Zoning By-law No. 3182 (consolidated with amendments to Dec 2022)
Rural Municipality of Portage la Prairie, Manitoba
· adopted 2021-11-09
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Rural Municipality of
Portage la Prairie
Zoning By-law 3182
THE RURAL MUNICIPALITY OF PORTAGE LA PRAIRIE
BY-LAw NO. 3182
BEING A BY- LAW to regulate the use and development of land within the Rural
Municipality of Portage la Prairie.
WHEREAS, pursuant to the provisions of Subsection 40 (1) of The Planning Act,
the Portage la Prairie Planning District, which includes the Rural Municipality of
Portage la Prairie, has by By-Law adopted the Portage la Prairie Planning District
Development Plan By-law 2-2018;
AND WHEREAS, Section 68 of The Planning Act provides that a Municipal Council
within a Planning District must adopt a zoning by-law that is generally consistent
with the Development Plan By-law;
NOW THEREFORE, the Council of the Rural Municipality of Portage la Prairie, in a
meeting duly assembled repeals Zoning By-law 3096 and amendments and enacts
the Rural Municipality of Portage la Prairie Zoning By-Law No. 3182.
NOW THEREFORE, the Council of the Rural Municipality of Portage la Prairie, in a
meeting duly assembled repeals Secondary South Basin By-Law No 3021.
DONE AND PASSED in Council duly assembled this 9th day of November, 2021.
The Rural Municipality of Portage la Prairie
(signed by Kameron Blight)
Reeve
(signed by Nettie Neudorf)
Chief Administrative Officer
READ A FIRST TIME THIS 24th day of August, 2021.
READ A SECOND TIME THIS 9th day of November, 2021.
READ A THIRD TIME THIS 9th day of November, 2021.
Rural Municipality of Portage la Prairie
Zoning By-law 3182
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TABLE OF CONTENTS
PART 1 PURPOSE AND INTENT........................................................... 1-1
1.1
THE BY-LAW ................................................................................................................ 1-1
1.2
INTENT .......................................................................................................................... 1-1
1.3
RESPONSIBLE AUTHORITY ....................................................................................... 1-1
1.4
INTERPRETATION AND APPLICATION OF BY-LAW ................................................ 1-2
1.5
ACCORDANCE WITH OTHER BY-LAWS .................................................................... 1-2
1.6
ENFORCEMENT ........................................................................................................... 1-2
1.7
RULES OF INTERPRETATION .................................................................................... 1-2
1.8
DIVISIONS OF BY-LAW ................................................................................................ 1-3
1.9
MEASUREMENTS ........................................................................................................ 1-3
1.10
ZONING DISTRICTS ..................................................................................................... 1-4
1.11 ZONING MAP ................................................................................................................. 1-4
1.12
ZONING BOUNDARIES ................................................................................................ 1-5
1.13
DEFINITIONS ................................................................................................................ 1-5
PART 2 ADMINISTRATION AND ENFORCEMENT ............................... 2-1
2.1
ADMINISTRATION ........................................................................................................ 2-1
2.2 RESPONSIBILITIES OF COUNCIL..................................................................2-1
2.3
RESPONSIBILITIES OF THE OWNER ......................................................................... 2-1
2.4
RESPONSIBILITIES OF THE DEVELOPMENT OFFICER ........................................... 2-2
2.5
DEVELOPMENT PERMIT INFORMATION ................................................................... 2-2
2.6
AMENDMENTS ............................................................................................................. 2-4
2.7 DEVELOPMENT AGREEMENTS ................................................................................. 2-5
2.8 CONDITIONAL USES ................................................................................................... 2-5
2.9 VARIATIONS................................................................................................................. 2-6
2.10 EXISTING USES PERMITTED ..................................................................................... 2-6
2.11 NON-CONFORMITY ..................................................................................................... 2-6
2.12
SITE REDUCED .................................................................................. .... 2-8
2.13 FEE SCHEDULE ........................................................................................................... 2-8
2.14 ORDER TO REMEDY CONTRAVENTION ................................................................... 2-8
PART 3 GENERAL DEVELOPMENT STANDARDS .............................. 3-1
3.1
REGULATION OF USES ............................................................................................... 3-1
3.2 NUMBER OF DWELLING UNITS .................................................................................. 3-1
3.3 PUBLIC UTILITIES, TRANSMISSION LINES AND WIND ENERGY ............................ 3-1
3.4 HEIGHT EXCEPTIONS .................................................................................................. 3-2
3.5 PARTY WALLS .............................................................................................................. 3-2
3.6 MULTIPLE USES OR PROVISIONS ............................................................................. 3-2
3.7 ACCESSORY BUILDINGS, USES AND STRUCTURES .............................................. 3-2
3.8 TEMPORARY BUILDINGS AND USES ........................................................................ 3-5
3.9 COMPLIANCE WITH BULK REQUIREMENTS ............................................................ 3-5
3.10 REQUIRED YARDS ....................................................................................................... 3-5
3.11
OPEN SPACE ALONG RURAL ROADWAYS .............................................................. 3-6
3.12
CORNER VISION TRIANGLES ..................................................................................... 3-6
Rural Municipality of Portage la Prairie
Zoning By-law 3182
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3.13
PROJECTIONS INTO YARDS ...................................................................................... 3-7
3.14
DOUBLE FRONTAGE SITES ....................................................................................... 3-7
3.15
FLOOD RISK AREAS AND HAZARD LANDS ............................................................. 3-8
3.16
HIGH WATER TABLE AREAS ..................................................................................... 3-8
3.17
SITE REDUCED BY ROAD WIDENING ....................................................................... 3-8
3.18
ROAD ACCESS ............................................................................................................ 3-9
3.19
WATER AND WASTEWATER FACILITIES ................................................................. 3-9
3.20
PUBLIC MONUMENTS AND CAIRNS .......................................................................... 3-9
3.21
KEEPING OF ANIMALS ................................................................................................ 3-9
3.22
SPECIAL DEVELOPMENT RESTRICTIONS ............................................................... 3-9
3.23
HAZARDOUS MATERIALS STORAGE ..................................................................... 3-11
3.24
TREE CLEARING ........................................................................................................ 3-11
3.25
ACCESSESSORY OFF-STREET PARKING .............................................................. 3-11
PART 4 RESIDENTIAL ZONES............................................................... 4-1
4.1
TYPE AND INTENT OF RESIDENTIAL ZONES ........................................................... 4-1
4.2
RESIDENTIAL ZONE SITE REQUIREMENTS ............................................................. 4-2
4.3
RESIDENTIAL ZONE LAND USE AND PARKING REGULATIONS ........................... 4-8
PART 5 COMMERCIAL ZONES .............................................................. 5-1
5.1
TYPE AND INTENT OF COMMERCIAL ZONES .......................................................... 5-1
5.2
COMMERCIAL ZONE SITE REQUIREMENTS ............................................................ 5-2
5.3
COMMERCIAL ZONE LAND USE AND PARKING REGULATIONS ........................... 5-3
PART 6 INDUSTRIAL ZONES ................................................................. 6-1
6.1
TYPE AND INTENT OF MANUFACTURING/INDUSTRIAL ZONE .............................. 6-1
6.2
INDUSTRIAL ZONE SITE REQUIREMENTS ............................................................... 6-2
6.2.1
'MP' INDUSTRIAL POPLAR BLUFF ZONE DEVELOPMENT STANDARDS............6-4
6.3
GENERAL INDUSTRIAL PROVISIONS ....................................................................... 6-4
6.4
INDUSTRIAL ZONE LAND USE REGULATIONS AND PARKING .............................. 6-5
PART 7 PARKS AND RECREATION ZONE ........................................... 7-1
7.1
TYPE AND INTENT OF PARKS AND RECREATION ZONE ....................................... 7-1
7.2
PARKS AND RECREATION ZONE SITE REQUIREMENTS ....................................... 7-2
7.3
PARKS AND RECREATION ZONE LAND USE REGULATIONS AND PARKING ..... 7-3
PART 8 AGRICULTURAL ZONES .......................................................... 8-1
8.1
INTENT AND TYPE OF AGRICULTURAL ZONE......................................................... 8-1
8.2
AGRICULTURAL ZONE SITE REQUIREMENTS ......................................................... 8-2
8.3
AGRICULTURAL ZONE LAND USE REGULATIONS AND PARKING ....................... 8-4
8.4
LIVESTOCK OPERATIONS .......................................................................................... 8-7
PART 9 GENERAL DEVELOPMENT ZONES ......................................... 9-1
9.1
INTENT AND TYPE OF GENERAL DEVELOPMENT ZONE ....................................... 9-1
9.2
GENERAL DEVELOPMENT ZONE SITE REQUIREMENTS ....................................... 9-2
9.3
GENERAL DEVELOPMENT ZONE LAND USE REGULATIONS AND PARKING ..... 9-4
Rural Municipality of Portage la Prairie
Zoning By-law 3182
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PART 10 USE STANDARDS ................................................................. 10-1
10.1
CHILDCARE, HOME BASED ...................................................................................... 10-1
10.2
HOME OCCUPATIONS ............................................................................................... 10-2
10.3
BED AND BREAKFAST.............................................................................................. 10-3
10.4
MOBILE HOME ........................................................................................................... 10-4
10.5
GARDEN SUITES ....................................................................................................... 10-5
10.6
SECONDARY SUITE................................................................................................... 10-6
10.7
GUEST QUARTERS ................................................................................................... 10-6
10.8
PLANNED UNIT DEVELOPMENT .............................................................................. 10-7
10.9
ANIMAL KEEPING ...................................................................................................... 10-8
10.10 DRIVE THROUGH ESTABLISHMENTS ..................................................................... 10-8
10.11 PRIVATE SWIMMING POOLS AND HOT TUBS ........................................................ 10-9
10.12 SCHOOL, ELEMENTARY AND JUNIOR HIGH ........................................................ 10-10
10.13 SCHOOL, SENIOR HIGH .......................................................................................... 10-10
10.14 SECONDARY SUITE................................................................................................. 10-10
10.15 SHIPPING CONTAINERS ......................................................................................... 10-11
10.16 SMALL WIND ENERGY GENERATING SYSTEMS ................................................. 10-12
10.17 SOLAR COLLECTOR ............................................................................................... 10-14
10.18 WIND ENERGY GENERATING SYSTEMS (WEGS) ................................................ 10-15
10.19 SIGNS....................................................................................................10-16
APPENDIX: ZONING MAPS ................................................................... A-1
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-1
PART 1 PURPOSE AND INTENT
1.1 THE BY-LAW
(1) This By-law shall be known and may be cited as the "Rural Municipality of
Portage la Prairie Zoning By-law."
(2) This By-law shall be in full force and effect on the day it is given Third Reading
by the Council of the Rural Municipality of Portage la Prairie.
(3) This By-law shall apply to all lands in the Rural Municipality of Portage la
Prairie, as indicated on Map 1 of Schedule A Appendix [AM B/L#3195] to this
By-law.
1.2 INTENT
The regulations and provisions established by this By-law are deemed necessary
in order to:
(1) Implement the objectives and policies of the Development Plan, By-law
No. 02-2018;
(2) To define and limit the powers and duties of the Council and the Development
Officer; and
(3) To regulate the following:
a)
all buildings and structures erected hereafter;
b)
all uses of buildings, structures and land established hereafter;
c)
all alterations, demolitions or relocations of existing buildings and
structures occurring hereafter;
d)
all enlargements of existing buildings, structures or uses; and
e)
all changes in the use or intensity of use of buildings, structures and land
occurring hereafter.
1.3 RESPONSIBLE AUTHORITY
(1) The authority responsible for the enactment of this By-law shall be the Council,
in accordance with the provisions of The Act; and
(2) Subject to the provisions of The Act, the regulations, restrictions and
boundaries set forth in this By-law may from time to time be amended or
repealed.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-2
1.4 INTERPRETATION AND APPLICATION OF BY-LAW
In their interpretation and application, the provisions of this By-law shall be held to
be the minimum requirements to satisfy the intent and purpose as set forth herein.
1.5 ACCORDANCE WITH OTHER BY-LAWS
Whenever provisions of any By-law of the Municipality or any other requirement of
the Provincial or Federal Government impose overlapping regulations over the
use of land or buildings or bulk requirements or contain any restrictions covering
any of the same subject matter contained herein, the most restrictive or highest
requirement shall govern.
1.6 ENFORCEMENT
The enforcement of this By-law, or any resolution or Order enacted by the Council
under The Act or any regulation made there under shall be in accordance with
The Act.
1.7 RULES OF INTERPRETATION
The following rules of interpretation shall apply to the text of this By-law:
(1) Words, phrases and terms are as defined within this By-law. Words written in
italics have meanings defined in Section 1.13.
(2) Words, phrases and terms not defined within this By-law shall be as defined
in The Planning Act, The Municipal Act, The Buildings and Mobile Homes Act,
The Manitoba Building Code, The Manitoba Plumbing Code, and the Building
By-law of the Municipality.
(3) Words, phrases and terms neither defined in this By-law, nor in an applicable
Building By-law of the Municipality or other appropriate provincial acts and
regulations, shall be given their usual and customary meaning, except where
Council determines the context clearly indicates a different meaning.
(4) Where any requirement of this By-law results in a fraction of a unit, a fraction
of one/half (1/2) or more shall be considered a whole unit and a fraction of
less than one/half (1/2) shall be disregarded.
(5) The term "shall" is mandatory and not permissive; the word "may" is
permissive and not mandatory.
(6) Words used in the singular include the plural and words used in the plural
include the singular.
(7) Words used in the present tense include the future tense and words used in
the future tense include the present tense.
(8) The phrase "used for" includes "arranged for", "designed for", "maintained for"
or "occupied for".
Purpose and Intent
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Zoning By-law 3182
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(9) The words "person" includes an individual, a corporation, a partnership, an
incorporated association, or any other similar entity.
(10) Unless the context clearly indicates the contrary, where a regulation involves
two or more items, conditions, provisions or events connected by the
conjunction "and", "or", "either-or", the conjunction shall be interpreted as
follows:
a)
"And" indicates that all the connected items, conditions, provisions or
events shall apply in any combination.
b)
"Or" indicates that the connected items, conditions, provisions or events
may apply singly or in any combination.
c)
"Either-or" indicates that the connected items, conditions, provisions, or
events shall apply singly but not in combination.
(11) The words "include" "includes" or "including" shall not limit a term to the
specified examples, but is intended to extend the meaning to all other
instances or circumstances of like kind or character.
1.8 DIVISIONS OF BY-LAW
This By-law is divided into PARTS relating to themes. Each Part is designated by
the written words "PART" in capitals followed by a title.
Sections and sub-sections within parts are divided by a consistent numbering
system. For example: 1.1.1 refers to part 1, section 1, and subsection 1. Letters
or numbers are also used to convey points or clauses where appropriate, such
as: a), i, (1).
1.9 MEASUREMENTS
All dimensions provided for in this By-law are in Imperial measurements. An
Imperial/Metric conversion table is provided below.
CONVERSION TABLE
METRIC TO IMPERIAL
IMPERIAL TO METRIC
1 m = 3.281 ft.
1 ft. = 0.3048 m
1 km = 0.6214 miles
1 mile = 1.6093 km
1 sq. m = 10.764 sq. ft.
1 acre = 4046.9 m2
1 ha = 2.4711 acres
1 acre = 0.40468 ha
Purpose and Intent
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Zoning By-law 3182
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1.10 ZONING DISTRICTS
Uses of land in the municipality are regulated in accordance with the following
thirteen (13) zoning designations;
"RMH" Residential Mobile Home
"RR"
Residential Rural
"RS"
Residential Seasonal
"RU"
Residential Urban
"CG"
Commercial General
"CH"
Commercial Highway
"M"
Manufacturing / Industrial
"MP"
Industrial Poplar Bluff
"MS"
Industrial Southport
"PR"
Parks and Recreation
"AG"
Agricultural General
"AL"
Agricultural Limited
"GD"
General Development
1.11 ZONING MAP
The location and the boundaries of the zones are shown on the Zoning Map. All
notations, references and other information shown thereon, together with any
amendments made by amending By-laws, and any amendments to boundaries in
the case of any street, lane or public utility right-of-way closing, shall be as much
as part of this By-law as if the information set forth by the Zoning Map were fully
described.
(1) Dimensions and Scale
The scale and all dimensions are in imperial.
(2) Registered Plans
All plan references pertain to registered plans filed in the Portage la Prairie
Land Titles Office.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
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(3) Abbreviations
Abbreviations mean the following:
a)
"Blk." Means Block
b)
"Pcl." Means Parcel
c)
"Pt." means Part
d)
"Sec." means Section
e)
"Tp." and "Twp." Mean Township
f)
"R" and "Rge." Mean Range
g)
"W" and "W.P.M." means West of the Principal Meridian
h)
"P.R." means Provincial Road
i)
"P.T.H." means Provincial Trunk Highway
1.12 ZONING BOUNDARIES
The following rules of interpretation shall apply to the boundaries of the zones
shown on the maps in the Appendix:
(1) 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;
(2) 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.
(3) 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.
1.13 DEFINITIONS
ACCESSORY BUILDING, STRUCTURE OR USE: A building, structure or use
which is subordinate to, and incidental to the permitted or approved principal
building or use; and is located on the same site as the principal building, or use,
with the single exception of such dwelling off-street parking facilities as are
permitted to locate elsewhere than on the same site with the principal building,
structure or use, as per subsection 3.25.
ACT, THE: The Planning Act, C.C.S.M., C. P80 and all amendments and
regulations thereto.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
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AGRI-BUSINESS: The use of land, buildings or structures for the purpose of
buying or selling commodities and services that support agricultural uses as
defined in this By-law. These shall include, but not limited to, such sales and
services as welding and machinery repairs, farm drainage and excavation, well-
drilling, contracting and trades related to farm buildings and structures, custom
spray, tillage, planting and harvesting services.
AGRICULTURE, GENERAL: The use of land for agricultural purposes, including
cultivation, dairying, grazing, apiculture, floriculture, horticulture and animal and
poultry husbandry, and the necessary accessory uses for packing, storing or
treating the produce, but does not include livestock operations.
AGRICULTURE, INDOOR: Indoor, commercial-scale horticultural or aqua-cultural
operations using soil-free methods (hydroponic or aeroponic) for growing high
value/high yield plants for consumption and non-food products, such as cannabis.
This type of use is typically housed in a fully enclosed warehouse with stacked,
vertically-oriented growing containers and controlled, year-round growing systems.
AGRICULTURAL INDUSTRIES: Industries that support agricultural activities
including: seed cleaning plants, grain elevators, fertilizer plants, feed mills,
abattoirs, livestock auction marts and bulk storage of fertilizer, but not anhydrous
ammonia or bulk propane.
AGRICULTURAL PROCESSING: Facilities which store and process agricultural
products, such as grains, vegetables, raw food, animal products and non-food
crops, such as cannabis, for wholesale or direct sale purposes.
AGRICULTURE, SPECIALIZED: The use of land for high value, lower volume,
intensively managed agricultural products, such as greenhouses, apiaries, market
gardening and similar agricultural activities, but which do not require the large
parcel sizes (80 acres or greater) associated with annual crop production and
livestock operations. Specialized agriculture may contain limited retail sales of
goods produced on site and educational components, but agricultural production
is to be the primary activity.
AIRPORT AND ASSOCIATED FACILITIES: Any area of land or water which is
used or intended for the landing or take-off of aircraft and any associated areas
which are used or intended for use for airport buildings or other airport facilities or
rights-of-way, including taxi-ways, aircraft storage and tie-down areas, hangers,
helipads, and other related buildings and open spaces.
ALTER OR ALTERATION: A non-structural change or modification to an existing
building, structure or use which does not increase the exterior dimensions of height
and area.
Purpose and Intent
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Zoning By-law 3182
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ALTERATIONS, INCIDENTAL: Changes or replacements in the non-structural
parts of a building or structure, including but not limited to the following:
a) alteration of interior partitions in all types of buildings; or
b) replacement of, or changes in, the capacity of utility pipes, ducts or conduits.
ALTERATION, STRUCTURAL: The construction or reconstruction of supporting
elements of a building or other structure such as bearing walls, columns, joists,
beams or girders. For the purpose of this By-law structural alteration shall not
include the following alterations:
a) the alteration of interior non-load bearing components;
b) the replacement of, or change in, utility pipes, ducts or conduits;
c) changing windows or doors; when the opening is not enlarged;
d) replacement of building facades;
e) Other non-structural maintenance, repair or renovation.
AMUSEMENT ENTERPRISE, INDOOR: An indoor facility, which is a fully
enclosed building, whose main purpose is to provide the general public with
entertainment or recreation, with or without charge. Typical uses may include, but
are not exclusive to, fitness centres, bowling alleys, billiard or pool halls, pinball
parlors or similar uses.
AMUSEMENT ENTERPRISE, OUTDOOR An outdoor facility whose main
purpose is to provide the general public with entertainment or recreation, with or
without charge. Typical uses may include, but are not exclusive to, amusement
parks/fair grounds, batting cages, drive-in theatres, golf driving ranges, mini golf
courses, go-cart tracks, target sport ranges, skating rinks, skateboard parks,
swimming pools, water parks, zoological parks, and similar uses.
ANIMAL DAY CARE: An establishment for the care of household pets, but where
no animals are kept overnight.
ANIMAL GROOMING: An establishment for the washing and grooming of
household pets. This use does not include overnight care.
ANIMAL HOSPITAL OR VETERINARY CLINIC: A facility for keeping animals
(including livestock) to be treated, undergoing treatment or recovering from
treatment in accordance with normal veterinary practice. This definition shall not
apply to educational institutions of veterinary science.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-8
ANIMAL, HOUSEHOLD PET: Animals that are customarily kept for
companionship within the home. Household pets shall include domestic dogs,
cats, tropical birds, fish and rodents. Excludes: livestock, monkeys, snakes,
exotic animals and other similar animals and fowl.
ANIMAL KEEPING: A use where livestock or other animals (excluding household
pets) less than 10 animal units (cumulative across species) are sheltered, bred,
raised and/or trained, or kept for sale or hire to the public. This includes, but is not
limited to, stables.
ANIMAL KENNEL: Any establishment in which more than three (3) household
pets are boarded, bred, trained, or cared for, in return for remuneration, or are
kept for the purpose of sale. A kennel shall not include an animal
hospital/veterinary clinic, or animal shelter.
ANIMAL SHELTER: A lot and/or building or part thereof used for the temporary
lodging and care of lost, abandoned or neglected household pets. This use does
not include an animal kennel.
ANIMAL UNIT (A.U.): The number of animals of a particular category that will
excrete 160.9 lbs (73 kg) of total nitrogen in a 12-month period.
AREA, THE: All the land within the boundaries defined in Section 1.1(3) of PART
1 of this By-law.
