the facilities of the livestock operation and either creek
and shall be developed in accordance with requirements of The Planning Act and
all other provisions of this by-law including the provisions of PART 7, Sections 7.21
to 7.27 herein which deals with applications for conditional uses, variances and
development agreements.
5.3.5 The minimum separation distance requirements set out in Table 5-5 of this PART
(below) shall apply to newly siting or expanding livestock operations or any part
thereof (including a feedlot, animal housing facility, or manure storage facility) in
relation to the property lines of a given livestock operation. Where an existing
feedlot or animal housing or manure storage facility does not comply with the
setback requirements of Table 5-5 of this PART, it may be expanded or enlarged
through a variation order, provided said expansion or enlargement substantially
occurs in a direction away from the property boundary and complies with other all
provisions of this by-law.
TABLE 5-5: "AML" AGRICULTURAL MODERATELY LIMITED ZONE -
MINIMUM SETBACK DISTANCES FROM PROPERTY LINES
Type of Livestock Facility
Minimum Setback Distance from any
Property Boundary in Feet
Feedlots, seasonal feeding areas and
manure storage facilities
328
Barns
and
other
similar
animal
housing facilities
164
Grazing Areas
0
NOTE: Where a parcel of land containing a "livestock operation" as defined in PART 9 of this By-
law is being subdivided, all newly created parcels shall be of such a size and configuration so as
to maintain a minimum 100 meter (328 feet) separation between any existing or proposed
livestock confinement areas and manure storage facilities and all newly created property lines.
5.3.6 The minimum separation distance requirements of Tables 5-6: and Table 5-7 of
PART 5 (below) shall mutually apply to the establishment or expansion of any
livestock operation or part thereof (including a feedlot, animal housing facility,
and/or manure storage facility) and any newly siting or expanding non-farm dwelling
(excluding residences located on the same site and associated with a livestock
operation) and/or any designated area in the "AML" - Agricultural Moderately
Limited Zone.
63
TABLE 5-6: "AML" AGRICULTURAL MODERATELY LIMITED ZONE-
MINIMUM SEPARATION DISTANCE REQUIREMENTS FROM A SINGLE
RESIDENCE
Size of
Livestock Operation
In Animal Units (AU)
Minimum Separation Distance
from Single Residence (a) (feet)
To a Feedlot and/or
an Earthen Manure
Storage Facility
To an Animal
Housing Facility(including
seasonal feeding areas)
and/or Non-Earthen Manure
Storage Facility
10 to 100
1,312
656
101 to 200
1,968
984
201 to 300
2,624
1,312
301 to 400
2,952
1,476
401 to 800
3,280
1,640
801 to 1,600
3,936
1,968
1,601 to 3,200
4,594
2,296
3,201 to 6,400
5,250
2,624
6,401 to 12,800
5,906
2,952
Over 12,801
6,562
3,280
(a)
Does not include any residence associated with and located on the same site as the
livestock facility.
TABLE 5-7: "AML" AGRICULTURAL MODERATELY LIMITED ZONE -
MINIMUM
SEPARATION
DISTANCE
REQUIREMENTS
FROM
A
DESIGNATED AREA
Size of
Livestock Operation
In Animal Units (AU)
Minimum Separation Distance from Designated
Areas (a) (feet)
To a Feedlot and/or
an Earthen Manure
Storage Facility
To an Animal Housing Facility
(including seasonal feeding
areas) and/or Non-Earthen
Manure Storage Facility
10 to 100
3,938
2,609
101 to 200
5,906
3,938
201 to 300
7,874
5,267
301 to 400
8,859
5,906
401 to 800
9,842
6,546
801 to 1,600
11,811
7,874
1,601 to 3,200
13,779
9,203
3,201 to 6,400
15,749
10,482
6,401 to 12,800
17,717
11,811
Over 12,801
19,685
13,140
(a)
"Designated Area" means any area that is designated as an Urban Policy Area, Seasonal
Recreation Development Area or Rural Residential Area.
64
5.4
LIVESTOCK OPERATIONS IN THE 'AL' AGRICULTURAL LIMITED ZONE
In addition to satisfying the requirements of PART 4 and PART 5, Section 5.1 of this by-
law which identify general requirements applicable to livestock operations in all agricultural
zone(s) in the Rural Municipality of Pipestone, the following additional requirements shall
apply to newly siting or expanding livestock operations located in areas which are zoned
"AL" Agricultural Limited Zone as identified on Zoning Map 1 of this By-law.
5.4.1 A proposal to establish or expand a livestock operation or any part thereof
(including a feedlot, animal housing facility or manure storage facility) with a
capacity between 10 to 75 Animal Units (cumulative across species) shall be
allowed as a permitted use providing it is developed in conformance with the
requirements of the Planning Act and all of the other provisions of this By-law.
