R.M. of Rockwood Zoning By-law No. 20/19 (as amended)
Rural Municipality of Rockwood, Manitoba
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unofficial consolidation, the official version is held by the municipal clerk.
Notice: All persons making use of this Consolidation are reminded that it has
no legislative sanction; that the Amendments have been embodied only for
the convenience of reference; and that the original By-law and Amendments
should be consulted for all purposes of interpreting and applying the law.
An Office Consolidation of the
Rural Municipality of Rockwood
Zoning By-law
By-law No. 20/19
RM of Rockwood Zoning By-law No. 20/19
1
Adopting
By-law
Changes and Amendments
Content
Affected
Remarks
Text
Map
4/21
-
Text amendment to Appendix B, Permitted &
Conditional Uses table - add permitted use for
Government Service in RS-1 with footnote.
X
13/20
-
Rezoned from "MEH" to "ME"
X
Map 1
17/20
-
Rezoned from "MEH" to "ME"
X
Map 1
2/23
-
Housekeeping text amendment
X
16/23
-
Rezoned from "MEH" to "ME"
X
Map 1
14/24
-
Text amendments to sections 22.6; 33.3.2; 34.2.2.1:
43.4(a); 46.8; add section 69.2; Appendices A, B,
and C.
-
Rezoned from "AL" to "MG" and rezoned from
"UH", "RS-1", "AL", and "PR" to "CM1"
X
X
Map 4
(Included Map 1 in
amendment but no
change affected the Map
4 overlay in Map 1.)
15/24
-
Rezoned from "MEH" to "ME"
X
Map 1
10/25
-
Rezoned from "CC" and "RS-2" to "RM"
X
Map 5
25/25
-
Text amendment to Appendix B, Permitted &
Conditional Uses table - add conditional use for
Automotive and Equipment Repair Shop in RS-1
with footnote.
X
34-25
-
Rezoned from "MEH" to "ME"
X
Map 1
35-25
-
Rezoned from "MEH" to "ME"
X
Map 1
ZONING BY-LAW
NO. 20/19
298 Waterfront Drive
Winnipeg, Manitoba R3B 0G5
Phone: 204.453.8008
E-mail: [email protected]
THE RURAL MUNICIPALITY
OF ROCKWOOD
THE RURAL MUNICIPALITY OF ROCKWOOD
THE RURAL MUNICIPALITY OF ROCKWOOD
ZONING BY-LAW
BEING SCHEDULE "A"
ATTACHED TO BY-LAW NO. 20/19
OF
THE RURAL MUNICIPALITY OF ROCKWOOD
OPERATIVE AND INTERPRETIVE CLAUSES ............................................................................................0
1.0
Title and Contents .................................................................................................................................... 1
2.0
Non-Conforming Buildings, Structures, Lots and Uses ............................................................................ 4
3.0
The Zone Maps ........................................................................................................................................ 5
4.0
Approval Required for Development ....................................................................................................... 7
5.0
Other Legislation ...................................................................................................................................... 7
6.0
Definitions ................................................................................................................................................ 8
7.0
Use Class Definitions .............................................................................................................................. 30
GENERAL ADMINISTRATIVE CLAUSES ................................................................................................ 48
8.0
Authority and Responsibility of the Designated Officer ........................................................................ 49
9.0
Responsibilities of Council and the Planning District Board .................................................................. 51
10.0
Duties of the Owner ............................................................................................................................... 52
11.0
Development Classes ............................................................................................................................. 52
12.0
Development Permit Application Submissions ...................................................................................... 54
13.0
Special Information Regulations ............................................................................................................ 57
14.0
Conditions Attached to a Development Permit ..................................................................................... 58
15.0
Enforcement and Penalties .................................................................................................................... 59
16.0
Zoning By-law Amendments .................................................................................................................. 60
17.0
Conditional Uses .................................................................................................................................... 62
18.0
Variation Orders .................................................................................................................................... 64
19.0
Subdivisions ........................................................................................................................................... 64
GENERAL DEVELOPMENT REGULATIONS ........................................................................................... 65
20.0
Applicability ........................................................................................................................................... 66
21.0
Yards on Corner Lots and Double Fronting Lots .................................................................................... 66
22.0
Projections into Yards ............................................................................................................................ 66
23.0
Objects Prohibited or Restricted in the RS-1 and RS-2: Residential Single Family, RM: Residential
Multiple Family and RC: Residential Comprehensive Zones ............................................................................... 67
24.0
Fences .................................................................................................................................................... 67
25.0
Accessory Uses, Buildings and Structures .............................................................................................. 68
26.0
Lighting of Sites ...................................................................................................................................... 70
27.0
Height Exemptions ................................................................................................................................. 71
28.0
Access to Sites ........................................................................................................................................ 71
29.0
Surface Materials for Parking and Loading Areas .................................................................................. 71
30.0
Landscaping ........................................................................................................................................... 71
31.0
Moving of Structures ............................................................................................................................. 72
32.0
Parking ................................................................................................................................................... 72
33.0
Signs ....................................................................................................................................................... 77
34.0
Performance Standards for Industrial Use Class Developments ........................................................... 83
35.0
General Performance Standards for Residential and Commercial Uses ................................................ 84
36.0
Development Restricted ........................................................................................................................ 85
37.0