ASHPHALT & CONCRETE BATCH PLANTS, TEMPORARY: An industrial facility
used for the production of asphalt or concrete, or asphalt or concrete products,
used in building or construction. The stockpiling of bulk materials used in the
products process or of finished products manufactured on the premises and the
storage and maintenance of required equipment, but does not include the retail
sale of finished asphalt or concrete products.
ASSISTED LIVING: A facility where a combination of lodging, meals,
housekeeping and living support is available for compensation. Typical uses
include seniors' homes, retirement homes and medical receiving homes, but
excludes personal care homes and facilities providing medical diagnostic services
or treatment by licenses physicians.
AUCTION ROOM: A building or portion of a building used for the public sale of
goods, merchandise, or equipment, other than livestock, vehicles or heavy
equipment, to the highest bidder.
AUCTION YARD: A place where vehicles or heavy equipment (operable or
inoperable) are offered for sale to the highest bidder.
Purpose and Intent
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Zoning By-law 3182
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AWNING, CANOPY OR MARQUEE: Any roof-like structure, which may be
constructed as an integral part of a building or attached in such a manner as not to
be an integral part of a building, but is so constructed to provide shelter or shade
over an entrance way or a window.
BASEMENT: A storey or storeys located below the first storey or any storey with
its floor level one (1) metre or more below average grade level.
BED AND BREAKFAST: An accessory use carried on within an owner-occupied
single-family dwelling where temporary accommodation is provided for
remuneration. The price of one meal per day is included in the stated price. Rented
rooms shall not contain cooking facilities.
BOAT DOCK, PUBLIC: A structure built over or floating on water used as a landing
place for boats and for other recreational uses by the general public.
BREWERY, DISTILLERY OR WINERY: A facility that possesses the appropriate
license(s) issued by the Province of Manitoba to allow it to produce onsite, sell, and
distribute beer, wine or other liquor or distilled spirits. All processes, functions and
mechanical equipment directly associated with the production of beer, wine or other
liquor must be contained inside a building. A tasting room established in
accordance with all Province of Manitoba regulations and licensing requirements
for the consumption of beer, wine or other liquor may form part of the brewery,
distillery or winery. Other associated commercial sales and service uses may be
established in conjunction with the brewery, distillery or winery, such as restaurant,
drinking establishment or small-scale retail sales for the sale of merchandise
associated with the brewery, distillery or winery.
BUILDING: Any structure used or intended for supporting or sheltering any use or
occupancy.
BUILDING, HEIGHT OF: The total number of storeys in a building or the vertical
distance measured from grade to the highest point of the roof surface if a flat roof,
to the deck of a mansard roof, and to the mean height level between eaves and
ridge for gable, hip or gambrel roof.
BUILDING INSPECTOR: The Building Inspector as appointed by the Portage la
Prairie Planning District.
BUILDING, LANDSCAPE OR GARDEN SUPPLIES: An establishment, including
a building, part of a building or open space, for the display and/or sale of lumber
and other building materials and supplies, plants, trees, and/or other materials
used in indoor or outside planting, for retail sales and incidental wholesale trade.
Purpose and Intent
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Zoning By-law 3182
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BUILDING, MAIN OR PRINCIPAL: A building in which is conducted the principal
use of the site on which it is situated.
BULK STORAGE: The storage of chemicals, petroleum products and other
materials in above-ground containers for subsequent resale to distributors or retail
dealers or outlets.
BULK TABLE: A composite term used to indicate the size and setbacks of
buildings or structures and the location of same with respect to one another, and
includes the following:
a) Size and height of buildings
b) Location of exterior walls at all levels in relation to lot lines, streets, or to other
buildings;
c) Floor area ratio of buildings;
d) All open spaces allocated to buildings; and
e) Amount of lot area provided per dwelling unit.
BUS DEPOT: An area utilized by commercial carriers for pick-up or drop-off of
passengers, including loading and unloading areas, shelters, restrooms,
concessions, benches, information offices, parking, ticket sales, landscaping,
lighting and other such facilities.
CALL CENTRE: A building or a portion of a building in which workers provide
support services to offsite customers primarily via telephone interactions.
Services to customers are not typically available on a walk-in or over-the-counter
basis. Call centres are distinct from office uses on the bases of multiple-shift
operations (typically 24-hour, seven days a week) and floor space configurations
that typically involve dense staff concentrations in comparatively smaller work
areas.
CAMPING GROUNDS: A parcel of land planned and improved to accommodate
recreational vehicles, tents, tent trailers or other camping accommodations used
as temporary dwellings for travel, recreational and vacation uses.
CARPORT: An attached building open on two (2) sides of the shelter of privately
owned automobiles, minimum size of 12 x 20 feet.
CAR WASH: A building or portion thereof wherein facilities are provided for the
washing, cleaning and polishing of motor vehicles, whether operated by the public
or by onsite employees, whether or not in conjunction with other goods or services
provided to customers.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-11
CELLAR: Any basement, sub-basement or crawl space to which access can be
obtained by way of a trap door, or such other means of access not normally or
primarily used as a door for ingress and egress by people, including but not
limited to ramps, overhead or sliding doors, shipping and receiving doors, vehicle
entrances and exists exits [AM B/L #3195], located partially or wholly below adjacent
grade level.
CEMETERY/MAUSOLEUM: Land used or dedicated to the internment of human
remains and may include columbarium, mausoleums, mortuaries and associated
maintenance facilities, when operated in conjunction with and within the
boundaries of such cemetery.
CHEQUE-CASHING FACILITY: A commercial establishment ("payday loan"
establishment) that engages in the business of cashing cheques, warrants, drafts,
money orders, or other commercial paper serving the same purpose but does not
include a bank, savings and loan, or credit union nor establishments selling retail
consumer goods, where the cashing of cheques or money orders is incidental to
the principal purpose of the business.
CHILDCARE, CENTRE: A building or portion of a building used for the provision
of care, for remuneration or rewards, to a child apart from his or her parents or
guardians for a period in any one day. The operation meets all applicable provincial
legislation and regulations.
CHILDCARE, HOME-BASED: The accessory use of a portion of a dwelling unit for
the provision of care provided by a resident of the dwelling, for remuneration or
rewards, to a child apart from his or her parents or guardians for a period in any
one day. The operation meets all applicable provincial legislation and regulations.
CLUB, PRIVATE (NOT LICENSED): A non-profit organization incorporated as
such by the Government of Canada or the Government of Manitoba and includes
facilities used for the meeting, social, or recreational activities of non-profit
philanthropic, social service, athletic, business, or fraternal organizations, without
onsite residences. When licensed for the sale of alcoholic beverages by the
Government of Manitoba, such a club is considered a drinking establishment.
COLLEGE OR UNIVERSITY: A permanent facility for the purpose of undergraduate
and graduate instruction, whether privately or publicly funded, and includes on-site
dormitories for enrolled students as an accessory use. This use also includes junior
college, vocational and technical institutions and polytechnics.
COMMERCIAL MARINA: A commercial facility for the storage, launching,
mooring, renting and incidental repair of boats.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-12
COMMERCIAL SCHOOL: An establishment, other than elementary or junior high
schools, senior high schools, or colleges and universities, used for the purpose of
teaching, training or imparting of knowledge or a skill. Typical uses include
schools for beauty, dance, language, computer, art, music, acting, speech,
drama, child development and tuition centres. This does not include vocational,
technical or polytechnical institutions.
COMMUNITY GARDEN: An area managed by a non-profit organization, a
community-based entity or a public entity where members of the community may
grow plants for beautification, education, recreation, community distribution or
personal use. This use may include common areas and accessory structures
maintained and used by group members.
COMMUNITY/RECREATION CENTRE: Any land, buildings or structures used for
public recreational, social, or multi-purpose uses where patrons are primarily
participants and any spectators are incidental and attend on a non- recurring
basis, and which are owned, operated or occupied by a non-profit or
governmental agency. Examples include public recreation and leisure centres,
hockey and skating rinks, curling, swimming pools, community halls, and
community centres.
CONDITIONAL USE: A use that has a special characteristic as part of its
operation and may be permitted, subject to approval by Council. Conditional uses
may include, but are not exclusive to, potential dangers, smoke, noise and
parking.
CONFERENCE CENTRE: A building or portion of a building in which the primary
use is to accommodate lectures, meetings or events for the exclusive use of
individual or group participants that have rented the premises, and in which meals
for participants may be included.
CONSERVATION AREA: A careful preservation and protection of something;
especially, planned management of a natural resource to prevent exploitation,
destruction or neglect.
CONTRACTORS' ESTABLISHMENT: A building or part of a building or land area
for the construction or storage of materials, equipment, tools, products, and
vehicles.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-13
CORNER RESTRICTED AREA: That area on a corner site formed by the
intersecting street lines and a straight line joining points, with said street lines 10
feet from the point of intersection of the street lines.
COUNCIL: The Council of the Rural Municipality of Portage la Prairie.
CREMATORIUM: A facility containing a properly installed, certified furnace or
other apparatus intended for use in the incineration of human or animal corpses.
CULTURAL CENTRE: A building or portion of a building dedicated to the
celebration and promotion of a cultural group or groups. A cultural centre is
distinct from a private club on the basis of a broader range of uses typically
available to customers and guests, including restaurants, retail sales, personal
services, theatres, and banquet halls. In addition, customers and guests are not
required to be members of a non-profit organization.
DATA CENTRE: An establishment primarily involved in the compiling, storage,
and maintenance of documents, records, and other types of information in digital
form utilizing a mainframe computer. This use does not include general business
offices, computer-related sales establishments, and professional or personal
services.
DECK: A structure abutting a dwelling with no roof or walls except for visual
partitions and railings which is constructed on piers or a foundation 8 inches or
more above grade for use as an outdoor living area.
DENSITY: The total number of dwelling units divided by the total area of land to
be developed; expressed in gross acres.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-14
DESIGNATED AREA: An area designated for use as per the Portage la Prairie
Planning District Development Plan.
DEVELOPMENT OFFICER: The officer appointed by the Portage la Prairie
Planning District, in accordance with the provisions of The Planning Act.
DEVELOPMENT PERMIT: A permit issued under the zoning By-law authorizing
development.
DEVELOPMENT PLAN: The Portage la Prairie Development Plan as adopted by
By-law and all amendments thereto.
DEVELOPMENT STANDARD: Any rule that this By-law places on any type of
development or any type of use so as to create a desired effect which may be, but
is not limited to accessibility, aesthetics, or public safety.
DORMITORY: A building designed for or used as accessory group living quarters
for students of a school, and owned and managed by that school, or by a
fraternity or sorority officially recognized by that school.
DRINKING ESTABLISHMENT: An establishment or portion of an establishment,
licensed by the Government of Manitoba, where the principal purpose of the
establishment or portion is the sale of alcoholic beverages to the public, for
consumption on the premises. Other associated uses that may be established in
conjunction with a drinking establishment include live entertainment, food sales
incidental to the sale of alcohol.
DRIVE-THROUGH ESTABLISHMENT: Any use designed or operated to allow
patrons, while outside on the premises in motor vehicles, to order, request,
exchange, donate, or receive goods, wares, merchandise, products, foods,
beverages, or services.
DRIVEWAY: A private road giving access from a public way to a parcel of land.
DROP IN BABYSITTING SERVICE: The provision of child supervision operated
in conjunction with, and accessory to, a principal commercial or institutional use
(such as retail sales, entertainment, educational or similar) where children are
cared for while parents or guardians are occupied in some form of short-term
activity on the premises or in the immediate vicinity. No overnight care is
provided.
DWELLING: A building, or portion thereof, designed and intended to be used for
residential occupancy. A dwelling does not include establishments for commercial
accommodation.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-15
DWELLING, MOBILE HOME: A portable dwelling unit that is designed or used
for residential occupancy by one (1) family, built upon or having a frame or
chassis to which wheels may be attached for transportation purposes, whether or
not such structure actually has at any time such wheels, or is jacked up or skirted.
DWELLING, MULTIPLE-FAMILY: A building containing three (3) or more
dwelling units, arranged in a vertical or horizontal manner, either served by
separate entrances or common corridors and entrances. This includes apartment
buildings, row housing, tri-plexes and similar.
DWELLING, NON-FARM: A dwelling that does not relate to a farm or farm
operation.
DWELLING, SINGLE-FAMILY: A detached building designed for and containing
only one (1) dwelling unit. A single-family dwelling may include a modular or an off-
site built/ready-to-move (RTM) home on a permanent foundation but does not
include a mobile home.
Single Family Lot: Yards
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-16
DWELLING, SEASONAL: A single-family dwelling which is constructed for and
used as, a secondary place of residence for seasonal use only.
DWELLING - STAFF/CARETAKER: A single-family dwelling, two-family dwelling
or mobile home which is accessory to, and located on the same site as, a
permitted or conditional agricultural operation or commercial/industrial use, and
which is used as the habitable residence of staff that are essential for the
maintenance, operation and care of the principal agricultural operation or
commercial/industrial use.
DWELLING, TWO-FAMILY: A detached or semi-detached building containing
two (2) dwelling units, arranged in a vertical (duplex) or horizontal manner (side-
by-side/semi-detached). This use does not include a secondary suite.
Two Family Lot: Yards
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-17
DWELLING UNIT: A room or group of rooms in a building used or intended to be
used by one (1) family for living purposes, with eating, sleeping, sanitary and
cooking facilities (but not more than once one [AM B/L #3195] kitchen).
EARTHEN STORAGE LAGOON: A structure built primarily from soil, constructed
by excavating or forming dikes, and used to retain human and livestock waste.
EMERGENCY RESIDENTIAL SHELTER: A facility where emergency temporary
accommodation is provided to persons who are homeless, due to indigence,
family violence or disaster, operated by a public or non- profit agency, and where
on-site supervision is provided whenever such shelter is occupied.
ENTERTAINMENT FACILITY: An establishment devoted to showing motion
pictures or dramatic, dance, musical, or other live performances. Typical uses
include auditoriums, concert halls, theatres and cinemas.
ENLARGEMENT: An addition to the floor area of an existing building or structure,
or an increase in that portion of a parcel of land occupied by an existing use.
ERECT: When used in this By-law, includes building, construction, reconstruction
and relocation, and without limiting the generality of the word, also includes:
a) any preliminary physical operation, such as excavating, filling or draining;
b) altering any existing building or structure by an addition, enlargement, extension
or other structural change; and
c) any work which requires a building permit under the Building By-law of the Rural
Municipality of Portage la Prairie.
"Erected" and "Erection" shall have corresponding meanings.
FAMILY: One (1) or more persons related by blood, marriage, common-law
relationship, or legal adoption/foster care, or a group of not more than four (4)
persons, who may not be related by blood or marriage, occupying a dwelling unit
and living as a single housekeeping unit (all having access to and use of all
common living and eating areas within the dwelling unit).
FARM BUILDINGS OR STRUCTURES: Any buildings or structures existing or
erected on land used principally for agricultural activities but not including
dwellings or mobile homes.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-18
FARMSTEAD: The portion of land of a permitted or conditional agricultural
operation that is set aside for the habitable residence of the producer, and other
buildings and facilities associated with the agricultural operation. The habitable
residence can be a single-family dwelling or mobile home. A farmstead is
accessory to, and located on, the same site as the agricultural operation and is
usually surrounded by a well-defined shelter-belt.
FARMERS MARKET: An occasional or periodic market held in an open area or in
a structure where groups of individual sellers offer for sale to the public such items
as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and
beverages dispensed from booths located on-site.
FEEDLOT: An outdoor area that is fenced to confine livestock solely for the
purpose of growing or finishing but does not include:
(a) a grazing area; or
(b) a seasonal feeding area.
FLEET SERVICES: A central facility for the distribution, storage, loading and
repair of fleet vehicles, with or without associated dispatch services and offices.
Typical uses may include, but are not exclusive to, courier, delivery, and express
services, cleaning services, key and lock services, security services, and taxi
services.
FLOOR AREA: The total area of all of the floors of all buildings and structures on
a site, measured from the exterior faces of the exterior walls or from the centerline
of party walls. The floor area shall include basements when used for residential,
commercial or industrial purposes; floor space used for mechanical equipment;
interior elevator shafts and stairwells; and penthouses and mezzanines. Roof
space used for the storage or housing of mechanical or central heating
equipment, as well as accessory off-street parking and loading spaces are not
included as floor area.
FREIGHT OR TRUCK YARD: An area or building where cargo is stored and
where trucks, including tractors and trailer units, load and unload cargo on a
regular basis. The use may include facilities for the temporary storage of loads
prior to shipment. The use also includes truck stops or fueling stations where
diesel fuel is primarily sold.
FUEL SALES: An establishment operated at a fixed location at which vehicle
fuel, lubricants and automotive accessory items are offered for sale but where no
provision is made for the repair, maintenance and storage of vehicles. The selling
of convenience store items is also permitted.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-19
FUNERAL CHAPEL OR MORTUARY: A facility for the storage and cremation of
deceased human bodies, or a building used for the preparation of the deceased
for burial and the display of the deceased and ceremonies connected therewith
before burial or cremation.
GALLERY/MUSEUM: Includes:
a) a commercial establishment engaged in the sale, loan, or display of paintings,
sculpture, textiles, antiquities, or other works of art; or,
b) a permanent facility, open to the public, with or without charge, for the collection
and display of paintings, sculpture, textiles, antiquities, or other works of art.
This type of use is distinct from and does not include libraries.
GARAGE, PRIVATE: An accessory building or portion of a principal building used
by the occupants of the premises upon which it is located for the parking or
temporary storage of private passenger motor vehicles.
GARDEN SUITE: A detached, portable, self-contained dwelling unit intended for
occupancy by an elderly parent or relative of the host household placed on the
site of an existing single-family dwelling, and removed when no longer occupied
by the person it was established for, unless a new written agreement is completed
with Rural Municipal Council.
GOLF COURSE: A tract of land laid out with a course having 9 or more holes for
playing the game of golf. This term does not include mini golf courses nor does it
include driving ranges that are not accessory to a golf course.
GOVERNMENT SERVICES: Government establishments primarily engaged in
providing general support services and information resources, including personnel
services, election boards, income tax, health care and other general
governmental support establishments.
GRADE: When applying to the determination of building or structure height, the
average level of finished ground adjoining a building or structure at all exterior
walls, as determined by the Development Officer.
GRAVEL PIT: An open pit mine used for the removal of sand and gravel
occurring on the surface of land, or that is obtainable from land by stripping off the
overburden and excavating from the surface.
GRAZING AREAS: An outdoor area where livestock are primarily sustained for
part of the year by the direct consumption of feed grown on the area and manure
does not accumulate such that mechanical removal or redistribution is required.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-20
GROUP RESIDENCE: A residence that is licensed to accommodate four (4) or
more persons and up to fifteen (15) persons, exclusive of staff or receiving family,
living under supervision in a single housekeeping unit and who by reason of their
emotional, mental, social or physical condition, or legal status, require group living
arrangement for their well-being. This use includes transitional shelters for
victims of family violence.
GUEST QUARTERS: Living quarters with a maximum of 400 square feet, having
no kitchen facilities, located on the same premises with a main building and
occupied for the sole use of members of the family, temporary guests.
HAZARD LAND: When used in this By-law, land where actual effects of hazards
have occurred, and without limiting the generality of the word, hazard includes but
is not limited to the following:
a) lands that would be flooded by a 200-year flood or the flood of record,
whichever is greater, specified by the applicable provincial authority.
b) erosion or cutting of land due to action of water in an adjacent watercourse or
water body, within a 50-year period;
c) river bank instability or slumping;
d) landslides including mud slides;
e) subsidence; and
f) local ponding due to improper surface drainage.
HAZARDOUS MATERIALS STORAGE: A storage facility for materials that could
pose a hazard to human health or safety. Typical materials may include but are
not exclusive to, anhydrous ammonia, asphalt, explosives, flammable or toxic
goods.
HEALTH INSTITUTE/HOSPITAL: An institution that maintains and operates
facilities for inpatient medical care with overnight stays, including x-ray, laboratory,
and surgical, for the diagnosis, care, and treatment of human illness, injury, and
disease (physical or mental). Inpatient/Outpatient medical care may also be
provided.
HEAVY EQUIPMENT SALES, SERVICE AND RENTAL: A facility that is
engaged in the sales and repair of heavy equipment typically used in agricultural,
commercial or industrial operations, including tractors, trucks with a gross vehicle
weight of over 15,000 pounds, semi-trucks and/or trailers, harvesters, loaders and
tracked vehicles as well as sales of parts, whether new or used, for heavy
equipment.
HOME OCCUPATION: An occupation or activity carried on as an accessory use
incidental to the residential use of the dwelling unit.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-21
HOTEL OR MOTEL: A building or part thereof wherein temporary
accommodation is provided in any individual guest room or suites, with or without
cooking facilities and may include as related uses, but are not limited to,
restaurants, drinking establishments, conference centres and meeting rooms.
This use also includes seasonal lodges and resorts.
HUNTING LODGE: A building designed or used for the accommodation, during
the hunting or fishing seasons, for people who regularly reside in a permanent
dwelling at another location. Not to be used as a permanent residence.
JAIL OR DETENTION CENTRE: A facility operated for the confinement of
persons in lawful detention.
LANDFILL: A permanent facility, either publicly- or privately-owned, operated for
the purpose of disposing of or composting solid waste.
LANDSCAPE/GARDEN CONTRACTOR OR PRODUCTION: A location for the
production of landscape materials, including commercial greenhouses or
nurseries, and the wholesale sale of supplies, plants, trees and landscaping
materials.
LANE: A public roadway where the right-of-way is not over thirty-three (33) feet in
width. (see 'Street' definition).
LIBRARY: A public facility for the use, but not sale, of printed information,
electronic information, and pictorial material.
LIGHT PROOF FENCE: A fence that restricts the transmission of light and/or
sight through its material construction; as a means of screening the contents
and/or activities within a site.
LIVESTOCK: Includes:
a) Cattle, horses, sheep, swine, poultry and bees; or
b) Animals of a kind raised for meat production or products from the animals,
including breeding stock of those animals.
LIVESTOCK AUCTION MART: An enclosure or structure designed or used for
holding livestock for purposes of sale and transfer by auction, consignment, or other
means.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-22
LIVESTOCK OPERATION: 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 a livestock auction mart. This includes any high-density seasonal feeding
areas where manure build-up may occur in excess of crop requirements and
where mechanical removal and spreading of the manure may be required
(including an over-wintering confined site for a cow-calf operation). This does not
include a grazing area (pasture or rangeland) where livestock are primarily
sustained by direct consumption of feed grown on the area.
LIVESTOCK SEASONAL FEEDING AREA: An outdoor area, other than a
feedlot or grazing area, where:
a) livestock are given their supplemental or total feed requirements on a
seasonal basis; and
b) because of its accumulation, manure must be removed from the area by
mechanical means from time to time.
LOADING SPACE: An off-street space or berth on the same site with a building,
or contiguous to a group of buildings for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials, and which has
access to a street, lane, or other appropriate means of access.
