RM of Reynolds Zoning By-law 2014

Rural Municipality of Reynolds, Manitoba

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RURAL MUNICIPALITY OF REYNOLDS ZONING BYLAW 2014 SAWKACONSULTING LTD. 2 Rural Municipality of Reynolds Zoning Bylaw TABLE OF CONTENTS PART I - TITLE, INTENT, PURPOSE, RULES OF CONSTRUCTION, DEFINITIONS ............................................5 1.0. TITLE ............................................................................................................................................................................. 5 1.1. INTENT AND PURPOSE ............................................................................................................................................... 5 1.2. RULES OF CONSTRUCTION ........................................................................................................................................ 5 1.3. DEFINITIONS ................................................................................................................................................................ 6 PART II - ADMINISTRATION ................................................................................................................................. 25 2.0. SCOPE ........................................................................................................................................................................ 25 2.1. AREA AFFECTED ....................................................................................................................................................... 25 2.2. INTENT AND PURPOSE ............................................................................................................................................. 25 2.3. RESPONSIBLE AUTHORITY ...................................................................................................................................... 25 2.4. RESPONSIBILITIES OF COUNCIL ............................................................................................................................. 25 2.5. AMENDMENTS ........................................................................................................................................................... 25 2.5.1. PROCEDURE ................................................................................................................................................ 25 2.5.2. DECISION OF COUNCIL .............................................................................................................................. 26 2.5.3. OBJECTIONS ................................................................................................................................................ 26 2.5.4. DEVELOPMENT AGREEMENTS.................................................................................................................. 26 2.6. CONDITIONAL USES .................................................................................................................................................. 26 2.6.1. INTENT .......................................................................................................................................................... 26 2.6.2. APPLICATION ............................................................................................................................................... 26 2.6.3. FILING AN APPLICATION ............................................................................................................................ 26 2.6.4. DECISION ..................................................................................................................................................... 26 2.6.5. EXPIRY OF CONDITIONAL USE APPROVAL ............................................................................................. 26 2.6.6. EXISTING CONDITIONAL USE .................................................................................................................... 26 2.6.7. CHANGES TO AN EXISTING CONDITIONAL USE...................................................................................... 26 2.6.8. REVOKING A CONDITIONAL USE PERMIT ................................................................................................ 26 2.7. VARIANCE ORDERS .................................................................................................................................................. 27 2.7.1. APPLICATION ............................................................................................................................................... 27 2.7.2. FILING AN APPLICATION ............................................................................................................................ 27 2.7.3. DECISION ..................................................................................................................................................... 27 2.7.4. EXPIRY OF VARIANCE ORDER APPROVAL .............................................................................................. 27 2.7.5. MINOR VARIANCES ..................................................................................................................................... 27 2.8. DESIGNATED EMPLOYEE OR DEVELOPMENT OFFICER ...................................................................................... 27 2.8.1. DUTIES AND POWERS ................................................................................................................................ 27 2.9. DEVELOPMENT PERMIT / BUILDING PERMIT ......................................................................................................... 28 2.9.1. PERMIT REQUIRED ..................................................................................................................................... 28 2.9.2. REQUIREMENTS .......................................................................................................................................... 28 2.9.3. DEVELOPMENT / BUILDING PERMIT NOT REQUIRED ............................................................................. 28 2.9.4. WITHHOLDING DEVELOPMENT / BUILDING PERMITS ............................................................................ 28 2.9.5. SUSPENSION OR REVOCATION OF DEVELOPMENT / BUILDING PERMITS ......................................... 28 2.9.6. EXISTING DEVELOPMENT / BUILDING PERMITS ..................................................................................... 29 2.10. BUILDING / STRUCTURE TO BE MOVED ................................................................................................................. 29 2.11. NON-CONFORMING USES, PARCELS, BUILDINGS OR STRUCTURES................................................................. 29 2.11.1. CONTINUANCE OF LAWFULLY EXISTING NON-CONFORMITIES ........................................................... 29 2.11.2. INCIDENTAL ALTERATIONS ....................................................................................................................... 29 2.11.3. REPAIR OR REBUILDING ............................................................................................................................ 29 2.11.4. NON-CONFORMING PARCEL ..................................................................................................................... 29 2.11.5. DISCONTINUANCE OF NON-CONFORMING USE ..................................................................................... 29 2.11.6. NON CONFORMITY MAY BE ALTERED BY VARIANCE ORDER ............................................................... 30 2.12. ZONING MEMORANDUM ........................................................................................................................................... 30 2.13. INTERPRETATION AND APPLICATION..................................................................................................................... 30 2.14. RELATION TO OTHER BY-LAWS .............................................................................................................................. 30 2.15. UNDEVELOPED ROAD ALLOWANCE ....................................................................................................................... 30 2.16. RESPONSIBILITIES OF THE OWNER ....................................................................................................................... 30 2.17. ENFORCEMENT ......................................................................................................................................................... 30 2.18. FEES ........................................................................................................................................................................... 30 PART III - GENERAL PROVISIONS ....................................................................................................................... 31 3.0. REGULATIONS OF USE ............................................................................................................................................. 31 3.1. ONE (1) MAIN DWELLING / USE PER ZONING SITE ................................................................................................ 31 3.2. MULTIPLE USES OF A ZONING SITE ....................................................................................................................... 31 3.3. EXCAVATION AND SOIL STRIPPING ........................................................................................................................ 31 3 Rural Municipality of Reynolds Zoning Bylaw 3.4. DEMOLITION AND REMOVAL OF BUILDINGS OR STRUCTURES .......................................................................... 31 3.5. FLOOD RISK AREAS AND HAZARD LANDS ............................................................................................................. 31 3.6. GARDEN SUITES / SECOND SINGLE-FAMILY DWELLING / LOFT GARAGES / COMMUNAL DWELLINGS ......... 32 3.7. CONDOMINIUM DEVELOPMENTS ............................................................................................................................ 32 3.8. PLANNED UNIT DEVELOPMENTS ............................................................................................................................ 33 3.9. LIVESTOCK OPERATIONS ........................................................................................................................................ 34 3.9.1. CONDITINAL USE GUIDELINES ............................................................................................................... 34 3.10. SEPARATION DISTANCE REQUIREMENTS FOR ESTABLISHMENT OF ANHYDROUS AMMONIA STORAGE FACILITIES, WASTE DISPOSAL GROUNDS AND SEWAGE LAGOONS ................................................................. 34 3.11. QUARRY / AGGREGATE / MINERAL OPERATIONS ................................................................................................. 34 3.12. ACCESSORY BUILDINGS AND USES PERMITTED ................................................................................................. 35 3.13. THROUGH SITE - MAY BE TWO (2) SITES .............................................................................................................. 35 3.14. TEMPORARY BUILDINGS AND USES ....................................................................................................................... 35 3.15. AREA AND YARDS: GENERAL REQUIREMENTS .................................................................................................... 36 3.15.1. PROJECTIONS INTO YARDS APPLICABLE TO ALL ZONES .................................................................. 36 3.16. NOXIOUS OR OFFENSIVE USE ................................................................................................................................ 37 3.17. SPECIAL PROVISIONS FOR DEVELOPMENT ALONG MAJOR WATERWAYS ....................................................... 37 3.18. SIGN REGULATIONS ................................................................................................................................................. 37 3.19. LOADING REQUIREMENTS ....................................................................................................................................... 38 3.19.1. LOADING SURFACE AREA ...................................................................................................................... 38 3.19.2. ACCESS ..................................................................................................................................................... 38 3.19.3. LOADING SPACES .................................................................................................................................... 38 3.19.4. TABLE 3.1: MINIMUM LOADING SPACES .............................................................................................. 38 3.20. PARKING SPACE REQUIREMENTS, DIMENSIONS AND DESIGN .......................................................................... 38 3.21. ENTRANCES AND EXITS FOR AUTOMOBILE SERVICE STATIONS, PUBLIC PARKING AREAS, DRIVE-IN ESTABLISHMENTS AND ALL VEHICLE SALES ........................................................................................................ 39 3.22. SUBDIVISION OF LAND ............................................................................................................................................. 40 3.23. PUBLIC MONUMENTS AND STATUARY ................................................................................................................... 40 3.24. PUBLIC UTILITY SERVICES ....................................................................................................................................... 40 3.25. SITES REDUCED BY PUBLIC UTILITY SERVICE OR CREATION OF ROAD / STREET ......................................... 40 3.26. CONNECTING TO MUNICIPAL SERVICES ............................................................................................................... 40 3.27. PROVINCIAL TRUNK HIGHWAYS AND PROVINCIAL ROADS ................................................................................. 40 3.28. PRIVATE SWIMMING POOLS AND HOT TUBS ......................................................................................................... 40 3.29. FUTURE ROAD ALLOWANCE DEEMED EXISTING .................................................................................................. 41 3.30. HEIGHT EXCEPTION .................................................................................................................................................. 41 3.31. GENERAL REQUIREMENTS FOR MOBILE HOMES AND MOBILE HOME PARKS ................................................. 41 3.32. SPECIAL PROVISIONS - EXISTING MOBILE HOME PARK DEVELOPMENT .......................................................... 42 PART IV - ZONES .................................................................................................................................................. 43 4.0. ZONES ....................................................................................................................................................................... 43 4.0.1. URBAN - RESIDENTIAL ZONES ............................................................................................................ 43 4.0.2. RURAL ZONES ....................................................................................................................................... 43 4.0.3. COMMERCIAL / INDUSTRIAL ZONES ................................................................................................... 43 4.1. ZONING MAP .............................................................................................................................................................. 43 4.2. REGISTERED PLANS ................................................................................................................................................. 43 4.3. GENERAL PROVISIONS............................................................................................................................................. 43 4.4. INTERPRETATION OF REGULATIONS ..................................................................................................................... 43 4.5. BULK REQUIREMENT TABLES ................................................................................................................................. 43 4.6. ACCESSORY USE TABLES ....................................................................................................................................... 44 4.7. ZONING MAP - INTERPRETATION ........................................................................................................................... 44 4.8. INTERPRETATION OF DEVELOPMENT PLAN BOUNDARIES ................................................................................. 44 4.9. INTERPRETATION OF ZONE BOUNDARIES ............................................................................................................ 44 4.10. BULK REQUIREMENT AND ACCESSORY USE TABLES ......................................................................................... 44 4.10.1. RETENTION OF BULK REQUIREMENTS .............................................................................................. 45 4.10.2. USE CLASS DEFINITIONS ..................................................................................................................... 45 4.10.3. BULK REQUIREMENT AND ACCESSORY USE TABLES BY ZONE .................................................... 45 4.10.4. TABLE 4.1: "GD" GENERAL DEVELOPMENT ZONE USE AND BULK REQUIREMENTS .................. 46 4.10.5. TABLE 4.2: "GD" GENERAL DEVELOPMENT ZONE ACCESSORY USE TABLE ............................... 49 4.10.6. TABLE 4.3: "RSR" RURAL SETTLEMENT RESIDENTIAL ZONE USE AND BULK REQUIREMENTS 50 4.10.7. TABLE 4.4: "RSR" ZONE ACCESSORY USES ...................................................................................... 51 4.10.8. TABLE 4.5: MOBILE HOME PARKS USES AND BULK TABLE ............................................................. 52 4.10.9. TABLE 4.6: "RGZ", "RM1", "RM1c" AND "RM2" RURAL ZONES BULK REQUIREMENTS.................... 53 4.10.10. TABLE 4.7: "RGZ", "RM1", "RM1c", "RM2" RURAL ZONES ACCESSORY USES ................................ 56 4.10.11. TABLE 4.8: LIVESTOCK OPERATION - MINIMUM MUTUAL SETBACK REQUIREMENTS ............... 58 4.10.12. TABLE 4.9: ANIMAL UNIT SUMMARY TABLE ...................................................................................... 59 4 Rural Municipality of Reynolds Zoning Bylaw 4.10.13. TABLE 4.10: "RCI" RURAL COMMERICIAL / INDUSTRIAL ZONE BULK REQUIREMENTS ................ 60 4.10.14. TABLE 4.11: "RCI" ACCESSORY USE TABLE ...................................................................................... 62 4.10.15. TABLE 4.12: MINIMUM SITE REQUIREMENTS FOR CAMPING AND TENTING GROUNDS .............. 63 MAP 1 RM OF REYNOLDS ZONING MAP 5 Rural Municipality of Reynolds Zoning Bylaw PART I - TITLE, INTENT, PURPOSE, RULES OF CONSTRUCTION, DEFINITIONS 1.0. TITLE This By-law shall be known and may be cited as "The Rural Municipality of Reynolds Zoning By-law". 1.1. INTENT AND PURPOSE The regulations established by this by-law are deemed necessary in order to: a. Ensure general conformance with the objectives and policies of the Whitemouth Reynolds Planning District Development Plan 2030; b. Outline the powers and duties of Council, the Development Officer and / or Designated Officer, the landowner and / or developer as they relate to this By-law; c. Regulate the use and development of land and buildings by dividing the Municipality into zones; d. Prescribe permitted and conditional uses for land and buildings in each Zone; and e. Establish procedures for applying for and issuing building / development permits, non-conforming certificates, and zoning memoranda. 1.2. RULES OF CONSTRUCTION The following rules of construction apply to the text of this By-law: a. Words, phrases and terms are as defined within this By-law; b. Words, phrases and terms not defined within this By-law shall be as defined in The Planning Act, Municipal Act, Buildings and Mobile Homes Act, the Building, Electrical or Plumbing By-laws of the Rural Municipality of Reynolds (if any), and other appropriate Provincial Acts and Regulations; c. Words, phrases and terms neither defined within this By-law nor in the Building, Electrical or Plumbing By- laws of the Rural Municipality of Reynolds (if any) or other Acts shall be given their usual and customary meaning except where Council determines the context clearly indicates a different meaning; d. The phrase "used for" includes "arranged for", "designed for", or "occupied for"; e. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and", "or" or "either-or", the conjunction shall be interpreted as follows: i. "and" indicates that all the connected items, conditions, provisions or events shall apply in any combination; ii. "or" indicates that the connected items, conditions, provisions or events shall apply singly or in any combination; and iii. "either-or" indicates that the connected items, conditions, provisions or events shall apply singly, but not in combination; f. The word "includes" or "including" shall not limit a term to the specified examples, but is intended to extend the meaning to all instances or circumstances of like kind or character. 6 Rural Municipality of Reynolds Zoning Bylaw 1.3. DEFINITIONS 1.3.1. Abattoir means a building, structure, or part thereof, used for the slaughtering of animals and related activities. This use may also be referred to as a kill plant. 1.3.2. Abut or abutting means immediately continuous to or physically touching, and when used with respect to a site, means that the site physically touches upon another site or piece of land, and shares a lot line or boundary with it. 1.3.3. Accessory use, building or structure means a use, building or structure on the same zoning site with, and of a nature customarily incidental and subordinate to the principal use or structure. The single exception to the above includes accessory off-street parking facilities which may be permitted to locate elsewhere than on the same zoning site with the building, structure or use served. Accessory uses to residential uses, unless specifically allowed, cannot incorporate residential uses either of a permanent or temporary nature. 1.3.4. Act means The Planning Act and amendments thereto. 1.3.5. Aggregate means quarry minerals that are used solely for construction purposes as a constituent other than in the manufacture of cement and includes sand, gravel, clay, crushed stone and crushed rock (see also Natural resource development). 1.3.6. Aggregate extraction operation means a zoning site including buildings and structures used for the removal, refinement and / or processing of sand, gravel, clay, crushed stone and crushed rock (see also Natural resource development). 1.3.7. Agri-business means a commercial establishment that predominantly provides goods or services to the agricultural sector. Typical uses include new and used implement, farm equipment and machinery sales, service and rental, bulk fuel stations, chemicals for crop protection and production, feed and fertilizer supply operations, livestock auction marts, grain terminals, commercial seed cleaning plants and storage and handling and / or processing for grains, vegetables and other crops. Anhydrous ammonia facilities are not included in this use class. 1.3.8. Agricultural activity means a use of land for agricultural purposes as follows: a. The tillage of land; b. The production and storage of agricultural crops, including hay and forages; c. The production of horticultural crops including vegetables, fruits, tree farming, nurseries, Christmas tree growing / selling operations, sod, greenhouse crops (including greenhouse structures) and other related structures (see also greenhouse / nursery); d. Specialized agricultural operations including strawberry farms and similar uses; e. The operation of agricultural machinery and equipment; f. The process necessary to prepare a farm product for distribution from the farm gate as an accessory use; g. The application of fertilizers, manure, soil amendments and pesticides, including ground and aerial application; h. Agricultural research facilities; i. The storage, use or application of organic wastes for farm purposes; and j. Pasturage, apiculture (keeping of bees), aquaculture, floriculture and similar uses. This Use Class does not include livestock operations or natural resource developments. 1.3.9. Agricultural exhibition grounds means a competitive or non-competitive exhibition of agricultural products and animals, and can include associated food and merchandise vendors, displays, entertainment and amusement. 7 Rural Municipality of Reynolds Zoning Bylaw 1.3.10. Agricultural industry means the processing of raw food and animal products, including milk and cheese, for wholesale or direct sale purposes. This use class does not include kill plants / abattoirs. 