5.4.2 A proposal to establish or expand a livestock operation or any part thereof
(including a feedlot, animal housing facility or manure storage facility) with a
capacity of 76 Animal Units or more (cumulative across species) shall be deemed
to be a conditional use and shall be developed in accordance with requirements of
The Planning Act and all other provisions of this by-law including the provisions of
PART 7, Sections 7.21 to 7.27 herein which deals with applications for conditional
uses, variances and development agreements.
5.4.3 No newly siting livestock operation or part thereof (including a feedlot, animal
housing or manure storage facility) shall be established or expanded:
(a)
within a distance of 328 feet of the ordinary high water mark of any surface
watercourse, sinkhole, spring or well which extends beyond the boundaries
of the operation; nor,
(b)
within 1,000 feet of the ordinary high water mark of either Pipestone or
Gopher Creek(s).
5.4.4 The minimum separation distance requirements set out in Table 5-8 of this PART
(below) shall apply to newly siting or expanding livestock operations or any part
thereof (including a feedlot, animal housing facility, or manure storage facility) in
relation to the property lines of a given livestock operation. Where an existing
feedlot or animal housing or manure storage facility does not comply with the
setback requirements of Table 5-8 of this PART, it may be expanded or enlarged
through a variation order, provided said expansion or enlargement substantially
occurs in a direction away from the property boundary and complies with other all
provisions of this by-law.
65
TABLE 5-8: "AL" AGRICULTURAL MODERATELY LIMITED ZONE -
MINIMUM SETBACK DISTANCES FROM PROPERTY LINES
Type of Livestock Facility
Minimum Setback Distance from any
Property Boundary in Feet
Feedlots, seasonal feeding areas and
manure storage facilities
328
Barns
and
other
similar
animal
housing facilities
164
Grazing areas
0
NOTE: Where a parcel of land containing a "livestock operation" as defined in PART 9 of this By-
law is being subdivided, all newly created parcels shall be of such a size and configuration so as
to maintain a minimum 100 meter (328 feet) separation between any existing or proposed
livestock confinement areas and manure storage facilities and all newly created property lines.
5.4.5 The minimum separation distance requirements of Tables 5-9: and Table 5-10 of
PART 5 (below) shall mutually apply to the establishment or expansion of any
livestock operation or part thereof (including a feedlot, animal housing facility,
and/or manure storage facility) and any newly siting or expanding non-farm
residence (excluding residences located on the same site and associated with a
livestock operation) and/or any designated area in the "AL" - Agricultural Limited
Zone.
TABLE 5-9: "AL" AGRICULTURAL LIMITED ZONE- MINIMUM SEPARATION
DISTANCE REQUIREMENTS FROM A SINGLE RESIDENCE
Size of
Livestock Operation
In Animal Units (AU)
Minimum Separation Distance
from Single Residence (a) (feet)
To a Feedlot and/or
an Earthen Manure
Storage Facility
To an Animal
Housing Facility (including
seasonal feeding areas)
and/or Non-Earthen Manure
Storage Facility
10 to 100
1,312
656
101 to 200
1,968
984
201 to 300
2,624
1,312
301 to 400
2,952
1,476
401 to 800
3,280
1,640
801 to 1,600
3,936
1,968
1,601 to 3,200
4,594
2,296
3,201 to 6,400
5,250
2,624
6,401 to 12,800
5,906
2,952
Over 12,801
6,562
3,280
(a)
Does not include any residence associated with and located on the same site as the
livestock facility.
66
TABLE
5-10:
"AL"
AGRICULTURAL
LIMITED
ZONE
-
MINIMUM
SEPARATION DISTANCE REQUIREMENTS FROM A DESIGNATED AREA
Size of
Livestock Operation
In Animal Units (AU)
Minimum Separation Distance from Designated
Areas (a) (feet)
To a Feedlot and/or
an Earthen Manure
Storage Facility
To an Animal Housing Facility
(including seasonal feeding
areas) and/or Non-Earthen
Manure Storage Facility
10 to 100
3,938
2,609
101 to 200
5,906
3,938
201 to 300
7,874
5,267
301 to 400
8,859
5,906
401 to 800
9,842
6,546
801 to 1,600
11,811
7,874
1,601 to 3,200
13,779
9,203
3,201 to 6,400
15,749
10,482
6,401 to 12,800
17,717
11,811
Over 12,801
19,685
13,140
(a)
"Designated Area" means any area that is designated as an Urban Policy Area, Seasonal
Recreation Development Area and/or Rural Residential Area.
5.5
AGRCULTURAL IRRIGATION OPERATIONS
5.5.1 The establishment of agricultural irrigation operations shall be deemed to be a
conditional use where the proposed location is in a groundwater sensitivity area as
indicated on Zoning Map 1.
5.5.2 A proposal to establish an agricultural irrigation operation as a conditional use shall
identify the following:
(a)
the specific location of the irrigation source;
(b)
the location of all fields to be irrigated from the source;
(c)
estimated daily water consumption.