MANUFACTURING, HEAVY: A use of land that includes the assembly,
fabrication, and/or processing of goods and materials using processes that
ordinarily have greater than average impacts on the environment, or that
ordinarily have significant impacts on the use and enjoyment of other properties in
terms of noise, smoke, fumes, odours, glare, or health or safety hazards, or that
otherwise do not constitute "light manufacturing," or any use where the area
occupied by outside storage of goods and materials used in the assembly,
fabrication, or processing exceeds 25 percent of the floor area of buildings on the
lot. Typical uses include, but are not limited to battery, chemicals, machinery and
plastics manufacture; mushroom plant; batching plant; packaging plant;
slaughterhouse; rendering plant.
MANUFACTURING, LIGHT: A use of land that includes the assembly,
fabrication, and/or processing of goods and materials using processes that
ordinarily do not create noise, smoke, fumes, odours, glare, or health or safety
hazards outside of the building or lot where such assembly, fabrication, or
processing takes place; where such processes are housed entirely within a
building, and may include an area occupied by outside operations or storage of
goods and materials used in the assembly, fabrication, or processing. Typical
uses include, but are not limited to, electronic equipment assembly and
manufacturing, and assembly from finished products.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-23
METEOROLOGICAL TOWER (MET TOWER): Includes the tower, base plate,
anchors, guy wires and hardware, anemometers (wind speed indicators), wind
direction vanes, booms to hold equipment for anemometers and vanes, data
loggers, instrument wiring, and any telemetry devices that are used to monitor or
transmit wind speed and wind flow characteristics over a period of time for either
instantaneous wind information or to characterize the wind resource at a given
location. For the purpose of this ordinance, met towers shall refer only to those
whose purpose are to analyze the environmental factors needed to assess the
potential to install, construct or erect a wind energy system.
MINI-STORAGE/SELF STORAGE: An enclosed permanent facility that provides
storage space to the general public on a for-hire basis. Mini-warehouses and self-
storage areas may also include vehicle storage for recreational vehicles, boats,
and other vehicles. No other business or service may be allowed to operate out of
a rented storage space. This definition also applies to a use that provides portable
containers for storage.
MOBILE HOME PARK: Any premises which provides serviced spaces for
residential use and designed for the accommodation of two or more mobile
homes for lease or rent.
MOBILE HOME SITE: A zoning site in a mobile home subdivision for the
placement of a mobile home.
MOBILE HOME SUBDIVISION: A parcel of land subdivided to provide individual
sites, under separate title, in accordance with the subdivision approval procedure
under The Planning Act.
MOBILE TRAINING LABS, FOR SCHOOLS: A mobile classroom which is
established at a location on a temporary basis and is not to be setup as a
permanent building or structure.
MODULAR HOME: A single-family dwelling suitable for year-round occupancy
that consists of one or more modules either partially or wholly factory-fabricated
and containing a framework that does not contain wheels or towing tongue. When
transported to a building site, it will be placed on a permanent foundation so as to
be substantially affixed to the site and connected to the required utilities, thereby
making it immobile housing.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-24
NEIGHBOURHOOD REHABILITATION HOME: A building or portion of a building
used for the boarding or other residential accommodation, plus mandatory
supervision or treatment, of up to six (6) persons who are from or discharged from
any penal institution or who are receiving supervision or treatment for alcohol or
other drug addictions, in which supervision or treatment is not provided to any
persons not resident in the rehabilitation home and which does not affect the
residential character of the neighbourhood.
NON-CONFORMING BUILDING OR STRUCTURE: Any lawful building or
structure which does not comply with one or more of the applicable site
requirements on the effective date of this By-law or amendments thereto.
NON-CONFORMING SIGN: Any lawful sign which does not comply with one or
more of the applicable site requirements on the effective date of this By-law or
amendments thereto.
NON-CONFORMING SITE OR PARCEL OF LAND: Any lawful site or parcel of
land which does not comply with the site area, site width or site depth on the
effective date of this By-law, or amendments thereto, and was on record in the
Land Titles Office and in separate ownership prior to the effective date of this By-
law, or amendments thereto, and did not form part of a larger contiguous holding
in the same ownership.
NON-CONFORMING USE: Any lawful use of a building, structure or a parcel of
land, or portion thereof, which does not conform to one or more of the applicable
use requirements of the district in which it is located, either on the effective date
of this By-law or amendments thereto.
NON-CONFORMITY: A parcel of land or site, a building or structure, or a use
which lawfully existed prior to the effective date of this By-law or amendments
thereto, but does not conform to the provisions contained within this By-law or
amendments thereto.
OPEN SPACE: That required portion of a site at ground level, unless otherwise
stated, unoccupied by principal or accessory buildings and available to all
occupants of the building. The open space shall be unobstructed to the sky and
shall not be used for service driveways or accessory off-street parking space or
loading space, but shall be usable for landscaping, drying yards, recreational space
and other leisure activities normally carried on outdoors. To the extent prescribed
in these regulations, balconies, roof and other like above grade level areas may
also be considered as open space.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-25
ORDINARY HIGH WATER LEVEL: The boundary of water basins, watercourses,
public waters, and public waters wetlands and:
a) the ordinary high water level is an elevation delineating the highest water level
that has been maintained for a sufficient period of time to leave evidence upon
the landscape, commonly the point where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial;
b) for watercourses, the ordinary high water level is the elevation of the top of the
bank of the channel; and
c) for reservoirs and flowages, the ordinary high water level is the operating
elevation of the normal summer pool.
OUTSIDE STORAGE: The exterior storage of goods and/or non-hazardous
materials, but not displayed for sale. Storage of materials in a structure with a
roof, but no walls is considered outside storage.
OWNER: A person who appears by the records of the proper land titles office to
have any right, title, estate or interest in land and includes the agent of such
person in possession or occupation of the land with the express or implied
consent of the owner; as defined in The Act.
PARCEL OF LAND: The aggregate of all land described in any manner in a
certificate of title; as defined in The Act.
PARK / PLAYGROUND: The development of public land specifically designed or
reserved for the general public for active or passive recreational use and including
landscaping, facilities, playing fields, buildings, and other structures that are
consistent with the general purposes of public parkland, whether or not such
recreational facilities are publicly operated or operated by other organizations
pursuant to arrangements with the public authority owning the park. Typical uses
include tot lots, band shells, picnic grounds, pedestrian/bicycle paths and
pathways, landscaped buffers, arboretums, botanical gardens, playgrounds,
toboggan slides, skateboard parks, swimming pools, wading pools, and water
features.
PARKING SPACE: A portion of a parking structure or surface lot or zoning site,
excluding vehicle manoeuvring areas such as aisles and driveways, for the
temporary parking or storage of one (1) motor vehicle.
PARKING, STRUCTURE: An enclosed structure or facility where motor vehicles
may be stored for purposes of temporary, daily, or overnight off-street parking as
a principal use. The facility may be above, below, or partially below ground and
includes parking garages and parking decks.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-26
PARKING, SURFACE LOT: An unenclosed area where motor vehicles may be
stored for purposes of temporary, daily, or overnight off-street parking as a
principal use.
PARTITION: An interior non-load bearing wall, one storey or part storey in height.
PARTY WALL: A wall jointly owned and jointly used by two (2) parties under
easement agreement or by right in law, and erected at or upon a line separating
two (2) parcels of land each of which is, or is capable of being, a separate real
estate entity.
PATIO: A surfaced, open space of land, less than 8 inches above grade, adjacent
to a residential dwelling unit which is used as an extension to the interior of the
home for private or semi-private entertainment or leisure activities.
PAWNSHOP: A place where money is loaned on security of personal property
left in pawn and pledged as collateral for the loan.
PERSONAL CARE HOME: A facility, licenced by the Province where lodging and
meals and continuing nursing care or treatment is provided to residents in a
secure environment, 24 hours a day.
PERSONAL SERVICES: An establishment that provides personal services to the
general public and in which any retail sale of merchandise associated with the
service provided is incidental to the provision of services. Typical uses may
include but are not exclusive to spas and salons, cleaning and garment services,
photography services.
PLACE OF WORSHIP: A facility used primarily for non-profit purposes to provide
assembly and meeting areas for religious activities. Typical uses include
churches, temples, synagogues, mosques, chapels, and meeting houses.
PLANNED UNIT DEVELOPMENT: A land development project planned as an
entity in accordance with a unitary site plan, which permits flexibility in siting of
buildings, mix of uses and housing types, usable open spaces and the
preservation of significant natural features.
PLAZA / SQUARE: An open space, usually surrounded by buildings or streets,
that may be improved, landscaped, or paved for passive recreation use. This use
may include amenities such as seating, drinking and ornamental fountains, art,
trees, and landscaping, for use by pedestrians.
POSTAL/CARRIER DEPOT A development where packages, letters and small
freight is collected, sorted and readied for distribution by delivery or pickup.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-27
PREMISES: An area of land, including a site, with or without buildings or
structures.
PRIVATE COMMUNICATIONS FACILITIES: Outdoor equipment and structures,
including freestanding and building-mounted, required for the purposes of
transmitting or receiving television, radio, microwave, radar, laser, or similar
communications signals. These facilities may include, but are not limited to:
antennae, aerials, receiving dishes, transmission beacons, masts and towers.
PRIVATE SWIMMING POOL OR HOT TUB: An accessory structure with a water
depth of greater than two (2) feet, used solely by the occupants of the dwelling, or
their guests.
PROFESSIONAL SERVICES: A building or part of a building in which persons
are employed for the provision of professional services. Typical uses may include
but are not exclusive to medical services (including clinics and laboratories),
dental, optical, and legal. This use does not include a cheque-cashing facility.
PROTECTION AND EMERGENCY SERVICES: A development that is required for
the public protection of persons and property from injury, harm, or damage together
with the incidental storage of equipment and vehicles. Typical uses include police
stations, fire stations, ambulance services, and ancillary training facilities.
PUBLIC UTILITY: Any system, works, plant, equipment or service which furnishes
services and facilities available at approved rates to or for the use of the general
public, including:
a) Communication, by way of telephone, telegraph, wireless or television:
b) Public transportation, by bus or other vehicles;
c) Production, transmission, delivery, or furnishings of water, gas and electricity to
the public at large; and
d) Collection and disposal of sewage, garbage and other waste.
Public utilities include any public works compounds and buildings associated with
the utility.
RADIO / TV / MOTION PICTURE STUDIO: A facility for the production and/or
broadcasting of motion pictures, videos, television programs, radio programs, or
sound recordings. The use may also include facilities for the rehearsal of dance,
music, or other performing arts.
RAILWAY YARD: An area for storing or switching of freight and passenger trains.
Necessary and allowed functions include but are not limited to the switching,
storing, assembling, distributing, consolidating, repairing, weighing, or transferring
of cars, trains, engines, and rolling stock.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-28
RECREATIONAL VEHICLE: A vehicular type portable structure without
permanent foundation, which can be towed, hauled or driven and primarily
designed as temporary living accommodation for recreational, camping and travel
use and including but not limited to travel trailers, truck campers, camping trailers
and self-propelled motor homes.
RECYCLING COLLECTION AREA: A facility that serves as a neighbourhood
drop-off point for temporary storage of recyclable materials. No permanent
storage or processing of such items is allowed.
RECYCLING COLLECTION DEPOT: A facility in which recoverable resources,
such as newspapers, glassware and metal cans, are collected, stored, flattened,
crushed or bundled to be taken to another site for processing. This use does not
include any type of automobile recycling.
RECYCLING PLANT: A facility in which recoverable resources such as
newspapers, glassware, plastics, and metal cans are recycled, reprocessed, and
treated to return such products to a condition in which they can again be used for
production. This facility is not a wrecking yard or a junkyard.
REPAIR: The renewal or reconstruction of any part of an existing structure for the
purpose of its maintenance or restoration.
RESEARCH INSTITUTION: An establishment or facility engaged in scientific
research, product design, development and testing, and limited manufacturing
necessary for the production of prototypes.
RESTAURANT: An establishment primarily engaged in the preparation of food
intended to be sold to the public for consumption within the building or structure or
to be taken off the premises. Restaurants may be licensed by the Government of
Manitoba for the sale of alcohol; however, the sale of alcohol is incidental to the
sale of food. Typical uses may include but are not exclusive to delis, caterers,
bakeries and cafeterias.
RETAIL SALES: A building or part of a building involved in the sale, lease, or rent
of new or used products directly to the general public, or to individuals or
households based on their membership in an association or club, but not including
an auction room, building, landscape and garden supplies, or supermarket. This
use includes facilities whose names indicate that they are warehouse or wholesale
operations, but that in fact conduct more than incidental retail sales.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-29
ROOMING HOUSE: A building, or portion thereof, where tenants have a rental
arrangement with the landlord (who may or may not be an occupant of the house)
to rent an individual bedroom unit (lockable from the outside) and where other areas
(kitchens, sanitary facilities, living areas) are shared with other occupants. Care,
treatment or supervision must not be provided to any resident. This use does not
include boarding arrangements in a private dwelling unit where up to two boarders
may be accommodated in a family living arrangement as an accessory use.
SCHOOL, ELEMENTARY OR JUNIOR HIGH: An accredited school under the
sponsorship of a public, private, or religious agency providing instruction to
students between the kindergarten and senior high school levels and may include
a childcare centre.
SCHOOL, SENIOR HIGH: An accredited school under the sponsorship of a
public, private or religious agency providing instruction to students at the senior
high school level and may include a childcare centre.
SECONDARY SUITE: A self-contained accessory dwelling unit located within a
permanent, single-family dwelling. A secondary suite contains its own entrance,
cooking, sleeping and bathroom, which are separate from and not shared with
those of the principle dwelling. The principle dwelling is to be occupied by the
owner of the property. This use does not include a two-family dwelling.
SETBACK: The distance that a development or a specified portion of it must be
set back from a lot line.
SEXUALLY ORIENTED BUSINESS: A nude studio, love parlour, adult
bookstore, adult movie theatre, adult video store, or other commercial enterprise
the primary business of which is the selling, renting, or exhibiting of devices or
any other items intended to provide sexual stimulation or sexual gratification to
the customer.
SHOOTING RANGE: Any tract or parcel of land that is used for the purpose of
organized outdoor shooting events or practice using any instrument designed for
that purpose; including, but not limited to archery equipment, rifles, shotguns and
pistols.
SHIPPING CONTAINER: A prefabricated metal container or structure having a
floor, ceiling or roof, walls, and door(s) that is specifically designed for storage of
goods and materials while under transport by ship, rail or truck. For the purpose of
this definition, a shipping container does not have wheels and does not include a
motor vehicle or transport trailer.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-30
SIGN: Any writing or picture that is a structure or any part thereof, or is attached
to, painted on or in any other manner represented on or in a building or structure
but shall not include show windows.
SIGN, ADVERTISING/BILLBOARD: A sign which directs attention to a business,
commodity, service, message, or entertainment conducted, sold, or offered
elsewhere than upon the same zoning site on which that sign is located.
SIGN, BUSINESS: A sign directing attention to a business, commodity, service,
message or entertainment conducted, sold, or offered on the same zoning site as
where the sign is maintained.
SIGN, FASCIA OR WALL: Any permanent sign attached against the surface of,
or against or within a recess in the wall, a column or other perpendicular portion
of a building in a position essentially parallel to said wall, column or other
perpendicular portion. A fascia sign shall also mean any sign attached to the
walls of two (2) or more buildings and spanning the space between said buildings.
SIGN, FLASHING: An illuminated sign on which artificial light is not maintained
constant in intensity and colour at all times when such sign is in use.
SIGN, FREE STANDING: A permanent sign supported by a vertical column or
columns placed in the ground with the sign surface area above ground level.
SIGN, IDENTIFICATION: A sign that identifies the owner, resident, business or
the street address and which set forth no other advertisement or business
information.
SIGN, ILLUMINATED: A sign designed to give forth any artificial light or reflect
light from an artificial source.
SIGN, MOBILE: A sign structure mounted on a trailer, vehicle, stand or similar
support structure which is designed in such a manner that the sign can be readily
relocated to another location, and which may include copy that can be changed
through the use of removable characters or panels.
SIGN, READER BOARD: An illuminated sign with interchangeable messages or
advertising displayed on continual basis on an LED (light emitting diode) screen.
SIGN, TEMPORARY: A sign identifying temporary activities including,
construction project signs and real estate signs advertising and located at a
specific premises.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-31
SIGN SURFACE AREA: The area enclosing the limits of writing and picture
excluding the necessary supports or uprights on which it is placed. Where a sign
has two (2) or more faces, the area of all faces shall be included in determining
the area of the sign unless the faces are less than three (3) feet apart in which
case only the area of the larger face shall be used.
SITE: A zoning site, unless provided for elsewhere herein, that has frontage on a
street and is of at least sufficient size to fulfill the minimum requirements for area,
dimensions and yards.
SITE AREA: The computed area contained within the site lines.
SITE COVERAGE: That part of a site occupied by buildings, including accessory
buildings, expressed as a percentage of the site area.
SITE DIMENSIONS:
a)
Site Depth: The vertical distance between the centre points in the front and
rear site lines.
b)
Site Width: The horizontal distance between the side site lines, measured at
right angles to the site depth at a point halfway between the front and rear
site lines, or forty (40) feet from the front site line, whichever is the lesser.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-32
SITE LINES:
a)
Front Site Line: That boundary of a site which is along an existing or
designated street.
b)
Rear Site Line: That boundary of a site which is most nearly parallel to the
front site line.
c)
Side Site Line: Any boundary of a site which is not a front or rear site line.
d)
Irregular Site Line: Where an irregular shaped site cannot have its site
lines defined by the foregoing definitions, the front, rear and side site lines
shall be determined by the Development Officer.
SITE REQUIREMENTS:
a)
The size (including height of building and floor area), of buildings or
structures;
b)
The area of the zoning site upon which a building is located, and the number
of dwelling units or rooms within such building in relation to the area of the
zoning site;
c)
The location of exterior walls of buildings in relation to site lines, to other
walls of the same building, to legally required windows, or to other buildings;
and
d)
All open areas relating to buildings or structures and their relationships
thereto.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-33
SITE TYPES:
a)
Corner Site: A site situated at the intersection of two (2) streets, the interior
angle of such intersection not exceeding 135 degrees.
b)
Key Site: The first site to the rear of a reverse corner site.
c)
Reverse Corner Site: A corner site where the side site line adjacent to the
street is a continuation of the front site line of the first site to its rear (key
site).
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-34
d)
Through Site: A site having a pair of opposite site lines along two (2) more
or less parallel streets. The front site line shall be determined by the
Development Officer.
SITE, ZONING: A parcel of land with frontage on a street (excluding a lane) and
of at least sufficient size to provide the minimum requirements for use, area,
yards, and other open spaces as are herein required.
SMALL WIND ENERGY GENERATING SYSTEM: A wind energy generating
system which has a rated capacity of up to 300 kW and which primarily provides
power to an on-site user rather than for resale. Small wind energy generating
systems can be freestanding or roof-top mounted.
SOLAR COLLECTOR: A panel or other solar energy device, the primary purpose
of which is to provide for the collection, inversion, storage and distribution of solar
energy for electricity generation, space heating, space cooling or water heating.
STACKING SPACE: A space in a lane or area that is specifically designated for
vehicles to queue or wait in while utilizing drive-up or drive-through services or at
vehicular-oriented uses, such as car washes.
STOREY: The portion of any building which is situated between the top of any
floor and the top of the floor next above it; and if there is no floor above it, that
portion between the top of such floor and the ceiling above it, but does not include
a cellar. A basement shall be counted as a storey for the purpose of height
measurement if the vertical distance between the ceiling and the average finished
level of the adjoining ground is more than six (6) feet.
STOREY, FIRST: The storey with its floor closest to grade and having its ceiling
more than six feet above grade.
STOREY, SECOND: The storey located immediately above the first storey.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-35
STREET: Any public roadway where the right-of-way is over 33 feet.
(see 'Lane' definition)
STRUCTURE: Anything constructed or erected which requires location on the
ground or is attached to something having a location on the ground.
TOTAL TURBINE HEIGHT: The height from finished grade to the highest vertical
point of the swept rotor arc, in the case of a wind turbine with a horizontal axis rotor.
TOWER: A tall framework or structure of unusually great height in proportion to its
width and depth used for observation, signalling, communications, etc.
TOWING AND STORAGE FACILITY: A commercial establishment engaged in
towing of vehicles or equipment from one location to another. Such facilities may
also include an indoor storage component for such vehicles or equipment, but
may not include junked, salvage, or permanently inoperable vehicles or
equipment.
VARIANCE OR VARIATION: A modification of the literal provisions of the By-law
granted when strict enforcement of the By-law will cause undue hardship owing to
circumstances unique to the individual property on which the variance is granted.
VEHICLE REPAIR AND SERVICE: An establishment involved in the repair and
maintenance of automobiles, light trucks, motorcycles, recreational vehicles and
similar vehicles. Services include engine, transmission, or differential repair or
replacement; body work; upholstery work; painting; engine tune-ups; oil change
and lubrication; brake repair shop; tire store; detailing and polishing, and
associated repairs. Vehicle parts ordinarily installed on the premises may be sold.
VEHICLE SALES AND RENTAL: Premises used for the display, sale, lease or
rental of new or used automobiles, light trucks, motorcycles, recreational vehicles,
camper and travel trailers, boats, boat and utility trailers, and similar vehicles.
Where repairs are made they shall be done within a completely enclosed building,
except minor incidental repairs. Accessory vehicle inventory may be stored
outside on the same zoning site. This use does not include wrecking or salvage
operations. Light trucks include those with a gross vehicle weight of 10,000
pounds or less (does not include mobile homes or heavy equipment).
WAREHOUSE: A permanent facility for the storage of products, supplies, and
equipment within an enclosed building. This use does not include hazardous
materials storage.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-36
WHOLESALING: A facility where goods are distributed or sold to retailers, to
industrial, commercial, or institutional users, or to other wholesalers, for resale or
redistribution, but where goods are not sold to the public or to individuals or
households based on their membership in an association or club.
WIND ENERGY GENERATING SYSTEM (WEGS): A structure that converts
wind energy to electrical energy, including but not limited to a wind charger or
wind turbine. A publicly-operated WEGS may include one (1) or more structures
that individually or collectively produce more than a total of 150 Kilowatts (150
KW) based upon the nameplate rating capacity, and that are connected to the
provincial or local electrical transmission grid for commercial purposes and
includes the associated transformers and power transmission lines.
WIND TURBINE: A structure designed to convert wind energy into mechanical or
electrical energy as a utility and includes the wind turbine tower, rotor blades and
nacelle.
WRECKING AND SALVAGE YARD: Any lot upon which two (2) or more motor
vehicles of any kind, which are incapable of being operated due to condition or
lack of license or registration, have been placed for the purpose of obtaining parts
for recycling or resale. Building materials, scrap metal, or any other kind of
salvage are also be included in this definition.
YARD, REQUIRED: An open area, on the same site as a building or structure,
which is unoccupied and unobstructed from its lowest level to the sky, except as
otherwise permitted herein. A required yard extends along a site line to a depth or
width (measured from the site line) specified in the yard requirement for the
district in which it is located.