Streets .................................................................................................................................................... 90
38.0
Connecting to Municipal Services .......................................................................................................... 90
SPECIAL LAND USE REGULATIONS ..................................................................................................... 91
39.0
Applicability ........................................................................................................................................... 92
40.0
Vehicular - Oriented Uses ...................................................................................................................... 92
41.0
Home Industries ..................................................................................................................................... 93
42.0
Home Occupations................................................................................................................................. 94
43.0
Bed and Breakfast Homes ..................................................................................................................... 96
44.0
Planned Unit Developments .................................................................................................................. 97
45.0
Private and Semi-Private Swimming Pools and Hot Tubs ...................................................................... 98
46.0
Car Brokers ............................................................................................................................................ 98
47.0
Temporary Mobile Home Dwellings .................................................................................................... 100
48.0
Non-Commercial Farms ....................................................................................................................... 100
49.0
Livestock Operations............................................................................................................................ 101
50.0
Anhydrous Ammonia Facilities ............................................................................................................ 106
51.0
Small Animal Breeding and Boarding Establishment ........................................................................... 107
52.0
Aggregate Extraction Operations ......................................................................................................... 107
53.0
Wayside Pits and Quarries ................................................................................................................... 114
54.0
Secondary Suites .................................................................................................................................. 114
55.0
Wildlife Rehabilitation Centre ............................................................................................................. 116
56.0
Rural Retreat and Events ..................................................................................................................... 117
57.0
Hobby Poultry ...................................................................................................................................... 118
58.0
Solar Collectors .................................................................................................................................... 118
59.0
Equestrian Commercial Establishments .............................................................................................. 119
60.0
Cannabis Retail Stores ......................................................................................................................... 120
61.0
Farm Diversification Operations .......................................................................................................... 120
ZONES ........................................................................................................................................... 123
62.0
Intent of Zoning Districts ..................................................................................................................... 124
63.0
Permitted and Conditional Uses .......................................................................................................... 124
64.0
Residential Zones ................................................................................................................................. 125
65.0
Commercial Zones ............................................................................................................................... 128
66.0
Industrial Zones ................................................................................................................................... 130
67.0
Urban Holding Area Zones ................................................................................................................... 132
68.0
Rural Settlement Centre Zones ............................................................................................................ 133
69.0
Mixed Used Zones................................................................................................................................ 135
70.0
Agricultural Zones ................................................................................................................................ 137
Zoning By-law Maps ...................................................................................................................... 139
OPERATIVE AND INTERPRETIVE CLAUSES
SECTIONS
OPERATIVE AND
1-7
INTERPRETIVE CLAUSES
RM OF ROCKWOOD
PAGE 1
ZONING BY-LAW NO. 20/19
1.0
Title and Contents
1.1
Title
This By-law may be cited as the Rural Municipality (RM) of Rockwood Zoning By-
law.
1.2
Intent and Purpose
The regulations established by this By-law are deemed necessary in order:
To ensure general conformance with the objectives and policies of the South
Interlake Planning District Development Plan.
To outline the powers and duties of RM of Rockwood Council (Council), the South
Interlake Planning District Planning Board (Planning Board), the Designated Officer
and the landowner and/or developer as they relate to this By-law.
To regulate the following:
all buildings and structures erected hereafter;
all uses or changes in use of all buildings, structures and land established
hereafter;
all structural alterations or relocations of existing buildings and structures
occurring hereafter; and
all enlargements or additions to existing buildings, structures and uses.
1.3
Regulation of Uses
With the exception of Section 5.2 of this By-law, no land, building or structure shall
be constructed, enlarged, placed, used or occupied except for a use that:
is listed in the Zone clauses as:
i)
a permitted use development;
ii)
a conditional use development, subject to approval as such; or
is an accessory use, building or structure.
has been granted a use variance as per Section 97(2) of the Act.
SECTIONS
OPERATIVE AND
1-7
INTERPRETIVE CLAUSES
RM OF ROCKWOOD
PAGE 2
ZONING BY-LAW NO. 20/19
There shall be a maximum of one dwelling unit per lot or parcel of land, except for
the following:
dwelling units that are required for employees or family members, who in the
opinion of Council, will be actively involved in an agricultural operation and
deriving a significant income from it;
Single Family Dwellings, Two Family Dwellings, Townhouse Dwellings,
Multiple Family Dwellings or Temporary Mobile Home Dwellings as provided
for in this By-law; and
Mobile Home Dwellings in a mobile home park that has been approved by
Council.
Where any land, building or structure is used for more than one purpose, all
provisions of the By-law relating to each use shall apply. Where there is a conflict,
the more restrictive regulations shall prevail, except as otherwise approved by
Council.