5.5.3 In considering a proposal to establish an agricultural irrigation operation as a
conditional use, Council may require information to be supplied by the owner and
may specify conditions of approval with regard to the following matters:
(a)
an engineering and hydro-geological assessment of soils, surface and
groundwater site features and capacity to sustain use;
(b)
a description of mitigative measures, as may be appropriate, to be
undertaken to minimize the risk of soil and groundwater pollution;
(c)
the regular monitoring of soil and groundwater conditions on irrigated fields;
and
67
(d)
evidence that the proponent has obtained all necessary permits, approvals
and licenses required by the provincial authorities having jurisdiction prior to
the commencement of development.
5.6
SPECIAL LIMITATIONS GOVERNING DEVELOPMENT OF BUILDINGS AND
STRUCTURES INCLUDING DWELLINGS AND FARM BUILDINGS
5.6.1 No dwelling or mobile home or other habitable building shall be constructed or
located within 1,500 feet of any municipal sewage lagoon or solid waste disposal
site.
5.6.2 No dwelling or mobile home or other habitable building shall be constructed or
located within 1,320 feet of an anhydrous ammonia storage tank or an agricultural
bulk chemical supply facility.
5.6.3 No building, dwelling, mobile home or farm building or structure shall be located
within 100 feet of the edge of the right-of-way of any pipeline regulated by The
National Energy Board, unless specific approval has been granted by the National
Energy Board.
5.6.4 No building, dwelling, mobile home or farm building or structure shall be located
within 100 feet of the edge of the right-of-way of any railway, unless the structure is
required for railway operations, or requires railway service.
5.6.5 No building, dwelling, mobile home or farm building or structure shall be
constructed or located within an area which has been designated as a high or
medium quality aggregate area by the Mines Branch, unless the site has been
further reviewed by that Branch and a recommendation provided which would allow
development to proceed. Where the proposed building is a dwelling or mobile
home, a separation distance of 500 feet shall be provided between the building
location and any active mining area.
5.6.6 Any proposal to establish any dwelling, mobile home or other habitable structure
within a distance of one half mile of an existing oil field battery facility shall be
deemed to be a conditional use, and shall be subject to the approval of Council.
5.6.7 Any proposal to establish any building, structure, mobile home or farm building or
structure which exceeds a building height of 10 feet, or to establish a shelterbelt or
similar obstruction within the flight approaches of any aircraft landing area for a
distance of 1 mile, shall be deemed to be a conditional use, and shall be subject to
the approval of Council.
68
5.7
HAZARDOUS AND DANGEROUS MATERIALS STORAGE
5.7.1 No new hazardous or dangerous materials storage including but not limited to
agricultural chemical supply warehouses, inland grain terminals, bulk fuel or
fertilizer storage facilities, and anhydrous ammonia storage facilities shall be
located within:
(a)
1,320 feet of a building used for human occupation;
(b)
1/2 mile of an "UR" Urban Residential Zone, "UN" Urban Non-Residential
Zone, "GD" General Development Zone, "RR" Rural Residential Zone or
"SR" Seasonal Recreation Zone;
(c)
330 feet of a municipal road or provincial highway.
5.7.2 Expansion of any existing facility which is located within the separation distances
described in Section 5.7.1 of this PART shall be deemed to be a conditional use,
and shall be subject to the approval of Council in accordance with requirements of
The Planning Act and all other provisions of this by-law including the provisions of
PART 7, Sections 7.21 to 7.27 herein which deals with applications for conditional
uses and variances.
5.8
HOME-BASED BUSINESSES
5.8.1 Home-based businesses are governed by the following rules:
(a)
they shall be conducted by a person or persons residing in the dwelling;
(b)
persons employed or otherwise engaged on the same site as the business,
who do not reside in the dwelling may not exceed:
(i)
5 persons in the "AG", AML" or "AL" zones, and
(ii)
2 persons in any other zone;
(c)
in all zones except the "AG", "AML" and "AL" zones, there can be no
processing or outside storage of goods or materials, and in the "AG", "AML"
and "AL" zones, the location of all exterior processing and storage shall be
subject to Council approval;
(d)
not more than 1,000 square feet of floor area may be devoted to the
business in the urban zones, and 3,000 square feet in the "AG", "AML"
and "AL" zones;
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(e)
one business sign, either freestanding or affixed to the wall of a principal or
accessory building, is permitted, not exceeding
(i)
in the rural zones, 32 square feet;
(ii)
in the urban zones, 32 square feet in any location other than the
required front yard, and 10 square feet in the required front yard;
(f)
they shall not generate undue traffic or congestion, adversely affect the
amenity and convenience of the neighbourhood, or create a nuisance; or if
located in the vicinity of a provincial highway, should not impair the safe and
efficient operation of the highway; and
(g)
in the urban zones, the residential character of the property shall be
maintained.] BL 2011/08
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PART 6: MISCELLANEOUS REGULATIONS
Land Subject to Flooding
6.1
No buildings or structures, except for barbed wire fences, shall be constructed or
placed in the vicinity of creeks or streams which are subject to flooding by a one
hundred year flood, unless the owner provides sufficient information prepared by a
qualified consultant, which in the opinion of Council, is sufficient to demonstrate
compliance with the provisions of the Dennis County Planning District Development
Plan.