YARD, REQUIRED, FRONT: A yard extending along the full length of the front
site line between the side site lines.
YARD, REQUIRED, REAR: A yard extending along the full length of the rear site
line between the side site lines.
Purpose and Intent
Rural Municipality of Portage la Prairie
Zoning By-law 3182
1-37
YARD, REQUIRED, SIDE: A yard extending along the side site line from the
required front yard to the required rear yard.
Administration and Enforcement
Rural Municipality of Portage la Prairie
Zoning By-law 3182
2-1
PART 2 ADMINISTRATION AND ENFORCEMENT
2.1 ADMINISTRATION
In the administration of this By-law the municipality authorizes and directs the
Portage la Prairie Planning District to proceed under this PART.
2.2 RESPONSIBILITIES OF COUNCIL
Subject to the provisions of The Act, the Council is responsible for:
(1) Enacting this By-law;
(2) Considering the adoption or rejection of proposed amendments or the repeal
of this By-law;
(3) Acting as a Variation Board;
(4) Approving or rejecting conditional use applications and revoking approved
applications as provided for in The Act;
2.3 RESPONSIBILITIES OF THE OWNER
(1) Neither the granting of a development permit nor the approval of the drawing
and specifications nor the inspections made by the appointed officer shall in
any way relieve the owner of the responsibility of complying with the
requirements of this By-law or of any relevant By-laws of the Municipality.
(2) Every owner shall:
a)
Be responsible for obtaining, where applicable from the appropriate
authorities, permits or licenses relating to the buildings, grades, sewer
or water supply systems, plumbing, signs, blasting, street, occupancy,
electrical, highways, and all other permits required in connection with
the proposed work.
b)
Obtain the written approval of the appointed officer before doing any
work that varies from the approved permit.
c)
Permit the appointed officer to enter any building or premises at any
reasonable time for the purpose of administering or enforcing this
By-law and shall not obstruct or interfere with the appointed officer in
the discharge of duties under this By-law.
Administration and Enforcement
Rural Municipality of Portage la Prairie
Zoning By-law 3182
2-2
2.4 RESPONSIBILITIES OF THE DEVELOPMENT OFFICER
(1) Duties
a)
Issue development permits in accordance with the provisions of this
By-law; and
b)
Allow or refuse such minor variations to the requirements of this By-law
as authorized by and in accordance with the provisions of The Act.
(2) Responsibilities
a)
Administering and enforcing the provisions of this By-law;
b)
Administering and enforcing the applicable provisions of The Act; and
c)
Taking no action on any application until all applicable fees and charges
have been paid in full.
(3) Powers
a)
Issue a development permit where the development of land, buildings or
structures conforms to the adopted Development Plan, and the
requirements of this By-law and amendments thereto, subject to the
provisions of subsection (4);
b)
Enter any buildings or premises at all reasonable hours in the
performance of his duties with respect to this By-law;
c)
Issue development permits for the temporary use of buildings, structures
or land pursuant to the provisions of this By-law; and
d)
Issue zoning memoranda or such other documents necessary for the
administration and enforcement of this By-law.
(4) Approval of Permits
The Development Officer shall withhold approving or reject an application for a
development permit:
a)
As provided for in The Act;
b) Which would result in a violation of this By-law or any other By-law of the
Municipality; or
c) For any person who has failed to pay any fees due under this or any
other By-law.
2.5 DEVELOPMENT PERMIT INFORMATION
(1) No person shall use or occupy any land, building or structure, or erect,
construct, enlarge, alter, place, or relocate any building or structure, except
in accordance with an approved development permit (where required), and
with this By-law.
Administration and Enforcement
Rural Municipality of Portage la Prairie
Zoning By-law 3182
2-3
(2) A development permit is required for any the following:
(a) The erection, construction, placement, relocation or demolition of any
building or structure, with the exception of those structures described in
subsection 2.5 (4);
(b) The enlargement, structural alteration or conversion of any building,
structure or use;
(c) The establishment of a use or change of use of any land, building or
structure;
(d) The construction of enclosed decks and patios;
(e) The installation of specialized machinery and equipment, such as air
handling systems, small wind energy generating systems, solar
collectors; and
(f)
Gravel pits.
(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 approvals and similar approvals.
(4) A development permit is not required for the following:
a)
The erection, construction, enlargement, structural alteration or placing
of the following as accessory structures:
i.
The installation of fences, walls, or similar means of enclosure,
ii.
Lighting,
iii.
Flagpoles,
iv.
Accessory detached buildings and structures, as permitted in this
By-law, less than 108 square feet;
v.
Communications aerials or antennas,
vi.
Water supply wells and private sewage disposal systems,
vii.
Unenclosed patios, and
viii.
Identification signs and temporary signs and notices, including real
estate signs, posters and legal notices, as per section 10.19.
Administration and Enforcement
Rural Municipality of Portage la Prairie
Zoning By-law 3182
2-4
b) 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.
(5) Despite not requiring a development permit, all items specified in 2.5 (4)
shall be subject to the requirements of this By-law and any other By-law of
the Municipality.
(6) In addition to the requirements of any By-law of the Municipality or any other
provincial regulations, all applications for development permits shall be:
a)
Made by the owner or owners of the site in question, or by a
representative authorized in writing by them;
b)
Accompanied by plans drawn to scale showing the following:
i.
The shape and dimensions of the site to be used or built on;
ii.
The location and dimensions of existing buildings and structures;
iii.
The location and dimensions of the proposed building, structure,
enlargement or alteration, including separation distances from site
boundaries;
iv.
The use or uses of each existing and proposed building and
structure, or of the land, and the area to be occupied by each use;
v.
Vehicular access and utility connections; and
vi.
Other information, as may be required by the Development
Officer, to determine compliance with and to provide for
enforcement of, this By-law
c)
Accompanied by the fee prescribed by the Portage la Prairie Planning
District.
2.6 AMENDMENTS
(1) 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 representative authorized in writing by them.
(2) 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;
Administration and Enforcement
Rural Municipality of Portage la Prairie
Zoning By-law 3182
2-5
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
e) Any other information required by the Development Officer to determine
compliance with, and to provide for enforcement of, this By-law.
(3) An application for an amendment shall be accompanied by the fee prescribed
by the Portage la Prairie Planning District.
(4) Following such consultation, review and report (if any) as the Portage la
Prairie Planning District deems necessary, the application shall be submitted
to the Planning District, which shall decide whether or not to start the
procedures for enactment of an amendment.
2.7 DEVELOPMENT AGREEMENTS
Where an application is made for the amendment of this By-law, the Council may
require the owner or the person entitled to be registered as owner of the parcel of
land, building or structure to which the amendment shall apply, as a condition to
its enactment, to enter into a development agreement with the Municipality. The
provisions of said agreement shall be in accordance with The Act.
2.8 CONDITIONAL USES
(1) The development and execution of this By-law is based upon the division of
the Rural Municipality into zones, within which zones the use of land and
buildings and structures in relation to the land are substantially compatible.
It is recognized, however, that there are certain uses deemed conditional
uses which, because of their unique characteristics cannot properly be
classified in any particular zone or zones without consideration, in each
case, of the impact of those uses upon neighbouring land and of the public
need for the particular use at the particular location.
(2) Any owner may apply for a conditional use in accordance with this section
and with the provisions of The Act.
(3) Existing conditional use
a)
Where a use is classified as a conditional use under this By-law, or
amendments thereto, and exists as a legal use at the date of the adoption
of an amendment to this By-law it shall be considered as a legally existing
conditional use.
b)
Any change on a conditional use shall be subject to the provisions of this
section and the appropriate provisions of The Act.
(4) An application for a conditional use and all required information and fees
shall be made to the Portage la Prairie Planning District.
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2.9 VARIATIONS
(1) Any owner may apply for a variation order, in accordance with the provisions
of The Act.
(2) An application for a variation order and all required information and fees
shall be made to the Portage la Prairie Planning District.
2.10 EXISTING USES PERMITTED
(1) Existing Uses
All buildings and structures, parcels of land, and uses of land that lawfully existed
before the enactment of this zoning by-law are deemed to conform to the site
and use requirements of the zone in which the buildings and structures, parcel
of land or use of land are situated. Any expansion, addition, relocation or
reconstruction of the said buildings and structures or change in use shall
conform to the site and use requirements of the zone in which they are located
unless varied by a variance order.
(2) Permitted Uses
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. Uses similar in nature to a listed permitted or a
conditional use may be deemed as like uses for the purposes of this By-law
by variation order of Council upon the review of a report by the Portage la
Prairie Planning District requesting a determination for a use not listed in the
bulk table of the applicable zone.
2.11 NON-CONFORMITY
(1) Non-Conforming Uses, Buildings and Structures
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
legal non-conforming use, building or structure, and shall be subject to the
provisions of The Act governing non-conformities.
a)
A legal non-conforming use shall be allowed to continue to exist, and
may be changed to a permitted use;
b)
A legal non-conforming use shall not be intensified, and shall not be
changed to a different non-conforming use;
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c)
A non-conforming use shall not be re-established if it is discontinued for
a period in excess of twelve (12) consecutive months. 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 Act governing legal non-conforming uses,
buildings and structures, including a provision, which enable Council to
consider variation orders in situations where non-conformities are
proposed to be enlarged or expanded.
(2) Accessory Uses
A use that is accessory to a principal non-conforming use may continue as
long as the principal use exists.
(3) Alterations
Pursuant to The Act, a structural alteration may be made to a
non-conforming building or structure, provided that the said structural
alteration conforms to the requirements of this By-law, or that such
requirements are varied by a variation order.
Incidental alterations that do not increase the non-conformity and otherwise
conforms to this by-law may be made to an existing building that does not
conform to the zoning by-law, pursuant to The Act.
(4) Repair or Building
Pursuant to The Act, where a building or structure is damaged or destroyed
more than fifty (50%) percent of its replacement value above its foundation,
the said building or structure shall not be repaired or rebuilt, except in
conformance with this By-law or its amendments, or where such
requirements are varied by a variation order.
(5) Non-Conforming Parcel
No building or structure may be erected on a non-conforming parcel of land
unless:
a)
The required yards are provided as set forth in the Site Requirement
Table of the zone in which the parcel of land is located; or
b)
A variation order for such yard requirements is granted.
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(6) Non-Conforming Sign
A non-conforming sign shall be subject to all the provisions of this PART
relating to non-conformity, except as provided hereafter:
a)
A change in the subject matter represented on a sign shall not be
considered a change of use; and
b)
A non-conforming sign may be structurally altered, reconstructed, or
replaced in the same location and position provided that such structural
alteration, reconstruction, or replacement does not result in:
i.
the creation of a new non-conformity or increase in the degree of
non-conformity; or
ii.
an increase in the sign surface area; or
iii.
an increase in the degree of illumination
(7) Certificate and Fees
Any fees shall be paid to the Development Officer for the issuance of a
certificate of non-conformity as provided in The Act.
2.12 SITE REDUCED
A site area or site width or required yard reduced below the minimum requirements
of this By-law by virtue of a public works, street or public utility, as set out under The
Act or as approved by Council through the subdivision Approval process, shall be
deemed to conform to the requirements of this By-law.
2.13 FEE SCHEDULE
Portage la Prairie Planning District shall, by By-law, establish a fee schedule for
zoning amendments, zoning memoranda, conditional use orders, non-conforming
certificates, development permits, building permits and other appropriate
documents.
2.14 ORDER TO REMEDY CONTRAVENTION
If the Development Officer finds that a person is contravening this By-law, The
Planning Act, or any other Act or by-law, 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.
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PART 3
GENERAL DEVELOPMENT STANDARDS
3.1 REGULATION OF USES
(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) 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.
(3) 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 an appropriate
permit, and provided that the use, building or structure complies with all
requirements of this By-law.
3.2 NUMBER OF DWELLING UNITS
No person may be issued a development permit to construct more than one (1)
dwelling unit or mobile home on a parcel of land, unless permitted to do so
elsewhere under this By-law.
3.3 PUBLIC UTILITIES, TRANSMISSION LINES AND WIND
ENERGY
(1) 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 operated by a
public utility shall be subject to the provisions of this By-law.
(2) Oil and gas pipelines, electric transmission lines and structures are deemed
to be in compliance with this By-law if they are carried out, constructed and
operated in accordance with federal and provincial law; and
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(3) Wind Energy Generating Systems (WEGS) are deemed to be in compliance
with this By-law if they are carried out in accordance with the environmental
license, approval of site locations, and the yard setback distances of the
Districts in which they may be located under this By-law.
3.4 HEIGHT EXCEPTIONS
The provisions of this By-law shall not apply to limit the height of any ornamental
dome, chimney, tower, electrical or telephone transmission line, television or radio
mast, steeple, water storage tank, electrical apparatus or the mechanical
operation of a building provided that no roof structure or any space above the
height limit shall be permitted for the purpose of providing useable floor space.
These height exceptions do not apply for the area around Southport airport as
described in 3.22 (6) a).
3.5 PARTY WALLS
(1) A building divided into units of residential, commercial or industrial uses may
be subdivided along vertical party walls to permit the sale of individual units.
(2) The applicable side yard bulk requirements shall be considered fulfilled for
those side site lines contained within the party walls.
3.6 MULTIPLE USES OR PROVISIONS
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.
3.7 ACCESSORY BUILDINGS, USES AND STRUCTURES
(1) No accessory use shall be established, and no accessory building or
structure shall be constructed or erected on any zoning site, prior to the
establishment of the use of land, building or structure to which it is
accessory.
(2) Notwithstanding 3.7 (1) above, 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 principal building, provided that
an appropriate permit has been obtained for the principal building.
(3) 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 Part 2, if the accessory building or
structure contributes significantly to an intensification or expansion of the
conditional use.
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(4) Accessory buildings and structures, except as otherwise regulated in this By-
law, shall be subject to the following regulations:
a)
Where an accessory building or structure is attached to a principal
building or structure, it shall be subject to and shall conform to, all
regulations of this By-law applicable to the principal building or
structure;
b)
Where an accessory building or structure is detached from the principal
building or structure, it shall be subject to, and shall conform to, all
regulations of this By-law applicable to accessory buildings or
structures;
c)
Detached accessory buildings or structures shall not be located in any
front yard of the principal use, building or structure, except as provided
for elsewhere herein;
d)
In no instance shall an accessory building or structure be located within
a dedicated easement right-of-way; and
e)
An accessory building or structure shall not be used as a dwelling,
except where otherwise permitted in this By-law.
3.7.1 Accessory Buildings, Uses and Structures for Respective
Uses
(1) The following accessory buildings, uses and structures are allowed
for all permitted or conditional principal uses, as per section 3.7 and
the Bulk Table requirements of the respective zone:
a) Incinerators and individual sewage disposal systems, subject to
the authority having jurisdiction;
b) Private communications facilities;
c) Private, small wind energy systems and solar collectors, as
regulated in 10.16 and 10.17;
d) Garages, storage buildings and such other accessory buildings;
e) Accessory signs, as permitted and regulated in 10.19;
f) Accessory, off-street parking, as regulated in section 3.25.
(2) In addition to 3.7.1(1) above, the following accessory buildings,
structures and uses are allowed for permitted or conditional principal
dwellings, as per section 3.7 and the Bulk Table requirements of the
respective zone:
a) A children's playhouse or play structure;
b) A private swimming pool or hot tub, as per section 10.11;
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c) A private garage, carport, covered patio or gazebo, tool house,
shed, docks and other similar buildings for storage of domestic
equipment and supplies;
d) Home occupations, as regulated in section 10.2;
e) Childcare, Home-Based, as regulated in section 10.1;
(3) In addition to 3.7.1(1) above, the following accessory buildings,
structures and uses are allowed for permitted or conditional principal
agricultural operations, as per section 3.7 and the Bulk Table
requirements of the respective zone:
a) A farmstead;
b) Dwelling, Staff/caretaker;
c) Farm buildings or structures for the operation and maintenance of
an agricultural activity;
d) Storage of goods used in or produced by agricultural activities on
the same site with such activities, unless such storage is excluded
by the zone regulations;
e) Airstrips and related storage facilities which are necessary to the
farm operation. These strips may be subject to Transport Canada
requirements.
(4) In addition to 3.7.1(1) above, the following accessory buildings,
structures and uses are allowed outright for permitted or conditional,
principal non-residential uses, as per section 3.7 and the Bulk Table
requirements of the respective zone:
a) The production, processing, cleaning, servicing, altering, testing,
repair or storage of goods or a building or structure so used,
normally incidental to and conducted by the same owner as the
principal use.
b) A retail or commercial use which is incidental to a permitted or
approved industrial conditional [AM B/L #3195] use.
c) Buildings and structures for the operation, maintenance and
administration of, or accessory to, park and recreation uses.
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3.8 TEMPORARY BUILDINGS AND USES
(1) Temporary buildings, structures or uses may be allowed on a non-
permanent basis subject to the issuance of a development permit under the
following conditions:
a)
A development permit for a temporary building, structure or use shall be
subject to such terms and conditions as required by Council;
b)
Each development permit issued for a temporary building, structure or
use shall be valid for a period of not more than one (1) year and may not
be renewed for more than two (2) successive one (1)-year periods at the
same location.
(2) Development permits for temporary buildings, structures and uses
associated with the construction and development of the site of their
location, or a nearby site, may only be issued 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.
(3) As an exception to subsection 3.8 (1), a development permit for a
Temporary Concrete or Asphalt Batch Plant is not required.
3.9 COMPLIANCE WITH BULK REQUIREMENTS
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 Part.
3.10 REQUIRED YARDS
The following provisions shall apply in all zones to ensure adequate site and yard
requirements, unless approved otherwise:
(1) Where a site is occupied for an approved or permitted use in a zone and has
no buildings or structures thereon, the required yards for the zone within which
it is located shall be provided and maintained.
(2) It shall be a continuing obligation of the owner to maintain the minimum site
requirements, yards and other open spaces required herein for any use so
long as it remains in existence.
(3) No building or structure shall be enlarged or reconstructed and no site shall be
reduced in area or created, if such enlargement, reconstruction, reduction or
creation will result in the violation of any provisions of this By-law.
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(4) Yards and site dimensions provided for a building, structure or use existing on
the effective date of this By-law or amendments thereto shall not be reduced if
already equal to or less than the minimum requirements of this By-law.
(5) No yard or other open space surrounding a building, structure or use in
existence, or provided under the provisions of this By-law, shall be considered
as providing a yard or open space for any other building, structure, use or site.
3.11 OPEN SPACE ALONG RURAL ROADWAYS
Areas adjacent to rural intersecting 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 areas which are zoned "AG"
Agricultural General Zone, 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:
(1) 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;
(2) No excavation such as a dugout or gravel pit shall be located within the
required yard;
(3) No substantial planting, such as a shelterbelt or hedge exceeding a height of 3
feet shall be located within the required yard; and
(4) No substantial stockpiling of materials, such as soil, gravel, bales or cordwood
shall be located within the required yard.
3.12 CORNER RESTRICTED AREA
In order to provide for good visibility conditions at street intersections, in all areas
except in 'AG' Agricultural General zone and 'AL' Agricultural Limited zone, no
building, structure, shelterbelt, hedge or stockpiling of materials exceeding a
height of 3 feet above grade shall be located within the restricted area, as defined
in Part 1.
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3.13 PROJECTIONS INTO YARDS
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:
(1) Open, unenclosed projections of a building, including eaves, awnings, stairs,
landings, wing-walls, raised decks and balconies, may project into a required
side or rear yard not more than 12.5 feet, provided a required side yard is
not reduced to less than 3 feet;
(2) 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;
(3) 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;
(4) 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
(5) Portable buildings not exceeding 108 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 2 feet is
maintained from the site line, and a separation distance of 3 feet is
maintained from any dwelling.
3.14 DOUBLE FRONTAGE SITES
Within the "GD" General Development Zone, the following provisions apply to a
through site, as defined in PART 1:
(1) 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
(2) 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. S,
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3.15 FLOOD RISK AREAS AND HAZARD LANDS
(1) Development of lands within Flood Risk Areas, as defined in the Portage la
Prairie Planning District Development Plan (Policy 5.1 and Reference Map
2), shall be subject to the approval of Council, with or without conditions, and
referred to the applicable provincial authority for review (as per Development
Plan Policy 5.3).
(2) No habitable buildings or structures, or major business or farm buildings
shall be built in Flood Risk Areas, unless the owner provides sufficient
information prepared by a qualified consultant, to demonstrate compliance
with the provisions of the Portage la Prairie Planning District Development
Plan.
(3) In areas where the specific flood hazard has not been defined, permanent
structures shall have a geodetic flood protection elevation determined by the
developer's qualified consultant.
(4) Where development is proposed in an area which in the opinion of the
Development Officer, may be subject to ponding due to snowmelt or heavy
rainfall events, the owner may be required to provide additional measures,
including the provision of sufficient fill around the building, to provide an
additional measure of protection from flood damage.
(5) As per Development Plan Policy 5.4, 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 by a qualified
Geotechnical consultant and to the satisfaction of council that proper
measures will be taken to deal with the unsuitability or hazard.
3.16 HIGH WATER TABLE AREAS
Groundwater conditions are highly variable throughout the municipality and the
groundwater table may be very close to the surface. It is the owner's
responsibility to provide sufficient measures in the design of the building to
adequately protect basements from groundwater infiltration.
3.17 SITE REDUCED BY ROAD WIDENING
A site area or site width or required yard reduced below the minimum
requirements of this By-law by virtue of a public works, street or public utility, as
set out under The Act or as approved by Council through the subdivision Approval
process, shall be deemed to conform to the requirements of this By-law.
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3.18 ROAD ACCESS
No permanent building may be constructed or placed on a site, which does not
have legal access to an approved public road.
3.19 WATER AND WASTEWATER FACILITIES
(1) Uses that require private waste disposal systems must have a minimum site
area, as determined by the applicable provincial authority.
(2) Where a site is served by municipal piped sewer and water, no permanent
principal building shall be constructed or placed unless it is connected to
such services.
(3) In cases where municipal piped sewer and water distribution is introduced
into an area where unserviced development already exists, such
development is required to connect to these distribution systems within time
frames established by Council.
3.20 PUBLIC MONUMENTS AND CAIRNS
Nothing in this By-law shall be so interpreted as to interfere with the
establishment or public monuments and cairns.
3.21 KEEPING OF ANIMALS
(1) Household pets are permitted in all zones.
(2) The keeping of livestock and animals other than household pets is only
permitted in the AG and AL zones. Refer to Part 8 for requirements on
keeping livestock and section 10.9 for animal keeping less than 10 AUs.
3.22 SPECIAL DEVELOPMENT RESTRICTIONS
(1) No dwelling or mobile home or other habitable building shall be constructed
or located within 1,500 feet of the site of any municipal sewage lagoon or
solid waste disposal site.