1.3.11. Agriculture, specialized means the use of land and sale of floriculture, horticulture including market gardening, greenhouses, research facilities, orchards and tree farming and similar agricultural activities on a private or commercial basis. 1.3.12. Agri-tourism means an agricultural establishment that provides a service to promote and educate the public about farming and agricultural activities. For the purposes of this by-law, an agri-tourism use is considered a main or accessory use, located on the same parcel as the farm and can also include the following uses: bed and breakfast, farm produce retail outlet, corn or hay mazes, petting zoo (subject to the livestock requirements in this By-law), hay rides, sleigh rides, buggy or carriage rides, seasonal activities, events related to the farm including farm tours, eating facilities and like uses. Facilities to provide for farm vacations are considered part of an agri-tourism use (see also vacation farm operation). 1.3.13. Aircraft landing strip / field means any area of land or water that is used or intended for the landing or taking off of aircraft and any appurtenant areas which are used or intended for use of aircraft including landing strips or rights-of-way, taxiways, aircraft storage and tie-down areas, heliports, hangars and other related buildings and open spaces. 1.3.14. Alter or alteration means a change, addition or modification to an existing building and / or structure and which can provide for the increase of the exterior dimensions with respect to height and area. 1.3.15. Alterations, incidental means changes or replacements in the non-structural parts of a building or structure, including but not limited to the following: a. An addition / enlargement / extension on the exterior of a residential building, limited to structures such as an open porches, decks, stairs; b. Alteration of interior partitions in all types of buildings; c. Replacement of, or changes in, the capacity of utility pipes, ducts or conduits; d. Changes or replacements in the structural parts of a building limited to: i. Adding or enlarging windows or doors in exterior walls; ii. Replacement of building facades; or iii. Strengthening the load bearing capacity, in not more than ten percent (10%) of the total floor area, to permit accommodation of a specialized unit of machinery or equipment. 1.3.16. Amusement establishment means a facility within any building, room or area having table games or electronic games played by patrons for entertainment. This Use Class includes arcades but does not include carnivals or indoor participant recreation services. 1.3.17. Anhydrous ammonia facility means an area for the storage of anhydrous ammonia that is commonly used as a fertilizer, including sales and service. 1.3.1. Animal and veterinary service means a development used for the care and treatment of animals where the veterinary services primarily involve outpatient care, minor medical procedures and may include temporary boarding of animals for care and treatment. This Use Class includes pet clinics and veterinary offices. 1.3.2. Animal, domesticated (pet) means any animal that is commonly considered capable of being trained or is capable of adapting to living in a human environment and being of use to human beings, and which is not likely to bite without provocation nor cause death, maiming or illness to human beings, including, by way of example: bird (caged), fish, rodent (bred, such as a gerbil, rabbit, hamster or guinea pig), cat (domesticated), lizard (non-poisonous) and dog. Wild, vicious or exotic animals shall not be considered domesticated. Animals bred, raised or boarded for commercial purposes are not considered pets (see small animal breeding and boarding establishments, animal (other) production operations). 1.3.3. Animal, exotic means, for the purposes of this By-law, any animal not defined as livestock or animal, domesticated (pet). 8 Rural Municipality of Reynolds Zoning Bylaw 1.3.4. Animal housing facility / confined livestock area means a barn or an outdoor, non-grazing area where livestock are confined by fences or other structures (see also livestock operation). 1.3.5. Animal (other) production operation means an operation where animals, other than livestock and exotic animals, as defined in this by-law, are kept for use, propagation or intended for profit. 1.3.6. Animal unit (a.u.) means the number of animals of a particular category of livestock that will excrete 73.00 kg. (160.93 lb.) of nitrogen in a twelve (12) month period. 1.3.7. Apiculture means the keeping and raising in apiaries of honey bees for honey production, crop pollination and bee stock production. 1.3.8. Artisan and craftsman establishment means any business that produces and / or retails articles of artistic quality, effect or handmade workmanship. Examples include candle making, furniture making, glass blowing, weaving, pottery making, woodworking, sculpting, printing and other associated activities. 1.3.9. Asphalt plant means a facility with equipment designed to heat, dry and mix aggregate with asphalt to produce asphalt paving material and includes stockpiling and storage of bulk materials used in the process. 1.3.10. Asphalt plant, temporary means an asphalt plant, as defined above, that is established and listed as an allowable use in a rural, non-residential zone, on a temporary basis, to accommodate requirements for road construction via the approval of a conditional use order. Council may establish operating conditions to address potential impacts on adjacent uses. 1.3.11. Auctioneering establishment means a development specifically intended for the auctioning of goods and equipment, including temporary outdoor / indoor storage of such goods and equipment. 1.3.12. Auctioneering establishment - livestock means a facility intended for the auction sale of livestock, including associated temporary holding pens, manure and other associated facilities. 1.3.13. Automated teller machine (ATM) means a device that dispenses cash and conducts limited banking transactions for customers using a credit card, bank card, or other similar personal banking (see also drive-in). 1.3.14. Automobile service station means a development used for the retail sale of gasoline, other petroleum products, auto accessories, automobile and truck servicing, washing and repairing of vehicles. This use class also includes associated and accessory uses such as eating and drinking establishments, truck stops and similar uses. 1.3.15. Automotive and recreational vehicle (RV) sales, service, rental and repair means a development used for the sale, servicing, renting and mechanical repair of automobiles, motorcycles, snowmobiles, trailers, all-terrain vehicles (ATVs), boats and similar vehicles and / or the sale, installation or servicing of related parts and accessories. This Use Class includes associated and accessory uses including automobile dealerships, mobile home sales, motorcycle and recreational vehicle (RV) sales, transmission shops, muffler shops, tire shops, automotive glass shops, upholstery shops, car washes and similar uses. 1.3.16. Bar / lounge means a structure or part of a structure designed, maintained and operated primarily for the dispensing of alcoholic beverages and may include the selling of food and / or snacks. If the bar / lounge is part of the larger dining facility, it shall be defined as that part of the structure so designated and / or operated. 1.3.17. Basement means that portion of a building between a floor and ceiling that is located partly or completely underground. 1.3.18. Bed and breakfast means a home-based business operated as an accessory use to a single family residential use that provides temporary lodging (other than a hotel or motel) to guests for short periods of time, and that may also provide breakfast and other meals to guests. A bed and breakfast can also form part of an agri-tourism use. 1.3.19. Boarding house means a building or portion thereof (other than a hotel, motel, bed and breakfast or farm vacation facility) used for the purpose of providing meals and lodging for pay or compensation of any kind to persons other than members of the family occupying such dwelling. 9 Rural Municipality of Reynolds Zoning Bylaw 1.3.20. Boathouse means a structure used by the occupants of the premises primarily for the parking or storage of private motorboats / personal watercraft, but does not include living accommodations. 1.3.21. Brew pub means a restaurant type establishment that includes a beer brewery, producing beer and ale products for sale and consumption on-site or, where permitted, for retail carryout sales. Brew pubs can also be accessory uses to hotel establishments, bar / lounges and similar operations. 1.3.22. Broadcast and motion picture studio means a development used for the production or broadcasting of audio and visual programming typically associated with radio, television, motion picture studios and other media. 1.3.23. Building, main or principal means a building in which is conducted the principal use of the site on which it is situated. 1.3.24. Building inspector means the officer, employee or other appointed person of the Rural Municipality of Reynolds charged with the duty of enforcing the applicable municipal by-laws and provincial and national building codes or regulations. 1.3.25. Building / development permit means a permit issued by the municipality authorizing the construction / development or alteration of all or part of any building or structure, excavation, in accordance with the applicable codes and standards. 1.3.26. Bulk means the following: a. The size, including height and floor area, of buildings or structures; b. The area of the zoning site upon which a building or structure 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 and structures 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. 1.3.27. Bulk storage facility means a place for the outdoor storage or tank storage of large quantities of raw materials or industrial related goods such as liquids, fuels, gases, minerals, pipes, gravel, fertilizers and grain. This use does not include anhydrous ammonia facilities. 1.3.28. Business support service means a development used to provide support services to businesses which are characterized by one or more of the following features: the use of minor mechanical equipment for printing, duplicating, binding or photographic processing, the provision of office maintenance or custodial services, office security, and the sale, rental, repair or servicing of office equipment, furniture and machines. Typical uses include printing establishments, film processing establishments, janitorial firms and office equipment rental, sales and repair establishments, which can also be considered accessory uses. 1.3.29. Camping and tenting grounds means a parcel of land planned and improved to accommodate travel trailers, camping trailers, park model trailers, pick-up coaches, motorized homes, tents, tent trailers, park mobile homes or other camping accommodations that are utilized for travel, recreational and vacation uses on a temporary / transient basis. Ownership structure of these facilities can include rental, condominium and bare land condominium ownership and as part of a planned unit development. Other than a dwelling required by an owner-operator, dwellings do not form part of a tenting and campground use (see commercial resort). 1.3.30. Carport means a covered automobile parking space not completely enclosed by walls or doors. A carport is subject to all requirements pertaining to a garage, private or garage, attached. 1.3.31. Cemetery means a development of a parcel of land, primarily a landscaped open space for the entombment of the deceased and may include, as accessory uses, the following: columbaria, crematoria, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such cemetery. 10 Rural Municipality of Reynolds Zoning Bylaw 1.3.32. Child care service means a development licensed by the Province of Manitoba to provide daytime personal care and education to children, but does not include overnight accommodation. Typical uses include day care centres, day nurseries, kindergartens, nursery schools, preschools, play schools and similar uses. 1.3.33. Clinic means a building for the purpose of consultation, diagnosis and treatment of patients by medical doctors, dentists, optometrists, chiropodists, chiropractors and other medical professionals, including qualified assistants. The building may include administrative offices and staff, waiting rooms, laboratories, pharmacies / dispensaries, operating rooms on an out-patient basis and similar uses. 1.3.34. Commercial resort means a commercial recreation establishment which may consist of one or more buildings containing single or multiple-family dwelling units, recreational, and service facilities which are used on an intermittent and seasonal basis. Other facilities which may form part of the resort development as accessory uses include: camping and tenting grounds, hotel, retail uses, eating and drinking establishments, marinas, docks / boat ramps, golf course and other outdoor recreation facilities, game courts, recreation areas, trails and similar uses. Ownership structure of these facilities can include rental, condominium and bare land condominium ownership and as part of a planned unit development. 1.3.35. Commercial school means a development used for training and instruction in a specific trade, skill or service for the financial gain of the individual or company owning the school. Typical uses include secretarial, business, hairdressing, beauty cultures, dancing, music schools and similar uses. 1.3.36. Common elements, means those areas within a Bare land Condominium Plan and Plan of Condominium ordinarily used for: a. Walkways, including bridges intended solely for pedestrian use, areas for parking of vehicles, green space and other common areas; and b. The passage of vehicles, including roads, road allowances, streets, lanes or bridges. For the purposes of this By-law, these areas within a bare land condominium shall be considered: i. A "street" as defined herein where such thoroughfare is greater than thirty-three (33) ft. in width; and ii. A "lane" as defined herein where such thoroughfare is less than or equal to thirty-three (33) ft. in width. 1.3.37. Communal dwelling means a residence(s), including single-family dwellings, associated with a farm operation or other organization carried out on the same or adjacent holding by a religious colony or other association by, on or behalf the occupants of the residence, and includes all associated cooking, eating, living, sleeping and sanitary facilities. Residences accessory to a bona fide farm operation are excluded. 1.3.38. Community / public recreation service means a development for recreational, social or multiple purpose use with or without fixed seats and primarily intended for local community purposes. Typical uses include auditoriums, multi-use halls, community halls and community centres. 1.3.39. Community service club means a non-profit corporation chartered by The Canada Corporation Act or The Manitoba Corporations Act, or an association consisting of persons who are bona fide members paying annual dues, which owns or leases land, a building or a portion thereof, the use of such premises being restricted primarily to meeting, community and related activities. 1.3.40. Conditional use means the use of land or building which may be permitted in a Zone only at the discretion of Council, as provided for in The Act. 1.3.41. Condominium means a condominium as established under the provisions of The Condominium Act. 1.3.42. Condominium, bare land unit means a unit of land defined by delineation of its horizontal boundaries without reference to any buildings on a condominium plan. For the purposes of this by-law, a "bare land unit" is a bare land unit condominium plan, as defined in The Condominium Act, and shall be considered a zoning site. 1.3.43. Contractor service, general means a development used for the provision of building construction, landscaping, concrete, electrical, excavation, drilling, heating, plumbing, paving, road construction, sewer or similar services of a construction nature which requires on-site storage space for materials, construction equipment or vehicles normally associated with the contractor service. Any sales, display, office or technical support service areas shall be accessory to the principal contractor service, general use only. 11 Rural Municipality of Reynolds Zoning Bylaw 1.3.44. Council means the Council of the Rural Municipality of Reynolds. 1.3.45. Custom manufacturing establishment means a development used for small scale on-site production of goods, including associated services. Examples include, but are not limited to: cabinet and custom furniture manufacturing, machine shops, upholstery shops and like uses. 1.3.46. Deck means, for the purposes of this By-law, a platform, either free-standing or attached to a main residential building, other structure or building, but without a roof, that is supported by pillars, posts, or walls. 1.3.47. Density means the total number of dwelling units divided by the total area of land to be developed, expressed in gross acres. 1.3.48. Development means: a. The construction of a building / structure on, over or under land, including works as defined in this By-law; b. The change in the use or intensity of use of a building or land; c. The removal of soil or vegetation from land; and d. The deposit or stockpiling of soil or material on land and the excavation of land. 1.3.49. Development officer / designated employee means the officer appointed by the Council of the Rural Municipality of Reynolds in accordance with the provisions of The Planning Act. 1.3.50. Development / building permit means a permit issued under the Zoning By-law authorizing development, and may include a building permit (see also Building / development permit). 1.3.51. Dock means a platform used for the mooring of one or more private motorboats or other personal watercraft. This use class can include boat ramps and boat launching facilities. 1.3.52. Drive-in means an establishment with facilities for attracting and servicing prospective customers travelling in motor vehicles, which are driven onto the site where the customer may or may not receive service in the vehicle. This use class includes restaurants, coffee shops, ATMs and other similar uses, which can also be established as accessory uses. 1.3.53. Dwelling means a building or portion thereof designed or used for residential occupancy by a single household that includes exclusive sleeping, cooking, eating, sanitation facilities and containing a separate means of ingress and egress. 1.3.54. Dwelling, mobile home means a dwelling unit designed for transportation after fabrication, whether on its own wheels or on a flatbed or other trailer, and which arrives at the site where it is to be occupied as a dwelling complete and ready for occupancy, being on the site on wheels, jacks or similar supports, or on a permanent foundation, and having been built in accordance with C.S.A. building regulations and The Buildings and Mobile Homes Act. For the purpose of this By-law, the removal of the wheels or permanent or semi-permanent attachment of a foundation to a mobile home dwelling shall not change the classification. 1.3.55. Dwelling, modular home means a building assembly or system of building sub-assemblies manufactured in its entirety, or in substantial part, off-site and transported to the point of use for installation on-site, with or without other specified components, as a finished building or as part of a finished building in accordance with C.S.A. building regulations. Modular homes need not have electrical, plumbing, heating, ventilation, insulation or other service systems, but when such systems are installed at the off-site manufacture or assembly point, they shall be deemed a part of such building or system of building assemblies. Modular homes do not include open frame and stick built construction which can be completely inspected on-site. 1.3.56. Dwelling, multiple-family means a building containing three (3) or more dwelling units, each unit designed for and used by not more than one (1) family and may include multiple-storey structures. 1.3.57. Dwelling, ready to move (RTM) means a method of constructing a dwelling unit whereby all of its components have been assembled in an off-site manufacturing facility and transported to a site where it is anchored to a permanent foundation. 12 Rural Municipality of Reynolds Zoning Bylaw 1.3.58. Dwelling, single-family means a detached building designed for and used by not more than one (1) family. 1.3.59. Dwelling, stick built refers to a mode of construction of a residential structure built from boards of lumber and other building materials in which a substantial amount of the required material and construction labour are brought together in final form at the foundation site. 1.3.60. Dwelling, two-family means a detached or semi-detached building designed for and used by not more than two (2) families, each having exclusive occupancy of a dwelling unit. 1.3.61. Dwelling unit means one (1) or more rooms in a building designed for one (1) or more persons as a single housekeeping dwelling unit with cooking, eating, living, sleeping and sanitary facilities. 1.3.62. Dwelling unit, second means an accessory single-family dwelling when located on the same zoning site as the main dwelling and as may be allowed in a Bulk Requirement Table. 1.3.63. Dwelling unit area means the total floor area of the dwelling unit contained within the outside surface of the exterior walls, excluding the basement or other areas that are below grade (see also floor area). 1.3.64. Dwelling, used means a building removed from an off-site foundation and transported to a site where it is anchored to a new and permanent foundation. 1.3.65. Earthen manure storage facility means a structure built primarily from soil, constructed by excavating or forming dikes, and used for storing or treating livestock manure (see also manure storage facility), but does not include: a. A collection basin; b. A field storage site; or c. A temporary composting site for manure. 1.3.66. Eating and drinking establishment means the sale to the public of prepared foods for consumption within the premises or off the site. This use class includes licensed drinking establishments, brew pubs, restaurants, cafes, coffee shops, delicatessens, tea rooms, banquet catering, lunchrooms, drive-in food service, ATMs and other similar uses which may also be established as accessory uses (see also drive- in, brew pub). 1.3.67. Education service means a development which is privately or publicly supported or subsidized involving public assembly for educational, training or instructing purposes, and includes administration offices required for the provision of such services on either the same site or elsewhere on the same zoning site. This Use Class includes public and private schools, community colleges, technical and vocational schools and associated administrative offices and dormitories, which may also be established as accessory uses. 1.3.68. Equestrian establishment means a facility engaged in the training of horses, including the operation of a horse riding academy, horse riding stables and like uses for private use and / or remuneration. 1.3.69. Environmental impact statement means a study prepared in accordance with established procedures to identify and assess the impacts of development on a specified feature or system. 1.3.70. Fabric covered structure means a pre-manufactured structure consisting of wood framing, tubular metal, or tubular plastic frame, covered on the roof and a maximum of three sides with fabric, reinforced plastic, vinyl, or other sheet material intended for storage purposes. 1.3.71. Family means one (1) person or two (2) or more persons voluntarily associated, plus any dependents, living together as an independent, self-governing single housekeeping unit. 1.3.72. Farm building / structure means: a. Associated with and located on land devoted to the practice of farming; b. Used essentially for the housing of equipment or livestock, or the production, storage or processing of agricultural and horticultural produce or feeds, such as barns, produce storage buildings, milking centres, piggeries, poultry houses, grain bins, silos, machinery sheds, farm workshops, feed preparation centres, manure storages, greenhouses and garages not attached to a farm residence; and 13 Rural Municipality of Reynolds Zoning Bylaw c. Having a Low Human Occupancy, as applied to farm buildings, of not more than one (1) person per forty (40) square meters during normal use. 1.3.73. Farm produce outlet means a building or structure where farm produce is sold in season. 