6.2
Where development is proposed on a site which is known to the Development
Officer to be subject to ponding due to snowmelt or heavy rainfall events, the owner
must provide additional measures, including sufficient fill around the building, which
in the opinion of Council are necessary to provide a measure of protection from
flood damage.
6.3
No permanent building shall be constructed or placed on land, which is subject to
subsidence or erosion by water or is marshy or unstable, or is otherwise unsuitable
or hazardous by virtue of its soil or topography, unless it is demonstrated to the
satisfaction of Council that proper measures will be taken to deal with the
unsuitability or hazard.
High Water Table Areas
6.4
Where development is proposed on a site which is known to the Development
Officer to be subject to a high groundwater table, including sites within the
groundwater sensitivity areas shade grey on Map 1, the owner must include
measures in the design of the building which in the opinion of Council are adequate
to protect basements from groundwater infiltration.
Site Reduced by Road Widening
6.5
Where the site area or site width of a parcel of land has been reduced as a result of
land acquired for the establishment or widening of a public road or drain, or for any
other public work, the land which has been acquired shall be deemed to part of the
site for purposes of determining compliance with the minimum site area and site
width requirements and required yards for existing buildings as specified by this By-
law. However, where new buildings or structures are proposed, the required yards
shall be determined by the location of actual site boundaries.
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Building Removal
6.6
Upon completion of removal or demolition of a building from a site, any excavation
shall be filled, the ground shall be levelled and the site shall be put in a safe
condition to the satisfaction of the Development Officer. In the urban zones, the
Council may require that the former foundation be removed to provide suitable
conditions for the construction of a new building.
Road Access
6.7
No permanent building may be constructed or placed on a site, which does not
have legal access to an improved public road.
Service Connections
6.8
Where a site is served by municipal piped sewer or water, no permanent principal
building shall be constructed or placed unless it is connected to such services.
Public Monuments and Cairns
6.9
Nothing in this by-law shall be so interpreted as to interfere with the establishment
of public monuments and cairns, provided that such structures do not create a
hazard to nearby roadways or development, in the opinion of Council.
Signs
6.10
No sign or sign structure shall be erected at any location where it may interfere
with, obstruct the view of, or be confused with any authorized traffic sign or obstruct
the view of any highway or street intersection or railroad crossing, and every sign
shall conform with the requirements of the Provincial highway authority when
located within the highway control areas adjacent to Provincial Trunk Highways and
Provincial Roads.
6.11
All signs and their support structures shall be kept in good repair. Signs, which
have become obsolete because of the discontinuance of the business service and
have not been removed or relocated within 30 days following such condition may
be removed by the municipality at the owner's expense.
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Temporary Buildings, Structures & Uses
6.12
Temporary buildings, structures and uses of land are permitted on a site in
connection with construction and development on that or a nearby site, subject to
the issuance of a development permit and only for the following purposes:
(a)
offices for the contractor or developer or project supervisor;
(b)
accommodation for a caretaker;
(c)
storage of materials and equipment;
(d)
temporary accommodations, field offices and temporary concrete or asphalt
plants involved with road construction projects, provided that a minimum
separation distance of 1,320 feet is provided between an asphalt or
concrete plant and the nearest habitable building..
[(e)
Temporary structures or buildings for monitoring or testing environmental,
meteorological, geological or other natural conditions]. (BL 2005-02)
[(f)
Temporary oil and gas work camps shall be permitted on sites only in the
"AG" Agricultural General Zone, including living, cooking and eating,
sleeping and parking facilities consisting of individual or communal dwelling
units for oil and gas workers subject to satisfying all of the following
requirements:
(i)
The municipality makes arrangements for the disposal of all solid and
liquid wastes generated by the temporary oil and gas work camp;
(ii)
The proponent obtains all permits, approvals and/or licenses as may
be required from the provincial authorities having jurisdiction in
respect of matters such as but not necessarily limited to sourcing an
adequate quality and quantity of potable water and the disposal of all
wastewater generated by the development;
(iii)
All newly siting or expanding temporary oil and gas work camps shall
be setback a minimum of 1,320 feet from the nearest unrelated
habitable building;
(iv)
Notwithstanding section 6.13 of this PART, a temporary oil and gas
work camp may be authorized through the issuance of a building
permit and a development permit for an initial period of up to two
years and may thereafter be renewed for not more than two
successive one year periods.] BL 2011/08
6.13
A development permit for a temporary building or structure or use shall be valid for
6 months and may not be renewed for more than 2 successive 6-month periods.
6.14
A wheelchair ramp may extend into the required yard of a residence for as long as
is required by an occupant of the residence, subject to the issuance of a
development permit.