(2) No dwelling or mobile home or other habitable building shall be constructed
or located within 2,640 feet of the site of an anhydrous ammonia storage
tank or a farm bulk chemical supply facility.
(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.
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(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) 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 applicable provincial authority,
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.
(6) Southport Airport
a)
Building Restrictions: No person may place, erect or construct, or
permit to be placed, erected or constructed, on any of the lands, a
building, structure or object, or an addition to an existing building,
structure or object, any part of which would be at a height more than 50
feet within a circle with a radius of 5,280 feet (1 mile) or be a height more
than 100 feet within a circle with a radius of between 5,280 feet (1 mile)
and 13,200 feet (2.5 miles) referenced from center point of runway as
determined by Southport Airport (4954'11.17"N, 9816'26.02"W) with
input from Southport Aerospace that said building, structure or object will
not interfere with Airport approach or transitional surfaces.
b)
Development within the 30 NEF Contour Line of the Airport:
Residential development within or above the 30 Noise Exposure Forecast
(NEF) contour line, as defined in the "Southport Airport Land Use Plan" as
amended from time to time, shall only be permitted after consultation with
Southport Airport and implementation of appropriate noise reduction
measures with appropriate acoustic features considered in the design for
the development. The Rural Municipality of Portage la Prairie may require
a noise impact assessment to be carried out before any permits are issued
for any development between the 30 and 35 NEF contour lines. No
Development shall occur above 35 NEF contour line unless Airport related.
c)
Interference with Communication: No person may use or develop any of
the lands within a circle with a radius of 13,200 feet (2.5 miles) centered on
Southport Airport in a manner that causes interference with any signal or
communication to and from an aircraft or to and from any facility used to
provide services relating to aeronautics.
d)
Natural Growth: No person may permit any object of natural growth that is
on any of the lands to grow in such a manner as to penetrate any approach
surface or transitional surface within a circle with a radius of 3,280 feet (.62
miles) centered on Southport Airport.
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e)
Wildlife Hazard: No person may use any of the lands for activities or uses,
on a regular basis, that may attract fowl so as to create a hazard for
aviation safety within a circle with a radius of 13,200 feet (2.5 miles)
centered on the Southport Airport.
"Southport Airport Land Use Plan" is to be forwarded to the Rural
Municipality of Portage la Prairie and the Portage la Prairie Planning District
along with any amendments or alterations now and in the future.
3.23 HAZARDOUS MATERIALS STORAGE
No bulk farm chemical supply warehouse, inland grain terminal, bulk fuel or
fertilizer storage or anhydrous ammonia storage container shall be located within:
(1) 2640 feet from a building used for human occupancy;
(2) 2640 feet from a "GD" General Development Zone or incorporated
community; and
(3) 330 feet from a municipal road or provincial highway.
3.24 TREE CLEARING
(1) The clearing of any natural stand of trees of 10 acres or more requires the
approval of Council. The intention of this requirement is that sufficient tree
cover should be left to provide erosion protection or alternatively new
shelterbelts are established.
(2) The removal or clearing of trees within 300 feet of the ordinary high-water
mark of natural running water bodies will require approval by Council.
3.25 ACCESSORY OFF-STREET PARKING AND LOADING
(1) Parking space requirements for accessory, off-street parking are as listed in
the applicable Use Table for the zone the use is located in.
(2) All accessory off-street parking and loading areas and spaces shall be on
the same site as the use served, unless a variation order is approved for
parking spaces located elsewhere or on a site that the owner of the
premises being served has a continuing right to use for parking. When the
required off-street parking spaces are not located on the same site being
served, the distance from the parking lot to an entrance to the building or
use shall not exceed 300 feet in distance, measured along the shortest
available pedestrian route with public access.
(3) If the calculation of the required parking spaces results in a fraction, the
required parking spaces shall be the next higher whole number.
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(4) When a building is enlarged or a use extended or changed, the accessory
parking and loading requirements for the enlargement, extension, or new
use shall be provided in accordance with the requirements of this section
and those of the zone in which the building or use is located.
(5) Each parking space shall have a vertical clearance of at least 7 feet from the
floor or grade.
(6) An accessory off-street parking space shall be 9 feet wide and 20 feet long.
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PART 4 RESIDENTIAL ZONES
4.1 TYPE AND INTENT OF RESIDENTIAL ZONES
"RMH" RESIDENTIAL MOBILE HOME ZONE
Provide development areas for mobile home subdivisions within the municipality at
locations which will not impact agricultural land uses, will not represent a transition
to urban uses or create a demand for urban infrastructure, and can be sustained by
private services, that have no net costs to the Municipality or the School Division in
the maintenance of existing infrastructure or services and where the local
environmental conditions can sustain the use. As per Development Plan Policies
19.1 and 19.2, new mobile home development will be limited to the urban areas of
the municipality.
"RR" RESIDENTIAL RURAL ZONE
Provide development areas for non-farm, rural residential uses on larger lots within
the municipality at locations which will not impact agricultural land uses, not
represent a transition to urban uses or create a demand for urban infrastructure.
This use shall be sustained by appropriate private services, have no net costs to the
Municipality or the School Division in the maintenance of existing infrastructure or
services and be located where the local environmental conditions can sustain the
use.
"RS" RESIDENTIAL SEASONAL ZONE
The "RS" Residential Seasonal Zone is hereby established in this By-law and is
intended to provide for seasonal dwellings and related types of recreational
development within specified areas in the vicinity of Delta Beach. Year-round
residential uses may also be accommodated within this zone. Due to the
sensitivities of the shoreline environment, the areas that can accommodate
seasonal dwellings and recreational uses are limited. Therefore, seasonal dwellings
are generally on smaller, clustered lots with appropriate private services.
"RU" RESIDENTIAL URBAN ZONE
Provide areas for residential and related community development based upon the
extension of municipal sewer services. Permitted uses in this zone represent uses
that are residentially related or supportive of residential development. Conditional
uses under this zone are considered generally related to residential uses, but may
require more detailed consideration of their development, as provided under a
conditional use review to ensure the proper fit within the local neighbourhood
context due to the size of associated buildings, site area or use, or density
characteristics.
Residential Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
4-2
4.2 Residential Zone Site Requirements
Table 4-1 sets forth the site requirements for uses in the Residential Zones. Lower
case alphabetic letters contained in parenthesis ( ) refer to explanations or
exceptions listed in the Table Notes at the end of the bulk table, which form part of
the requirements within these zones.
Table 4-1: Residential Zone - Site Requirements
MINIMUM SITE REQUIREMENTS
MAXIMUM
REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Zones
Permitted
Conditional Uses
Site
Area
(sq ft)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft) (a)
[AM B/L
#3195]
Rear
Yard
(ft)
Dwelling
Unit Area
(sq ft)
% Site
Coverage
Building
Height
(ft)
RMH
(a)
[AM B/L
#3195]
(b)(j)
(l)(q)
Accessory
Building, Structure
or Use (see 3.7)
25
5(e)(g)
5(f)(g)
10
15
Childcare, Centre
7,500
75
25
5
25
40
30
Dwelling, Mobile
Home (see 10.4)
5,500
50
20
5
15
600
40
30
Park/Playground
5,000
50
-
-
-
Public Utility (p)
5,000
50
25
10
25
RR
(a)
[AM B/L
#3195]
(j)(l)
(q)
Accessory
Building, Structure
or Use (see 3.7)
40
5(e)(g)
5(f)(g)
3
15
Amusement
Enterprise, Indoor
1 acre
100
125
15
30
40
30
Childcare, Centre
7,500
75
25
5
25
10
30
Community/
Recreation Centre
1 acre
100
125
15
30
40
30
Dwelling, Mobile
Home (see 10.4)
2 acres
200
125
25 (k)
25
600
10
30
Dwelling, Single-
Family (i)
2 acres
200
125
25 (k)
25
600
10
35
Garden Suite
(see 10.5)
5 (k)
25
15
Park/Playground
1,000
20
Public Utility (p)
5,000
50
25
10
25
Residential Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
4-3
Table 4-1: Residential Zone - Site Requirements
MINIMUM SITE REQUIREMENTS
MAXIMUM
REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Zones
Permitted
Conditional
Uses
Site
Area
(sq ft)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft) (a)
[AM B/L
#3195]
Rear
Yard
(ft)
Dwelling
Unit Area
(sq ft)
% Site
Coverage
Building
Height
(ft)
RS
(a)
[AM B/L
#3195]
(j)(l)
(q)
Accessory
Building Structure
or Use (see 3.7)
(h)(m)(n)
25
5(e)
5(f)(o)
10
15
Amusement
Enterprise, Indoor
15,000
100
25
10
25
80
30
Camping Grounds
50,000
100
25
10
25
30
Commercial Marina
15,000
100
25
10
25
30
Community/
Recreation Centre
15,000
100
25
10
25
80
30
Dwelling, Mobile
Home (m)
(see 10.4)
11,000
80
25
5
10 (o)
500
20
30
Dwelling, Seasonal
(i)(m)
11,000
80
25
5
25
500
20
30
Dwelling, Single-
Family (i)(m)
11,000
80
25
5
25
600
20
30
Park/Playground
1,000
20
Public Utility (p)
5,000
50
25
5
25
30
Restaurant
15,000
100
25
10
25
80
Retail Sales
15,000
100
25
10
25
80
30
RU
(a)
[AM B/L
#3195]
(j)(l)
(q)
Accessory
Building Structure
or Use (see 3.7)
25
5(e)
5 (f)(g)
10
15
Assisted Living
Facility
20,000
100
25
15
25
80
30
Bed and Breakfast
(see 10.3)
7,500
75
25
5
25
40
30
Childcare, Centre
7,500
75
25
5
25
40
30
Club, Private (not
licensed)
7,500
75
25
5
25
40
30
Residential Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
4-4
Residential Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
4-5
Table 4-1: Residential Zone - Site Requirements
MINIMUM SITE REQUIREMENTS
MAXIMUM
REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Zones
Permitted
Conditional
Uses
Site
Area
(sq ft)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft) (a)
[AM B/L
#3195]
Rear
Yard
(ft)
Dwelling
Unit Area
(sq ft)
% Site
Coverage
Building
Height
(ft)
RU
(a)
[AM B/L
#3195]
(j)(l)
(q)
Community/
Recreation Centre
7,500
75
25
5
25
80
30
Dwelling, Multiple
Family
9,000
(d)
100
25
5
25
600
80
30
Dwelling,
Single Family (i)
5,000
50
25
5
25
600
40
30
Dwelling,
Two Family (c)
7,500
75
25
5
25
600
40
30
Entertainment
Facility
7,500
75
25
5
25
80
30
Gallery/Museum
7,500
75
25
5
25
80
30
Group Residence
7,500
75
25
5
25
80
30
Health Institute /
Hospital
20,000
100
25
15
25
80
30
Library
7,500
75
25
5
25
80
30
Park/Playground
5,000
50
Personal Care
Home
20,000
100
25
15
25
80
30
Place of Worship
7,500
75
25
5
25
80
30
Protection and
Emergency
Services
20,000
100
25
15
25
80
30
Public Utility (p)
5,000
50
25
5
25
30
Rooming House
7,500
50
25
5
25
40
30
School, Elementary
or Junior High
(see 10.12)
20,000
100
25
15
25
80
30
School, Senior
High
(see 10.13)
20,000
100
25
15
25
80
30
Residential Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
4-6
Residential Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
4-7
Table 4-1 Notes:
(a)
When located on a corner site, the minimum required side yard on the street side
of the site shall be 15 feet for all principal and accessory buildings and structures;
(b)
For mobile home sites, there shall be an open space at least 20 feet by 50 feet
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.
(c)
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 square feet, the
minimum site width requirement shall be 35 feet and the minimum side yard
requirement along the party wall shall be 0 feet.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
Accessory buildings in the form of detached guest quarters (see 10.7) can be a
maximum of 400 square feet. One detached guest quarters is allowed per lot. A
minimum distance of 10 feet is required between individual buildings on a site.
(i)
Off-site/ready-to-move homes placed upon a permanent foundation are
considered under this District to be similar to single-family dwellings.
(j)
In the case of sites which abut a provincial highway, permits from the appropriate
Provincial Authority will be required.
(k)
Where a corner site on a municipal road occurs, a minimum front yard setback of
125 feet is required and a minimum side yard setback of 50 feet is required.
(l) The location of Residential Uses shall be subject to Section 8.4 Livestock
Operations.
(m) Minimum elevation of the lowest opening into a residence shall be in compliance
with the geodetic elevations established by the Province.
(n)
Residential Seasonal zone to allow accessory structures in front yards.
(o)
In the case of lakeshore lots, the minimum required rear yard requirement for all
buildings and structures, except docks and open decks, shall be 25 feet from the
rear site line.
Residential Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
4-8
p) Where the proposed use is a public utility that consists of a building or structure
less than 100 square feet in floor area, a smaller site area 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.
q) The only permitted animals are household pets.
4.3 Residential Zone Land Use and Parking Regulations
(1) Table 4-2 lists all uses that are:
a) "P", Permitted; or
b) "C", Conditional
in the Residential Zones. All listed uses are subject to the provisions
contained herein.
(2) Table 4-2 also provides parking requirements for all Permitted and
Conditional Uses in Residential Zones. If the parking reference space left
blank for a use, it can be assumed that no parking requirements are needed.
Residential Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
4-9
Table 4-2: Residential Zone - Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING
RMH
RR
RS
RU
Accessory Building Structure or
Uses(see 3.7)
P
P
P
P
Amusement Enterprise, Indoor
C
C
One (1) per each Five (5) seats
Assisted Living
C
One and Half (1.5) spaces per dwelling/sleeping
unit, 10% of which are unassigned visitor
parking spaces
Bed and Breakfast (a)
(see 10.3)
C
C
C
One (1) per Guest Room
Camping Grounds
C
One (1) per campsite
Childcare, Centre
C
C
C
One (1) per every Three (3) employees
Club, Private (not licensed)
C
One (1) per every 250 square feet of floor area
Commercial Marina, (c)
C
At the discretion of the Development Officer
Community/Recreation Centre
C
C
C
One (1) per each Five (5) seats
Dwelling, Mobile Home (a)
(see 10.8) (see 10.4) [AM B/L #3195]
P
C
C
One (1) per dwelling unit
Dwelling, Multiple Family (a)
C
One and a Half (1.5) per dwelling unit
Dwelling, Single Family (a)
P
P
P
One (1) per dwelling unit
Dwelling, Two Family (a)
P
One (1) per dwelling unit
Entertainment Facility
C
One (1) per each five (5) seats
Gallery/Museum
C
At the discretion of the Development Officer
Garden Suite (a)
(see 10.5)
C
One (1) per dwelling unit
Group Residence
C
One (1) for each Five (5) rooming or dwelling
units and One (1) for the owner and/or operator
and One (1) for every Three (3) employees
Guest Quarters
(see 10.7)
P
One (1) per dwelling unit
Health Institute/Hospital
C
.75 spaces per bed
Library
C
At the discretion of the Development Officer
Park/Playground
P
P
P
P
At the discretion of the Development Officer
Personal Care Home
C
One (1) for each Five (5) rooming or dwelling
units and One (1) for the owner and/or operator
and One (1) for every Three (3) employees
Place of Worship
P
One (1) for each Five (5) seats in the principal
assembly area but not less than Ten (10)
spaces
Protection and Emergency
Services
C
One (1) per every 500 square feet of floor area
Public Utility
P
P
P
P
At the discretion of the Development Officer
Restaurant
C
One (1) per every 250 square feet of floor area
Retail Sales (b)
C
One (1) per every 500 square feet of floor area
Residential Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
4-10
Table 4-2: Residential Zone - Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING
RMH
RR
RS
RU
Rooming House
C
One (1) for each Five (5) rooming or dwelling
units and One (1) for the owner and/or operator
and One (1) for every Three (3) employees
School, Elementary or Jr High
(see 10.12)
C
One (1) per classroom, plus Ten (10) additional
spaces
School, Senior High
(see 10.13)
C
Five (5) per classroom
Secondary Suite (a)
(see 10.14) (see 10.6)
[AM B/L #3195]
C
C
One (1) per dwelling unit
Shipping Container (see 10.14)
[AM B/L #3195]
C
C
C
C
Sign (see 10.19) (see 10.18)
[AM B/L #3195]
Table 4-2 Notes:
(a)
The location of Residential Uses shall be subject to section 8.4 Livestock
Operations.
(b)
Retail uses are limited to small-scale, convenience stores.
(c)
This use includes gas sales.
Commercial Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
5-1
PART 5 COMMERCIAL ZONES
5.1 TYPE AND INTENT OF COMMERCIAL ZONES
"CG" COMMERCIAL GENERAL ZONE
Provide for general commercial, limited manufacturing and processing uses in the
Municipality's designated Settlement Centres, in keeping with the provisions of the
Portage la Prairie Planning District Development Plan.
"CH" COMMERCIAL HIGHWAY ZONE
To provide space for automobile-oriented retail/wholesale, and visitor commercial
uses which require visual exposure to a controlled access highway, and have
screened outdoor storage or display and for uses that cater to the travelling public.
Commercial Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
5-2
5.2 COMMERCIAL ZONE SITE REQUIREMENTS
Table 5-1 sets forth the site requirements for uses in the Commercial Zones.
Lower case alphabetic letters contained in parenthesis ( ) refer to explanations or
exceptions listed in Table Notes at the end of the bulk table, which form part of
the requirements within these zones.
Table 5-1: Commercial Zone - Site Requirements
MINIMUM SITE REQUIREMENTS
MAXIMUM
REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Zones
Permitted
Conditional
Uses
Site
Area
(sq ft)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
% Site
Cover
Building
Height
(ft)
CG
(a) (c)
(d)
Accessory
Building Structure
or Use (see 3.7)
-
-
25
10
25
10
18
Animal Hospital or
Veterinary Clinic
10,000
100
25
15
25
80
30
Assisted Living
20,000
100
25
15
25
80
30
Freight or Truck
Yard
10,000
100
25
15
25
80
30
Health
Institute/Hospital
20,000
100
25
15
25
80
30
Other CG Uses (b)
5,000
50
25
10
25
80
30
Personal Care
Home
20,000
100
25
15
25
80
30
Protection and
Emergency
Services
20,000
100
25
15
25
80
30
School, Elementary
or Junior High
(see 10.12)
20,000
100
25
15
25
80
30
School, Senior
High
(see 10.13)
20,000
100
25
15
25
80
30
CH
(a) (c)
(d)
Accessory
Building Structure
or Use (see 3.7)
-
-
125
10
25
10
18
Auction Room
22,000
100
125
25
25
50
30
Golf Course
436,000
100
Heavy Equipment,
Sales, Service and
Rental
22,000
100
125
25
25
50
30
Commercial Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
5-3
Table 5-1: Commercial Zone - Site Requirements
MINIMUM SITE REQUIREMENTS
MAXIMUM
REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Zones
Permitted
Conditional
Uses
Site
Area
(sq ft)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
% Site
Cover
Building
Height
(ft)
Other CH Uses (b)
65,000
100
125
30
30
50
30
Restaurant
65,000
100
125
30
30
50
30
Table 5-1 Notes:
(a)
No open, outside storage shall be permitted in the front yard, except for vehicle
displays in "CG" Commercial General Zone and vehicle displays and Ready to
Move Homes (RTM) in "CH" Commercial Highway Zone. Open outside storage
may be permitted in a side or rear yard provided, where side or rear yards abut a
public street or highway and the outside storage is screened with a solid fence at
least six (6) feet in height.
(b)
Retail Sales with outside storage of products or materials require a minimum site
area of 10,000 square feet, a minimum site width of 100 feet and a minimum side
yard of 15 feet.
(c)
Grain storage structures, fuel and fertilizer storage tanks are exempt from height
restrictions.
(d)
In the case of sites which abut a provincial highway, permits from the appropriate
Provincial Authority will be required.
5.3 COMMERCIAL ZONE LAND USE AND PARKING
REGULATIONS
(1) Table 5-2 lists all uses that are:
a)
"P", Permitted; or
b)
"C", Conditional in the Commercial Zones.
All listed uses are subject to the provisions contained herein.
(2) Table 5-2 also provides parking requirements for all Permitted and
Conditional Uses in Commercial Zones. If the parking reference space left
blank for a use, it can be assumed that no parking requirements are needed.
Commercial Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
5-4
Table 5-2: Commercial Zone - Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING
CG
CH
Accessory Building Structure and Use
(see 3.7)
P
P
Agricultural Industries (b)
C
One (1) per every 1000 square feet of floor area
not less than Two (2)
Agricultural Processing
C
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Amusement Enterprise, Indoor
C
C
One (1) per each Five (5) seats
Amusement Enterprise, Outdoor
C
P
At the discretion of the Development Officer
Animal Day Care
C
C
One (1) per every 1000 square feet of floor area
Animal Grooming
C
C
One (1) per every 1000 square feet of floor area
Animal Hospital or Veterinary Clinic
C
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Asphalt & Concrete Batch Plants,
Temporary (c)
C
C
At the discretion of the Development Officer
Assisted Living
P
C
One and a Half (1.5) spaces per
dwelling/sleeping unit, 10% of which are
unassigned visitor parking spaces
Auction Room
P
At the discretion of the Development Officer
Brewery, Distillery or Winery
C
C
At the discretion of the Development Officer
Building, Landscape or Garden Supplies
C
C
One (1) per every 200 square feet of floor area
Bulk Storage
C
At the discretion of the Development Officer
Bus Depot
P
Five (5) minimum
Car Wash
P
P
At the discretion of the Development Officer
Club, Private (not licenced)
P
C
One (1) per every 250 square feet of floor area
Community/Recreation Centre
C
C
One (1) per each Five (5) seats
Contractors' Establishment
C
P
One (1) per every 1000 square feet of floor area
Drinking Establishment
C
C
One (1) per every 1000 square feet of floor area
Drive-Through Establishment
(see 10.10)
P
P
At the discretion of the Development Officer
Dwelling Unit (a)
P
One (1) per dwelling
Entertainment Facility
P
C
One (1) per each five (5) seats
Freight or Truck Yard
C
P
One (1) per every 1000 square feet of floor area
Fuel Sales
P
C
One (1) per every 500 square feet of floor area
but not less than two (2)
Funeral Chapel or Mortuary
P
C
One (1) per every 500 square feet of floor area
Gallery/Museum
P
C
At the discretion of the Development Officer
Government Services
P
One (1) per every 500 square feet of floor area
Health Institute / Hospital
P
C
.75 spaces per bed
Heavy Equipment Sales, Service and
Rental
P
One (1) per every 1000 square feet of floor area
Hotel or Motel
P
P
One (1) for each guest room
Landscape/Garden Contractor or
Production
C
C
One (1) per every 1000 square feet of floor area
Commercial Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
5-5
Table 5-2: Commercial Zone - Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING
CG
CH
Library
P
C
At the discretion of the Development Officer
Manufacturing, Light
C
C
One (1) per every 1000 square feet of floor area
Mini-Storage/Self Storage
C
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Neighbourhood Rehabilitation Home
C
One (1) per resident
Outside Storage
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Park/Playground
P
C
At the discretion of the Development Officer
Parking Surface Lot
P
P
Pawnshop
C
C
At the discretion of the Development Officer
Personal Care Home
P
C
One (1) for each Five (5) rooming or dwelling
units and One (1) for the owner and/or operator
and One (1) for every Three (3) employees
Personal Service
P
C
One (1) per every 500 square feet of floor area
Place of Worship
P
One (1) for each Five (5) seats in the principal
assembly area but not less than Ten (10) spaces
Professional Service
P
C
One (1) per every 500 square feet of floor area
Protection and Emergency Services
P
One (1) per every 500 square feet of floor area
Public Utility
P
P
At the discretion of the Development Officer
Recycling Collection Area
P
P
Restaurant
P
P
One (1) per every 250 square feet of floor area
Retail Sales
P
P
One (1) per every 500 square feet of floor area
School, Elementary or Junior High
(see 10.12)
P
C
One (1) per classroom, plus Ten (10) additional
spaces
School, Senior High
(see 10.13)
P
C
Five (5) per classroom
Sexually Oriented Business
C
One (1) per every 500 square feet of floor
Shipping Containers
(see 10.15) (see 10.14) [AM B/L #3195]
C
C
Sign (see 10.19) (see 10.18) [AM B/L #3195]
Vehicle Repair and Service
C
C
One (1) per every 1000 square feet of floor area
Vehicle Sales and Rental
P
P
One (1) per every 1000 square feet of floor area
Warehouse
C
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Table 5-2 Notes:
(a)
Shall be located above the first floor.