1.3.74. Farmers market / outdoor market means a defined area of land where spaces or stalls are rented, leased or provided for the outdoor sales of fresh fruit, produce, food products, meat and fish items, plants and flowers, baker goods, dairy products, crafts and similar products. Accessory uses include necessary buildings and other infrastructure to accommodate these uses. 1.3.75. Fleet service means a development using a fleet of vehicles for the delivery of people, goods or services, where such vehicles are not available for sale or long-term lease. This use class includes taxi and bus services, messenger and courier services. 1.3.76. Flood level means the one hundred (100) year flood level, the level of a known flood exceeding the one hundred (100) year flood or a level as determined to be appropriate by Council, in consultation with the appropriate provincial or other government department having jurisdiction, or an engineer / firm qualified to practice in the Province of Manitoba. 1.3.77. Flood risk area means: a. The land adjacent to a lake, river or stream which is divided into two (2) parts: i. The floodway which includes the area where the majority of floodwaters pass; and ii. The floodway fringe which includes the area outside the floodway which requires approved flood protection measures due to periodic flooding or inundation by floodwaters. b. Upland areas where periodic ponding due to excess precipitation and / or spring melt occurs. 1.3.78. Floor Area (as applied to bulk regulations) means the sum of the gross horizontal areas of the several floors of all buildings and structures on the zoning site, measured from the exterior faces of the exterior walls or from the centreline of party walls. In particular, the floor area of a building or buildings shall include (see also dwelling unit area): a. Basements when used for residential, commercial or industrial purposes, but not including spaces used for storage or the housing of mechanical or central heating equipment, and accessory off-street parking spaces; b. Floor space used for mechanical equipment (with structural headroom of six (6) feet or more) except equipment, open or enclosed, located on the roof; c. Elevator shafts and stairwells at each storey, except shaft and stair bulkheads and exterior unroofed steps or stairs; and d. Penthouses, mezzanines and attics where there is structural headroom of seven (7) feet or more. 1.3.79. Forestry use means the general raising, harvesting and cutting of wood. This use includes sawmills and related uses, including accessory structures. 1.3.80. Fuel tank storage means a tank for the bulk storage of petroleum products or other flammable liquids as part of a retail store or storage tank, which is incidental to the primary use of the premises. Any such structure shall meet all legal requirements as per appropriate Acts / Regulations. 1.3.81. Funeral service means a development used for the preparation of the dead for burial or cremation, and the holding of funeral services. This Use Class includes funeral homes, undertaking establishments, cremation and internment services and related accessory uses. 1.3.82. Game farm means a development where elk, wild boar, bison, etc. are held in captivity, pursuant to The Livestock Industry Diversification Act and The Wildlife Act. This use class also includes petting zoos and similar uses, which can also be established as an accessory use. 1.3.83. Garage, attached means an accessory building used for the parking or temporary storage of private passenger motor vehicles and other personal property which is attached to, and forms part of a dwelling structure and is subject to all yard requirements of the main building. 14 Rural Municipality of Reynolds Zoning Bylaw 1.3.84. Garage, loft means a garage suite dwelling unit located above a detached accessory garage above grade; or a single storey accessory dwelling attached to the side or rear of a detached garage at grade. A garage suite is accessory to a building in which the principal use is a detached single family dwelling unit. A garage suite shall include cooking, food preparation and, sleeping facilities. Plumbing facilities may be connected with the main use or utilize separate wastewater treatment facilities (i.e. separate holding tank) or sewer connection for the exclusive use of the detached unit which are separate from those of the principal dwelling located on the same zoning site, subject to approval. A garage suite shall have an entrance separate from the vehicle entrance to the detached garage, either from a common indoor landing or directly from the exterior of the structure and shall include an emergency second exit for the second floor or as otherwise may be required in the Building Code. 1.3.85. Garage, private or carport means a detached accessory structure used for the parking or temporary storage of private passenger motor vehicles and the incidental storage of other personal property only. Yard requirement applicable to accessory uses / structures apply. 1.3.86. Garden suite means an accessory permanent separate (second) dwelling unit that is not attached to the principal residence, but is located on a lot containing an existing single-family dwelling (see also dwelling unit, second and secondary suite). 1.3.87. Gas bar means a development used for retail sale of gasoline, other petroleum products, incidental auto accessories and can include accessory uses such as car washes, the sale of convenience food items, ATMs and like uses. This use class does not include an automobile service station. 1.3.88. General storage means the general disposition of articles (goods, wares, equipment or merchandise) for safe-keeping or future use. In order to constitute storage, articles must be left outdoors on a parcel for a period exceeding thirty (30) days. Articles appurtenant to the residential use of a property are exempt. 1.3.89. Government service means a development providing municipal, provincial or federal government services directly to the public. Typical uses include government offices, taxation offices, courthouses, postal distribution offices, correctional centres and jails, manpower and employment offices, social services offices and similar uses. 1.3.90. Grade, building lot means the average level of finished ground within three (3) feet of a building or structure at all exterior walls, as applied to the determination of building or structure height, and as determined by the Development Officer. 1.3.91. Greenhouse / nursery means a structure and / or associated land and accessory uses that are used for the sale of or growing of sod, bushes, trees, vegetables or other gardening, landscaping or orchard stock, including wholesale operations. 1.3.92. Group home means a residence that is licensed under an Act of the Parliament of Canada or the Province of Manitoba for the accommodation of less than five (5) persons, exclusive of staff or receiving family, living under supervision in a single housekeeping unit and who, by reason of their emotional, mental, social or physical conditional, or legal status, require a group living arrangement for their well- being. 1.3.93. Group residence means a group home for five (5) or more residents. 1.3.94. Height means: a. With reference to buildings and structures, including accessory structures, the vertical distance measured from grade to the highest point of the roof surface; and b. With reference to landscaping, fencing and landscape walls, means the vertical distance between the average level of finished grade within three (3) feet of the landscaping, fencing and landscaping walls and the top of such structures. 1.3.95. High water mark (normal) means the high water mark identified on a Plan of Subdivision, Plan of Survey or a Director of Survey Plan as may be filed in the Land Titles Office. Where such information is unavailable, the high water mark means the point where the presence and action of the water are so common and usual and so long continued in all ordinary years as to mark upon the soil of the bed of the water course or lake a character distinct from that of the banks thereof in respect to vegetation as well as in respect to the nature of the soil itself. 15 Rural Municipality of Reynolds Zoning Bylaw 1.3.96. Hobby farm (see residential related farm). 1.3.97. Home business means a small business or enterprise, which may include such uses as retail sales, contractor yards or small trucking enterprises, which may be permitted on a zoning site or in a dwelling, when accessory, secondary and incidental to the principal residential use of the zoning site or dwelling and when owned and operated by the occupant of the dwelling. A home business may include hired employees (see also home industry and home occupation). 1.3.98. Home day care means the provision of child care services (see child care services) in a family dwelling unit in which the owner or tenant resides to children, including the children of the owner or tenant, not over twelve (12) years of age. The number children shall not exceed eight (8), with access to an outdoor recreation area. All such operations must comply with appropriate provincial regulations. 1.3.99. Home industry means non-offensive light manufacturing activities that may be permitted as a secondary use in addition to the principal use, subject to the following criteria: a. The principal use on the site shall be established as agricultural with a residence and be the permanent residence of the owner / operator; b. Is carried on by the members of the residential unit and may include the employment of other persons; c. The second use will not generate unacceptable amounts of noise, odour or traffic, create unsightly appearances or other disturbances that may be deemed by Council as unsuitable; and d. The proposed will not create a potential for conflict with activities that would normally occur in the affected Zone. Home industries shall generally include, but not be limited to, the following: farm-related sales and service, machinery and auto repair, welding, carpentry and other trades and similar uses directly serving the rural population. 1.3.100. Home occupation means a use which (see also home business, home industry): a. Is carried on in a dwelling unit or mobile home or its permitted accessory building; b. Is carried on solely by the members of the residential unit without the employment of other persons; c. Is incidental to or secondary to the use of the dwelling unit or mobile home; d. Has no exterior display, no exterior storage of materials, and no other exterior indication of the home occupation or variation of the residential character of the principal or accessory building, except as may be provided for in the By-law; e. In the opinion of the Council is not offensive, obnoxious or creates a nuisance; and f. Does not cause the generation of undue traffic and congestion in the neighbourhood; and Home occupation uses shall generally include, but not be limited, to the following: home day care services; business, professional or organization offices; crafts and hobbies; private tutoring or lessons; hair stylists; massage therapy and other like uses. 1.3.101. Hotel means a building or part thereof wherein accommodation is provided for transient lodgers in any individual room or apartment, with or without cooking facilities, including motels, motor inns, tourist lodges and similar uses. Permitted accessory uses include: restaurants, licensed beverage rooms, brew pubs, banquet halls, ballrooms, amusement establishments and meeting rooms. 1.3.102. Indoor participant recreation service means a development providing facilities within an enclosed building for sports and active recreation where patrons are predominately participants. Typical uses and accessory uses include athletic clubs, health and fitness clubs, curling, roller-skating and hockey rinks, swimming pools, bowling alleys, paintball games, racquet clubs and similar uses. 16 Rural Municipality of Reynolds Zoning Bylaw 1.3.103. Industrial, general means processing and manufacturing uses which are considered a more intensive use than an Industrial, light use as defined in this By-law, including the manufacturing of products from extracted or raw materials, recycled and secondary materials and including the bulk storage and handling of such products and materials. This classification includes: food manufacturing, beverage and tobacco product manufacturing, textile mills, textile product mills, apparel manufacturing, leather and allied product manufacturing, wood product manufacturing, chemical manufacturing, plastics and rubber products manufacturing, non-metallic mineral product manufacturing, primary metal manufacturing, fabricated metal product manufacturing and similar uses. 1.3.104. Industrial, light means processing and manufacturing uses, provided that they do not create unusual fire, explosion or safety hazards, noise in excess of average intensity of street and traffic noise in the area in question; they do not emit smoke, dust, dirt, toxic or offensive odours or gas and there is no production of heat or glare perceptible from any adjacent site. Typical uses include automotive / truck body repair and paint shops, commercial manufacturing and research facilities, truck terminals and like uses. This use class also includes storage, repair, servicing or loading trucks, transportation trailers and / or buses, automotive repair, eating and drinking areas, gas bar, retail sales, and service station as accessory uses. 1.3.105. Industrial vehicle and equipment sales / service / rentals means a development used for the sale, rental and repair of heavy vehicles, machinery or mechanical equipment typically used in building and roadway construction, manufacturing, assembly and processing operations and agricultural production. 1.3.106. Information technology use means the development, design, manufacture, packaging, storage or shipping of computer software, web hosting and data processing service and the design or research of computer, electronic and communication equipment. Uses such as server farms and like uses are included in this definition. 1.3.107. Institutional residence means a development which is intended for the training, treatment, rehabilitation, housing, care and / or supervision of persons requiring medical assistance. This use class includes nursing homes, personal care homes, senior citizen homes, residential care homes, rehabilitation homes and similar uses. 1.3.108. Lane means a street not over thirty-three (33) feet in width (see also common elements). 1.3.109. Livestock means animals or poultry not kept exclusively as pets, excluding bees, and, for the purpose of this By-law, limited to the following animals: alpaca, bison (plains and wood), cattle, horses (which may also be part of an equestrian establishment), chickens, chinchilla, ducks, emu, geese, goats, mink, llama, ostrich, pigs, rabbits, sheep, turkeys and wild boar. 1.3.110. Livestock housing facility / confined livestock area means a barn or an outdoor, non-grazing area where livestock are confined by fences or other structures (see also livestock operation). 1.3.111. Livestock operation means a permanent or semi-permanent facility or non-grazing area where livestock (see section 1.3.109.) producing ten (10) a.u. or more, are kept or raised, either indoors or outdoors, and includes all associated manure storage facilities. This use class includes feedlots, paddocks, corrals, exercise yard and holding area. The following are not included: a. An operation for the slaughter or processing of livestock; b. An operation for the grading or packing of livestock or livestock products; c. An operation for transporting livestock or livestock products; d. A livestock auction mart; e. An agricultural fair; and f. A livestock sales yard where livestock are kept for no longer than three (3) days. 1.3.112. Loading space means an off-street space or berth on the same zoning site with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or material and which has access to a street, lane or other appropriate means of access. 17 Rural Municipality of Reynolds Zoning Bylaw 1.3.113. Manufacturing facility means a facility in which the main use is the production, compounding, processing, crating, bottling, packing, or assembling of raw or pre-processed materials including refining, smelting, forging, stamping, blanking, punch-pressing or the manufacturing of chemical products. 1.3.114. Manure storage facility means a structure, earthen manure storage facility, molehill, tank or other facility for storing manure or where it is stored, and includes any permanent equipment or structures in or by which manure is moved to or from the storage facility, but does not include: a. A field storage site; b. A vehicle or other mobile equipment used to transport or dispose of manure; c. A gutter or concrete storage pit used to store liquid or semi-solid manure for less than thirty (30) days; d. A collection basin; or e. A composting site for manure or mortalities. 1.3.115. Medical treatment service means a development providing room, board, surgical and other medical treatment for the sick, injured or infirm including outpatient services and accessory staff residences. Typical uses include hospitals, sanatoriums, nursing homes, convalescent homes and similar uses. 1.3.116. Mini warehouse and self-storage means a totally enclosed and fenced facility that provides storage space to the general public on a for-hire basis. Mini warehouses and self-storage areas also include storage for recreational vehicles (RVs), boats and other vehicles. No other business or service may be allowed to operate out of a rented storage space. 1.3.117. Mobile home park means any premises which is designed for residential use and the accommodation to two (2) or more mobile homes or factory-built houses as one-family dwellings, whether or not a charge is made for such accommodation. Sites can either be rented or established in accordance with the subdivision process as individual lots or condominium units. 1.3.118. Mobile home site means a zoning site in a mobile home subdivision for the placement of a mobile home and, where permitted, the placement of a factory-built house. 1.3.119. Motel means a building or part thereof, not over two (2) storeys in height wherein sleeping accommodation is provided for transient lodgers and in which there is an exit from each room or suite of rooms directly to the outdoors with access to grade level (see also hotel). Accessory uses can include restaurants, bars and lounges, brew pubs, banquet halls, ballrooms and meeting rooms, which can also be accessory uses. 1.3.120. Natural resource development means a development for the on-site removal, extraction, washing, crushing, mixing and primary processing of raw material found on or under the site, or accessible from the site. Typical uses in this class include gravel pits, sandpits, quarries and stripping of topsoil and peat moss. 1.3.121. Non-conforming use means any lawful use of a building, structure or land, or portion thereof, which does not conform to any one (1) or more of the applicable use requirements of the Zone in which it is located, either on the effective date of this By-law, or amendments hereto (also referred to as a non- conformity). 1.3.122. Non-conforming building or structure means any lawful building or structure that does not comply with one (1) or more of the applicable site requirements on the effective date of this By-law or amendments hereto (also referred to as a non-conformity). 1.3.123. Non-conforming site or parcel means any lawful site or parcel of land that does not comply with the site area, width or depth requirements of this By-law, or amendments hereto, and was on record in the Land Titles Office and in separate ownership prior to the effective date of this By-law, or amendments hereto (also referred to as a non-conformity). 18 Rural Municipality of Reynolds Zoning Bylaw 1.3.124. Nuisance means, when used with reference to a development, a use which, by its nature, or from the manner of carrying on the same, creates or is liable to create by reason of noise, vibration, smoke, dust or other particular matter, odour, toxic or non-toxic matter, radiation hazards, fire or explosive hazards, heat, glare, unsightly storage of goods, materials, salvage, junk, waste or other materials, a condition which in the opinion of Council may be or become hazardous or injurious in regards to health or safety, or which adversely affects the amenities of the neighbourhood or interferes with or may interfere with the normal enjoyment of any land, building or structure. 1.3.125. Outdoor amusement establishment means a permanent commercial development providing facilities for entertainment and amusement activities which primarily take place out of doors and where patrons are primarily participants. Typical uses include amusement parks, outdoor concert facilities, go-cart tracks, racetracks, moto-cross and all-terrain vehicles (ATVs), miniature golf and similar uses. 1.3.126. Outdoor participant recreation service means a development providing facilities that are available to the public at large for sports and active recreation conducted outdoors. Typical uses include golf courses, driving ranges, ski hills, water slides, sports fields, skate board parks, rock climbing facilities, outdoor tennis courts, unenclosed ice surfaces or rinks, athletic fields, boating facilities, outdoor swimming pools, bowling greens, paintball games, shooting ranges, fitness trails and similar uses, including required buildings and storage structures, which can also be considered accessory uses. 1.3.127. Outfitting operation means any land or premises equipped with cottage dwelling(s) used or maintained for accommodation of the public for outdoor recreation purposes related to hunting, fishing and nature pursuits. 1.3.128. Owner means a person who is owner of a freehold estate in the municipality and includes a person who is an owner jointly with another person, and a person who is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act. 1.3.129. Parking area, private means an open area of land other than a street or lane or an area within a structure used for the parking of vehicles. 1.3.130. Parking area, public means a parking area used for the temporary parking of vehicles and is available for public use whether free, for compensation or as an accommodation for clients, customers, employees or visitors. 1.3.131. Parking space means a space on a parking area, public parking area or zoning site for the temporary parking or storage of a vehicle. A parking space shall be a minimum of ten (10) feet in width and twenty (20) feet in length and shall have adequate provision for vehicular entry, exit and maneuverability. 1.3.132. Park model trailer means a manufactured building used or intended to be used as a seasonal recreational building for residential occupancy designed and constructed in conformance with CAN / CSA-Z241 Series M - Park Model Trailers. Establishment of park model trailers shall require the application of and approval of a development permit. 1.3.133. Party wall means a wall forming part of a building and used for separation of adjoining buildings occupied, constructed or adapted to be occupied by different persons or businesses. 1.3.134. Patio means a structure with either a solid or open roof not exceeding fifteen (15) ft. in height covering a platform of deck area which is accessory to a residential or commercial use. Patio covers may be detached or attached to another building or structure. 1.3.135. Permitted use means the use of land, buildings or structures provided in this Zoning By-law for which a building / development permit shall be issued upon the application having been made, if the use meets all the requirements of this By-law. 1.3.136. Personal care home means a multiple-unit dwelling or building containing individual rooms where people live and are dependent on personal care, including assisted living developments. 1.3.137. Personal service shop means a building or part of a building in which persons are employed in furnishing services and otherwise administering to the individual and personal needs of persons without limiting the generality of the foregoing. This use class includes barber shops, beauty parlors, hair- dressing shops, coin-op laundry, valets and depots for collecting dry cleaning and laundry and similar uses which can also be considered accessory uses. 19 Rural Municipality of Reynolds Zoning Bylaw 1.3.138. Pet cemetery means a development of a parcel of land for the burial of animals, domesticated (pet), including associated structures. 1.3.139. Place of assembly means a public or privately owned auditorium, hall or similar facility developed for the purpose of accommodating groups of persons for meetings, exhibitions, shows, trade fairs, public meetings, banquets, conference meetings and similar activities. 