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PART 7: ADMINISTRATION
Administration and Enforcement
7.1
In the administration and enforcement of this by-law the municipality authorizes and
directs the board of the Dennis County Planning District to proceed under Part 8.
Development Permits
7.2
A development permit is required for any the following:
(a)
the erection, construction, enlargement, structural alteration or placing of a
building or structure, other than those described in Section 7.4;
(b)
the establishment of a use of land or a building or structure;
(c)
the change of a use of land or a building or structure;
(d)
the alteration or enlargement of an approved conditional use.
[(e)
The construction, installation or expansion of any feedlot, manure storage
facility or animal housing facility, including board corrals, except for livestock
enclosures established by wire fencing with an animal unit capacity up to
250 animal units (cumulative across species).] BL 2011/08
7.3
Every owner shall be required to obtain a development permit prior to the
commencement of development, including the commencement of construction or
relocation of any building or structure, except as provided herein. 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 they are required under
the building by-law for such a building or structure, nor does it relieve the owner
from the responsibility of obtaining any other permit or approval that may be
required by any other administrative body, including business licences,
environmental approvals, highway access and structure location approval
(wherever necessary), and similar approvals.
7.4
A development permit is not required for the following:
(a)
the erection, construction, enlargement, structural alteration or placing of any
accessory agricultural building up to 1,000 square feet in floor area;
(b)
the erection, construction, enlargement, structural alteration or placing of the
following as accessory structures:
(i)
fences,
(ii)
signs (not including advertising signs where they are conditional
uses),
(iii)
lighting,
(iv)
flagpoles,
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(v)
sheds and buildings for the storage of domestic equipment and
supplies, which are less than 100 square feet in floor area,
(vi)
private communications aerials or antennas,
(vii)
garden houses or children's playhouses,
(viii)
water supply wells and private sewage disposal systems,
(ix)
unenclosed patios and other landscaping features,
(x)
temporary signs and notices, including real estate signs;
(c)
The maintenance, replacement or restoration of building components and
finishes, provided that the size of the building or structure is not materially
increased, or the structural load carrying capacity of any component is not
reduced; and
(d)
Oil wells and related apparatus, excluding oil field battery facilities.
7.5
Despite not requiring a development permit, all things listed in Section 7.4 shall be
subject to the requirements of this By-law, and to the requirements of any
government department, including the highway control areas adjacent to Provincial
Trunk Highways and Provincial Roads.
7.6
An application for a development permit shall be made by the owner or owners of
the site in question, or by a person authorized in writing by them.
7.7
An application for a development permit shall be accompanied by plans drawn to
scale showing the following:
(a)
the shape and dimensions of the site to be used or built on;
(b)
the location and dimensions of existing buildings and structures;
(c)
the location and dimensions of the proposed building, structure, enlargement
or alteration, including separation distances from site boundaries;
(d)
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;
(e)
vehicular access and utility connections, that may be required to service the
building;
[(f)
An application for approval of a development permit and/or a conditional use
and/or variation order for a livestock operation or any part thereof (including
a feedlot, animal housing facility or manure storage facility) shall be
accompanied by a site plan showing the following information:
(i)
the size and location of all existing and/or proposed feedlots, animal
housing and/or manure storage facilities;
(ii)
distances to property boundaries from all existing and/or proposed
feedlots, animal housing and/or manure storage facilities;
(iii)
existing and/or proposed drainage and water supply features (such
as wells) in the vicinity of these facilities; and
75
(iv)
written information describing the type(s) and number of existing and
proposed livestock involved in the operation and estimated
distances to the nearest 2 dwellings to the facility, other than
dwellings associated with and located on the same site as the
livestock operation.] BL 2011/08
and shall include any other information required by the development officer to
determine compliance with, and to provide for enforcement of, this By-law.
7.8
An application for a development permit shall be accompanied by the fee
prescribed by the board of the Dennis County Planning District.
7.9
Despite apparent compliance with this by-law, the development officer may refuse
to issue a development permit where the proposed building, structure or use does
not, to the development officer's knowledge, comply with the building by-law or with
any other law, subject to Sections 8.6 and 8.7.
7.10
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.
7.11
All proposed development shall be in accordance with the application and drawings
submitted to and approved by the development officer. No work shall vary from the
approved application and drawings without the prior written authorization of the
Development Officer, and the owner shall ensure that all development is completed
in accordance with the approved development permit.
7.12
The development officer may revoke a development permit:
(a)
where any information accompanying the development application is
incorrect or incomplete and an existing or proposed building, structure or use
is thereafter found to be in contravention of this By-law, the building by-law,
or any other law; or
(b)
where the development permit was issued in error.
Development Officer
7.13
The development officer shall be the person appointed as such by the board of the
Dennis County Planning District.
7.14
The development officer, on behalf of the municipality, shall issue development
permits and otherwise administer and enforce the provisions of this By-law and The
Planning Act, where applicable.
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7.15
The development officer shall exercise the powers of remedy and enforcement set
out in Part 8.