(b)
Does not include anhydrous ammonia or bulk propane storage.
(c)
See 3.8.
Industrial Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
6-1
PART 6 INDUSTRIAL ZONES
6.1 TYPE AND INTENT OF MANUFACTURING/INDUSTRIAL
ZONE
The Industrial Zones are intended to provide sufficient lands, site and building
performance standards for a range of industrial/ manufacturing land uses within
designated locations in the Rural Municipality of Portage la Prairie.
"M" MANUFACTURING/INDUSTRIAL ZONE
To provide development areas for industrial uses within the municipality.
"MP" INDUSTRIAL POPLAR BLUFF ZONE
To provide an area for larger industrial uses not considered appropriate to be
located in an urban location given the nature of the uses and truck traffic generated.
The large industry uses will be developed to Industrial Park Standards,
characterized by landscaping to buffer sites from adjoining land uses and site
development and building aesthetics to ensure compatibility among industrial park
businesses and adjoining land uses. The boundaries of the Poplar Bluff Industrial
Park are illustrated in Zoning Map 9.
"MS" INDUSTRIAL SOUTHPORT ZONE
To provide an area for industrial uses in Southport Aerospace Planning Area that
are consistent and compatible with aviation and non-aviation commercial
development and respective of airport flight paths.
Industrial Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
6-2
6.2 INDUSTRIAL ZONE SITE REQUIREMENTS
Table 6-1 sets forth the site requirements for uses in the Industrial Zones. Lower
case alphabetic letters contained in parenthesis ( ) refer to explanations or
exceptions listed in Table Notes at the end of the bulk table, which form part of
the requirements within these zones.
Table 6-1: Industrial Zone - Site Requirements
MINIMUM SITE REQUIREMENTS
MAXIMUM
REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Zones
Permitted
Conditional
Uses
Site
Area
(sq ft)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
% Site
Cover
Building
Height
(ft)
M
(b)(c)
(d)(e)(f)
(h)
Accessory
Building Structure or
Use (see 3.7)
25
5
10
15
30
Animal Hospital or
Veterinary Clinic /
Animal Shelter
6,000
50
25
10
20
60
50
Building, Landscape
or Garden Supplies
(a)
20,000
100
25
60
50
Bulk Storage
Fuel Sales (g)
20,000
100
25
10
20
60
50
Dwelling,
Staff/Caretaker
6,000
50
25
10
20
50
Freight or Truck Yard
20,000
100
25
10
20
60
50
Heavy Equipment
Sales, Service, and
Rental
20,000
100
25
10
20
60
50
Manufacturing, Light
20,000
100
25
10
20
60
50
Other M Uses
10,000
80
25
10
20
60
50
Outside Storage (a)
5,000
50
25
60
50
Public Utility
5,000
50
25
10
20
60
50
Vehicle Repair and
Service
6,000
50
25
10
20
60
50
Warehouse
Wholesaling
20,000
100
25
10
20
60
50
Wrecking and
Salvage Yard (a)
20,000
100
25
10
20
60
50
Industrial Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
6-3
Table 6-1: Industrial Zone - Site Requirements
MINIMUM SITE REQUIREMENTS
MAXIMUM
REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Zones
Permitted
Conditional
Uses
Site
Area
(sq ft)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
% Site
Cover
Building
Height
(ft)
MP(c)
(d)(e)(f)
(h)
(See
6.2.2)
(See
6.2.1)
[AM B/L
#3195]
Accessory
Building Structure or
Use (see 3.7)
125
100
125
15
30
Other MP Uses
10,000
60
125
100
125
60
50
MS
(c)(d)
(e)(f)(g)
Accessory
Building Structure or
Use (see 3.7)
25
5
20
15
30
Animal Hospital or
Veterinary Clinic
6,000
50
25
5
20
60
50
Car Wash
6,000
50
25
5
20
60
50
ChildCare, Centre
6,000
50
25
5
20
60
50
Community /
Recreation Centre
6,000
50
25
5
20
60
50
Government
Services
6,000
50
25
5
20
60
50
Mini-Storage/Self
Storage
5,000
50
25
5
20
60
50
Other MS Uses
10,000
80
25
10
20
60
50
Outside Storage (a)
5,000
50
25(b)
60
50
Personal Service
Professional Service
5,000
50
25(b)
5
20
60
50
Research Institution
6,000
50
25
5
20
60
50
Restaurant
6,000
50
25
5
20
60
50
Retail Sales
6,000
50
25
5
20
60
50
Industrial Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
6-4
Table 6-1 Notes:
(a)
Outside storage requires that it occur in the rear yard and is fenced from view of
adjoining properties by a 6 foot light proof fence. In the event a light proof fence is
not provided, this use shall be deemed a conditional use;
(b)
Front yards shall include landscaped green space adjacent to the street right-of-
way, at least 10 feet in depth as measured from the front property line;
(c)
Parking of customer and employee vehicles may occur in the front yard;
(d)
Access and loading lanes utilizing the side yard must not encroach on the side
yard setback;
(e)
Outdoor storage and loading areas may occur within the rear yard; and
(f)
The required side yard adjacent to a street in the case of a corner site or a
reversed corner site shall be increased by 10 feet.
(g)
See 3.22.
(h)
In the case of sites which abut a provincial highway, permits from the appropriate
Provincial Authority will be required.
6.2.1 "MP" INDUSTRIAL POPLAR BLUFF ZONE
DEVELOPMENT STANDARDS
Any development in the Poplar Bluff Industrial Park requires a signed
Development Agreement with the Rural Municipality of Portage la Prairie.
6.3 GENERAL INDUSTRIAL PROVISIONS
(1) Yards Without a Structure: When a lot is to be occupied for a permitted
use in an Industrial Zone without a structure, the required yards shall be
provided and maintained, except that the side yards shall not be required on
a lot which is used for horticultural purposes or for public recreational
purposes, and, when a side lot line abuts a railway right-of-way, the side
yard shall not be required.
(2) Yards Abutting Agricultural and Residential Zones: Notwithstanding
anything elsewhere contained in this By-law, no sign, display or other
advertising device, shall be located in the required yard that abuts a lot in an
Agricultural or Residential Zone or a lot in Agricultural or Residential use.
Industrial Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
6-5
(3) Objects Not Considered Obstructions: The following shall not be
considered as obstructions, and therefore, may penetrate the maximum
height limit:
a)
Chimneys and flues;
b)
Elevator and stair bulkheads;
c)
Flagpoles, aerials, parabolic dish antennae and other communication
equipment, spires; and
d)
Parapet walls no more than four (4) feet high.
6.4 INDUSTRIAL ZONE LAND USE REGULATIONS AND
PARKING
(1) Table 6-2 lists all uses that are:
a)
"P", Permitted; or
b)
"C", Conditional in the Industrial Zones.
All listed uses are subject to the provisions contained herein.
(2) Table 6-2 also provides parking requirements for all Permitted and
Conditional Uses in Industrial Zones. If the parking reference space left
blank for a use, it can be assumed that no parking requirements are needed.
Industrial Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
6-6
Table 6-2: Industrial Zone - Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING
M
MP
MS
Accessory Building Structure or Use
(see 3.7)
P
P
P
Agri-Business
P
C
P
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Agriculture, Indoor (a)
C
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Agricultural Industries
P
P
P
One (1) per every 1000 square feet of floor area not
less than Two (2)
Agricultural Processing (a)
P
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Airport and Associated Facilities
C
P
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Amusement Enterprise, Indoor
C
C
C
One (1) per each Five (5) seats
Animal Hospital or Veterinary Clinic
C
C
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Animal Shelter
C
C
One (1) per every 1000 square feet of floor area but
no less than two (2) spaces
Asphalt & Concrete Batch Plants,
Temporary
C
At the discretion of the Development Officer
Brewery, Distillery or Winery
C
C
C
At the discretion of the Development Officer
Building, Landscape or Garden Supplies
P
C
P
One (1) per every 200 square feet of floor area
Bulk Storage
C
C
P
At the discretion of the Development Officer
Car Wash
P
P
P
At the discretion of the Development Officer
ChildCare, Centre
C
One (1) per every Three (3) employees
College or University
P
Five (5) per classroom
Commercial School
P
Five (5) per classroom
Community/Recreation Centre
P
One (1) per each Five (5) seats
Contractors' Establishment
P
C
P
One (1) per every 1000 square feet of floor area
Data Centre
C
P
One (1) per every 500 square feet of floor area
Entertainment Facility
P
One (1) per each five (5) seats
Fleet Services
C
C
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Freight or Truck Yard
P
C
C
One (1) per every 1000 square feet of floor area
Gallery/Museum
P
At the discretion of the Development Officer
Government Services
P
P
P
One (1) per every 500 square feet of floor area
Hazardous Materials Storage
C
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Heavy Equipment Sales, Service and
Rental
P
C
C
One (1) per every 1000 square feet of floor area
Hotel or Motel
P
One (1) for each guest room
Library
P
At the discretion of the Development Officer
Manufacturing, Heavy
C
C
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Manufacturing, Light
P
P
P
One (1) per every 1000 square feet of floor area
Industrial Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
6-7
Table 6-2: Industrial Zone - Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING
M
MP
MS
Mini-Storage/Self-Storage
C
P
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Outside Storage
P
C
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Personal Services
P
One (1) per every 500 square feet of floor area
Professional Services
P
One (1) per every 500 square feet of floor area
Public Utility
P
P
P
At the discretion of the Development Officer
Railway Yard
C
C
At the discretion of the Development Officer
Recycling Collection Depot
C
C
C
Research Institution
C
P
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Restaurant
C
P
One (1) per every 250 square feet of floor area
Retail Sales
P
One (1) per every 500 square feet of floor area
School, Elementary or Junior High
(see 10.12)
P
One (1) per classroom, plus Ten (10) additional
spaces
School, Senior High
(see 10.13)
P
Five (5) per classroom
Shipping Container
C
C
C
Sign (see 10.19) (See 10.18)
[AM B/L #3195]
Towing and Storage Facility
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Vehicle Repair and Service
P
C
P
One (1) per every 1000 square feet of floor area
Vehicle Sales and Rental
P
C
P
One (1) per every 1000 square feet of floor area
Warehouse
P
P
P
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Wrecking and Salvage Yard
C
C
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Wholesaling
P
P
P
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Table 6-2 Notes:
(a)
The cultivation and processing of cannabis is a conditional use.
Parks and Recreation Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
7-1
PART 7 PARKS AND RECREATION ZONES
7.1
TYPE AND INTENT OF PARKS AND RECREATION
ZONES
"PR" PARKS AND RECREATION ZONE
Provide for the establishment of public parks and recreation areas and facilities
within the Municipality.
Parks and Recreation Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
7-2
7.2 PARKS AND RECREATION ZONE SITE REQUIREMENTS
Table 7-1 sets forth the site requirements for uses in the Parks and Recreation
Zone. Lower case alphabetic letters contained in parenthesis ( ) refer to
explanations or exceptions listed in Table Notes at the end of the bulk table,
which form part of the requirements within these zones.
Table 7-1: Parks and Recreation Zone - Site Requirements
MINIMUM SITE REQUIREMENTS
MAXIMUM
REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Zones
Permitted
Conditional
Uses
Site
Area
(sq ft)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
% Site
Cover
Building
Height
(ft)
PR
(b)
Accessory
Building Structure
or Use (see 3.7)
-
50
25
10
25
Cemetery/
Mausoleum
5,000
50
25
10
25
Club Private, (Not
Licensed)
5,000
50
25
10
25
40
30
Community/
Recreation Centre
5,000
50
25
10
25
40
30
Entertainment
Facility
5,000
50
25
10
25
40
30
Gallery/Museum
5,000
50
25
10
25
40
30
Library
5,000
50
25
10
25
40
30
Other PR Uses
20,000
100
25
15
25
40
30
Public Utility (a)
5,000
50
25
5
25
Table 7-1 Notes:
(a)
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.
(b)
When located on a corner site, the minimum required side yard on the street side
of the site shall be 15 feet for all principal and accessory buildings and structures.
Parks and Recreation Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
7-3
7.3 PARKS AND RECREATION ZONE LAND USE
REGULATIONS AND PARKING
(1) Table 7-2 lists all uses that are:
a)
"P", Permitted; or
b)
"C", Conditional in the Parks and Recreation Zone.
All listed uses are subject to the provisions contained herein.
(2) Table 7-2 also provides parking requirements for all Permitted and
Conditional Uses in Parks and Recreation Zone. If the parking reference
space left blank for a use, it can be assumed that no parking requirements
are needed.
Parks and Recreation Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
7-4
Table 7-2: Parks and Recreation Zone - Land Use Regulations and
Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING
PR
Accessory Building Structure or Use
(see 3.7)
P
Amusement Centre, Indoor
C
At the discretion of the Development Officer
Amusement Centre, Outdoor
C
One (1) per every five (5) seats OR one (1) for every 500
square feet of floor space
Assisted Living
C
One and a Half (1.5) spaces per dwelling/sleeping unit,
10% of which are unassigned visitor parking spaces
Camping Grounds
P
One (1) per campsite
Cemetery/Mausoleum
P
At the discretion of the Development Officer
Club, Private (Not Licensed)
P
One (1) per every 250 square feet of floor area
College or University
C
Five (5) per classroom
Community/Recreation Centre
C
One (1) per every five (5) seats
Entertainment Facility
P
One (1) per each five (5) seats
Gallery/Museum
P
At the discretion of the Development Officer
Health Institute/Hospital
C
.75 spaces per bed
Library
P
At the discretion of the Development Officer
Park/Playground
P
At the discretion of the Development Officer
Personal Care Home
C
One (1) for each Five (5) rooming or dwelling units and
One (1) for the owner and/or operator and One (1) for
every Three (3) employees
Place of Worship
P
One (1) for each Five (5) seats in the principal assembly
area but not less than Ten (10) spaces
Public Utility
P
At the discretion of the Development Officer
Restaurant
P
One (1) per every 250 square feet of floor area
School, Elementary or Junior High
(see 10.12)
C
One (1) per classroom, plus Ten (10) additional spaces
School, Senior High (see 10.13)
C
Five (5) per classroom
Shipping Container (see 10.14)
[AM B/L #3195]
C
Sign (see 10.19) (see 10.18)
[AM B/L #3195]
Agricultural Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
8-1
PART 8 AGRICULTURAL ZONES
8.1 INTENT AND TYPE OF AGRICULTURAL ZONE
"AG" AGRICULTURAL GENERAL ZONE
(a) Support and strengthen the agricultural industry in the Rural Municipality of
Portage la Prairie and to provide flexibility and opportunity for farm operators to
engage in a variety of farming practices; and
(b) Protect the agricultural industry and its land resources in recognition of
agriculture's contribution to the economy, lifestyle and character of the Portage
la Prairie Planning District.
(c) Provide opportunities under the Conditional Use process to diversify uses
within the agricultural area to include agro-related commercial or industrial
enterprises.
"AL" AGRICULTURAL LIMITED ZONE
To accommodate continued agricultural use of undeveloped land within the areas
immediately adjoining designated settlement centers, but limit livestock
operations in a manner compatible with existing development adjoining
designated settlement centres.
Agricultural Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
8-2
8.2 AGRICULTURAL ZONE SITE REQUIREMENTS
Table 8-1 sets forth the site requirements for uses in the Agricultural Zones.
Lower case alphabetic letters contained in parenthesis ( ) refer to explanations or
exceptions listed in Table Notes at the end of the bulk table, which form part of
the requirements within these zones.
Table 8-1: Agricultural Zone - Site Requirements
MINIMUM SITE REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Zones
Permitted
Conditional
Uses
Site
Area
(acres)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
AG
(a) (b)
[AM B/L
#3195]
(c) (e)
Accessory Building Structure or
Use (b) (d) [AM B/L #3195]
(see 3.7)
125
25
25
Agriculture, General
80
300
125
25
25
Airport and Associated Facilities
10
200
125
25
25
Livestock Operations, of more than
60 animal units
80
300
125
25
25
Livestock Operations, 10 to 60
animal units
80
300
125
25
25
Livestock Operations, less than 10
animal units (defined as Animal
Keeping in Part 1)
(see 10.1) (see 10.9) [AM B/L #3195]
2
300
125
25
25
Other AG Uses (b)
2
200
125
25
25
AL
(a) (b)
[AM B/L
#3195]
(c) (e)
Accessory Building Structure or
Use (see 3.7) (d) [AM B/L #3195]
125
25
25
Agriculture, General
40
300
125
25
25
Agricultural Processing
2
200
125
25
25
Agriculture, Specialized
2
200
125
25
25
Amusement Enterprise, Outdoor
2
200
125
25
25
Community/Recreation Centre
2
200
125
25
25
Freight or Truck Yard
2
200
125
25
25
Agricultural Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
8-3
Table 8-1: Agricultural Zone - Site Requirements
MINIMUM SITE REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Zones
Permitted
Conditional
Uses
Site
Area
(acres)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Heavy Equipment Sales, Service or
Rental
2
200
125
25
25
Livestock Operations, of more than
60 animal units
80
300
125
25
25
Livestock Operation, 10 to 60
animal units
80
300
125
25
25
Livestock Operations, less than 10
animal units (defined as Animal
Keeping in Part 1)
(see 10.1) (see 10.9) [AM B/L #3195]
2
300
125
25
25
Manufacturing, Light
2
200
125
25
25
Other AL Uses
2
200
125
25
25
Place of Worship
2
200
125
25
25
Table 8-1 Notes:
(a)
Where a side or rear site line is adjacent to a municipal road, the minimum
required yard shall be 125 feet.
(b)
Anhydrous ammonia storage facilities and other hazardous materials
storage shall be set back 330 feet from any public roadway, and shall be
separated by a distance of 2,640 feet from any individual residence or any
residential area. Any residential development within this buffer area
requires a conditional use approval.
(c)
In the case of sites which abut roads belonging to the jurisdiction of
Manitoba Infrastructure, the front, side and rear yard requirements shall be
as established by the Provincial Authority.
(d)
Farm accessory buildings shall be located a minimum of 25 feet away from
a residential dwelling when on the same site.
(e)
See sections 3.22 and 3.23.
Agricultural Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
8-4
8.3 AGRICULTURAL ZONE LAND USE REGULATIONS AND
PARKING
(1) Table 8-2 lists all uses that are:
a)
"P", Permitted; or
b)
"C", Conditional in the Agricultural Zones.
All listed uses are subject to the provisions contained herein.
(2) Table 8-2 also provides parking requirements for all Permitted and
Conditional Uses in Agricultural Zones. If the parking reference space left
blank for a use, it can be assumed that no parking requirements are needed.
Agricultural Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
8-5
Table 8-2: Agricultural Zone - Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING
AG
AL
Accessory Building Structure or Use
(see Part 3.7) (a)
P
P
Agri-Business
C
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Agriculture, General (b)
P
P
At the discretion of the Development Officer
Agricultural Industries
C
C
One (1) per every 1000 square feet of floor area not
less than Two (2)
Agricultural Processing, (b)
C
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Agriculture, Specialized (c)(b)
C
C
At the discretion of the Development Officer
Airport and Associated Facilities
C
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Amusement Enterprise, Indoor
C
C
One (1) per each Five (5) seats
Amusement Enterprise, Outdoor
C
C
At the discretion of the Development Officer
Animal Hospital or Veterinary Clinic
C
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Animal Kennel
C
C
At the discretion of the Development Officer
Animal Shelter
C
C
One (1) per every 1000 square feet of floor area but
no less than two (2) spaces
Asphalt & Concrete Batch Plants,
Temporary (e)
C
C
At the discretion of the Development Officer
Auction Room
C
C
At the discretion of the Development Officer
Auction Yard
C
C
At the discretion of the Development Officer
Bulk Storage
C
C
At the discretion of the Development Officer
Camping Grounds (d)
C
C
One (1) per campsite
Cemetery/Mausoleum
C
C
At the discretion of the Development Officer
Community/Recreation Centre (d)
C
P
One (1) per each Five (5) seats
Contractors' Establishment
C
C
One (1) per every 1000 square feet of floor area
Conservation Area
P
P
Dwelling, Non-Farm (f) (g)
C
C
One (1) per dwelling unit
Entertainment Facility (d)
C
C
One (1) per each five (5) seats
Freight or Truck Yard (d)
C
C
One (1) per every 1000 square feet of floor area
Gallery/Museum (d)
C
C
At the discretion of the Development Officer
Garden Suite (g)
(see 10.5)
C
C
One (1) per dwelling unit
Gravel Pit
C
C
At the discretion of the Development Officer
Group Residence (g)
C
C
One (1) for each Five (5) rooming or dwelling units
and One (1) for the owner and/or operator and One
(1) for every Three (3) employees
Hazardous Materials Storage
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Heavy Equipment Sales, Service and
Rental
C
C
One (1) per every 1000 square feet of floor area
Agricultural Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
8-6
Table 8-2: Agricultural Zone - Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING
AG
AL
Hunting Lodge (g)
C
C
At the discretion of the Development Officer
Landscape/Garden Contractor or
Production
P
P
One (1) per every 1000 square feet of floor area
Livestock Auction Mart
C
C
At the discretion of the Development Officer
Livestock Operation, more than 60
animal units (h)
C
C
At the discretion of the Development Officer
Livestock Operation, 10 to 60 animal
units (h)
P
C
At the discretion of the Development Officer
Livestock Operation, less than 10
animal units (see definition of Animal
Keeping)
(see 10.9)
P
P
At the discretion of the Development Officer
Manufacturing, Heavy (d)
C
C
One (1) per every 1,000 square feet of floor area
but not less than two (2)
Manufacturing, Light
C
C
One (1) per every 1000 square feet of floor area
Place of Worship (d)
C
C
One (1) for each Five (5) seats in the principal
assembly area but not less than Ten (10) spaces
Public Utility (i)
P
P
At the discretion of the Development Officer
Railway Yard
C
C
At the discretion of the Development Officer
Restaurant (d)
C
C
One (1) per every 250 square feet of floor area
Retail Sales (d) (j)
C
C
One (1) per every 500 square feet of floor area
Secondary Suite (g)
(see 10.6)
C
C
One (1) per dwelling unit
Shooting Range
C
C
At the discretion of the Development Officer
Shipping Container (see 10.14)
[AM B/L #3195]
C
C
Sign (see 10.19) (see 10.18)
[AM B/L #3195]
Vehicle Repair and Service (k)
C
C
One (1) per every 1000 square feet of floor area
Wind Energy Generating System
(WEGS)
(see 10.18) (see 10.17) [AM B/L #3195]
C
C
At the discretion of the Development Officer
Table 8-2 Notes:
(a)
farmstead or staff/caretaker dwelling that is necessary to a approved [AM B/L #3195]
permitted or conditional use may occupy a zoning site but must be included within
the same title as the principal use of the site.