1.3.140. Planned unit development means a land development project planned as an entity in accordance with a unitary site plan that permits flexibility in siting of buildings, mixture of land uses, lot sizes, useable open spaces and can include the preservation of significant natural features appropriate to the Zone where such use is located. 1.3.141. Private club means a development used for the meeting, social or recreational activities of members of a non-profit philanthropic, social service, athletic, business or fraternal organization, without on-site residences. Private clubs may include rooms for eating, drinking and assembly. 1.3.142. Processing use means a development used for the extraction, treatment, preparation, packaging, transportation, handing and storage of raw materials and other minerals. Typical uses include concrete batching plants, water bottling plants and like uses, including all accessory structures and facilities associated with the collection, extraction, storage, transfer and transportation requirements. 1.3.143. Professional, financial and office support service means a development primarily used for the provision of professional management, administration, consulting and financial services. Typical uses include lawyer, accountant, engineer and architect offices; real estate and insurance firm offices; clerical, secretarial, employment, call services and similar office support services; banks, credit unions, loan offices and similar financial uses; general office / administration buildings and other similar uses, which can also be considered as accessory uses. 1.3.144. Protective and emergency service means a development which is required for the public protection of persons and property from injury, harm or damage together with the incidental storage of emergency equipment and vehicles. Typical uses in this class include police stations, fire stations, ambulance services and ancillary training facilities, which can be considered accessory to the main use. 1.3.145. Public building means a building owned and operated by a public entity, including provincial, federal and municipal governments, for recreational, cultural and administrative purposes. 1.3.146. Public facility means facilities that are open to, and serve the general public, including medical and health-related offices, parks, recreation complexes, community centres, and like public uses. 1.3.147. Public / private library and cultural exhibit means a development for the collection of literary, artistic, musical and similar reference materials in the form of books, manuscripts, recordings and films for public use; or a development for the collection, preservation and public exhibition of works or objects of historical, scientific or artistic value. Typical uses include libraries, museums, art galleries and similar uses, which can also be considered accessory uses. 1.3.148. Public park / recreation area means a development of public land specifically designed or reserved for the general public for active or passive recreational use and includes all natural and human-made landscaping, facilities, playing fields, buildings and other structures that are consistent with the general purposes of public 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, interpretive centres, picnic grounds, pedestrian trails and paths, landscaped buffers, playgrounds, water features, public docks, boat launching facilities, amphitheaters, athletic fields and similar uses. 1.3.149. Public utility service means any system, works as defined in this By-law, plant, pipeline, equipment / buildings or services and facilities available at approved rates to or for the use of the public, and includes all such carried on by or for the owner of a public utility or a Municipality or the Province of Manitoba. Typical uses include sanitary landfill sites, sewage treatment plants, sewage lagoons, garbage transfer and compacting stations, composting sites, water treatment plants, lift stations, waste recycling plants, communication facilities including telephone, wireless or television and like uses, but does not include solar energy and wind generation stations / systems. 1.3.150. Quarry, aggregate, mineral and topsoil extraction means an area, pit or quarry from which aggregate, stone, minerals, including peat and soil, are removed / extracted. 20 Rural Municipality of Reynolds Zoning Bylaw 1.3.151. Rapid-drive through vehicle service means a development providing rapid cleaning, lubrication, maintenance or repair services to motor vehicles, where the customer typically remains in the vehicle or waits on the premises. Typical uses include automatic or coin operated car and truck washes, rapid lubrication shops or specialty repair establishments, which can also be considered accessory uses. 1.3.152. Recycling / waste collection centre (private) means a use that serves as a drop-off point for temporary storage and processing of recoverable resources such as newspapers, glassware, plastics, and metal cans. This use category does not include a salvage yard. 1.3.153. Religious facility means a building / structure for place of worship and related activities. Typical uses include churches, chapels, mosques, temples, synagogues, convents and monasteries. Accessory uses can include associated schools, day-care facilities, parish halls, and like uses. Associated cemeteries are not considered part of a religious facility and require the approval of a conditional use as may be listed in the Bulk Requirement Tables. 1.3.154. Repair means the renewal or reconstruction of any part of an existing structure for the purpose of its maintenance or restoration. 1.3.155. Repair service, household means a development used for the provision of repair services to goods, equipment and appliances normally forming part of a household. This use class also includes electrical, plumbing, heating, painting, radio, television and appliance repair shops, furniture refinishing, upholstery shops and similar uses as well as the accessory sale of goods, where all materials are kept within an enclosed building. 1.3.156. Residential care facility means the use of a building for the purpose of providing lodging, meals, care and supervision or transitional services to persons not related by blood, marriage or adoption to the operator nor to each other. 1.3.157. Residential-related farm means a development for small scale, residential-related agricultural pursuits that are accessory to rural residential / general development residential uses (also referred to as a hobby farm). This Use Class shall be developed so that it will not unduly interfere with the general enjoyment of adjacent property and on which an apiary can be established and livestock can be kept for personal use only, including limits on the number of livestock to a maximum as provided for in the appropriate Bulk Requirement Table. 1.3.158. Retail sales / service / repair means developments used for the following: a. Sale of goods and services including, but not limited to: warehouse sales / storage, groceries, clothing, drugs, pharmaceutical and personal care items, furniture and appliances, building supply / hardware / lumber, automotive parts and accessories, printed matter, confectionary, tobacco, beverages, including sales of alcoholic beverages, bakeries, catering services and associated service / repair, which may also be considered accessory uses; b. Associated services and repair including postal, film processing, movie rentals and similar uses; and c. Outdoor storage of goods as part of the retail operation, including lumber. Developments used for the sale of gasoline (automobile service station, gas bar), automotive and recreational vehicle (RV) sales, service, rental and repair, agri-business, industrial vehicle and equipment sales and sexually oriented businesses are not included in this use class. 1.3.159. Salvage operation / yard means an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to: metals, paper, rags, rubber tires and bottles. This Use Class includes an automobile wrecking or dismantling yard and includes such uses established entirely within an enclosed building. Accessory uses can include related activities including body shops and similar uses. 1.3.160. Secondary suite means: a. A private, self-contained unit within a dwelling, including a basement suite, occupied by only one (1) family. A secondary suite shall contain associated bathroom facilities, kitchen, living and sleeping areas, but it can share a number of features with the rest of the house. Shared facilities may include a yard, parking area, a hallway, laundry and storage space; and 21 Rural Municipality of Reynolds Zoning Bylaw b. A basement suite must meet all building code requirements with respect to windows and access requirements. 1.3.161. Separation distance means a distance to be maintained between two (2) uses, measured from the nearest points of any affected structure. For example, the separation distance from a livestock operation to a dwelling not part of the operation would be measured from the nearest of all structures of the livestock operation, including accessory buildings and manure storage structures, to the limits of the dwelling unit and not from the limits of each respective holding / zoning site. 1.3.162. Sexually oriented business means any sex parlour, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel or other commercial enterprise where the primary business is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. 1.3.163. Shipping containers means an article of transportation equipment, including one that is carried on a chassis, that is strong enough to be suitable for repeated use and is designed to facilitate the transportation of goods by one (1) or more means of transportation and includes, but is not limited to: intermodal shipping containers, bodies of transport trailers or straight truck boxes, but does not include a motor vehicle used as an accessory storage structure. 1.3.164. Shopping centre / strip mall means a group of commercial establishments planned, developed and managed as an integrated unit. These can include, but not be limited to, groups of stores, services, associated facilities, eating establishments, business support offices, financial institutions, warehouse sales and similar commercial uses utilizing common facilities such as parking, landscaping, signing and loading areas. Separate buildings and parcels of land may be considered as part of the shopping centre / strip mall if they are served by mutual parking and other agreements. Each separate business / use, as part of a shopping centre / strip mall, will need to show compliance with Bulk Table requirements with respect to listed permitted / conditional uses for the affected zone. 1.3.165. Sign means any writing (including letter, word or numeral), pictorial representation (including illustration or decoration), emblem (including device, symbol or trademark), banner, pennant or any other figure of similar character which is a structure or any part thereof, or is attached to, painted on or in any other manner represented on or in a building or other structure and is used to identify, direct attention to, or advertise. 1.3.166. Site, area means the computed area contained within the site lines of a zoning site. 1.3.167. Site, corner means a site situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred and thirty-five (135) degrees. 1.3.168. Site coverage means the combined area of all buildings or structures on the site as a percentage of the site area, measured at the level of the lowest storey above grade, and including all enclosed and insulated decks, sunrooms, porches and verandas, but excluding seasonal non-insulated structures, open or covered, such as decks, screened porches or verandas, patios at grade, steps, uncovered walks, wheel chair ramps, cornices, eaves and similar projections. 1.3.169. Site, frontage means all that portion of a site fronting on a street and measured between side site lines. 1.3.170. Site, interior means a site other than a corner site or a through site. 1.3.171. Site, key means the first site to the rear of a reversed corner site. 1.3.172. Site line definitions are as follows: a. Front site line means that boundary of a site located along an existing or designated street, public road, lane or right-of-way. For a corner site the Development Officer may select the front site line, except where an interior site abuts the corner site, in which case the front site line shall be that line which is the continuation of the front site line of the interior site; b. Rear site line means that boundary of a site which is most nearly parallel to the front site line and in the case of a site in which the side site lines intersect, such as a triangular site, a line ten (10) feet in length within the site, parallel to and at the maximum distance from the front site line; and c. Side site line means any boundary of a site which is not a front or rear site line. 22 Rural Municipality of Reynolds Zoning Bylaw Where an irregular shaped site cannot have its site lines defined herein, the front, rear and side site lines shall be determined by the Development Officer / designated employee. 1.3.173. Site requirements means some or all of the following: a. The area of the zoning site upon which a building is located, and / or the number of dwelling units or rooms within such building in relation to the area of the zoning site; b. The location of exterior walls of buildings in relation to site lines, other walls of the same building, legally required windows, and / or other buildings; c. All open areas relating to buildings or structures and their relationship thereto; and / or the size, including height and floor area, of buildings or structures. 1.3.174. Site, reverse corner means a corner site, the flanking street site line of which is substantially a continuation of the front site line of the first site to its rear. 1.3.175. Site, width as it pertains to sites rectangular in shape, means the horizontal distance between the side site lines. For all other sites, including pie-shaped and other irregular shaped sites, the site width shall be determined by the council, development officer or designated employee. For the purposes of this zoning bylaw, Council approval of the subdivision which creates the parcel shall be considered deemed approval of the site width. 1.3.176. Site, zoning means a parcel of land with frontage on a street, lane, right-of-way, or access by other legal means and of at least sufficient size to provide the minimum requirements for use, area, and required yards. A zoning site can include two (2) or more lots / parcels / certificates of title where a building straddles all or parts of these lands. In this case, only the minimum yard requirements of the periphery of the structure to the limits of the combined holding need to be met. 1.3.177. Small animal breeding and boarding establishment means a development used for the breeding, boarding or training of small animals normally considered as animals, domesticated (pets) as defined in this By-law. Typical uses include kennels and pet boarding, pet day-care and similar uses, which may also be considered accessory uses. 1.3.178. Solar energy generation station / system means a device or group of devices that convert solar energy into electrical energy for generation of power for sale by a public or commercial enterprise, including all associated accessory facilities. 1.3.179. Solar energy generation, private use means an accessory, small-scale device or group of devices that converts solar energy to electrical energy for primarily private residential, commercial or industrial use. 1.3.180. Spectator entertainment establishment means a development providing facilities within an enclosed building specifically intended for live theatrical, musical or dance performances; or the showing of motion pictures. Typical uses include auditoria, cinemas and theatres. 1.3.181. Storage compound means a development used exclusively for temporary outdoor storage of goods and materials. Where such storage of goods and materials requires the erection of permanent structures or the material alteration of the existing state of the land, these will be considered an accessory use. Automobile wrecking and recycling facilities and salvage yards are not allowed in this use class. 1.3.182. Street means a public roadway having a right-of-way greater than thirty-three (33) feet in width that affords the principal means of access to abutting land. 1.3.183. Structure means anything constructed, built or erected with a fixed location on or below the ground, or attached to something having a fixed location on the ground and includes buildings, walls, fences, signs, billboards, poster panels, light standards and similar items. 1.3.184. Sunroom means an accessory structure attached to a residence that is designed with a roof and walls that allows sunlight to warm the interior. 1.3.185. Surface water means a body of flowing or standing water, whether naturally or artificially created, including but not limited to: a lake, river, creek, spring, drainage ditch, roadside ditch, reservoir, swamp, wetland and marsh, including ice on any of them, but not including a dugout on the property of an agricultural operation. 23 Rural Municipality of Reynolds Zoning Bylaw 1.3.186. Swimming pool / hot tub, private means an artificially constructed basin, lined with concrete, fiberglass, vinyl or like material that is capable of containing a water depth greater than twenty-four (24) inches and that is located on the property of a residential use. 1.3.187. Transport terminal means a development where commercial passenger vehicles pick up and discharge fare-paying passengers. This use can be accessory to an automobile service station, eating and drinking establishments and like uses. 1.3.188. Travel trailer, including motor homes, tent trailers, and similar vehicles means a self-propelled vehicle or vehicles without motive power designed to be drawn by a motor vehicle to be used as a transient living accommodation, facility for travel, recreation, business, trade, vacation and construction work, which is designed for frequent moves, but not for long term residential occupation. Travel trailers are capable of being licensed under The Highway Traffic Act. 1.3.189. Trucking operation means the use of land, buildings or structures for the purpose of storing, repairing, servicing or loading of trucks, transportation trailers and / or buses. This use class includes automotive repair, eating and drinking areas, gas bar, retail sales and service stations, which can be considered accessory uses. 1.3.190. Use means: a. Any purpose for which a building or other structure or parcel of land may be designed, arranged, intended, maintained or occupied; or b. Any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a parcel of land. 1.3.191. Vacation farm operation means an accessory development to a farm operation that provides temporary accommodations with or without meals to the travelling public for remuneration. This use class includes tourist campsites, lodges and sites for motor homes and / or travel trailers. 1.3.192. Warehouse means: a. A building or structure used for or intended to be used for the bulk storage and distribution facilities of goods, merchandise or material; and / or b. A building intended for the wholesale storage or distribution of goods or products with associated retail sales. 1.3.193. Wayside pit and quarry means a temporary pit or quarry opened and used by a public road authority solely for the purposes of a project such as a road construction contract that is not located on the road right-of-way. 1.3.194. Wind energy generation station / system means a device or group of devices such as wind chargers, windmills, or wind turbines, including towers, that convert wind energy into electrical energy for generation of power for sale by a public or commercial enterprise, including all associated accessory facilities. 1.3.195. Wind turbine, private use means a small scale wind turbine generator tower that converts wind energy to electrical energy for primarily private residential, commercial or industrial use, including all associated accessory facilities. 1.3.196. Works means all buildings, walls, bridges, trestlework, dams, canals, locks, tunnels, subways, wharves, piers, ferries, viaducts, aqua-ducts, embankment of streams, ditches, culverts, drains, sewers, vaults, mines, wells, roads, pavements, sidewalks, pathways, pedestrian decks or tunnels, street railways, towers, poles, lines and equipment of transportation, telephone, hydro or transit systems, harbours, docks, booms, excavations and fabric made, built, constructed, erected, enlarged, repaired, improved, formed or excavated by means of, or with the aid of, human skill and human, animal or mechanical labour. 1.3.197. Yard means an open area, on the same zoning site containing a building or structure which is unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted, as specified in the Bulk Requirement Table for the affected zone and includes the following, and as illustrated in the sketch below: 24 Rural Municipality of Reynolds Zoning Bylaw a. Required yard means a yard extending along a site line to a depth or width measured from the site line; b. Required front yard means a yard extending along the full length of the front site line between the side site lines; c. Required rear yard means a yard extending along the full length of the rear site line between the side site lines; d. Required side yard means a yard extending along the side site line from the front yard to the rear yard. PART II - ADMINISTRATION 2.0. SCOPE This By-law shall be in full force and effect when it is given third reading by the Council of the Rural Municipality of Reynolds. 2.1. AREA AFFECTED The Area to which the Zoning By-law shall apply shall be all of the Rural Municipality of Reynolds. 2.2. INTENT AND PURPOSE The regulations and provisions established by this By-law are deemed necessary in order to: a. Implement the objectives and policies of the Whitemouth Reynolds Planning District Development Plan 2030; b. Define and limit the powers and duties of the Council, the Development Officer and / or the Designated Officer; and c. To regulate the following: i. All buildings and structures erected hereafter; ii. All uses of buildings, structures and land established hereafter; iii. All structural alterations and relocations of existing buildings and structures occurring hereafter; iv. All enlargements or additions to existing buildings, structures or uses; and v. All changes of use of land, buildings or structures. 2.3. RESPONSIBLE AUTHORITY The authority responsible for the enactment of this By-law shall be the Council, in accordance with the provisions of The Act. Subject to the provisions of The Act, the regulations, restrictions and boundaries set forth in this By-law may, from time to time, be amended, supplemented, changed or repealed. 2.4. RESPONSIBILITIES OF COUNCIL Subject to the provisions of The Act, the Council is responsible for: a. Considering the adoption or rejection of proposed amendments or the repeal of this By-law; b. Administering and enforcing the provisions of this By-law and the provisions of The Planning Act, where applicable; c. Considering the adoption of amendments to or the repeal of this By-law; d. Considering and issuing variance orders; e. Approving or rejecting conditional use applications, and may revoke the authorized conditional use for any violation of any additional conditions imposed by it; and f. Establishing a schedule of fees via a special By-law. 2.5. AMENDMENTS 2.5.1. PROCEDURE Subject to the procedure required under The Act, an amendment may be initiated by a resolution of intention by the Council, or by application of one (1) or more owners of the property or their agents within the area proposed to be changed. An application to amend the Zoning By-law, together with all required information and fees, shall be made on a prescribed form to Council. 26 Rural Municipality of Reynolds Zoning Bylaw 2.5.2. DECISION OF COUNCIL If Council approves the application, it shall proceed with the adoption of the amendment in accordance with the provisions of The Act and shall include a public hearing 2.5.3. OBJECTIONS When an objection to a Zoning By-law or amendment is received subsequent to second reading having been given, a further objection may be filed with the Whitemouth Reynolds Planning District Board as required in The Planning Act. 2.5.4. DEVELOPMENT AGREEMENTS Where an application is made for the amendment of this By-law Council may require the owner to enter into a zoning / development agreement. Development agreements may be registered in the Land Titles Office in the form of a caveat on the title and may be discharged when the requirements or conditions of the agreement have been met. 2.6. CONDITIONAL USES 2.6.1. INTENT The development and execution of this By-law is based upon the division of The Area into zones, within which zones the use of land, buildings and structures in relation to the land are substantially compatible. 