7.16
The development officer is authorized to grant or refuse, in his or her discretion, a
minor variation not to exceed 10 percent of the required yard provisions.
Application for Amendment
7.17
An application for an amendment to this By-law, including a change to the maps,
shall be made to the development officer by the owner or owners of the land in
question, or by a person authorized in writing by them.
7.18
An application for amendment shall be accompanied by plans drawn to scale
showing the following:
(a)
the shape and dimensions of the land affected;
(b)
the location and dimensions of existing buildings and structures;
(c)
the location and dimensions of any proposed building, structure,
enlargement or alteration;
(d)
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;
and shall include any other information required by the development officer to
determine compliance with, and to provide for enforcement of this By-law.
7.19
An application for an amendment shall be accompanied by the fee prescribed by
Council.
7.20
Following such consultation, review and report (if any) as the Council deems
necessary, the application shall be submitted to Council, which shall decide
whether or not to start the procedures for enactment of an amendment.
Applications for Variations and Conditional Uses
7.21
An application for a variation or approval of a conditional use shall be made to the
development officer by the owner or owners of the site, or by a person authorized in
writing by them.
7.22
An application for a variation or approval of a conditional use shall be accompanied
by the plans and information described in Section 7.7, and in the case of a livestock
production operation or an agricultural irrigation operation, by the information
described in Sections 5.10 and 5.11 or 5.21.
7.23
An application for a variation or a conditional use shall be accompanied by the fee
prescribed by Council.
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7.24
Where an application for a variation or conditional use has been submitted, a public
hearing shall be held by the Council, to receive representations from any person
with respect to the proposal, and notice of the public hearing shall be given as
required by The Planning Act.
7.25
On receipt of an application for a variation or approval of a conditional use in proper
form, the municipality may, prior to the hearing date prescribed under The Planning
Act, refer the application to any government department or authority for its review
and comment.
7.26
Council shall either approve or deny the variation or conditional use, and may
establish conditions of approval appropriate to the circumstances, in accordance
with the provisions of The Planning Act.
7.27
Council may subsequently revoke any approved conditional use as a consequence
of any violation of conditions specified at the time of approval.
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PART 8: ENFORCEMENT
Entry for Inspection and Other Purposes
8.1
The development officer may, after giving reasonable notice to the owner or
occupier of land or a building or other structure to be entered:
(a)
enter the land, building or structure at any reasonable time for the purpose of
inspection, enforcement and or action authorized by this By-law or The
Planning Act;
(b)
request that anything be produced to assist in inspection, remedy,
enforcement or authorized action; and
(c)
make copies of anything related to the inspection, remedy, enforcement or
authorized action.
8.2
The development officer must display or produce on request identification showing
his or her official capacity.
8.3
In an emergency or in extraordinary circumstances, the development officer need
not give reasonable notice or enter at a reasonable time and may do the things
referred to in 8.1(a) and (c) without the consent of the owner or occupant.
Order to Remedy Contravention
8.4
If the development officer finds that a person is contravening this By-law or The
Planning Act, the development officer may by written order require the person
responsible for the contravention to remedy it if, in the opinion of the development
officer, the circumstances so require.
8.5
The order may:
(a)
direct a person to stop doing something, or to change the way in which the
person is doing it;
(b)
direct a person to take any action necessary to remedy the contravention,
including the removal or demolition of a building or structure, or portion
thereof, that has been constructed, erected or placed in contravention and, if
necessary to prevent a reoccurrence of the contravention;
(c)
state a time within which the person must comply with the directions; and
(d)
state that if the person does not comply with the directions within the time
stated, the municipality will take the action or measure at the expense of the
person.
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Review by the Board
8.6
A person who receives an order under Section 8.4 or who is refused a permit under
Section 7.9 may request the board of the Dennis County Planning District to review
the matter, by written notice given within 14 days after the date the order under
Section 8.4 or decision under Section 7.9 is made.
8.7
After giving the person a reasonable opportunity to be heard, the board may
confirm, vary, substitute or cancel the order or decision.
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PART 9: INTERPRETATION
Zoning Boundaries
9.1
The following rules of interpretation shall apply to the boundaries of the zoning
designations shown on the maps comprising Schedule A:
a)
boundaries indicated as approximately following municipal boundaries shall
be construed to follow such boundaries;
(b)
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;
(c)
boundaries indicated as approximately following site limits as shown on a
registered plan or by reference to the Dominion Government Survey shall be
construed to follow such site limits.
9.2
If a street, lane or government road allowance is lawfully closed, then the land
formerly comprising the street, lane or government road allowance shall be
included within the zone of the land, which surrounds it. If the said street lane or
government road allowance was a zone boundary between two or more different
zones, then the new zone boundary shall be the former centreline of the closed
street, lane or government road allowance.