(b)
Cultivation and processing of cannabis products is a conditional use.
(c)
Apiaries shall be considered as a conditional use when proposed to be located
within 1 mile of a residential or designated community area.
(d)
These uses should only be accommodated in AG and AL zones if no suitable
location exists in applicable industrial, commercial or GD zones.
(e)
Asphalt and concrete batch plants will only be allowed as temporary uses (see 3.8).
Agricultural Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
8-7
(f)
Only as per Development Plan policies 17.6, 17.7, 17.8 and 17.10 or existing
parcels as of this By-Law.
(g)
All non-farm residential dwellings shall be subject to the separation distances listed
in Table 8-4.
(h)
As per Development Plan Policy 17.14, new or expanded livestock operations are
not permitted in the Fringe Area, as identified on the policy maps of the
Development Plan.
(i)
Public utility uses that involve the disposal and/or treatment of liquid or solid waste,
such as a sewage lagoon or landfill, shall be a conditional use. Landfills are not
permitted in the AL zone.
(j)
Limited to small-scale, convenience stores in agricultural zones.
(k)
Only as an accessory use to a permitted principal use.
8.4 LIVESTOCK OPERATIONS
(1) The number of animal units (AU) represented by a Livestock Operation shall
be determined in accordance with TABLE 8-3 "ANIMAL UNIT SUMMARY
TABLE"
(2) Where applicable, all livestock operations shall comply with the Provincial
regulations.
(3) Mutual separation distances prescribed by TABLE 8-4 must be maintained
between a new or expanding livestock operation and:
a)
The City of Portage la Prairie and the City's Fringe Area;
b)
Adjacent First Nations lands;
c)
Areas designated in the Portage la Prairie Planning District
Development Plan as Settlement Centres, Mobile Home Areas,
Southport Planning Area or Rural Residential; and
d)
Individual dwellings not associated with the livestock operation
(4) Any application for a new or expanding livestock operation proposed with a
separation distance not prescribed in TABLE 8-4 may be approved if varied
by Council.
(5) Council shall refer all applications involving 300 or more animal units to the
Minister and request that a Technical Review Committee be appointed to
review the proposed application.
Agricultural Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
8-8
(6) When reviewing any conditional use application for a livestock operation,
Council may take the following into consideration:
a)
The type of operation;
b)
Location in relation to neighbouring land uses;
c)
The size of the operation, including:
i.
the maximum number of animals
ii.
the size of the site area;
d)
The source of water supply and proposed consumption levels;
e)
The nature of the land base;
f)
Local resident concerns;
g)
The Technical Review Committee report and recommendations;
h)
The potential impacts to Provincial highways and Municipal road
systems;
i)
Provincial guidelines and regulations governing Livestock Operations;
and
j)
Whether there is a need for a development agreement to be entered
into between the proponent and the municipality dealing with conditions
such as:
i.
the timing of construction of any proposed buildings or structures
ii.
the control of traffic
iii.
the construction and maintenance of roads, fencing, landscaping,
shelterbelts, manure storage facility covers or site drainage works
by or at the expense of the proponent.
Agricultural Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
8-9
Table 8-3: Animal Unit Summary Table
A.U. Produced
By One
Livestock
(Animals x #=A.U.)
Livestock
Producing
One A.U.
(Animals / #=A.U.)
Dairy
Milking Cows, including associated livestock
2.0
0.5
Beef
Beef Cows, including associated livestock
1.25
0.8
Backgrounder
0.5
2.0
Summer pasture/replacement heifers
0.625
1.6
Feeder cattle
0.769
1.3
Hogs
Sows, farrows to finish
1.25
0.8
Sows, farrows to weanling
.25
4
Sows, farrows to nursery
.313
3.2
Weanlings
0.033
30
Growers/Finishers/Biotechs/Feeders
0.143
7.0
Boars (artificial insemination operations)
0.2
5.0
Chickens
Broilers
0.005
200
Roasters
0.01
100
Layers
0.0083
120
Pullets
0.0033
300
Broiler Breeder Pullets
0.0033
300
Broiler Breeder Hens
0.01
100
Turkeys
Broilers
0.01
100
Heavy Toms
0.02
50
Heavy Hens
0.01
100
Horses
(PMU)
Mares, including associated livestock
1.333
0.75
Feedlot
1.00
1
Sheep
Ewes, including associated livestock
0.2
5
Feeder lambs
0.063
16
Goats
All
0.14
7.14
Elk
Calves
0.05
20
Cows
0.53
1.89
Bulls
0.77
1.29
Bison
Calves
0.25
4
Adults
1.00
1
Agricultural Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
8-10
Table 8-3 Notes:
a)
The Provincial Authority may be consulted for other livestock or operation type and
interpretation of this TABLE.
b)
"Animal Unit" (A.U.) means the number of animals of a particular category that will
excrete 160.9 lbs (73 kg) of total nitrogen in a 12 month period. To calculate the
number of AUs for a particular operation, multiply the AU produced by one livestock
by the number of animals. For example, for 200 animal beef cows including
associated livestock equals 1.25 x 200 = 250 AUs.
Table 8-4: Mutual Separation Distances for Livestock Operations
Size of
Livestock
Operation in
Animal Units1
Distance in Feet / Metres from
a Residence2
Distance in Feet / Metres from a
Designated Area2
To Earthen
Manure
Storage
Facility or
Feedlot
To Animal
Confinement
Facility or
Non-earthen
Manure
Storage
Facility3
To Earthen
Manure
Storage
Facility or
Feedlot
To Animal
Confinement
Facility or
Non-earthen
Manure
Storage
Facility3
10 - 100
656' / 200m
328' / 100m
2625' / 800m
1739' / 530m
101 - 200
984' / 300m
492' / 150m
3937' / 1200m
2625' / 800m
201 - 300
1312' / 400m
656' / 200m
5249' / 1600m
3511' / 1070m
301 - 400
1476' / 450m
738' / 225m
5906' / 1800m
3937' / 1200m
401 - 800
1640' / 500m
820' / 250m
6561' / 2000m
4364' / 1330m
801 -1600
1968' / 600m
984' / 300m
7874' / 2400m
5249' / 1600m
1601 - 3200
2297' / 700m
1148' / 350m
9186' / 2800m
6135' / 1870m
3201 - 6400
2625' / 800m
1312' / 400m
10499' / 3200m
6988' / 2130m
6401 - 12800
2953' / 900m
1476' / 450m
11811' / 3600m
7874' / 2400m
12801 and
greater
3281' / 1000m
1641' / 500m
13123' / 4000m
8760' / 2670m
Table 8-4 Notes:
a)
Refer to Table 8-3 for number of animals.
b)
See Section 8.4 (4) and (5).
c)
The distance to animal confinement facility includes barns and non-earthen manure
storage such as above or below grade structures which may be covered or
uncovered.
General Development Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
9-1
PART 9 GENERAL DEVELOPMENT ZONES
9.1 INTENT AND TYPE OF GENERAL DEVELOPMENT ZONE
To provide development areas within the communities of St. Ambroise, Delta,
Macdonald, Oakland, High Bluff, Poplar Point, and Newton. The General
Development Zone provides as permitted uses, those uses generally found in small
communities to be compatible with residential uses like schools, recreation facilities
and limited commercial uses. Conditional uses in this zone represent uses that may
be characterized by larger building scale, traffic, operating processes and storage
needs, which require site specific assessment to ensure the right fit within the
community.
General Development Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
9-2
9.2 GENERAL DEVELOPMENT ZONE SITE REQUIREMENTS
Table 9-1 sets forth the site requirements for uses in the General Development
Zone. Lower case alphabetic letters contained in parenthesis ( ) refer to
explanations or exceptions listed in Table 9-1 at the end of the bulk table, which
form part of the requirements within these zones.
Table 9-1: General Development Zone - Site Requirements
MINIMUM SITE REQUIREMENTS
MAXIMUM
REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Zones
Permitted
Conditional
Uses
Site
Area
(sq. ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard (ft)
Rear
Yard
(ft)
Dwelling
Unit
Area (sq
ft)
Site
Coverage
Building
Height
(ft)
GD
(g)(h)
(i)
Accessory Building
Structure or Use
(see 3.7) (h)
[AM B/L #3195]
-
-
25
5 (e)(f)
5(e)(f)
15/18 (a)
Amusement
Enterprise, Outdoor
20,000
100
25
15
25
30
Building,
Landscape or
Garden Supplies
10,000
100
25
15(d)
25(d)
40
30
Camping Grounds
20,000
100
25
15
25
30
ChildCare Centre
7,500
75
25
15
25
40
Dwelling, Mobile
Home
(see 10.4)
6,000
60
25
10
25
600
20
30
Dwelling, Multiple
Family (b)
9,000
100
25
15
25
600
80
30
Dwelling, Single
Family
6,000
60
25
10
25
600
40
30
Dwelling, Two
Family
7,500
75
25
10
25
600
40
30
Entertainment
Facility
20,000
100
25
15
25
40
30
Gallery/Museum
20,000
100
25
15
25
40
30
Government
Services
7,500
75
25
15
25
40
30
Hotel or Motel
20,000
150
25
15
25
40
30
General Development Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
9-3
Table 9-1: General Development Zone - Site Requirements
MINIMUM SITE REQUIREMENTS
MAXIMUM
REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Zones
Permitted
Conditional
Uses
Site
Area
(sq. ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard (ft)
Rear
Yard
(ft)
Dwelling
Unit
Area (sq
ft)
Site
Coverage
Building
Height
(ft)
Library
20,000
100
25
15
25
40
30
Other GD Uses
(c)(d)
15,000
100
25
15
25
40
30
Personal /
Professional
Service
7,500
75
25
15
25
40
30
Place of Worship
10,000
100
25
15
25
40
30
Protection and
Emergency
Services
10,000
100
25
15
25
40
30
Restaurant
7,500
75
25
15
25
40
30
Retail Sales
6,000
60
25
15
25
40
30
School, Elementary
or Junior High
(see 10.12)
20,000
100
25
15
25
40
30
School, Senior
High
(see 10.13)
20,000
100
25
15
25
40
30
Table 9-1 Notes:
(a) Maximum allowable height for all accessory buildings and structures shall be 15
feet, if accessory to a residence, and 18 feet if accessory to a non-residential use.
(b) This is the minimum required site area for the first three (3) dwelling units. For each
additional dwelling unit over three (3) units, the minimum required site area shall
increase by an additional 1,000 square feet.
(c) Where the proposed use is a public utility that consists of a building or structure
less than 100 square feet in floor area, a smaller site area 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.
(d) 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 0.0 feet for those structures which require
railway service for loading or unloading.
General Development Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
9-4
(e) 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 side yard
and rear yard for accessory buildings and structures shall be 3 feet.
(f)
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.
(g) The only permitted animals are Household Pets.
(h) The maximum square footage for a staff/caretaker dwelling is 400 square feet of
floor area of the principal use.
(i) See 3.22 & 3.23.
9.3 GENERAL DEVELOPMENT ZONE LAND USE
REGULATIONS AND PARKING
(1) Table 9-2 lists all uses that are:
a)
"P", Permitted; or
b)
"C", Conditional in the General Development Zone.
All listed uses are subject to the provisions contained herein.
(2) Table 9-2 also provides parking requirements for all Permitted and
Conditional Uses in General Development Zone. If the parking reference
space is left blank for a use, it can be assumed that no parking requirements
are needed.
Table 9-2: General Development Zone - Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING
GD
Accessory Building Structure or
Use
(see 3.7)
P
Agricultural Processing (a)
C
One (1) per every 1,000 square feet of floor area but not less
than two (2)
Amusement Enterprise, Indoor
C
One (1) per each Five (5) seats
Amusement Enterprise, Outdoor
C
At the discretion of the Development Officer
Animal Day Care
C
One (1) per every 1000 square feet of floor area
Animal Grooming
P
One (1) per every 1000 square feet of floor area
Animal Hospital or Veterinary
Clinic
C
One (1) per every 1,000 square feet of floor area but not less
than two (2)
General Development Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
9-5
Table 9-2: General Development Zone - Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING
GD
Assisted Living
P
One and a Half (1.5) spaces per dwelling/sleeping unit,
10% of which are unassigned visitor parking spaces
Bed and Breakfast
(see 10.3)
P
One (1) per guest room
Building, Landscape or Garden
Supplies
C
One (1) per every 200 square feet of floor area
Bulk Storage
C
At the discretion of the Development Officer
Bus Depot
C
Five (5) minimum
Camping Grounds
C
One (1) per campsite
ChildCare, Centre
C
One (1) per every Three (3) employees
Club, Private (Not Licensed)
P
One (1) per every 250 square feet of floor area
Community/Recreation Centre
P
One (1) per each Five (5) seats
Contractors' Establishment
C
One (1) per every 1000 square feet of floor area
Drinking Establishment
C
One (1) per every 1000 square feet of floor area
Dwelling, Mobile Home
C
One (1) per dwelling unit
Dwelling, Multiple Family
P
One and a Half (1.5) per dwelling unit
Dwelling, Single Family
P
One (1) per dwelling unit
Dwelling, Two Family
P
One (1) per dwelling unit
Entertainment Facility
C
One (1) per each five (5) seats
Freight or Truck Yard
C
One (1) per every 1000 square feet of floor area
Fuel Sales
C
One (1) per every 500 square feet of floor area but not less
than two (2)
Funeral Chapel or Mortuary
C
One (1) per every 500 square feet of floor area
Gallery/Museum
C
At the discretion of the Development Officer
Garden Suite
(see 10.5)
C
One (1) per dwelling unit
Government Services
P
One (1) per every 500 square feet of floor area
Health Institute/Hospital
P
.75 spaces per bed
Heavy Equipment Sales, Service
and Rental
C
One (1) per every 1000 square feet of floor area
Hotel or Motel
P
One (1) for each guest room
Landscape/Garden Contractor or
Production
C
One (1) per every 1000 square feet of floor area
Library
C
At the discretion of the Development Officer
Manufacturing, Light
C
One (1) per every 1000 square feet of floor area
Park/Playground
P
At the discretion of the Development Officer
Parking, Surface Lot
P
Personal Care Home
P
One (1) for each Five (5) rooming or dwelling units and One (1)
for the owner and/or operator and One (1) for every Three (3)
employees
General Development Zones
Rural Municipality of Portage la Prairie
Zoning By-law 3182
9-6
Table 9-2: General Development Zone - Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING
GD
Personal Services
C
One (1) per every 500 square feet of floor area
Place of Worship
P
One (1) for each Five (5) seats in the principal assembly area
but not less than Ten (10) spaces
Private Communications
Facilities
C
One (1) per every 1000 square feet of floor area
Professional Services
C
One (1) per every 500 square feet of floor area
Protection and Emergency
Services
P
One (1) per every 500 square feet of floor area
Public Utility (b)
P
At the discretion of the Development Officer
Restaurant
C
One (1) per every 250 square feet of floor area
Retail Sales
C
One (1) per every 500 square feet of floor area
Rooming House
C
One (1) for each Five (5) rooming or dwelling units and One (1)
for the owner and/or operator and One (1) for every Three (3)
employees
School, Elementary or Junior
High
(see 10.12)
P
One (1) per classroom, plus Ten (10) additional spaces
School, Senior High
(see 10.13)
P
Five (5) per classroom
Secondary Suite
(see 10.14) (see 10.6)
[AM B/L #3195]
C
One (1) per dwelling unit
Shipping Container (see 10.14)
[AM B/L #3195]
C
Sign (see 10.19) (see 10.18)
[AM B/L #3195]
TABLE 9-2 NOTES:
(a)
Processing of cannabis products is a conditional use.
(b)
Public utility uses that involve the disposal or treatment of waste, such as a
sewage lagoon, are conditional uses.
Use Standards
Rural Municipality of Portage la Prairie
Zoning By-law 3182
10-1
PART 10
USE STANDARDS
10.1
CHILDCARE, HOME-BASED
In addition to all standards applicable in the zone where the use is located, the
following standards apply to home-based childcare operations, as defined in
PART 1:
(1) A licensed, home-based childcare operation is permitted as an accessory
use within a dwelling unit or mobile home in accordance with provincial
licensing;
(2) An unlicensed, home-based childcare operation is permitted as an
accessory use within a dwelling unit or mobile home in accordance with
the following standards:
a)
Is carried on within a dwelling unit or mobile home in which the owner
or tenant resides;
b)
Is carried on solely by members of the household residing at the same
dwelling unit or mobile home (no employees allowed);
c)
Is limited to a maximum of four (4) children under the age of 12,
including the care giver's own children and other children living in the
home;
d)
Provision of care for remuneration or rewards to a child apart from his
or her parents or guardians for a period in any one day exceeding three
(3) hours but not exceeding fourteen (14) hours.
Use Standards
Rural Municipality of Portage la Prairie
Zoning By-law 3182
10-2
10.2
HOME OCCUPATIONS
In addition to the other requirements of this By-law, the following use
standards apply to home occupations:
(1) Shall be permitted in a dwelling unit or mobile home or its permitted
accessory building;
(2) Operations shall be conducted by a person or persons residing in the
dwelling;
(3) Shall be carried on solely by the members of the family residing at the
same dwelling unit or mobile home without the employment of other
persons;
(4) There shall be no exterior processing or outside storage of goods or
materials in any zone, except the "AG" Agricultural General Zone. In the
"AG" Agricultural General Zone, the location of all exterior processing
and outside storage shall be subject to Council approval;
(5) Not more than 500 square feet of floor area may be devoted to the home
occupation;
(6) One (1) business sign, either freestanding or affixed to the wall of a
principal or accessory building, is permitted, provided it does not exceed
the specifications for residential zones outlined in section 10.19.
(7) There shall be no exterior indication of the home occupation or variation
of the residential character of the principal or accessory building except
as provided for herein;
(8) Activities of the home occupation shall not generate undue traffic or
congestion, adversely affect the amenity and convenience of the
neighbourhood, or create a nuisance;
(9) Any home occupation that operates as retail in nature (stock-in-trade),
more than twenty (20) hours per week, or outside normal business hours
of 9 a.m. to 5 p.m., will be considered as a conditional use by Council.
Such conditions that may be placed on an application include the
following:
a)
the maximum number of hours of operation;
b)
the permitted daily operating hours allowed;
c)
the provision of off-street parking etc.
Use Standards
Rural Municipality of Portage la Prairie
Zoning By-law 3182
10-3
10.3
BED AND BREAKFAST
In addition to the other requirements of this By-law, the following use
standards apply to bed and breakfast establishments:
(1) Bed and Breakfast accommodation shall not interfere with the rights of
other residents to quiet enjoyment of a residential neighbourhood. Bed
and Breakfast accommodation shall be an incidental and subordinate use
to the principal residential use and shall be restricted to the dwelling.
(2) The residence must maintain the character (appearance) of the
residential zone in which it is located.
(3) One (1) unlit business sign, either freestanding or affixed to the wall of a
principal building, is permitted, provided it does not exceed the
specifications for residential zones outlined in section 10.19.
(4) The words "hotel" and "motel" are not permitted.
(5) The Bed and Breakfast facilities are for exclusive use of guests and
residents.
(6) Bed and Breakfast units shall be restricted to 20% of the dwelling size, to
a maximum of 4 bed and breakfast units.
(7) Approved smoke alarms are required as per Manitoba Building Code.
(8) Guest stays are limited to less than 7 days.
(9) Meals shall be limited to the occupants of the dwelling and resident
guests, with no cooking allowed in guest rooms. Catering to social
functions is not permitted
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Rural Municipality of Portage la Prairie
Zoning By-law 3182
10-4
10.4
MOBILE HOME
In addition to the other requirements of this By-law, the following use
standards apply to mobile homes:
(1) All mobile homes shall meet structural standards as determined by
"Canadian Standards Association (CSA) Mobile Home Structural
Standards" contained within the Z240 Series and all revisions thereto.
(2) All mobile homes shall provide skirting around the base of the unit that is
of a manufactured or similar type to harmonize with the unit within 60
days of the placement of the unit in the stall.
(3) For mobile home sites, there shall be an open space at least 20 feet by
50 feet 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.
(4) Mobile Home Parks will require approval from Council and are required
to submit a plan drawn to scale and fully dimensioned indicating
landscaping, access, roads, mobile home spaces, buffers, storage
compounds, refuse and garbage area, common recreational area,
retention of surface run-off and parking; and shall include such other
information as may be necessary to determine conformance with this By-
law.
(5) A mobile home park shall:
a)
Contain a minimum area of 100,000 square feet and a minimum
frontage of 220 feet.
b)
Contain a minimum of ten (10) mobile home spaces;
c)
Have a maximum density of ten (10) mobile home spaces per acre;
d)
Provide one unassigned parking space for every 5 mobile home
units;
e)
Contain a common recreational area of 600 square feet for each ten
(10) mobile home spaces or fraction thereof (buffers cannot be
considered as part of the recreational area);
f)
Have internal road right of ways a minimum of 40 feet in width;
g)
Maintain a landscaped buffer a minimum of 20 feet in width free and
clear of all buildings and structures around the entire perimeter of
the mobile home (accesses to the mobile home park may cross this
buffer);
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Rural Municipality of Portage la Prairie
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10-5
h)
Provide, for each mobile home space:
i.
A sewer and water connection;
ii.
An electrical service outlet;
iii.
An adequate hard surface base support for the mobile home;
iv.
Provide street lighting to the same standard as that in a
conventional residential neighbourhood; and
v.
Provide a secure storage compound.
(6) Every space in a mobile home subdivision shall meet the minimum
requirements specified in Table 4-1. A mobile home subdivision shall
meet all requirements of those specified in 10.4 (5) for mobile homes in
mobile home parks.