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 of the impact of those uses upon neighbouring land and of the public need for the particular use at the particular location. 2.6.2. APPLICATION An application for a conditional use order shall be processed and approved or rejected in accordance with the provisions of The Planning Act and shall include a public hearing. 2.6.3. FILING AN APPLICATION An application for a conditional use order shall be made to Council or the designated employee or officer and must be in the form and accompanied by a site plan and any supporting material and fees required by Council. 2.6.4. DECISION An application for a conditional use order shall be processed and approved or rejected in accordance with the provisions of the Planning Act. 2.6.5. EXPIRY OF CONDITIONAL USE APPROVAL The approval of Council in accordance with the provisions of The Planning Act shall expire and cease to have any effect if it is not acted upon within twelve (12) months of the date of the decision. The conditional use order may be extended for an additional period not longer than twelve (12) months, if an application for extension is received before the initial deadline. 2.6.6. EXISTING CONDITIONAL USE Where a use is classified as a conditional use under this By-law or amendments hereto and legally exists as a permitted or conditional use at the date of the adoption of this By-law or amendments hereto, it shall be considered as an existing conditional use. 2.6.7. CHANGES TO AN EXISTING CONDITIONAL USE Any change in a conditional use shall be subject to the provisions of this section and the appropriate provisions of The Planning Act. 2.6.8. REVOKING A CONDITIONAL USE PERMIT Council may revoke an approved conditional use permit for a violation of any conditions imposed. 27 Rural Municipality of Reynolds Zoning Bylaw 2.7. VARIANCE ORDERS 2.7.1. APPLICATION Any person may apply for an order varying specific provisions of the By-law in accordance with the provisions of The Planning Act. 2.7.2. FILING AN APPLICATION An application for a variance order shall be made to Council, the designated employee or development officer and must be in the form and accompanied by any supporting material and fees required by Council. 2.7.3. DECISION An application for a variance order shall be processed and approved or rejected in accordance with the provisions of The Planning Act and shall include a public hearing. 2.7.4. EXPIRY OF VARIANCE ORDER APPROVAL The approval of council in accordance with the provisions of The Planning Act shall expire and cease to have any effect if it is not acted upon within twelve (12) months of the date of the decision. The variance order may be extended for an additional period not longer than twelve (12) months, if an application for extension is received before the initial deadline. 2.7.5. MINOR VARIANCES The designated employee or development officer may, in accordance with the provisions of The Planning Act, make an order that varies the height, distance, area, size or intensity of use requirements and the number of parking spaces, by no more than ten percent (10%). The applicant may appeal the order of the designated employee or development officer to Council. 2.8. DESIGNATED EMPLOYEE OR DEVELOPMENT OFFICER 2.8.1. DUTIES AND POWERS The designated employee or development officer, as appointed by the Council of the Rural Municipality of Reynolds, may: a. Issue a building / development permit where the development of land, buildings or structures conforms to the adopted Development Plan, the requirements of this By-law and amendments thereto and any other by-law, subject to the provisions of the Development / Building Permit section; b. Enter any buildings or premises at all reasonable hours in the performance of their duties with respect to this By-law; c. Issue building / development permits for the temporary use of buildings, structures or land; d. Issue zoning memoranda or such other documents necessary for the administration and enforcement of this By-law; e. Approve minor variances as detailed in section 2.7.5.; and f. Shall refer, with his / her recommendations to Council, all applications for building / development permits involving: i. Amendments to this By-law; ii. New conditional uses and changes to conditional uses; iii. Variances from zone requirements in excess of that authorized in this By-law; iv. Matters requiring the specific approval of Council pursuant to this By-law; and v. Any other items which may require Council's attention. 28 Rural Municipality of Reynolds Zoning Bylaw 2.9. DEVELOPMENT PERMIT / BUILDING PERMIT 2.9.1. PERMIT REQUIRED The owner or his agent shall obtain all necessary permits as required by the Council and other government agencies. An application for a development permit / building permit is required for the following: a. The erection or construction or placement of any building, structure or shed more than one hundred and fifty (150) sq. ft. in area, or light standards, excepting fences and private reception equipment; b. The addition, extension, structural alteration or conversion of any building or structure; c. The relocation or removal or demolition of any building or structure, excepting any non-taxable farm building, more than one hundred and fifty (150) sq. ft. in size; d. The establishment of a temporary use as outlined in section 3.15.; e. A change in land use, building or structure; and f. The undertaking of works as defined in this By-law, except as in section 2.9.3. 2.9.2. REQUIREMENTS In addition to the requirements of any By-law of the Rural Municipality of Reynolds or any other provincial regulations, all applications for a development / building permit shall include all relevant information required by Council. No person shall erect, locate, relocate, use or occupy any building, land or structure contrary to any development / building permit or the material furnished in support of the application. 2.9.3. DEVELOPMENT / BUILDING PERMIT NOT REQUIRED The following developments shall not require a development permit, however, such developments must comply with all provisions of this By-law, any other applicable By-laws of the Rural Municipality of Reynolds and all required provincial setbacks and / or permits: a. The carrying out of work or maintenance or repair to any building or structure, provided that such works do not include structural alterations or major renovations; b. The carrying out by the Rural Municipality of Reynolds of any operation for the development of, including construction, repair, inspection or maintenance of that part of a public works placed in or upon a public works easement, public reserve or road; c. The erection, placement, enlargement, structural alteration, relocation or use of any building or structure, not exceeding one hundred and fifty (150) sq. ft. that is normally incidental or accessory to a dwelling as the principal building or use; d. The erection of private reception equipment, including satellite dishes, towers and similar uses, as accessory uses; e. General landscaping, construction of private driveways and parking pads and the planting or removal of trees and hedges intended as a shelterbelt or buffer; f. The construction or erection of signs as allowed in this By-law; and g. The operation of a home occupation, home business or home industry as defined in this By-law, where listed as a permitted use. 2.9.4. WITHHOLDING DEVELOPMENT / BUILDING PERMITS The designated employee or development officer may withhold issuing a development / building permit: a. As provided for in The Planning Act; b. That could result in a violation of this By-law or any By-law of the Rural Municipality of Reynolds; or c. To any person who has failed to pay any fees due and owing to the Rural Municipality of Reynolds. 2.9.5. SUSPENSION OR REVOCATION OF DEVELOPMENT / BUILDING PERMITS The designated employee or development officer may suspend or revoke a development / building permit where: 29 Rural Municipality of Reynolds Zoning Bylaw a. The applicant fails to comply with the conditions of issuance of a permit; or b. Any person undertakes or causes or permits any development on a site contrary to the terms or conditions of a permit. 2.9.6. EXISTING DEVELOPMENT / BUILDING PERMITS Unless otherwise provided for herein, development / building permits issued prior to the effective date of this By-law shall be considered valid for the purpose of this By-law provided all conditions under which the permit was issued are complied with. 2.10. BUILDING / STRUCTURE TO BE MOVED No existing building or structure over one hundred and fifty (150) square feet in area shall be moved in whole or in part to any other location unless every portion of the building or structure is made to conform to all the regulations of this By-law applying to the Zone in which it is to be located and the owner or his agent has first obtained a development / building permit and a conditional use order pursuant to The Planning Act. 2.11. NON-CONFORMING USES, PARCELS, BUILDINGS OR STRUCTURES A non-conforming use, parcel, building or structure shall be regulated in accordance with and subject to the provisions of The Planning Act, unless otherwise provided for herein. 2.11.1. CONTINUANCE OF LAWFULLY EXISTING NON-CONFORMITIES All buildings and structures, parcels of land, including parcels created without subdivision approval as per provisions of the Act, 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 structure, parcels of land or uses of land are situated. Any expansion, addition, relocation or reconstruction of the said buildings and structures or change in use shall: a. Conform to the site and use requirements of the zone in which they are located unless varied by a variance order; or b. In cases where buildings or structures erected prior to the effective date of this By-law having an existing yard less than required under the provisions of the applicable Bulk Requirement Table, may be altered or added to provided that such alteration or addition does not further reduce the existing yard. 2.11.2. INCIDENTAL ALTERATIONS Incidental alterations that do not increase the non-conformity and otherwise conform to this by-law may be made to an existing building that does not conform to the Zoning By-law, pursuant to The Planning Act. 2.11.3. REPAIR OR REBUILDING Pursuant to the provisions of The Planning Act, where a building that does not conform to the provisions of this Zoning By-law is damaged or destroyed to an extent of fifty percent (50%) or more of the replacement value of the building above its foundation, said building must not be repaired or rebuilt except in conformity with this By-law and any approved variance order. 2.11.4. NON-CONFORMING PARCEL If the size or dimensions of an existing parcel of land do not conform to the Zoning By-law, the owner of the land may: a. Use the land for any use permitted under the By-law; and b. Construct or alter a building on the land if all requirements of the By-law, such as yards, building height and floor area, are met. 2.11.5. DISCONTINUANCE OF NON-CONFORMING USE If the use of land or the intensity of the use of land does not conform to the Zoning By-law and the non- conformity has been discontinued for more than twelve (12) consecutive months, the land must not be used after that time except in conformity with the Zoning By-law. 30 Rural Municipality of Reynolds Zoning Bylaw 2.11.6. NON CONFORMITY MAY BE ALTERED BY VARIANCE ORDER Council may permit the following alterations to an existing non-conformity by variance order in accordance with The Planning Act: a. Construction on a non-conforming building beyond that permitted under section 2.11.4. above; b. An increase in the intensity of an existing non-conforming use, other than a variance to increase the number of animal units in a non-conforming livestock operation; c. The repair or rebuilding of a non-conforming building that has sustained more damage than permitted under section 2.11.3. above; or d. The extension of the twelve (12) month time limit under section 2.11.5. for not more than twelve (12) additional months. Where any of the above variances do not result in the elimination of the non-conformity, the subject building, structure, use or parcel shall retain its non-conforming status as per section 2.11.1. 2.12. ZONING MEMORANDUM Upon request, Council will issue a zoning memorandum that states whether or not a building, parcel, or use appears to conform to the Zoning By-law. Application for a zoning memorandum must be in the form and be accompanied by any supporting material and fees, as required by Council. 2.13. INTERPRETATION AND APPLICATION In their interpretation and application, the provisions of this By-law shall be held to be the minimum requirements to satisfy the intent and purpose as set forth herein. 2.14. RELATION TO OTHER BY-LAWS Whenever provisions of any By-law of the Rural Municipality of Reynolds 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. 2.15. UNDEVELOPED ROAD ALLOWANCE No buildings or structures shall be erected upon any undeveloped road allowance. Any development adjacent to said road allowance shall comply with the requirements of the By-law as to yard requirements. 2.16. RESPONSIBILITIES OF THE OWNER Neither the granting of a building / development permit nor the approval of the drawing and specifications nor inspection 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 Rural Municipality of Reynolds. 2.17. ENFORCEMENT The enforcement of this By-law, or any resolution or order enacted by the Council under The Planning Act or any regulation made thereunder shall be in accordance with The Planning Act. 2.18. FEES Council shall, by By-law, establish a fee schedule for variance orders, zoning amendments, zoning memoranda, conditional use orders, non-conforming certificates and other appropriate documents. 31 Rural Municipality of Reynolds Zoning Bylaw PART III - GENERAL PROVISIONS 3.0. REGULATIONS OF USE The general provisions listed in this section shall apply to all Zones unless otherwise specifically stated. No land, building or structure shall be constructed, enlarged, placed, used or occupied except for a use that: a. Is listed in the Zone as a: i. Permitted use development; or ii. Conditional use development, subject to approval of the subject conditional use order. b. Is listed as a permitted, permitted by conditional use or requiring a resolution of council, an accessory use, building or structure; c. Has been granted an appropriate variance order as per provisions of The Planning Act; or d. Has been approved by a resolution of Council where listed as "as determined by Council" in a Bulk Requirement table or where a resolution of Council is otherwise required. 3.1. ONE (1) MAIN DWELLING / USE PER ZONING SITE Except where otherwise provided for in this By-law (e.g. planned unit development, multiple-family units, additional dwelling allowed as an accessory or conditional use), there shall be only one (1) main building or one (1) main use on a zoning site. For example, a residential zoning site shall contain only one (1) single-family dwelling or one (1) two- family dwelling and their accessory buildings, structures and uses. 3.2. MULTIPLE USES OF A ZONING SITE When permitted, and where any land or building is used for more than one (1) purpose or use, all provisions of the By-law relating to each use shall be satisfied. Where there is a conflict such as in the case of site area and frontage, the higher or more stringent requirements shall prevail. The requirements providing for the maximum site coverage shall also prevail. This provision applies to all zones. 3.3. EXCAVATION AND SOIL STRIPPING For the purposes of this Section of the By-law, a person wishing to excavate or strip land of soil: a. Requires the prior approval of Council and a development permit for these activities, including stockpiling and / or expansion of any such operation where allowed in a zone; b. May be required to provide Council with information as necessary to evaluate the proposal. Council may impose such conditions and requirements as it deems appropriate and necessary; and c. If necessary has obtained the required permits from the appropriate government department(s). 3.4. DEMOLITION AND REMOVAL OF BUILDINGS OR STRUCTURES Where a development permit has been obtained for the demolition or removal of a building or structure, all demolition, removal of debris, filling of excavations or basements and re-grading of the site shall be undertaken within ninety (90) days from the date of issuance of said permit. This period may be extended for a further ninety (90) days, at the discretion of the Development Officer, due to unusual circumstances such as weather conditions and road restrictions. 3.5. FLOOD RISK AREAS AND HAZARD LANDS Notwithstanding any other provision of this By-law, Council may refuse to issue a building and / or development permit where the proposed building or structure, as determined by Council, is to be located within the floodway of a river, stream, drain or watercourse (see also section 3.17.), and where Council has determined that placement of said structure would impede the flow of flood waters and/or create a hazard to life, limb or property. Where Council has determined that flood hazards do not exist on the entire building site or where the proposed building or structure is to be located in an area of minimal flooding, within the floodway fringe of a river, stream, drain or watercourse, or is otherwise subject to minor ponding or runoff, it may permit such lands to be developed provided that: 32 Rural Municipality of Reynolds Zoning Bylaw a. Each lot contains an adequate sized building site where all buildings shall be protected from flooding by raising the building site (grade) for at least twenty (20) feet around each building to the flood protection level, which is two (2) feet above the flood level; b. The backwater effect from the development and of all other flood prone areas in accordance with these criteria is within the limits specified for the area by the Province of Manitoba; c. Prior to the issuance of a development / building permit, Council may require that the permit application be accompanied by a professional engineering report confirming the adequacy and safety of the proposed flood protection works; d. The elevation of the basement floor is not lower than the flood protection level by two (2) feet if the fill material is pervious such as sand; or five and one-half (5½) feet if the fill material is impervious such as clay and: i. Not contain habitable space and not be used for storage of immovable materials or hazardous materials that are buoyant, flammable, explosive or toxic; ii. Not contain any electrical circuit breaker panels; iii. Be provided with a sump pump; and iv. Have back-up valves in the sewer pipes or pipes leading to a holding tank or disposal field. e. Notwithstanding any other provision of this By-law, Council may; i. Refuse a development / building permit where Council has determined that the proposed building or structure is to be located on land subject to erosion, bank instability, sloughing, or is to be located on low-lying wetlands having insufficient bearing strength to accommodate said building or structure; and ii. Require that the proposed building or structure be constructed and located in such a manner as to negate the effects of the hazard. f. Council may require that the applicant provide, at his / her own expense, such flood levels, elevations, or other geotechnical data as may be required for its determinations with respect to subsections a., b., c. and d. above. 3.6. USED DWELLINGS Prior to transportation and placement on an engineer approved foundation, any used dwelling proposed for placement on a zoning site in the Municipality shall require, certification of an engineer as to structural integrity and approval of a conditional use order where listed in a Bulk Requirement Table and may include conditions addressing required interior / exterior renovation as deemed necessary by Council. 3.7. GARDEN SUITES / SECOND SINGLE-FAMILY DWELLING / LOFT GARAGES / COMMUNAL DWELLINGS It is the intent of this section to provide some general standards for the establishment of a an additional dwelling unit on the same site as the principal dwelling, including a (single-family) garden suite, a second single-family dwelling, loft garage and communal dwelling(s). Owner-occupiers of the principal dwelling require the approval of a conditional use permit where listed in a Bulk Requirement or Accessory Table to install a garden suite, second single-family dwelling, loft garage or communal dwelling, subject to the following: a. Hydro, municipal services (if available) and on-site sewage services shall be connected as required upon approval or the affected authorities; b. The additional dwelling unit shall maintain a minimum separation distance of one hundred (100) feet to the principal dwelling and be in compliance with all yard requirements as set out in the appropriate Bulk Requirement table. 3.8. CONDOMINIUM DEVELOPMENTS Condominium developments are characterized by individual ownership of dwelling or land units and common ownership of all other property including buildings and structures or parts thereof, open space, roadways, pathways and equipment held by the condominium corporation. Condominium developments shall be regulated by the following provisions: 33 Rural Municipality of Reynolds Zoning Bylaw a. In bare land unit condominium developments, each bare land unit, as defined in The Condominium Act, which is delineated by horizontal land boundaries, shall be considered a zoning site as defined in this By- law, for the purposes of determining site area and width, yards and other requirements; b. In bare land unit condominium developments, common elements, as defined in the said Act, which will be ordinarily used for the passage of vehicles or pedestrians including roads, road allowances, streets and lanes but not including pedestrian walkways or off-street vehicle parking areas, shall be considered: i. A street, where such thoroughfare is over thirty-three (33) feet in width; and ii. A lane, where such thoroughfare is not over thirty-three (33) feet in width. c. In condominium developments where the individual dwelling units within a building form the condominium units, the development shall be considered as a multiple-family dwelling. That is, the individual condominium units within the building shall be considered as dwelling units within a multi-family dwelling (apartment block or townhouse) for the purposes of this By-law, and the building containing the condominium units shall be considered as a multi-family dwelling for the purposes of meeting bulk requirements; d. Condominium development that propose a mixture of different land uses, or which do not conform to the requirements of this By-law will be considered as a planned unit development and shall be subject to section 3.8.; and e. Condominium developments that propose a phasing of additional condominium development on the same zoning site shall: i. Require appropriate approval of Council as to development / building permit requirements prior to construction and may also require subdivision approval as per requirements of the Planning Act and Condominium Act; and ii. Shall form part of a planned unit development or be approved as a planned unit development, where applicable. The provisions of the Bulk Requirement Table for the Zone in which the development is to be located, as well as all other regulations and requirements of this By-law shall also apply. 3.9. PLANNED UNIT DEVELOPMENTS A planned unit development is primarily a major land development project that, because of its size or complexity, high density, mixture of land uses or other unusual characteristics, is planned as a single entity in accordance with an overall site plan. There are many possible innovative projects that can occur within a Planned Unit Development, including, but not limited to the following: a. Comprehensive redevelopment, including mixed use projects; b. Condominium developments that propose a mixture of different land uses; c. Townhouse and apartment projects containing two or more principal buildings and characterized by diverse designs; d. Alternative subdivision layouts characterized by an open space nature, clustered developments, preservation of natural features, separation of pedestrian and vehicular systems, staggered setbacks, diverse housing types and models and reduced amount of land devoted to streets and public works; e. Shopping centres, commercial and industrial developments utilizing common elements to address common needs including parking, access, etc.; An application for the establishment of a Planned Unit Development shall be accompanied by the following information: a. Those requirements normally required for the issuance of a development / building permit as outlined in section 2.9.; and b. An impact statement, engineering study or such information as Council may consider necessary for the review of the proposal. Yard requirements, as these apply to Planned Unit proposals under the Requirement Tables, apply only to the periphery of the proposed development. Yards between individual units / buildings are subject to approval through the conditional use process. 