Groundwater Sensitivity Areas
9.3
The shaded areas on Map 1 representing groundwater sensitivity areas are
derived from information provided by Manitoba Water Resources Branch, and are
believed to be reasonably accurate. Where there is some question as to whether
or not a specific proposal is located in an area which is considered to be a
groundwater sensitivity area, the provisions of this By-law related to groundwater
sensitivity may be disregarded only if the owner can provide sufficient information,
obtained through on-site investigations including test drilling, which indicates that
groundwater sensitivity conditions do not exist at the specific location.
Permitted Uses
9.4
Where a use appears in the Use and Bulk Tables as a permitted use, it shall not be
construed to include any use, which appears as a conditional use for the same
zoning designation.
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Definitions
9.5
Terms not defined in this by-law which are defined in The Planning Act, have the
meaning provided in that Act.
9.6
Where the following terms appear in this By-law they have the meaning provided as
follows:
accessory - where used to describe a use, building or structure, means that the
use, building or structure is naturally and normally incidental, subordinate in
purpose or area, or both, and exclusively devoted to the use, building or structure to
which it is accessory, but a use shown as a conditional use in the Use and Bulk
Tables cannot be accessory to a use shown as a permitted use for the same
zoning designation. Where an accessory building or structure is attached to a
principal building or structure by means of a foundation, wall or roof, it shall be
deemed to part of the principal building or structure.
advertising sign - means a sign directing attention to a business, commodity,
service, entertainment or other matter, not conducted, sold, offered or carried out
on the same site (or on an adjacent site under the same ownership) where the sign
is maintained.
aircraft landing area - includes all open spaces, buildings and structures used in
connection with the landing or take-off of aircraft.
[animal housing facility - means a barn or an outdoor, non-grazing area where
livestock are confined by fences or other structures, and includes seasonal feeding
areas, but does not include feedlots or grazing areas.
animal unit - means the number of animals of a particular category of livestock
that will excrete 73 kilograms of total nitrogen in a 12 month period as defined in
the Livestock Manure and Mortalities Management Regulation - Manitoba Reg.
42/98, as amended.] BL 2011/08
building - has the meaning provided in The Planning Act, except that it does not
include a well, pipeline, excavation, cut, fill or transmission line.
building, height of - means the vertical distance measured from grade to the
highest point of the roof surface of a flat roof, to the deck of a mansard roof, and to
the average height level between eaves and ridge for a gable, hip or gambrel roof.
bulk - means the size of buildings or structures (based on floor area and height),
the site area and site width upon which a use, building or structure is located, the
location of exterior walls of a building in relation to site lines, and all open spaces
required along site lines;
82
club - refers to a building owned or leased by a non-profit corporation or
association, the use of which is restricted to members and their guests.
communal farm dwelling - means a residence in connection with a farm
operation carried out on the same or an adjacent site by a religious colony or other
association by or on behalf of the occupants of the residence, and includes all
associated cooking, eating, living, sleeping and sanitary facilities.
drive-through facility - means a facility designed to provide goods or services to
the persons in standing (as opposed to parked) motor vehicles, including but not
limited to a drive-through restaurant or bank.
dwelling unit - means one or more rooms used or intended to be used as a
single housekeeping unit with cooking, sleeping and sanitary facilities.
dwelling, single-family - means a detached building designed for and used by
only one family.
dwelling, two-family - means a detached or semi-detached building designed for
and used by 2 families, with each family having exclusive occupancy of a dwelling
unit.
dwelling, multiple-family - means a building containing three or more dwelling
units, with each unit designed for and used by one family, with each family having
exclusive occupancy of a dwelling unit.
[dwelling, non-farm - means a single family dwelling, mobile or modular home on
a site used for residential purposes, regardless of the owner's occupation, and
found in the "AG" Agricultural General Zone, "AML" Agricultural Moderately Limited
Zone or the "AL" Agricultural Limited Zone.] BL 2011/08
family - means one or more persons related by blood, adoption, marriage or
common-law marriage, or a group of no more than five persons which includes
unrelated persons, living together as a single housekeeping unit.
farm building - means any building or structure used primarily for agricultural
activities, but does not include a dwelling.
[feedlot - means a fenced area where livestock, while located in a livestock
operation, are confined solely for the purpose of growing or finishing, and are
sustained by means other than grazing.] BL 2011/08
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[general agricultural activities - means a use of land for agricultural purposes,
including the production of cereal crops, forage crops, and special crops such as
oilseeds and legumes; and including accessory structures for storing or processing
the agricultural commodities produced on the owner's property; but does not
include the following:
(a)
livestock operations;
(b)
storage or processing of agricultural products for the general public in return
for remuneration, or
(c)
sales or servicing for remuneration of agricultural equipment or agricultural
buildings.
grazing area - means lands used for pasture or crop production on which
livestock may be kept year-round or seasonally, and are fed primarily by direct
consumption of plant material grown on the area, and where manure produced by
those livestock does not accumulate such that mechanical removal is required.]
BL 2011/08
hundred-year flood - means a flood that can be expected to occur, on average,
once in 100 years, or specifically a flood that has a one percent chance of being
equalled or exceeded in any year.
kennel - means premises upon which more than 5 dogs or 10 cats, not including
animals less than 4 months of age, are boarded, bred, trained or cared for in return
for remuneration or are kept for the purpose of sale.