(7) Accessory buildings or structures may be attached to the mobile home, in
which case the accessory structure shall be considered as being part of
the mobile home and the yard requirements for the mobile home shall
apply.
(8) All additions, porches, garages and accessory structures shall be of an
equivalent quality and appearance as the mobile home unit and shall
complement the exterior.
10.5
GARDEN SUITES
In addition to the other requirements of this By-law, the following use
standards apply to garden suites:
(1) A Garden Suite shall only be located on the same site as a principal,
detached single-unit dwelling.
(2) Only one (1) Garden Suite is allowed per site. If a Garden Suite is on site,
no Secondary Suite is allowed. If a Secondary Suite is located within the
principal dwelling, no Garden Suite is allowed on site.
(3) Garden Suites are to conform to the Manitoba Building Code.
(4) One (1) additional parking stall is required for the Garden Suite.
(5) A Garden Suite shall be no closer than ten (10) feet to any other
residential dwelling as measured from wall to wall.
(6) A Garden Suite shall not contain a basement and shall rest on footings or
similar supports.
(7) The maximum floor area of the Garden Suite shall not exceed 1200
square feet and it shall not exceed a single storey.
(8) The suite shall be connected to the water system of the principal dwelling
unit it is accessory to.
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Rural Municipality of Portage la Prairie
Zoning By-law 3182
10-6
(9) In the case where a Garden Suite is located on a site that is a corner site
or a reversed corner site, the required side yard adjacent to a street shall
be increased by ten (10) feet.
10.6 SECONDARY SUITE
In addition to the other requirements of this By-law, the following use
standards apply to secondary suites:
(1) A secondary suite is not allowed in a duplex, semi-detached dwelling,
apartments or rooming houses.
(2) A secondary suite shall only be located within a principal, single-family
dwelling. This does not include a location within or above a attached
detached [AM B/L #3195] accessory building, such as a garage.
(3) Only one (1) secondary suite is allowed per dwelling.
(4) If a secondary suite is located in a dwelling, no garden suite is allowed. If a
garden suite is on site, no secondary suite is allowed.
(5) Secondary suites are to conform to the Manitoba Building Code.
(6) One (1) additional parking space is required for the secondary suite.
10.7
GUEST QUARTERS
In addition to the other requirements of this By-law, the following use
standards apply to guest quarters:
(1) Shall be a maximum of 400 square feet.
(2) Shall be limited to a maximum of one (1) per lot.
(3) A minimum distance of 10 feet is required between principle residence
and the guest quarters.
(4) Shall not contain cooking facilities and only minimal plumbing.
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Rural Municipality of Portage la Prairie
Zoning By-law 3182
10-7
10.8
PLANNED UNIT DEVELOPMENT
In addition to the other requirements of this By-law, the following use
standards apply to planned unit developments:
(1) May only be established on a zoning site or proposed development larger
than 15 acres in size.
(2) The uses and standards of a planned unit development must be generally
consistent with the desired character for the area, as set out in the Portage
la Prairie Planning District Development Plan, and the uses and standards
in the zones adjacent to the site.
(3) An application for a planned unit development shall be considered as a
conditional use application, subject to the conditional use provisions of this
By-law and The Planning Act.
(4) An application for a planned unit development must be accompanied with a
detailed site plan, including:
a)
Location of the site boundaries;
b)
Planned location, height, and types of use of buildings and structures;
c)
Planned location of internal roads and entrances to site;
d)
Planned location of sidewalks and active transportation paths;
e)
Planned locations of communal and public facilities and spaces;
f)
Planned locations of fencing, lighting, trees, shrubs, groundcover and
plantings;
g)
Planned location of vehicle parking;
h)
Planned location of systems supplying electrical power, water, and
collection of sewage and waste;
i)
Lot grading;
j)
A list of all instances on the site where the bulk standards of the
proposed buildings and structures do not comply with the
requirements of this zoning By-law; and
k)
Other information as required by Council.
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Rural Municipality of Portage la Prairie
Zoning By-law 3182
10-8
10.9
ANIMAL KEEPING
In addition to the other requirements of this By-law, the following use
standards apply to animal keeping:
(1) Sites for animal keeping shall be a minimum of two (2) acres. No animal
units shall be permitted on sites less than two (2) acres.
(2) An animal keeping use shall have a maximum of one (1) animal unit for a
two (2) acre site. For every additional two (2) acres of site area, and
[AM B/L #3195] one additional animal unit may be added, up to a maximum
of 9.999 animal units.
(3) See Table 8-3 for animal unit calculations.
(4) All animal unit variances are to be processed as a full variation.
10.10 DRIVE THROUGH ESTABLISHMENTS
In addition to the other requirements of this by-law, a drive through
establishment, as defined in PART 1, may be permitted as an accessory use
in accordance with all the standards applicable in the zone where the principal
use is located, as well as the following standards:
(1) Existing parking or loading stalls or drive aisles must not be utilized as
part of a drive-through establishment lane.
(2) No drive-through establishment facility may be located on a lot or site
adjacent to a lot containing a residential use unless the drive-through
establishment facility is separated from the residential use by an
intervening building, public lane, or public street.
(3) No portion of a drive-through facility may be located in a required front
yard.
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Rural Municipality of Portage la Prairie
Zoning By-law 3182
10-9
10.11 PRIVATE SWIMMING POOLS AND HOT TUBS
In addition to the other requirements of this By-law, the following use
standards apply to private and semi-private swimming pools, hot tubs, and
similar structures when accessory to a residential use and a minimum depth of
2 feet.
(1) Outdoor pools and hot tubs shall comply with yard requirements for
accessory buildings and uses as set forth in the bulk tables for respective
zones. In no case shall an outdoor pool or hot tub be located closer than
5 feet to any side or rear site line.
(2) All outdoor pools and hot tubs shall be completely enclosed with a
vertical board fence, with no horizontal or diagonal supports that would
facilitate climbing, or a chain link fence not less than No. 12 gauge
galvanized steel wire, or a minimum No. 14 gauge steel wire covered
with a vinyl or other approved coating forming a total thickness equivalent
to No. 12 gauge galvanized wire, with a mesh not greater than 2 inches
or other suitable barrier, excluding barbed wire or wire having similar
dangerous characteristics or device for projecting an electric current
through the fence, constructed or erected in accordance with the
following:
a)
It shall have a minimum height of 6 feet and a maximum height of 8
feet, including gates, which shall be self-closing and equipped with a
lockable latch to prevent unauthorized entry;
b)
There shall be no openings other than an entry to a building or a
gate and it shall be constructed so as to prevent a child from
crawling under either the fence or gate;
c)
The enclosure surrounding an outdoor pool shall be maintained in
good repair;
d)
In lieu of enclosures for hot tubs as specified above, hot tub covers
are permitted as per the Manitoba Building Code and amendments.
(3) Notwithstanding the provisions of Section 3.13, open decks and open
stairways associated with outdoor pools or hot tubs may project into the
required side or rear yards not more than 2 feet, providing the pool is at
least 6 feet from the main building.
(4) Semi-private pools, which are not located on the property of a single-
family dwelling and used solely by the occupant of said dwelling or his
guests, are subject to the regulations governing swimming pools under
The Public Health Act.
(5) Nothing in this Section shall relieve any such structure from complying
with spatial, structural, electrical, plumbing, health and safety or
operational requirements contained in regulations under The Building
and Mobile Homes Act, Public Health Act or other applicable statutes.
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Rural Municipality of Portage la Prairie
Zoning By-law 3182
10-10
10.12 SCHOOL, ELEMENTARY OR JUNIOR HIGH
In addition to the other requirements of this by-law, each elementary or junior
high school must provide enough stacking space for the loading and unloading
of passengers to accommodate three (3) school buses and five (5) passenger
vehicles. Such stacking spaces may be located within the required front yard.
10.13 SCHOOL, SENIOR HIGH
In addition to the other requirements of this by-law, each senior high school
must provide enough stacking space for the loading and unloading of
passengers to accommodate three (3) school buses and three (3) passenger
vehicles. Such queuing spaces may be located within the required front yard.
10.14 SECONDARY SUITE
In addition to the other requirements of this By-law, the following use
standards apply to secondary suites:
(1) A secondary suite is not allowed in a duplex, semi-detached dwelling,
apartments or rooming houses.
(2) A secondary suite shall only be located within a principal, single-family
dwelling. This does not include a location within or above an attached
accessory building, such as a garage.
(3) Only one (1) secondary suite is allowed per dwelling.
(4) If a secondary suite is located in a dwelling, no garden suite is allowed. If a
garden suite is on site, no secondary suite is allowed.
(5) Secondary suites are to conform to the Manitoba Building Code.
(6) One (1) additional parking space is required for the secondary suite.
[AM B/L #3195]
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Rural Municipality of Portage la Prairie
Zoning By-law 3182
10-11
10.15
10.14 SHIPPING CONTAINERS
[AM B/L
#3195] In addition to the other requirements of this by-law, the following use
standards apply to shipping containers:
(1) Shall be prohibited in all Residential, Parks and Recreation and General
Development zones. Shall be allowed in Residential, Commercial,
Manufacturing/Industrial, Parks and Recreation, Agricultural and General
Development zones with a Conditional Use application being applied for.
[AM B/L #3195]
(2) Shall be properly anchored [AM B/L #3195] and maintained in good repair.
(3) Shall be appropriately screened from view from all Residential zones.
(4) Shall be located in the side or rear yard only. They shall not project beyond
the building front line of the primary building.
(5) Shall be prohibited for use as human habitation.
(6) Shall not block, obstruct, or reduce exits, windows, parking spaces, or
driveways.
(7) Notwithstanding subsection (1), shipping containers may be temporarily
placed on a site in any district:
a)
During active construction on a site where the shipping container is
used solely for the storage of supplies and equipment that are used
for construction operations on site, provided that a valid building
permit has been issued for construction, and provided that the
shipping container is removed from the site upon completion of
construction; or,
b)
For the purpose of loading and unloading of items associated with
the principal use for a period of not more than ten (10) days in any
six (6) month period. The Development Officer may grant one (1)
extension of up to ten (10) days for large-scale projects.
c)
A shipping container having a maximum, height of 10 feet and a
maximum length of 20 feet shall be permitted.
(8) When placed on a site pursuant to subsection (7), the shipping
containers shall:
a)
Be located so as not to create a safety hazard;
b)
Not be placed on a public right-of-way or dedicated lands, and
c)
Not be located within 4 feet of the interior edge of a sidewalk.
(9) The maximum number of shipping containers may be four (4) per
property.
(10) Shall not be stacked.
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Rural Municipality of Portage la Prairie
Zoning By-law 3182
10-12
(11) No shipping containers may exceed 10 feet in height, 8 feet in width and
53 feet in length.
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Rural Municipality of Portage la Prairie
Zoning By-law 3182
10-13
10.16
10.15 SMALL WIND ENERGY GENERATING SYSTEMS
[AM B/L
#3195] In addition to the other requirements of this by-law, small wind energy
generating systems shall be a permitted accessory use in all zones where
structures of any sort are allowed, subject to certain requirements as set forth
below:
(1) Wind Turbine Tower Height: For freestanding towers, there shall be no
specific height limitation, so long as the total extended height meets
sound and set-back requirements, Air Traffic Safety Regulations and
does not exceed height recommendations of the manufacturer. For roof-
mounted towers, the maximum height shall be no more than 15 feet
above the roof or top of the parapet, whichever is greater.
(2) Set-back: For free-standing towers, the turbine base shall be no closer to
the property line than the height of the wind turbine tower, and no part of
the wind system structure, including guy wire anchors, may extend closer
than 10 feet to the property boundaries of the installation site.
Additionally, the outer and innermost guy wires must be marked and
clearly visible to a height of 6 feet above the guy wire anchors. Council
may waive setback requirements from adjacent properties if such
adjacent property owner agrees to grant an easement binding on the
current and future owners.
For roof-mounted towers, the setback shall be a minimum of 20 feet from
the front building line, or in the case of corner sites lots, at least 15 feet
from the front and side building line.
(3) Sound: The mean value of the sound pressure level from small wind
energy generating systems shall not exceed more than 6 decibels (dBA)
above background sound, as measured at the exterior of the closest
neighbouring inhabited dwelling (at the time of installation or during
operation), for wind speeds below 35 km/h and except during short-term
events such as utility outages and/or severe wind storms. Applicants may
apply for exemptions from this requirement with written authorization
from the pertinent building owner(s) and tenants, if applicable.
(4) Soil Studies: For standard soil conditions (not including gravel, sand, or
muck), foundations developed by the wind turbine manufacturer shall be
acceptable for freestanding turbine installations of 20kW or less and will
not require project-specific soils studies or an engineer's wet stamp.
(5) Signage: All signs--other than the manufacturer's or installer's
identification, appropriate warning signs, or owner identification on a wind
generator, tower, building, or other structure associated with a small wind
energy system visible from any public road--shall be prohibited.
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Rural Municipality of Portage la Prairie
Zoning By-law 3182
10-14
(6) Access: Any climbing foot pegs or rungs below 12 feet of a freestanding
tower shall be removed to prevent unauthorized climbing. For lattice or
guyed towers, sheets of metal or wood may be fastened to the bottom
tower section such that it cannot readily be climbed.
(7) Insurance: Additional insurance beyond homeowners' coverage shall not
be required.
(8) Compliance with Building Codes: Building permit applications for
freestanding small wind energy generating systems shall be
accompanied by standard drawings of the wind turbine structure,
including the tower, base, and footings, anchoring method and drawn to
scale. An engineering analysis of the wind turbine tower showing
compliance with the International Building Code and certified by a
licensed professional mechanical, structural, or civil engineer shall also
be submitted. Documentation of this analysis supplied by the
manufacturer shall be accepted. Wet stamps shall not be required.
Roof-mounted small wind energy generating systems shall be safely and
securely attached to the rooftop in compliance with the
National/Provincial Building Codes and manufacturer's
recommendations.
(9) Compliance with Air Traffic Safety Regulations: Small wind energy
generating systems must comply with applicable air traffic safety
regulations. A statement on compliance by the applicant is sufficient.
Transport Canada must be notified of the location (latitude and longitude)
and height of all freestanding wind turbine installations through the
aeronautical clearance application process. Small wind turbine towers
shall not be artificially lighted except as required by Navigation Canada.
(10) Compliance with Existing Electric Codes: Building permit applications
for freestanding small wind energy systems shall be accompanied by a
line drawing of the electrical components in sufficient detail to allow for a
determination that the manner of installation conforms to existing
electrical codes, if applicable. This information frequently is supplied by
the manufacturer.
(11) Utility Notification: No small wind energy system shall be grid inter-tied
until evidence has been given that the utility company has been informed
of the customer's intent to install an interconnected customer-owned
generator. A copy of a letter to the applicant's utility is sufficient. No
response or evidence of approval from the utility is required. Off-grid
systems and grid-tied systems that are not capable of feeding onto the
grid with advanced control grid fault protection and disconnect switches
covered under the electrical code shall be exempt from this requirement.
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Zoning By-law 3182
10-15
(12) Abandonment: If a wind turbine is inoperable for six (6) consecutive
months the owner shall be notified that they must, within six (6) months
of receiving the notice, restore their system to operating condition. If the
owner(s) fails to restore their system to operating condition within the six
(6) month time frame, then the owner shall be required, at his expense,
to remove the wind turbine from the tower for safety reasons. The tower
then would be subject to the Public Nuisance provisions of the
municipality's by-laws.
If the proposed small wind energy generating system meets the above criteria,
Council shall approve an application for the small wind energy generating
system by right without a public hearing. For those proposed small wind
energy generating systems that do not meet the above criteria, a zoning
variance will be required.
10.17
10.16 SOLAR COLLECTOR
[AM B/L
#3195] In addition to the other requirements of this by-law, solar collectors shall be
considered a permitted accessory use in all zones, subject to certain
requirements as set forth below.
(1) Any solar collector not connected to a building shall adhere to the same
setbacks and height restrictions for accessory buildings in the zone in
which the installation is situated.
(2) A roof or wall-mounted solar collector (total square footage) shall not
exceed that of the principal structure.
(3) A solar collector mounted on a roof with a pitch of less than a 4:12, may
project a maximum of 6.5 feet from the surface of the roof.
(4) A solar collector mounted on a roof with a pitch of 4:12 or greater:
a)
may project a maximum of 4 feet from the surface of the roof; and
b)
must not extend beyond the outermost edge of the roof.
(5) A solar collector that is mounted on a wall:
a)
must be located a minimum of 8 feet above grade; and
b)
may project a maximum of 2 feet from the surface of that wall.
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Rural Municipality of Portage la Prairie
Zoning By-law 3182
10-16
(6) Solar Access: In the residential zones no owner, occupier or person in
control of property shall allow vegetation or structures to be placed or
planted so as to cast a shadow on a solar collector which is greater than
the shadow cast by a hypothetical wall 10 feet high located along the
boundary line of said property between the hours of 9:30 a.m. and 2:30
p.m. Central Standard Time on December 21st provided. This standard
shall not apply to vegetation or structures which cast a shadow upon the
solar collector at the time of installation of said solar collector or to
vegetation existing at the time of installation of said solar collector.
Violation of this standard shall constitute a private nuisance, and any
owner or occupant whose solar collector is shaded because of such
violation, so that performance of the system is impaired, may have in tort
for the damages sustained thereby and may have such nuisance abated.
As a means of evidencing existing conditions, the owner of a solar
collector may file notarized photographs of the affected area with the
Development Officer prior to installation of said collector.
10.18
10.17 WIND ENERGY GENERATING SYSTEMS (WEGS)
[AM B/L
#3195] In addition to the other requirements of this By-law, the following use
standards apply to wind energy generating systems (WEGS):
(1) Prior to the construction of WEGS, plans illustrating the siting location of
each wind energy generating system device and associated works
including access driveways and the environmental assessment and
licensing conditions must be provided to the Municipality for conditional
use and site approval, subject to the performance standards of this part.
(2) WEGS shall comply with the 125 foot front yard setback related to
roadways that govern the principal use in the "AG" Agricultural General
and "AL" Agricultural Limited zones as measured at grade from the
outside of the rotor arc to the road right of way.
(3) Where, in the opinion of Council, the setbacks referred to in subsection
10.17 (2) above are not sufficient to reduce the impact of WEGS from a
public all-weather municipal roadway; Council may increase the required
setback.
(4) WEGS shall be located so the horizontal distance measured at grade
from the outside of the rotor arc to any property boundary, other than
roadways, is at least 30 feet. Council may reduce this setback distance
provided the consent to do so has been received from the adjacent land
owner.
(5) WEGS setbacks may be increased from the minimum setback
requirements in the "AG" and "AL" zones depending upon the number
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Zoning By-law 3182
10-17
and density of WEGS in a group and their proximity to existing
residences.
(6) WEGS located adjacent to Provincial Highways must be set back 1.5
times the total height of the tower from the Provincial Highway right of
way.
10.19
10.18 SIGNS
[AM B/L
#3195] (1) Intent
The regulations of this section are intended and designed to establish a
minimum control of signs. Such control is deemed essential to promote
the health, safety, and general welfare by reducing hazards to pedestrian
and vehicular traffic, and by preventing unsightly and detrimental
development having a blighting influence upon residential, business and
industrial uses.
(2) Location
a)
No sign or sign structure shall be erected at any location where it
may interfere with, obstruct the view of, or be confused with any
authorized traffic sign, signal or device;
b)
No sign or sign structure shall be located in such a manner as to
materially impede the view of any street or highway intersection, or
in such a manner as to materially impede the view of the
intersection of a street or highway with a railroad grade crossing;
c)
It shall be unlawful to erect or maintain any sign on, over or above
any land or right-of-way belonging to the Municipality unless such
right is established by agreement with the Municipality, and all signs
shall adhere to all the setback requirements of the zone in which
they are located; and
d)
The placing of advertising, business or identification signs within the
control lines and circles of a Provincial Road or Provincial Trunk
Highway shall require a permit from the appropriate provincial
authority.
(3) Rotating Beam or Flashing Signs
No beam or rotating beam shall be used in connection with any sign
display; nor shall any flashing illumination resembling an emergency light
be used for such purpose.
(4) Maintenance
All signs and sign structures shall be kept in repair and in proper state of
preservation. Signs which have become obsolete because of
discontinuance of the business service or activity, and have not been
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Rural Municipality of Portage la Prairie
Zoning By-law 3182
10-18
removed or relocated within thirty (30) days following such condition, may
be removed by the municipality at the owner's expense.
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(5) Exceptions
The following signs shall not be subject to the provisions of this By-law,
except wherein otherwise noted:
a)
Signs posted by duly constituted public authorities in the
performance of their public duties;
b)
Flags or emblems of a political, civic, educational or religious
organization;
c)
Temporary signs in place for not more than six (6) months at a time;
d)
Signs like "No Trespassing," "Notice," "Beware of Dog" and the like;
e)
Construction signs;
f)
Signs required for direction and convenience of the public including
signs which identify rest rooms or parking entrance or exit;
g)
Identification sign, provided in a Residential Zone it is a maximum
size of four (4) square feet; with the exception that a home
occupation may erect one business sign, either freestanding or
affixed to the wall of the principal or accessory building, provided it
does not exceed:
i.
In the rural zones, 32 square feet;
ii.
In the urban zones, 12 square feet in any location other than the
required front yard, and 8 square feet in the required front yard.
h)
Business sign, maximum size of two hundred and ten (210) square
feet in the Agricultural Zone and Highway Commercial Zone,
maximum size of eighty (80) square feet in all other Commercial,
Industrial, General Development and Open Space Zones; and a
maximum size of ten (10) square feet in all Residential Zones;
i)
Real estate signs;
j)
Advertising sign, maximum size of four hundred and sixty (460)
square feet in the Agricultural Zone; maximum size of two hundred
and ten (210) square feet in all Commercial, Industrial and Open
Space Zone; maximum size of ten (1) square feet in all Residential
Zones and General Development Zone.
Appendix
Rural Municipality of Portage la Prairie
Zoning By-law 3182
A-1
APPENDIX ZONING MAPS
This Schedule of the By-law contains 18 Zoning Maps
ZONING MAP 1 Rural Municipality of Portage la Prairie
ZONING MAP 1A West of Poplar Bluff
ZONING MAP 1B West of Southport
ZONING MAP 1C West of Poplar Point
ZONING MAP 2 Delta Beach
ZONING MAP 3 St. Ambroise
ZONING MAP 4 Oakland
ZONING MAP 5 MacDonald
ZONING MAP 6 Portage North
ZONING MAP 7 High Bluff
ZONING MAP 8 Poplar Point
ZONING MAP 9 Poplar Bluff
ZONING MAP 10 Portage Urban-Rural Fringe
ZONING MAP 11 Portage East
ZONING MAP 12 Southport
ZONING MAP 13 Newton
ZONING MAP 14 Oakville
ZONING MAP 15 St. Ambroise Beach Provincial Park