34 Rural Municipality of Reynolds Zoning Bylaw 3.10. LIVESTOCK OPERATIONS Livestock operations in the "RGZ", "RM1" and "RM2" Rural Zones shall be based upon the intensity of use as measured by animal units (a.u.) defined for different species of livestock in TABLE 4.9: ANIMAL UNIT SUMMARY TABLE. 3.10.1. CONDITIONAL USE GUIDELINES a. All conditional use applications for livestock operations shall be processed in accordance with the provisions of the Planning Act, requiring a public hearing; and b. The proposed use shall adhere to mutual separation distances as outlined in TABLE 4.8: LIVESTOCK OPERATION - MINIMUM MUTUAL SETBACK REQUIREMENTS (see also definition for separation distance). 3.11. SEPARATION DISTANCE REQUIREMENTS FOR ESTABLISHMENT OF ANHYDROUS AMMONIA STORAGE FACILITIES, WASTE DISPOSAL GROUNDS AND SEWAGE LAGOONS Distance requirements for the establishment of anhydrous ammonia storage facilities and waste disposal grounds are as follows (or as otherwise required by Regulation, whichever is the greater): a. Three thousand two hundred and eighty (3,280) feet (1000m.) from any body of water; b. One thousand three hundred and twelve (1,312) feet (400m.) from any cemetery, and from any potable water well; c. Additional requirements for anhydrous ammonia storage include: i. Two thousand six hundred and twenty-five (2,625) feet from residential areas, schools, hospitals or other institutions; ii. Three hundred and twenty-eight (328) feet from an individual residence; and iii. Three hundred and twenty-eight (328) feet from the edge of a right-of-way of a highway. d. Additional requirements for waste disposal grounds include: i. One thousand three hundred and twelve (1,312) feet from any dwelling; and ii. Three hundred and twenty-eight (328) feet from the nearest edge of the right-of-way of any public road. Separation distance requirements for sewage lagoons include: i. One thousand five hundred (1500) feet from any centre of population; and ii. One thousand (1000) feet from an individual residence. 3.12. QUARRY / AGGREGATE / MINERAL OPERATIONS a. Development of land on high quality or useable deposits of aggregate shall be limited to non-intensive agriculture such as grazing, cropping forestry, temporary uses or other uses that will permit access to the resource, in accordance with the Whitemouth Reynolds Planning District Development Plan 2030; b. A development permit shall be required for quarry / aggregate / mineral extraction operations or for the expansion of an existing extraction operation and shall include: i. In the case of Crown quarry minerals, proof of issuance of a Provincial Lease or Casual Permit under The Mines Act; ii. A plan showing areas and means of disposing of overburden and routes for hauling the minerals; and iii. A site plan showing the precise plan of operation, the manner in which extraction or development will occur, the means of visual buffering and noise and dust protection, and the intended use(s) of the site upon completion of the extraction phase. c. Council shall, prior to issuance of the above permit, consult with the appropriate provincial department; d. In order to mitigate the negative effects of windrow burning and the impact on municipal drainage, a development permit shall be required for the clearing and development of peat land from its natural state for 35 Rural Municipality of Reynolds Zoning Bylaw agricultural or other development purposes as a mineral extraction use, subject to approval of a conditional use permit, as noted in the appropriate zones; e. Council shall protect future mineral extraction areas by requiring a four hundred and ninety-two (492) ft. (150 m.) no-development buffer around high quality deposits shown on STOP-CAUTION-GO maps as may be provided and available by the appropriate government department responsible for mineral resources; and f. As a condition of approving the conditional use order, Council may require that a development agreement be entered into. 3.13. ACCESSORY BUILDINGS AND USES PERMITTED Accessory buildings, except as otherwise regulated in this By-law, shall be subject to the following regulations: a. Where the accessory building is attached to a main building it shall be subject to, and shall conform to, all regulations of this By-law applicable to the main building; b. No detached accessory building shall be located closer than ten (10) feet to any main building, except as provided for herein and except as provided for by variance; c. In no instance shall an accessory building be located within a dedicated easement or right-of-way except as provided for by said easement or right-of-way; d. Excluding farm buildings and related structures, no accessory building, including a private garage, shall be erected prior to erection of the main building except where it is necessary for the storage of tools and materials for use during construction of the main building, as provided for in TEMPORARY BUILDINGS AND USES; and e. Where a through site has a depth of less than two hundred (200) feet, an accessory building which meets the requirements of the zone in which it is located, may be located in one of the required front yards, provided such building is set back from the nearest site (street) line a distance of not less than the minimum front yard requirement of abutting parcels or sites along the same site (street) line; and f. To determine the need for a building / development permit, see section 2.9. 3.14. THROUGH SITE - MAY BE TWO (2) SITES A through site having a depth of two hundred (200) feet or may be assumed to be two (2) sites with the rear line of each approximately equidistant from the front site lines, provided all area and yard requirements are complied with. 3.15. TEMPORARY BUILDINGS AND USES Notwithstanding any provisions elsewhere contained in this By-law, the Council may permit, subject to such conditions as it may see fit to impose, and for a period of time determined by Council, the temporary use of lands, buildings or structures not in conformity with the requirements of this By-law, if, in Council's opinion, the amenity or sanitary conditions of property in the vicinity will not be adversely affected thereby. If the proposed use occurs within the control area of a Provincial Trunk Highway or Provincial Road, a permit from the Highway Traffic Board or the appropriate government department responsible for highways will be required in addition to a development / building permit for the subject temporary building / use. A development / building permit shall be obtained for the following temporary buildings, structures and uses: a. For construction materials or equipment, both incidental and necessary for construction on the same Zoning site, may be permitted on a temporary basis subject to the issuance of a development / building permit for both the principal building and the temporary use and subject to such additional requirements as Council may deem necessary from time to time; b. For the establishment of temporary asphalt, concrete batching plants and wayside pits and quarries to accommodate highway construction, subject to requirements as listed in Bulk Requirements Tables in the following non-residential zones: "RGZ", "RM1", "RM1c" and "RM2" Zones, subject to approval of a conditional use order which may include conditions of Council to establish appropriate operating criteria to mitigate potential impacts on adjacent uses; c. A development / building permit for a temporary building, structure, or use shall be subject to such terms and conditions as required by Council with fees as may be set by Council; d. Each development / building permit issued for a temporary building, structure or use shall be valid for a period as determined by Council; and e. In all cases, temporary buildings and structures shall not exceed one thousand (1000) square feet in area and one (1) storey or fifteen (15) feet in height; and 36 Rural Municipality of Reynolds Zoning Bylaw i. May be used as office space for the contractor of developer; ii. Shall not be used for human habitation, except as temporary accommodation for a caretaker or watchman; and iii. Shall not be detrimental to the health, safety, convenience and general welfare. f. The provisions of this section shall apply to all Zones, except as noted above. 3.16. AREA AND YARDS: GENERAL REQUIREMENTS The following area and yard requirements shall apply in all zones, unless otherwise modified by this By-law (see also section 2.11.: NON CONFORMING USES, PARCELS, BUILDINGS OR STRUCTURES): a. No parcel of land under separate ownership after this Zoning By-law becomes effective, shall be reduced in any manner below the minimum site area, size or dimensions required by this section; b. No building shall be added to, or reconstructed and no site upon which a building stands shall be reduced in area, nor shall its boundaries be altered is such additions, reconstruction, reduction or alterations would cause the violation of any of the provisions of this section, except as allowed in section 2.11.1.; c. No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this section, shall be considered as providing a required yard or open space for any other building; nor shall any required yard or other required open space on any adjoining site be considered as providing a required yard or open space on a site whereon a building is to be erected; d. Where an accessory building forms part of the main building (for example, an attached garage), said accessory building shall be deemed part of the main building for yard requirement purposes; e. No building or structure shall be permitted on a corner site, when such building or structure is to be oriented in such a manner as to reduce the front yard requirement on the street on which such corner site has its frontage at the time the By-law comes into force; f. Yard requirements on sites fronting, flanking or backing onto Provincial Roads and Provincial Trunk Highways shall be in keeping with the setback requirements or control lines of said roads, as established by and in consultation with the appropriate government department having jurisdiction. If proposed yards do not meet these requirements, appropriate permits will be required from the Highway Traffic Board and the government department having jurisdiction for Highways, in addition to appropriate variance orders from the municipality; and g. Where sites comprising forty percent (40%) or more of the entire frontage of the block (excluding reverse corner sites) are developed with buildings, the average front yard depths established by such buildings shall establish the minimum front yard depths for the entire frontage of the block provided such average is less than the minimum front yard required in the Zone in which the site is located. 3.16.1. PROJECTIONS INTO YARDS APPLICABLE TO ALL ZONES Except as noted below, every part of a required yard shall be open and unobstructed from ground level to the sky, save for trees, shrubs, gardens, fences and driveways: a. Architectural features such as chimneys, bay windows, alcoves, canopies and awnings, which are included as part of the main building may project into a required front, side or rear yard, distance of not more than three (3) feet, provided that the width of such side yard is not reduced to less three (3) ft.; b. Eaves and eaves troughs (gutters) may project into any required front, side or rear yard, a distance of not more than three (3) feet, provided that in no case shall an eave project within three (3) feet of a side site line; c. Open, unenclosed porches, platforms, landing places, stairways or balconies, not covered by a roof or canopy and not including decks, may extend or project into a required front, side or rear yard not more than eight (8) feet or to the limit of the required yard if the required yard is less than eight (8) feet; d. Residential decks (open), more than two and one-half (2 ½) ft. to a maximum of six (6) ft. in height may extend a maximum of sixteen (16) ft. into a required rear or side yard to within two (2) ft. of the rear and side site line. Decks two and one-half (2 ½) ft. or less in height may extend into a required rear or side yard to within two (2) ft. of the rear / side site line. 37 Rural Municipality of Reynolds Zoning Bylaw e. Openwork ornamental fences, hedges, landscape architectural features or guard railings, for safety protection, may be located in any required front yard if maintained at a height no more than three and one-half (3 ½) feet above the average ground level adjacent thereto. An openwork type railing not more than three and one-half (3 ½) feet in height may be installed or constructed on any balcony, stairway, platform or landing place noted in a. and c. above. Please note: should Building Code requirements differ from the above, Code requirements shall apply; f. Fences and hedges shall not exceed a height of six and one-half (6 ½) feet above the finished grade. A fence or hedge shall be permitted in any required front yard in which case the height shall not exceed two and one-half (2 ½) feet for a distance of twenty-five (25) ft. from the property boundaries. In the case of corner or reversed corner sites, the height shall not exceed two and one-half (2 ½ ) feet for the first ninety (90) feet from the property boundaries; g. Landscape features such as trees, shrubs, flowers or plants shall be permitted in any required front, side or rear yard provided they do not produce a hedge effect contrary to the provisions of f. above; h. Name plates, bulletin boards or signs related to the prospective sale, lease or rental of the premises on which they are located as permitted in this By-law, shall be allowed in any required front, side or rear yard; i. A satellite dish, to a maximum of three (3) ft. in diameter as an accessory use, shall be permitted in any required yard. Satellite dishes greater than three (3) ft. in diameter may only be located in the rear yard. The location of such a dish shall not create a shadow on adjoining property; and j. The above structures or features shall not be located and maintained so as to preclude complete access at all times about a main building. Gates or other suitable openings at least three (3) feet in width shall be deemed adequate for such access. 3.17. NOXIOUS OR OFFENSIVE USE Notwithstanding anything herein contained, no use shall be permitted in any zone which may be noxious or offensive by reason of the emission or production of odour, dust, refuse matter, wastes, vapour, smoke, gas, vibration or noise, unless such use is specifically permitted in that zone or measures satisfactory to Council are undertaken to mitigate or eliminate such effects. Where necessary, all Environment Act and / Department of Labour approvals will be obtained as required. 3.18. SPECIAL PROVISIONS FOR DEVELOPMENT ALONG MAJOR WATERWAYS The construction of all structures alongside the Birch, Boggy, Brokenhead, Hazel, Rennie, and Whitemouth Rivers shall be subject to a minimum setback requirement of one hundred (100) ft. from the high water mark of the noted waterways, in addition to meeting the requirements of section 3.5. 3.19. SIGN REGULATIONS The regulations of this section are intended and designed to establish a minimum control of signs. Such control is deemed essential to promote the health, safety and general welfare by reducing hazards to pedestrian and vehicular traffic, and by preventing unsightly and detrimental development having a blighting influence upon residential, commercial, agricultural and industrial uses. The following shall apply in all zones except wherein otherwise stated: a. No sign or sign structure shall be erected at any location where it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device; b. No sign or sign structure shall be located in such a manner as to materially impede the view of any street or highway intersection, or in such a manner as to materially impede the view of the intersection of a street or highway with a railroad grade crossing; c. No rotating beam or beam shall be used in connection with any sign display; nor shall any flashing illumination resembling an emergency light be used for such purposes; d. A flashing sign in or within one hundred and fifty (150) feet of any "RSR" Rural Settlement Residential Zone or "GD" General Development Zone shall not be operated between the hours of eleven (11) p.m. and seven (7) a.m.; e. All signs and sign structures shall be kept in repair and in proper state of reservation. Signs which have become obsolete because of discontinuance of the business, service or activity, and have not been removed 38 Rural Municipality of Reynolds Zoning Bylaw or relocated within thirty (30) days following such condition, may be removed by the Municipality at the owner's expense; f. It shall be unlawful to erect or maintain any sign on, over or above 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 requirements of the zone in which they are located; and g. The placing of signs within the control lines and circles of a Provincial Road or a Provincial Trunk Highway shall require a permit from the appropriate authority. 3.20. LOADING REQUIREMENTS Except as hereinafter provided, the following regulations and requirements shall apply in all Zones to ensure an adequacy of loading spaces and areas. 3.20.1. LOADING SURFACE AREA The driveways, loading and unloading areas shall be maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles. They shall, before being used, be constructed of crushed stone, slag, gravel, crushed brick or tile, cinders, asphalt, concrete, or Portland cement binder and with provisions for drainage facilities designed in such a manner that there will be no free flow of water unto either adjacent properties or public sidewalks. 3.20.2. ACCESS Access to loading or unloading areas shall be by means of a driveway at least twenty (20) feet wide contained on the site in which the spaces are located and leading to a street, lane or other legal access located within the zone in which the use is located. 3.20.3. LOADING SPACES For all buildings and uses involving regular and frequent receiving, shipping, loading or unloading of persons, animals, goods, wares, merchandise or raw materials, the owner or operator of the buildings or uses shall provide and maintain on the site adequate loading and unloading spaces as follows: a. Each loading or unloading space shall be at least thirty (30) feet long, twelve (12) feet wide and have a vertical clearance of at least fourteen (14) feet; b. Off-street loading spaces shall not be permitted in a required corner side yard; and c. The number of loading spaces in relation to the square footage of the subject building shall be as outlined in TABLE 3.2: MINIMUM LOADING SPACES below: 3.20.4. TABLE 3.1: MINIMUM LOADING SPACES TABLE 3.1: MINIMUM LOADING SPACES AREA OF BUILDING MINIMUM LOADING SPACE Less than ten thousand (10,000) sq. ft. One (1) space Exceeding ten thousand (10,000) sq. ft., but not more than eighty thousand (80,000) sq. ft. (including open air storage) One (1) for each ten thousand (10,000 ) sq. ft. Exceeding eighty thousand (80,000) sq. ft. One (1) space for each additional twenty-five thousand (25,000) sq. ft. 3.21. PARKING SPACE REQUIREMENTS, DIMENSIONS AND DESIGN All parking areas and parking spaces shall be maintained with a stable surface, which is treated so as to prevent the raising of dust or loose particles. Such areas shall, before being used, be constructed of crushed stone, slag, gravel, 39 Rural Municipality of Reynolds Zoning Bylaw crushed brick (or tile), cinders, asphalt, concrete, or Portland cement binder and also include provisions for drainage facilities. The following standards apply: a. All accessory off street parking spaces shall be on the same site as the use served; b. Each parking space shall have a vertical clearance of at least seven (7) feet from the floor or grade; c. An accessory off-street parking space shall be ten (10) feet wide and twenty (20) feet long; d. An accessory off street parking area must be provided with a parking driveway having a minimum of width of ten (10) feet and access to a street, lane or other legal access; e. A minimum of one (1) parking space shall be provided for each dwelling unit; f. For uses listed below, parking spaces shall be provided as follows: i. For hotels and motels: one (1) parking space for each dwelling unit or guest room; ii. For lounges / bars, general retail, service establishments and administrative / office type uses: one (1) parking space for each two hundred (200) square feet of floor area attributed to each of the noted uses; iii. For indoor participant recreation services, including religious facility and place of assembly: one (1) parking space for each two hundred (200) square feet of floor area; iv. For eating establishments: one (1) space per four (4) seats; v. For industrial uses: one (1) parking space for each employee on the maximum shift; and vi. For other uses not noted above, the amount of parking spaces shall be determined by resolution of Council so that the parking requirements do not adversely affect the traffic movements or the established local parking patterns at the time the development / building permit is applied for. g. Where lighting is provided, such lights shall be so shielded and directed as to reflect away from adjoining residential areas; h. Where a parking area is situated along a site line which coincides with the boundary of a residential use in a "GD" Zone and is not separated by any street, public land or watercourse, a stable and continuous wall, fence, or screen and the site line shall be landscaped with at least one (1) hedgerow of hardy shrubs not less than five (5) feet in height placed next to wall, and the remainder of such land shall be lawn. The wall, fence, or screen shall be maintained in a stable condition, and all landscaping shall be kept free of refuse and debris and maintained in a healthy, growing condition, neat and orderly in appearance; and i. If required for a parking area, no building shall be erected except one (1) shelter for attendants and such shelter shall not exceed twelve (12) feet in height or one hundred and forty-four (144) sq. ft. in area. 3.22. ENTRANCES AND EXITS FOR AUTOMOBILE SERVICE STATIONS, PUBLIC PARKING AREAS, DRIVE-IN ESTABLISHMENTS AND ALL VEHICLE SALES Automobile service stations, public parking areas, drive-in establishments and all vehicle / equipment sales shall require at least one entrance and one exit for vehicles, driveways and aisles for the removal of a vehicle without the necessity of moving any other vehicle. Access to sites for the titled uses for vehicles shall be only by way of entrances and exits provided in accordance with the following: Minimum width of an entrance or exit 20 ft. Minimum width of a combined entrance and exit 25 ft. Maximum width of an entrance or exit 40 ft. Maximum width of a combined entrance and exit 60 ft. Minimum distance between any part of an entrance, exit and the intersection of street site lines or the intersection of a street site line and a side site line on a public lane 30 ft. Minimum distance between entrances and exits 30 ft. A barrier at least one (1) foot in height on or near all street site lines shall be maintained to prevent vehicles from entering or leaving the property other than by way of the entrance and exits permitted as noted in this section. 40 Rural Municipality of Reynolds Zoning Bylaw For proposals that front onto, are adjacent to, or within the control zone of a Provincial Road and / or a Provincial Trunk Highway, appropriate permits will also be required. Please note that requirements of these jurisdictions may differ, which would replace the above requirements upon approval. 3.23. SUBDIVISION OF LAND Approval of a subdivision of land is subject to the provisions contained in The Planning Act and the policies contained within the Whitemouth Reynolds Planning District Development Plan 2030 and amendments thereto. Parcels or lots resulting from said subdivision must: a. Conform with the site area and site width requirements as set forth in the Bulk Requirement Tables for the zone in which the subject parcels or lots are located; and b. Be approved for variance orders and / or conditional use orders, where required. Notwithstanding the fact that a parcel of land may exceed the minimum site area and site width requirements by a given multiple, Council is not, in any manner, obligated to approve a subdivision of said parcel. 3.24. PUBLIC MONUMENTS AND STATUARY Nothing in this By-law shall be so interpreted as to interfere with the maintenance or erection of monuments, statuary, and similar structures. 