[livestock operation - mean a permanent or semi-permanent facility or non-
grazing area where at least 10 animal units of livestock are kept or raised either
indoors or outdoors, and includes all associated manure collection facilities, but
does not include an auction mart, or publicly owned agricultural exhibition ground.
manure storage facility types
a)
earthen manure storage facility means a structure built primarily from
earth, constructed by excavating or forming dikes, and used to retain
livestock manure;
b)
non-earthen manure storage facility means a structure, molehill, tank or
other facility not made out of earth for storing manure, and includes any
permanent equipment or structures in or by which manure is moved to or
from the storage facility, but does not include:
1)
a field storage site;
2)
a vehicle or other mobile equipment used to transport or dispose of
manure;
3)
a gutter or concrete storage pit used to store liquid or semi-solid
manure for less than 30 days;
4)
a collection basin;
5)
a composting site for manure or mortalities.] BL 2011/08
84
mobile home - means a portable dwelling unit which is designed or used for
residential occupancy, built upon or having a frame or chassis to which wheels may
be attached by which it may be moved upon a highway, whether or not such
structure actually has at any time such wheels attached, or is jacked up or skirted
and which conforms to the Buildings and Mobile Homes Act.
public utility - means a system furnishing water, sewage collection, electricity,
telecommunication services, gas or similar services to properties by means of
pipes, lines and other equipment located on or under public roads and other rights-
of-way.
residential care facility - means a building in which residential accommodation,
plus supervision, care or treatment, is provided by a person or persons employed
for that purpose.
[seasonal feeding area - means an outdoor non-grazing area where livestock
are kept for the purpose of providing supplemental or total feed requirements on a
seasonal basis, and where manure builds up such that mechanical removal and
land application is required but does not include a feedlot.] BL 2011/08
site - means an area of land which:
(a)
is occupied or intended to be occupied by a principal use or by a use of a
building or group of buildings, together with accessory buildings and
structures as are provided for herein, along with required yards;
(e)
has frontage on a street which has a minimum right-of-way width of 50 feet,
or has any lawful means of access satisfactory to Council, or as otherwise
provided for herein; and
(f)
is of sufficient size to provide for 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, corner - means a site situated at the intersection of 2 streets.
site depth - means the horizontal distance between the centre points in the front
and rear site lines.
site, interior - means a site other than a corner site.
site lines -
front site line - means:
(a)
the boundary of a site along a street or highway;
(b)
for a corner site, the narrowest frontage, or the continuation of the front site
line of the abutting interior site.
85
rear site line - means:
(a)
that boundary of a site, which is most nearly parallel to the front site line;
(b)
where the side site lines intersect, a line 10 feet in length within the site,
parallel to and at the maximum distance from the front site line.
side site line - means any boundary of a site, which is not a front or rear site line.
Where it is not possible to determine site lines according to these definitions, the
development officer shall determine them.
site width - means the horizontal distance between the side site lines, measured
at right angles to the site depth at a point midway between the front and rear site
lines, or at 40 feet from the front site lines, whichever is less.
specialized agricultural activities - means agricultural activities such as
apiculture, floriculture, horticulture and activities of a like nature which do not
require large acreages of land, and which in the opinion of Council, provide a major
component of household income.
structure - means a thing constructed or erected with a fixed location on or below
the ground or attached to something with such a fixed location, and includes but is
not limited to buildings, walls, fences, signs, billboards, light standards and
antennas.
[surface watercourse - means the channel in or bed on which surface water flows
or stands, whether continuously or intermittently, but does not include a dugout
reservoir, intermittent slough, drainage ditch or intermittent stream that is
completely surrounded by private land controlled by the owner or operator of an
agricultural operation and that has no outflow going beyond the private land. "
surface water - means any body of flowing or standing water, whether naturally or
artificially created, including, but not limited to a lake, river, creek, spring, drainage
ditch, roadside ditch, reservoir, swamp, wetland and marsh, including ice on any of
them, but not including a dugout or reservoir on the property of an agricultural
operation.] BL 2011/08
use - means any purpose for which a building, structure or site may be designed,
arranged, intended, maintained or occupied; or any activity, occupation, business,
or operation carried on, or intended to be carried on, in a building, structure or on a
site.
[wind energy generation station (WEGS) - means a site and facility that is
comprised of, but not limited to, one or more wind energy generation station 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
86
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. Each Wind
Energy Generation Station (WEGS) can be comprised of either a leased or owned
site.] BL 2011/08
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 the yard measured from a front, rear or side site line
towards the interior of the site within which no building or any part of a building or
structure may be located, except as provided in this By-law.
SCHEDULE "A"
ZONING MAPS
Attached to
By-law No. 2001/05
of
THE RURAL MUNICIPALITY
OF PIPESTONE
UN
UN
UR
AL
ML