3.25. PUBLIC UTILITY SERVICES Nothing in this By-law shall be so interpreted as to interfere with the construction, maintenance and operation of the facilities of any public utility service, as defined by this By-law, or protective and emergency service such as police and fire protection, provided that the requirements of such public utility or protective and emergency service is of a standard compatible with the adjacent area as determined by Council or the Development Officer. Any building or structure erected in any zone for this purpose shall comply with the yard and area requirements applicable to the affected zone. 3.26. SITES REDUCED BY PUBLIC UTILITY SERVICE OR CREATION OF ROAD / STREET A site area, site width or required yard reduced below the minimum requirements of this By-law by virtue of a public works, creation of a road / street unassociated with subdivision development or public utility service shall be deemed to conform to the requirements of this By-law. 3.27. CONNECTING TO MUNICIPAL SERVICES All principal buildings, residences and second residences such as garden suites, loft garages, etc., constructed on a site served by a public sewer, and / or water distribution system, shall be connected to such services. 3.28. PROVINCIAL TRUNK HIGHWAYS AND PROVINCIAL ROADS All development proposed adjacent to Provincial Trunk Highways and Provincial Roads, including any new and / or improved accesses located within the control area of a provincial highway, shall comply with the regulations and controls stipulated in the relevant legislation and / or regulations and other policies established by the appropriate provincial authorities. 3.29. PRIVATE SWIMMING POOLS AND HOT TUBS This section applies to private and semi-private swimming pools, hot tubs and similar structures when accessory to a residential use: a. Outdoor pools and hot tubs shall comply with yard requirements for accessory buildings and uses as set forth in the affected Zone. In no case shall an outdoor pool or hot tub be located closer than five (5) feet to any side or rear site line; b. All outdoor pools and hot tubs shall be completely enclosed with a fence or other suitable barrier constructed or erected; c. The fence / barrier shall have a minimum height of six (6) ft. including gates, which shall be self-closing and equipped with a lockable latch to prevent unauthorized entry; d. There shall be no openings other than an entry to a building at a gate and it shall be so constructed as to prevent a child from crawling under either the fence or gate; e. Where a chain link fence is used, the outside surface of the enclosure shall be relatively smooth so as not to provide foot or toe holds; 41 Rural Municipality of Reynolds Zoning Bylaw f. The enclosure surrounding an outdoor pool shall be maintained in good repair; g. Open decks and open stairways associated with the outdoor pools or hot tubs may project to within two (2) ft. of any side or rear site line; h. 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; and i. Nothing in this Section shall relieve any such structure from complying with spatial, structural, electrical, plumbing, health and safety or separation requirements contained in regulations under The Building and Mobile Homes Act, The Public Health Act or other applicable statutes. 3.30. FUTURE ROAD ALLOWANCE DEEMED EXISTING No building or structure shall be erected upon any land acquired by the Rural Municipality of Reynolds or any other Federal or Provincial government agency and which has been designated for a future road allowance. Any development adjacent to said future road allowance shall comply with the requirements of the By-law as if the said future road allowance was already in existence. 3.31. HEIGHT EXCEPTION 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 agricultural structures such as silos. Structures must be set back an appropriate distance so that adjacent roads are not impacted should a failure occur. 3.32. GENERAL REQUIREMENTS FOR MOBILE HOMES AND MOBILE HOME PARKS a. Except as provided for herein, there shall not be more than one (1) mobile home per zoning site or not more than one (1) mobile home per space in a mobile home park; b. A mobile home dwelling, when located permanently on a zoning site or mobile home space, shall be: i. Connected to municipal sewer and water services, when such services are adjacent to the site; ii. Connected to a private sewage disposal system installed in accordance with regulations under the Clean Environment Act, where there are no municipal water and sewer services adjacent to the site; iii. Anchored to a basement, foundation or concrete pad in accordance with C.S.A. Z240 standards; and iv. Connected to a hydro system with an approved electrical service outlet. c. All structures and / or buildings such as porches, additions, carports, private garages and storage facilities shall be painted or pre-finished and maintained, and in the opinion of Council, will complement the main structure; d. All mobile homes shall be provided with skirting extending from the bottom of the mobile home to the ground having adequate ventilation and a readily accessible, removable panel giving access to service connections; e. All mobile homes shall meet all building standards required by the "Canadian Standards Association (C.S.A.) Mobile Home Structural Standards" contained within the Z240 series and all revisions thereto or shall comply with all residential standards under The Manitoba Building Code; f. Attached, enclosed structures or buildings such as cabanas, summer kitchens, breezeways and similar structures shall be permitted onto mobile homes up to a maximum floor area of two hundred and fifty (250) square feet for each mobile home. For the purposes of compliance with clearance and setback requirements, additions shall be considered as being part of the mobile home; g. The following requirements shall apply to all mobile home parks established within the Rural Municipality of Reynolds, as provided for in this By-law: i. Each mobile home space shall be clearly marked by corner posts or other satisfactory means and identified by a numbered sign; ii. Every mobile home park shall have provision for the storage of refuse, garbage and debris in a sanitary manner in a location readily accessible to all mobile homes but not more than five hundred (500) feet from any mobile home, or by other means acceptable to Council; 42 Rural Municipality of Reynolds Zoning Bylaw iii. All roadways within the mobile home park shall be properly illuminated by lighting units; iv. A separate open area for such purposes as a children's playground or sports field shall be provided on the basis of two hundred (200) square feet per mobile home space or a minimum of five thousand (5,000) square feet, whichever is greater; and v. Identification names shall be given to the mobile home park and the internal roads within the mobile home park and be posted at suitable locations on the site. 3.33. SPECIAL PROVISIONS - EXISTING MOBILE HOME PARK DEVELOPMENT a. Mobile home parks lawfully existing at the effective date of this by-law and which do not meet the requirements of this By-law, have non-conforming rights as provided by section 2.11. of this By-law. A mobile home park lawfully existing at the effective date of this by-law may be redesigned or altered, without the necessity of a variance order, even though the full requirements of this By-law have not been complied with, provided that the non-conformity is being decreased and that the total number of mobile home spaces are not being increased; b. Mobile homes used as dwellings, lawfully in existence and located in the Rural Municipality of Reynolds at the effective date of this By-law may be relocated to another site or space approved for mobile home use by this By-law. Approval to relocate may be refused, if after an inspection by the Development Officer and in the opinion of Council, the mobile home is in a state of disrepair or is otherwise unfit or unsafe to be occupied as a dwelling; c. Travel trailer spaces located within a mobile home park may be occupied by another travel trailer, but may not be occupied by a mobile home unless the space is made to conform to the requirements of TABLE 4.5: MOBILE HOME PARKS USE AND BULK TABLE; d. Provincial public health and safety regulations, and provincial building and fire codes may supersede the provisions of paragraphs a., b. and c. above; and e. Modular homes, as defined herein may be located on any mobile home site that permits either a mobile home or single-family dwelling. 43 Rural Municipality of Reynolds Zoning Bylaw PART IV - ZONES 4.0. ZONES In order to carry out the intent and purpose set forth in section 1.1. of PART I - TITLE, INTENT, PURPOSE, RULES OF CONSTRUCTION, DEFINITIONS, the following zones are hereby established, as provided for and identified in the Whitemouth Reynolds Planning District Development Plan 2030: 4.0.1. URBAN - RESIDENTIAL ZONES a. "GD" GENERAL DEVELOPMENT ZONE provides areas for a mixture of residential, commercial and industrial uses in the Transitional Principal Centres of Hadashville and Prawda, and all or portions of Rural Settlement Policy Areas known as Richer East, Rennie and Ste. Rita; and b. "RSR" RURAL SETTLEMENT RESIDENTIAL ZONE provides areas for rural residential development utilizing on-site wastewater and water facilities, and higher density seasonal residential development on approved alternate sewage systems, identified as Rural Settlement Policy Areas. 4.0.2. RURAL ZONES a. "RGZ" RURAL GREEN ZONE provides for areas where agriculture is the primary land use and makes provision for some resource uses, identified as Agricultural Green Zone Policy Area; b. "RM1" RURAL MIXED ZONE provides for a mix of general agriculture and rural / seasonal residential uses, and including provisions for existing livestock production operations, identified as Rural Mixed Use Area 1; and c. "RM2" RURAL MIXED ZONE provides for general agricultural uses and livestock production operations, identified as Rural Mixed Use Area 2. 4.0.3. COMMERCIAL / INDUSTRIAL ZONES a. "RCI" RURAL COMMERCIAL / INDUSTRIAL ZONE provides areas for commercial / industrial development and those uses requiring large areas otherwise not suitable for urban uses. The corresponding Development Plan designation is Economic Development Area. This zone also identifies and zones existing commercial / industrial developments in the municipality; and b. "RM1c" RURAL MIXED / COMMERCIAL ZONE provides for a mix of general agricultural and highway commercial uses tailored to the travelling public in specific areas of the Rural Mixed Use Area 1. 4.1. ZONING MAP The location and the boundaries of the zones listed in this PART are shown on the Zoning Map attached hereto, forming part of this By-law. 4.2. REGISTERED PLANS All plan references on the Zoning Map pertain to registered plans filed in the Winnipeg Land Titles Office or Director of Survey Plans filed with the Director of Surveys. 4.3. GENERAL PROVISIONS The general provisions applying to all zones are contained within this PART. Also applying to these zones are the provisions of PART I - INTENT, PURPOSE, RULES OF CONSTRUCTION, DEFINITIONS, PART II - ADMINISTRATION, PART III - GENERAL PROVISIONS and the attached zoning maps. 4.4. INTERPRETATION OF REGULATIONS In their interpretation and application, the provisions of this PART shall be held to be the minimum requirements to satisfy the intent and purpose as set forth in section 1.2. 4.5. BULK REQUIREMENT TABLES Bulk Requirement Tables list all uses / use classes that are: 44 Rural Municipality of Reynolds Zoning Bylaw a. "P" Permitted; and a. "C" Conditional (which shall comply with the regulations set forth in PART 2 - ADMINISTRATION). All listed uses / use classes are subject to the provisions contained in the Bulk Requirement Tables established for each Zone. Uses / use classes not listed are not permitted. Where the term "as required by Council" is used, it shall be interpreted to mean as a condition attached to a conditional use order where listed as "C" Conditional Use; and by resolution of Council where listed as a "P" Permitted Use. 4.6. ACCESSORY USE TABLES Accessory use tables are provided for each zone, listing permitted / conditional uses and site requirements, where applicable. 4.7. ZONING MAP - INTERPRETATION The location and boundaries of the zones listed in this PART are shown upon the Zoning Map attached hereto and which forms part of this By-law. All notations, references and other information shown thereon, together with any amendments made by amending By-laws from time to time thereon, together with any amendments to boundaries in the case of street, lane or public utility right-of-way closings, as provided for in section 4.9., shall be as much a part of this By-law as if the matters and information set forth in the said Zoning By-law were fully described herein. 4.8. INTERPRETATION OF DEVELOPMENT PLAN BOUNDARIES Where a change in land use or amendment to the Zoning By-law is proposed and the majority, but not all of the subject lands fall within the appropriate Development Plan category, the subject lands shall be deemed to fall within the boundaries of the appropriate Development Plan category so as not to necessitate an amendment to the Development Plan. 4.9. INTERPRETATION OF ZONE BOUNDARIES In the interpretation of the boundaries of the zones as shown on the Zoning Maps, the following rules shall apply: a. Coloured areas represent zone boundaries. Where the zone boundary is broken by the name of a street it shall be construed that the boundary continues through the name of the street; b. Notwithstanding that streets, lanes, and public utility rights-of-way may be within the zone boundaries, the regulations contained in this By-law shall not be deemed to be applicable to said streets, lanes and public utility rights-of-way; c. Boundaries indicated as following the centrelines of streets, highways or lanes shall be construed as following such centrelines; d. Boundaries indicated as following lot, site or property holding lines on a registered plan shall be construed as following such lot, site or property holding lines; e. Boundaries indicated as following the limits of an incorporated municipality shall be construed as following the limits of said municipality; and f. Boundaries indicated as following the centrelines of railway lines or railway rights-of-way or public utility rights-of-way shall be construed to be midway between the main tracks or the centre of the rights-of-way, as the case may be. If a street, lane, government road allowance or public utility right-of-way, as shown on the Zoning Map,is lawfully closed, the land formerly comprising the street or lane, government road allowance or right-of-way shall be included within the zone of the adjoining land; however, if the said street or lane, government road allowance or right-of-way was a zoning boundary between two (2) or more different zones, the new zoning boundary shall be the former centreline of the closed street or lane or government road allowance, except where the closed road is being transferred to an adjoining owner, in which case the boundary shall follow the limit of the consolidated property. 4.10. BULK REQUIREMENT AND ACCESSORY USE TABLES a. Bulk Requirement and Accessory Use Tables applicable to each zone of this By-law are intended to regulate the use and development of land within that zone. Any use listed as a permitted use in a given zone may be developed on any site within that zone provided all requirements are complied with. Conditional uses listed in a particular zone may be subject to any additional conditions that may be applied by means of a conditional use order as provided for in The Act; and 45 Rural Municipality of Reynolds Zoning Bylaw b. Bulk Requirement and Accessory Use Tables contained within this By-law have been constructed in such a manner that most requirements for a permitted or conditional use are listed on the table. The permitted and conditional uses of a given zone are listed; the bulk regulations pertaining to a particular use, such as site areas and yards are also listed on the Table. 4.10.1. RETENTION OF BULK REQUIREMENTS a. It shall be the continuing obligation of the owner to maintain the minimum site area, yards and other open spaces required herein for any use as long as it remains in existence; c. The minimum site area, yards and other open spaces allotted to a use as per requirements of this By-law shall not, by virtue of change of ownership, or for any other reason, be used to satisfy the yard, other open space, or minimum site area requirements for any other uses; d. All yards and other open spaces required for any use shall be located on the same site as the use; and e. No building or structure shall be permitted on a corner site when such building or structure is to be oriented in such a manner as to reduce the front yard requirement on the street on which such corner site has its frontage at the time this Zoning By-law becomes effective. 4.10.2. USE CLASS DEFINITIONS a. The Use Classes group individual land uses into a specified number of classes, with common functional or physical impact characteristics; b. The Use Classes, as used in the Bulk Requirement Tables, define the range of uses which are permitted or conditional within the various Zones of this By-law; c. Typical uses listed in the tables and which may be defined in PART I are not intended to be exclusive or restrictive. Reference should be made to the definition of the Use Class in determining whether or not a use is included within a particular Use Class; and d. Where a specific use does not conform to the wording of any Use Class definition or generally conforms to the wording of two (2) or more Use Class definitions, the designated officer or development officer may deem that the use conforms to and is included in that Use Class and considered to be the most appropriate in character and purpose. In cases of disagreement, approval shall be verified via resolution of Council. 4.10.3. BULK REQUIREMENT AND ACCESSORY USE TABLES BY ZONE 46 Rural Municipality of Reynolds Zoning Bylaw 4.10.4. TABLE 4.1: "GD" GENERAL DEVELOPMENT ZONE USE AND BULK REQUIREMENTS TABLE 4.1: "GD" GENERAL DEVELOPMENT ZONE USE AND BULK REQUIREMENTS USE / USE CLASS Permitted "P" Conditional "C" MINIMUM REQUIREMENTS Acres (ac) Square feet (sf) Feet (ft) Site Area serviced 1 / un- serviced 2 (ac) (sf) Site Width serviced 1 / un- serviced 2 (ft) Front Yard 3 4 (ft) Side Yard 3 4 5 (ft) Rear Yard 3 4 5 (ft) Height 6 (ft) Accessory uses (see TABLE 4.2) as required for the main use or as specified in TABLE 4.2 25 Agri-business C 2 ac 200 75 25 25 35 Abattoir C Agricultural activities, not including livestock P Agricultural industry C Amusement establishment C 1 ac / 2 ac 100 / 200 75 25 25 Animal and veterinary service C Artisan and craftsman establishment C Asphalt / concrete batching plant, temporary (see section 3.15.b.) C as determined by Council Auctioneering establishment C 1 ac / 2 ac 100 / 200 75 25 25 35 Auctioneering establishment - livestock C 4 ac 300 75 25 25 35 Automated teller machine (ATM): standalone C 10,000 sf 75 30 25 25 35 Automobile service station (see also entrance and exit requirements section 3.22.) C 1 ac / 2 ac 100 / 200 75 25 25 35 Automotive and recreational vehicle (RV) sales, service, rental and repair (see also entrance and exit requirements section 3.22.) C Bar / lounge C Boarding house C Broadcast and motion picture studio C Bulk storage facility C Business support service C Camping and tenting grounds (see also TABLE 4.12) C 2 ac 200 75 25 25 15 Cemetery C as determined by Council Child care service, standalone C 1 ac / 2 ac 100 / 200 75 25 25 35 Clinic C 1 ac / 2 ac 100 / 200 75 25 25 35 1 ͞serviced͟ refers to sites serviced by a municipal sewer system or alternate approved sewage system 2 ͞unserviced͟ refers to sites utilizing approved on-site waste disposal systems such as septic fields 3 The requirement for yards abutting a Provincial Trunk Highway or a Provincial Road is subject to approval by the Highway Traffic Board or appropriate government department when not meeting regulatory requirements 4 For buildings / structures adjacent to the Boggy, Brokenhead, Hazel, Rennie, Whitemouth and Birch Rivers, a setback of one hundred (100) ft. from the high water mark (normal) shall apply (see section 3.18.) 5 A distance of seventy-five (75) ft. shall be required on the street side of a corner site and rear yard of a through site; also subject to highway requirements as in 3 above 6 See section 3.31. for exceptions and as otherwise noted in corresponding Accessory Use Table 47 Rural Municipality of Reynolds Zoning Bylaw TABLE 4.1: "GD" GENERAL DEVELOPMENT ZONE USE AND BULK REQUIREMENTS USE / USE CLASS Permitted "P" Conditional "C" MINIMUM REQUIREMENTS Acres (ac) Square feet (sf) Feet (ft) Site Area serviced 1 / un- serviced 2 (ac) (sf) Site Width serviced 1 / un- serviced 2 (ft) Front Yard 3 4 (ft) Side Yard 3 4 5 (ft) Rear Yard 3 4 5 (ft) Height 6 (ft) Commercial resort C 1 ac / 2 ac 100 / 200 75 25 25 35 Commercial school C 1 ac / 2 ac 100 / 200 75 25 25 35 Community / public recreation service P as determined by Council Community service club C 1 ac / 2 ac 100 / 200 75 25 25 35 Contractor service, general C 1 ac / 2 ac 100 / 200 75 25 25 35 Custom manufacturing establishment C 1 ac / 2 ac 100 / 200 75 25 25 35 Drive-in C 1 ac / 2 ac 100 / 200 75 25 25 35 Dwelling 7: single-family and two-family, used (see also section 3.6) C 1 ac / 2 ac 100 / 200 75 25 25 35 Dwelling 7: single-family and two-family incl. modular, RTM, stick-built and mobile home only P 1 ac / 2 ac 100 / 200 75 25 25 35 Dwelling 7: multiple-family, incl. modular, RTM and stick-built only P as required for two-family dwelling + 0.5 ac. site area for each additional dwelling unit 35 Eating and drinking establishment C 1 ac / 2 ac 100 / 200 75 25 25 35 Education service C as determined by Council Farmers market / outdoor market P 10,000 sf 75 30 25 25 35 Fleet service C 2 ac 200 75 25 25 Forestry use Fuel tank storage Funeral service C 1 ac / 2 ac 100 / 200 75 25 25 Gas bar, standalone General storage Government service C as determined by Council Greenhouse / nursery P 2 ac 200 75 25 25 35 Group home P 2 ac 200 75 25 25 35 Group residence C 2 ac 200 75 25 25 35 Hotel / motel C 2 ac 200 75 25 25 35 Indoor participant recreation service C 2 ac 200 75 25 25 35 Industrial: general and light C 2 ac 200 75 25 25 35 Industrial vehicle and equipment sales / service / rentals (see also entrance and exit requirements section 3.22.) C 2 ac 200 75 25 25 35 Information technology use C 2 ac 200 75 25 25 35 Institutional residence C 2 ac 200 75 25 25 35 Loading requirements see section 3.20. Manufacturing facility C 1 ac / 2 ac 100 / 200 75 25 25 35 Medical treatment service C 2 ac 200 75 25 25 35 7 Minimum dwelling unit size is six hundred (600) sq. ft. 48 Rural Municipality of Reynolds Zoning Bylaw TABLE 4.1: "GD" GENERAL DEVELOPMENT ZONE USE AND BULK REQUIREMENTS USE / USE CLASS Permitted "P" Conditional "C" MINIMUM REQUIREMENTS Acres (ac) Square feet (sf) Feet (ft) Site Area serviced 1 / un- serviced 2 (ac) (sf) Site Width serviced 1 / un- serviced 2 (ft) Front Yard 3 4 (ft) Side Yard 3 4 5 (ft) Rear Yard 3 4 5 (ft) Height 6 (ft) Mini warehouse and self-storage C 2 ac 200 75 25 25 35 Mobile home park (see also TABLE 4.5) C 4 ac 300 75 25 25 35 Outdoor amusement establishment C as determined by Council Outdoor participant recreation service C as determined by Council Outfitting operation C 1 ac / 2 ac 100 / 200 75 25 25 35 Parking area, public / private C 10,000 sf 75 30 25 25 35 Parking requirements see section 3.21. Personal care home C 2 ac 200 75 25 25 35 Personal service shop C 1 ac / 2 ac 100 / 200 75 25 25 35 Place of assembly 1 ac / 2 ac 100 / 200 75 25 25 35 Planned unit development (see also section 3.9.) C as determined by Council Private club C 1 ac / 2 ac 100 / 200 75 25 25 35 Processing use C 1 ac / 2 ac 100 / 200 75 25 25 35 Professional, financial and office support service C 1 ac / 2 ac 100 / 200 75 25 25 35 Protective and emergency service P as determined by Council Public building P as determined by Council Public facility P as determined by Council Public / private library and cultural exhibit P as determined by Council Public park / recreation area P as determined by Council Public utility service P as determined by Council Rapid drive-through vehicle service C 10,000 sf 75 30 25 25 35 Recycling / waste collection centre, private C 2 ac 200 75 25 25 35 Religious facility P 1 ac / 2 ac 100 / 200 75 25 25 35 Repair service, household C 1 ac / 2 ac 100 / 200 75 25 25 35 Residential care facility C 2 ac 200 75 25 25 35 Residential related farm, max. 9.9 a.u.: 1 a.u. allowed per acre of holding C 2 ac 200 125 25 25 35 Retail sales / service / repair C 1 ac / 2 ac 100 / 200 75 25 25 35 Shopping centre / strip mall 1 ac / 2 ac 100 / 200 75 25 25 35 Signs see section 3.19. Spectator entertainment establishment C 2 ac 200 125 25 25 35 Storage compound C 2 ac 200 125 25 25 35 Transport terminal C 2 ac 200 125 25 25 35 Warehouse / warehouse sales / storage C 1 ac / 2 ac 100 / 200 75 25 25 35 Other uses deemed appropriate for the zone by Council C as determined by Council 49 Rural Municipality of Reynolds Zoning Bylaw 4.10.5. TABLE 4.2: "GD" GENERAL DEVELOPMENT ZONE ACCESSORY USE TABLE TABLE 4.2: "GD" GENERAL DEVELOPMENT ZONE ACCESSORY USES PERMITTED / CONDITIONAL Accessory uses and associated uses as defined in section 1.3 for each use / use class listed in TABLE 4.1 P Agriculture activity, excluding livestock or as otherwise allowed in TABLE 4.1 P Automated teller machine (ATM) as accessory to an approved commercial / industrial use P Boathouse P Business support service accessory to an approved commercial / industrial use P Bed and breakfast P Clotheslines, flagpoles and associated structures P Decks, including covered decks (see also section 3.16.d.) P Dock Dwelling 7: single-family, standalone / or second floor for caretaker / owner of an approved commercial / industrial use P Farm produce outlet, including associated structures P Fences (see section 3.16.1.f.) P Garages / carport including fabric covered structures, private P Garage, loft, subject to the following maximums: garage size: nine hundred (900) sq. ft.; residential unit: four hundred and fifty (450) sq. ft.; height: twenty-four (24) ft. C Home business, home industry, home occupation P Home day care P Incinerators and individual sewage disposal systems, as approved by authority having jurisdiction P Pet enclosures / dog houses, private P Lawn ornaments, including birdfeeders and birdhouses P Lighting fixtures P Outdoor cooking facilities, private P Outdoor heating appliances (chimney must be equal in height w / neighbouring residential chimneys) P Patios - residential: (including covered patios), gazebos and similar structures P Patios - commercial, as accessory to hotel, eating and drinking establishments P Play / sports structures P Privacy fences / structures located within a zoning site to a maximum height of twelve (12) ft. P Reception equipment, incl. satellite dishes, radio antenna towers and similar uses, private (maximum height seventy (70) ft.) (see also section 3.31.) P Secondary / basement suite C Sheds including garden houses, fabric covered structures and similar structures P Shipping container storage structures, residential / commercial / industrial C Solid waste storage structures, private and commercial P Storage compound / area for goods used / produced by an approved commercial / industrial use P Sunroom P Swimming pools, hot tubs and related structures, private and commercial (subject to all necessary regulatory approval) P Wind turbine or solar energy or standby electrical generation system, private use P Other accessory uses deemed appropriate for the zone by Council C 50 Rural Municipality of Reynolds Zoning Bylaw 4.10.6. TABLE 4.3: "RSR" RURAL SETTLEMENT RESIDENTIAL ZONE USE AND BULK REQUIREMENTS TABLE 4.3: "RSR" RURAL SETTLEMENT RESIDENTIAL ZONE USE AND BULK REQUIREMENTS USE / USE CLASS Permitted "P" Conditional "C" MINIMUM REQUIREMENTS Acres (ac) Square feet (sf) Feet (ft) Site Area serviced 1 / un- serviced 2 (ac) (sf) Site Width serviced 1 / un- serviced 2 (ft) Front Yard 3 4 (ft) Side Yard 3 4 5 (ft) Rear Yard 3 4 5 (ft) Height (ft) 6 Accessory uses (see TABLE 4.4) as required for main use 15 6 Cemetery C 20,000 sf / 2 ac 100 / 200 75 5 / 25 25 35 Dwelling 7: single-family and two-family, mobile home, RTM, modular, used only (see section 3.6.) C 20,000 sf / 2 ac 100 / 200 75 5 / 25 25 35 Dwelling 7 : single-family and two-family, stick built P 20,000 sf / 2 ac 100 / 200 75 5 / 25 25 35 Dwelling 7: multi-family, incl. modular, RTM C as required for single / two-family dwelling + 0.5 ac. site area for each additional dwelling unit Education service C 1 ac / 2 ac 100 / 200 75 25 25 35 Government service P 1 ac / 2 ac 100 / 200 75 25 25 35 Group home C 1 ac / 2 ac 100 / 200 75 25 25 35 Group residence C 1 ac / 2 ac 100 / 200 75 25 25 35 Institutional residence C 1 ac / 2 ac 100 / 200 75 25 25 35 Mobile home park including seasonal mobile home parks C 4 ac 300 25 25 25 15 Parking requirements see section 3.21. Personal care home C 1 ac / 2 ac 100 / 200 75 25 25 35 Place of assembly Planned unit development (see also section 3.9.) C as determined by Council Public facility P Public park / recreation area Public / private library and cultural exhibit Public utility Religious facility C 1 ac / 2 ac 100 / 200 75 25 25 35 Residential related farm, max. 9.9 a.u.: 1 a.u. allowed per acre of holding C 2 ac 200 75 25 25 35 Signs see section 3.19. Other uses deemed appropriate for this zone by Council C as determined by Council 51 Rural Municipality of Reynolds Zoning Bylaw 4.10.7. TABLE 4.4: "RSR" ZONE ACCESSORY USES TABLE 4.4: "RSR" ZONE ACCESSORY USE TABLE PERMITTED / CONDITIONAL Accessory and associated uses as defined in section 1.3 for each use / use class listed in TABLE 4.3 Bed and breakfast P Carport P Clotheslines, flagpoles and associated structures P Decks, including covered decks P Dock P Fences (see section 3.16.1.f.) P Garages / carport including fabric structures, private P Garage, loft, subject to the following maximums: garage size: nine hundred (900) sq. ft.; residential unit: four hundred and fifty (450) sq. ft.; height: twenty -four (24) ft. C Home business, home occupation P Home day care P Incinerators and individual sewage disposal systems, as approved by the authority having jurisdiction P Pet enclosures / dog houses: personal / private use P Lawn ornaments P Lighting fixtures P Outdoor cooking facilities, private P Outdoor heating appliances (chimney must be equal in height w / neighbouring residential chimney(s)) P Patios (including covered patios), gazebos, sunrooms and like structures P Play / sports structures P Privacy fences / structures located within a zoning site to a max. height of twelve (12) ft. P Reception equipment, incl. satellite dishes, radio antenna towers and similar uses, private (maximum height seventy (70) ft.) (see also section 3.31.) P Secondary / basement suite C Sheds including garden houses, fabric covered structures and similar structures P Shipping container storage structures C Solid waste storage structures, private P Swimming pools, hot tubs and related structures, private P Wind turbine, solar energy or standby electrical generation system, private P Other accessory uses deemed appropriate by Council C 52 Rural Municipality of Reynolds Zoning Bylaw 4.10.8. TABLE 4.5: MOBILE HOME PARKS USES AND BULK TABLE TABLE 4.5: MOBILE HOME PARKS USE AND BULK TABLE MINIMUM SITE AND DEVELOPMENT REQUIREMENTS BASED ON SERVICED / UNSERVICED SITES CRITERIA MINIMUM REQUIREMENTS Serviced 1 / Unserviced 2 Minimum site area in square feet (sf), acres (ac) 6000 sf / 2 ac Minimum site width 50 ft Minimum side to side clearance between mobile homes (including additions and attachments) and between mobile homes and accessory buildings 20 ft Minimum end to end clearance between mobile homes 30 ft Minimum mobile home dwelling unit area 400 sf Minimum distance between mobile home and permitted accessory buildings 10 ft Maximum number of accessory buildings 2 Maximum total size of all accessory buildings 600 sf Maximum height of accessory building 15 ft Minimum distance between accessory building(s) to an adjoining mobile home space, clear of all projections 10 ft Minimum distance from mobile home and / or accessory building to internal roadway and / or mobile home park boundary 30 ft Minimum width of road right-of-way 40 ft Minimum width of roadway surface 24 ft Maximum number of mobile homes per site 1 Minimum number of parking spaces per site 1 53 Rural Municipality of Reynolds Zoning Bylaw 4.10.9. TABLE 4.6: "RGZ", "RM1", "RM1c" AND "RM2" RURAL ZONES BULK REQUIREMENTS TABLE 4.6: "RGZ", "RM1", "RM1c" AND "RM2" RURAL ZONES BULK REQUIREMENTS USE / USE CLASSES "P" Permitted "C" Conditional ZONES MINIMUM REQUIREMENTS Acres (ac), Feet (ft) Site Area (ac) Site Width (ft) Front Yard 3 4 (ft) Side Yard 3 4 5 (ft) Rear Yard 3 4 5 (ft) Height (ft) 5 Accessory uses (see Table 4.7) ALL as required for main use Agri-business C ALL 2 200 125 25 25 35 Agricultural activities, not including livestock operation P ALL 80 600 125 25 25 35 Agricultural exhibition grounds C ALL 10 330 125 25 25 35 Agri-tourism (as main use) P ALL 80 600 125 25 25 35 Aircraft landing strip / field C ALL 15 330 125 25 25 35 Agriculture industry C ALL 80 600 125 25 25 35 Anhydrous ammonia facility (see also section 3.10.) C ALL 2 200 125 25 25 35 Animal and veterinary service P ALL 2 200 125 25 25 35 Asphalt plant, temporary C ALL as determined by Council Auctioneering establishment P ALL 2 200 125 25 25 35 Auctioneering establishment - livestock C RM1c 10 330 50 25 25 35 Automobile service station (see also entrance and exit requirements section 3.21.) P RM1c 2 200 125 25 25 35 Automotive and recreational vehicle (RV) sales, service, rental and repair (see also entrance and exit requirements section 3.22.) P RM1c 2 200 125 25 25 35 Camping and tenting grounds (see also TABLE 4.12) P RM1 2 200 125 25 25 35 Cemetery C ALL 4 200 125 25 25 35 Commercial resort P RM1 2 200 125 25 25 35 Communal Dwelling C ALL 2 200 125 25 25 35 Concrete batching plant, temporary (see also section 3.15.b.) C ALL as determined by Council Dwelling 7: single-family: used, subject to TABLE 4.8 (see also section 3.6) C ALL 2 200 125 25 25 35 Dwelling 7: single-family: stick built, mobile home, modular, RTM, subject to TABLE 4.8: Livestock Operation - Minimum Mutual Setback Requirements P ALL 2 200 125 25 25 35 54 Rural Municipality of Reynolds Zoning Bylaw TABLE 4.6: "RGZ", "RM1", "RM1c" AND "RM2" RURAL ZONES BULK REQUIREMENTS USE / USE CLASSES "P" Permitted "C" Conditional ZONES MINIMUM REQUIREMENTS Acres (ac), Feet (ft) Site Area (ac) Site Width (ft) Front Yard 3 4 (ft) Side Yard 3 4 5 (ft) Rear Yard 3 4 5 (ft) Height (ft) 5 Equestrian establishment: less than 200 a.u. subject to TABLE 4.8 P RM2 80 660 125 25 25 35 Equestrian establishment: greater than or equal to 200 a.u. subject to TABLE 4.8 C RM2 80 660 125 25 25 35 Equestrian establishment: less than 300 a.u. subject to TABLE 4.8 P RGZ 80 660 125 25 25 35 Equestrian establishment: greater than or equal to 300 a.u. subject to TABLE 4.8 C RGZ 80 660 125 25 25 35 Excavation and soil stripping C ALL as determined by Council Farmers market / outdoor market P ALL 2 200 125 25 25 15 Fleet service P RM1c 2 200 125 25 25 35 Forestry use P ALL 80 600 125 25 25 35 Game farm: less than 200 a.u., subject to TABLE 4.8 P RGZ 80 600 125 25 25 35 P RM2 80 600 125 25 25 35 Gas bar, standalone P RM1c 2 200 125 25 25 35 General storage P RM1c 2 200 125 25 25 35 Industrial vehicle and equipment sales / service / rentals (see entrance and exit requirements section 3.22.) P RM1c 2 200 125 25 25 35 Livestock operation: less than 299 a.u., subject to TABLE 4.8 P RGZ 80 600 125 25 25 35 Livestock operation: greater than or equal to 300 a.u., subject to TABLE 4.8 C RGZ 80 600 125 25 25 35 Livestock operation: less than 200 a.u., subject to TABLE 4.8 P RM2 80 600 125 25 25 35 Livestock operation: greater than or equal to 200 a.u., subject to TABLE 4.8 C RM2 80 600 125 25 25 35 Livestock operation, expansion of existing operations greater than 10 a.u. in size only, subject to TABLE 4.8 C RM1 80 600 125 25 25 35 Loading requirements see section 3.20. Mini warehouse and self-storage P RM1c 2 200 125 25 25 35 Natural resource development C ALL 80 600 125 25 25 35 Outdoor amusement establishment C RM1 2 200 125 25 25 35 Outdoor participation recreation service C RM1 2 200 125 25 25 35 Outfitting operation P RM1 2 200 125 25 25 15 Parking requirements see section 3.21. 55 Rural Municipality of Reynolds Zoning Bylaw TABLE 4.6: "RGZ", "RM1", "RM1c" AND "RM2" RURAL ZONES BULK REQUIREMENTS USE / USE CLASSES "P" Permitted "C" Conditional ZONES MINIMUM REQUIREMENTS Acres (ac), Feet (ft) Site Area (ac) Site Width (ft) Front Yard 3 4 (ft) Side Yard 3 4 5 (ft) Rear Yard 3 4 5 (ft) Height (ft) 5 Pet cemetery C RGZ 2 200 125 25 25 15 RM1 2 200 125 25 25 15 RM2 2 200 125 25 25 15 Planned unit development (see also section 3.9.) C RM1 as determined by Council Protective and emergency service P ALL as determined by Council Public facility P ALL as determined by Council Public park / recreation area P RM1 as determined by Council P RM2 as determined by Council Public utility service P ALL as determined by Council Protective and emergency service P ALL as determined by Council Quarry / aggregate / mineral extraction operation C ALL as determined by Council Recycling / waste collection centre (private) C ALL 2 200 125 25 25 35 Remnant / isolated rural residential lots created as per section 4.4.2 of the Whitemouth Reynolds Planning District Development Plan 2030 C RGZ 2 200 125 25 25 35 Residential related farm, max. 9.9 a.u.: 1 a.u. allowed per acre C RM1 2 200 125 25 25 35 Retail sales / service / repair P RM1c 2 200 125 25 25 35 Signs see section 3.19. Small animal breeding and boarding establishment C ALL 80 600 125 25 25 35 Solar energy generation station / system C RGZ as determined by Council Wayside pits and quarries, temporary (see section 3.15.b.) C ALL as determined by Council Wind energy generation station / system C RGZ as determined by Council 56 Rural Municipality of Reynolds Zoning Bylaw 4.10.10. TABLE 4.7: "RGZ", "RM1", "RM1c", "RM2" RURAL ZONES ACCESSORY USES TABLE 4.7: "RGZ", "RM1", "RM1c" AND "RM2" RURAL ZONES ACCESSORY USES PERMITTED / CONDITIONAL Accessory and associated uses as defined in section 1.3. for all uses / use classes listed in Table 4.6 Agri-tourism P Automated teller machine (ATM) as accessory to an approved commercial use P Bed and breakfast P Dwelling, communal 7 when accessory to permitted / conditional agricultural activity C Dwelling 7: second, including modular, mobile home, RTM, used C Dwelling(s) 7: single family, modular, RTM and mobile home, on the same site as the main dwelling, when accessory to a permitted / conditional agricultural activity P Dwelling 7: single family, incl. stick built, mobile home, modular, RTM or second floor dwelling unit for caretaker / owner of an approved commercial use P Bed and breakfast P Brew pub for hotel / motel uses in "RM1c" Zone only P Buildings / structures for the operation and maintenance of an agricultural activity, incl. animal housing, associated manure storage facilities, fabric covered structures, machine sheds, storage structures and similar structures P Clotheslines, flagpoles and associated structures P Decks (see also section 3.15.d.) Dwelling 7 : single family, incl. mobile home, modular, RTM or second floor dwelling unit for caretaker / owner of an approved commercial use in the "RM1c" Zone only P Farm produce outlet, including associated structures P Fences (see section 3.16.1.f.) P Garage / carport, private P Garage, loft, subject to the following maximums: garage size: (900) sq. ft.; residential unit: four hundred and fifty (450) sq. ft.; height: twenty-four (24) ft. on lots created for rural / seasonal residential purposes as per section 2.2.2.5. of the Whitemouth Reynolds Development Plan 2030 only. C Home business, home industry, home occupation P Home day care P Incinerators / individual sewage disposal systems, as approved by authority having jurisdiction P Pet enclosures / dog houses, personal / private use P Lawn ornaments, lighting fixtures P Outdoor cooking facilities, private P 57 Rural Municipality of Reynolds Zoning Bylaw TABLE 4.7: "RGZ", "RM1", "RM1c" AND "RM2" RURAL ZONES ACCESSORY USES PERMITTED / CONDITIONAL Outdoor heating appliances P Vacation farm P Patios, including covered patios / decks, gazebos, sunrooms and like structures P Patios - commercial, as accessory to hotel, eating and drinking establishments P Play / sports structures P Reception equipment, incl. satellite dishes, towers, and similar uses (max. height seventy (70) feet) (see also section 3.31.) P Secondary / basement suite C Shipping containers C Storage structures, including machine sheds, garden sheds, fabric covered structures and like uses P Swimming pools, hot tubs / related structures, private / commercial, subject to regulatory approval P Wind turbine, solar energy or standby electrical generation system, private P 58 Rural Municipality of Reynolds Zoning Bylaw 4.10.11. TABLE 4.8: LIVESTOCK OPERATION - MINIMUM MUTUAL SETBACK REQUIREMENTS 8 Not including residence of the owner / operator of the livestock operation 9 Designated areas include identified limits of the Transitional Centres of Hadashville, Prawda and Rural Settlement Policy Areas including Richer East, Ste. Rita and Rennie, as measured from the limits of the "RSR" and / or "GD" zoning designations associated with these centres shown on the attached Zoning Map 10 Includes barns and non-earthen manure storage structures such as above or below-grade tanks TABLE 4.8: LIVESTOCK OPERATION - MINIMUM MUTUAL SETBACK REQUIREMENTS Size of Livestock Operation in Animal Units (a.u.) Minimum Setback Requirements in Feet (ft) From a Single Residence 8 From Designated Areas 9 To Earthen Manure Storage Facility / Feedlot To Animal Housing Facility / Confined Livestock Area / Non-Earthen Manure Storage 10 To Earthen Manure Storage Facility / Feedlot To Animal Housing Facility / Confined Livestock Area / Non-Earthen Manure Storage 10 10 - 100 656 ft 328 ft 2,625 ft 1,739 ft 101 - 200 984 ft 492 ft 3,937 ft 2,625 ft 201 - 300 1,312 ft 656 ft 5,249 ft 3,511 ft 301 - 400 1,476 ft 738 ft 5,906 ft 3,937 ft 401 - 800 1,640 ft 820 ft 6,561 ft 4,364 ft 801 - 1,600 1,968 ft 984 ft 7,874 ft 5,249 ft 1,601 - 3,200 2,297 ft 1,148 ft 9,186 ft 6,135 ft 3,201 - 6,400 2,625 ft 1,312 ft 10,499 ft 6,988 ft 6,401 - 12,800 2,953 ft 1,476 ft 11,811 ft 7,874 ft Greater than 12,800 3,281 ft 1,640 ft 13,123 ft 8,760 ft 59 Rural Municipality of Reynolds Zoning Bylaw 4.10.12. TABLE 4.9: ANIMAL UNIT SUMMARY TABLE TABLE 4.9: ANIMAL UNIT SUMMARY TABLE LIVESTOCK A.U. PRODUCED BY ONE (1) LIVESTOCK LIVESTOCK PRODUCING ONE (1) A.U. Dairy Milking cows, including associated livestock 2.000 0.5 Beef Beef cows, including associated livestock 1.250 0.8 Backgrounder 0.500 2.0 Summer pasture / replacement heifers 0.625 1.6 Feeder cattle 0.769 1.3 Hogs Sows, farrow to finish 1.250 0.8 Sows, farrow to weanling 0.25 4.0 Sows, farrow to nursery 0.313 3.2 Weanlings 0.033 30 Growers / finishers 0.143 7.0 Boars (artificial insemination operations 0.200 5.0 Chickens Broilers 0.0050 200 Roasters 0.0100 100 Layers 0.0083 120 Pullets and broiler breeder pullets 0.0033 300 Broiler breeder hens 0.0100 100 Turkeys Broilers 0.010 100 Heavy Toms 0.020 50 Heavy hens 0.010 100 Horses (PMU) Mares, including associated livestock 1.333 0.75 Sheep Ewes, including associated livestock 0.200 5.0 Feeder lambs 0.063 16.0 This table is included for reference purposes only. If there is any discrepancy between this table and those contained in the Provincial Farm Practices Guidelines and legislation enacted by the Province of Manitoba, the latter shall apply. For other livestock or operation types, please inquire with your regional Agricultural Engineer or Livestock Specialist. This Table is taken from Appendix I of the Farm Practices Guidelines for Hog Producers in Manitoba, February 7, 2000 edition. 60 Rural Municipality of Reynolds Zoning Bylaw 4.10.13. TABLE 4.10: "RCI" RURAL COMMERICIAL / INDUSTRIAL ZONE BULK REQUIREMENTS TABLE 4.10: "RCI" RURAL COMMERCIAL / INDUSTRIAL ZONE BULK REQUIREMENTS USE CLASSES / USES Permitted "P" Conditional "C" MINIMUM REQUIREMENTS Acres (ac) Feet (ft) Site Area (ac) (sf) Site Width (ft) Front Yard 3 4 (ft) Side Yard 3 4 5 (ft) Rear Yard 3 4 5 (ft) Height 5 (ft) Accessory uses (see section 3.12. and TABLE 4.11) as required for main use Abattoir P 2 ac 200 75 10 25 35 Agri-business 2 ac 200 75 10 25 35 Agriculture industry 2 ac 200 75 10 25 35 Anhydrous ammonia facility C 4 ac 300 75 25 25 35 Asphalt plant C 4 ac 300 75 25 25 35 Automobile service station (see also entrance and exit requirements section 3.22.) P 2 ac 200 75 10 25 35 Automotive and recreational vehicle (RV) sales, service, rental and repair (see also entrance and exit requirements section 3.22.) 2 ac 200 75 10 25 35 Broadcast and motion picture studio 1 ac 150 75 10 25 35 Business support service 1 ac 150 75 10 25 35 Bulk storage facility 1 ac 150 75 10 25 35 Camping and tenting grounds (see also TABLE 4.12) 2 ac 200 75 10 25 35 Clinic 2 ac 200 75 10 25 35 Commercial resort 2 ac 200 75 10 25 35 Commercial school 2 ac 200 75 10 25 35 Contractor service 2 ac 200 75 10 25 35 Custom manufacturing establishment 2 ac 200 75 10 25 35 Eating and drinking establishment 2 ac 200 75 10 25 35 Fleet service 2 ac 200 75 10 25 35 Forestry use 2 ac 200 75 10 25 35 Fuel tank storage C 4 ac 300 75 25 25 35 Gas bar, standalone P 1 ac 300 75 25 25 35 General storage P 1 ac 150 75 25 25 35 Hotel / motel 2 ac 150 75 25 25 35 Industrial, general and light P 2 ac 200 75 10 25 35 Industrial vehicle and equipment sales / service / rentals (see also entrance and exit requirements section 3.22.) P 2 ac 200 75 10 25 35 Information technology use P 2 ac 200 75 10 25 35 Loading requirements see section 3.20. Manufacturing facility P 2 ac 200 75 10 25 35 Mini warehouse and self-storage P 2 ac 200 75 10 25 35 61 Rural Municipality of Reynolds Zoning Bylaw TABLE 4.10: "RCI" RURAL COMMERCIAL / INDUSTRIAL ZONE BULK REQUIREMENTS USE CLASSES / USES Permitted "P" Conditional "C" MINIMUM REQUIREMENTS Acres (ac) Feet (ft) Site Area (ac) (sf) Site Width (ft) Front Yard 3 4 (ft) Side Yard 3 4 5 (ft) Rear Yard 3 4 5 (ft) Height 5 (ft) Parking requirements see section 3.21. Planned unit developments, commercial and industrial only (see also section 3.9.) C 2 ac 200 75 10 25 35 Processing use P 2 ac 200 75 10 25 35 Professional, financial and office support service P 2 ac 200 75 10 25 35 Public utility service P as determined by Council Recycling / waste collection and processing centre (private) P 2 ac 200 75 25 25 35 Repair service, household P 1 ac 125 75 10 25 35 Retail sales / service / repair P 2 ac 200 70 10 25 35 Salvage operation / yard C 2 ac 200 70 10 25 35 Shopping centre / strip mall P 2 ac 200 70 10 25 35 Signs see section 3.19. Storage compound P 2 ac 200 70 10 25 35 Transport terminal P 2 ac 200 70 10 25 35 Trucking operation P 2 ac 200 70 10 25 35 Warehouse / warehouse sales / storage P 2 ac 200 70 10 25 35 Other uses deemed appropriate for the zone by Council C as determined by Council The following site specific land holdings are included in the "RCI" RURAL COMMERCIAL / INDUSTRIAL ZONE: 1. All that portion of NE 17 - 08 - 09 E lying to the south of the southern limit of Road Plan no. 10354 WLTO and to the north of the northern limit of Road Plan no. 2946 WLTO which lies to the west of the western limit of Plan no. 49327 WLTO; 2. Lot 3, Plan no. 49327 WLTO in NE 17 - 08 - 09 E; and 3. Lot 2, Block 3, Plan no. 16833 WLTO in NE 18 - 08 - 09 E. 62 Rural Municipality of Reynolds Zoning Bylaw 4.10.14. TABLE 4.11: "RCI" ACCESSORY USE TABLE TABLE 4.11: "RCI" RURAL COMMERCIAL / INDUSTRIAL ACCESSORY USE TABLE PERMITTED / CONDITIONAL Accessory uses and associated uses as defined in section 1.3 for all uses / use classes listed in TABLE 4.10 Automated teller machine (ATM) P Business support service P Dwelling 7 : single family, incl. stick built, mobile home, modular, RTM or second floor dwelling unit for caretaker / owner of an approved commercial use P Garage / carport, private including fabric covered structures P Incinerators and individual sewage disposal systems, as approved by authority having jurisdiction P Lighting fixtures P Outdoor heating appliances P Patios - as accessory to hotel, eating and drinking establishments P Shipping containers P Signs (see also section 3.19.) P Reception equipment, incl. satellite dishes, towers, and similar uses (max. height seventy (70) feet) (see also section 3.31.) P Solid waste storage structures, private and commercial P Storage compound / area for goods used / produced by an approved commercial / industrial use P Storage structures, including machine sheds, fabric covered structures, shipping containers and like uses P Swimming pools, hot tubs and related structures, private (see also section 3.28.) / commercial (subject to regulatory approval) P Wind turbine, solar energy or standby electrical generation system, private P Other accessory uses deemed appropriate by Council C 63 Rural Municipality of Reynolds Zoning Bylaw 4.10.15. TABLE 4.12: MINIMUM SITE REQUIREMENTS FOR CAMPING AND TENTING GROUNDS TABLE 4.12: MINIMUM SITE REQUIREMENTS FOR CAMPING AND TENTING GROUNDS TRAVEL TRAILER / CAMPING SPACE REQUIREMENTS MINIMUM REQUIREMENTS feet (ft), square feet (sf) Area of each space 2400 sf Width of each space 40 ft Side to side and end to end clearance between travel trailer, camping units and park model trailers, including projections 15 ft Distance from travel trailer, camping unit, park mode trailer or other structure to roadway 30 ft Parking spaces per unit 1 Minimum width or roadway surface: one way / two way 12 ft / 24 ft Minimum width of roadway right-of-way: one way / two way 20 ft / 40 ft