1.4
Contents of the By-law
Contents of this By-law include:
Part I, comprising of Section 1.0 to Section 7.0, outlines the Operative and
Interpretive Clauses.
Part II, comprising of Section 8.0 to Section 61.0, outlines the General
Administrative Clauses, General Development Regulations and Special Land Use
Regulations.
Part III, comprising of Section 62.0 to Section 70.0, outlines the Zone clauses.
Part IV comprising the Zone Maps.
1.5
Headings, Appendices and Titles
Despite any other provision of this By-law or any other By-law passed by Council to
the contrary, headings and titles within this By-law shall be deemed to form part of
the text of this By-law.
1.6
Interpretation
Words, phrases and terms defined herein shall be given the defined meaning.
Words, phrases and terms neither defined herein nor defined in By-laws of the RM
of Rockwood shall be given their usual and customary meaning except where, in
the opinion of Council, the context indicates a different meaning.
SECTIONS
OPERATIVE AND
1-7
INTERPRETIVE CLAUSES
RM OF ROCKWOOD
PAGE 3
ZONING BY-LAW NO. 20/19
The phrase used for includes arranged for; maintained for; designed for; or
occupied for.
The provisions of this By-law shall be interpreted to be the minimum regulations
except where the abbreviation for, or word, maximum is used, in which case the
maximum regulation shall apply.
Unless the context clearly indicates the contrary, where a regulation involves two
or more items, conditions, provisions or events connected by the conjunctions and,
or, or either-or, the conjunctions shall be interpreted as follows:
and indicates that all the connected items, conditions, provisions or events
shall apply;
or indicates that all the connected items, conditions, provisions or events may
apply singly or in combination; and
either-or indicates that the connected items, conditions, provisions or events
shall apply singly but not in combination.
The word includes shall not limit a term to the specified examples, but is intended
to extend the meaning to all instances or circumstances of the like kind or character.
Drawings and illustrations form part of this By-Law and are provided to assist in
interpreting and understanding the By-Law. Where any conflict or inconsistency
arises between a drawing or illustration and the text of the By-Law, the text governs.
Where any requirement of this By-Law result in a fraction of a unit, a fraction of
one-half or more is considered a whole unit and a fraction of less than one-half, is
disregarded.
If a use is not specifically listed in the zones or deemed similar by the Designated
Officer as provided for in Section 7.0 4) of this By-Law, the use is not permitted.
1.7
Units of Measurement
For convenience, this By-law contains both metric and imperial measurements. In
cases where a discrepancy occurs between the metric and imperial standards, the
metric unit shall prevail.
1.8
Effective Date
This By-law shall be in full force and effect when the Council of the RM of Rockwood
has given it Third Reading.
SECTIONS
OPERATIVE AND
1-7
INTERPRETIVE CLAUSES
RM OF ROCKWOOD
PAGE 4
ZONING BY-LAW NO. 20/19
1.9
Control of Development
No development, other than that designated in Section 11.1, shall be undertaken
in the RM of Rockwood unless an application has been approved and the
development permit has been issued.
1.10
Relationship to Former By-laws
The adoption of this By-law shall not prevent any pending or future legal action to
deal with any existing land use violations.
1.11
Validity
Should a court of competent jurisdiction declare any Section or part of a Section of
this By-law invalid, the same shall not affect provisions of the By-law as a whole or
any part thereof beyond that which is declared invalid.
2.0
Non-Conforming Buildings, Structures, Lots and Uses
When on or before the day on which this By-law or any By-law for the amendment
of it comes into force, a development permit has been issued, and the enactment
of the By-law would render the development in respect of which the permit was
issued a non-conforming building, structure, lot, or use, the development permit
continues in effect despite the enactment of the By-law.
Any lawful building or structure which does not conform to one or more of the
applicable yard regulations of the Zone in which it is located, either on the effective
date of this By-law or amendments thereto, shall be deemed to be a lawfully
existing permitted building or structure and shall be used as if it conformed to all
such regulations, in accordance with Section 2.0 (5) hereof.
Any legal existing lot which does not conform to the minimum site area, site width,
front yard or access regulations hereof for the Zone wherein it is located, shall be
deemed to be a permitted lot and shall be used as if it conformed to all such
regulations, in accordance with Section 2.0 (5) hereof.
Any lawful use of a building, structure or lot, or portion thereof, which does not
conform to one or more of the applicable use regulations of the Zone in which it is
located, either on the effective date of this By-law or amendments thereto, shall be
deemed to be a permitted use and shall be used as if it conformed to all such
regulations, in accordance with Section 2.0 (5) hereof.
A non-conforming use of land or a non-conforming use of a building may be
continued, but if that use is discontinued for a period of twelve consecutive months
or more, any future use of the land or building shall conform to the provisions of
this By-law.
SECTIONS
OPERATIVE AND
1-7
INTERPRETIVE CLAUSES
RM OF ROCKWOOD
PAGE 5
ZONING BY-LAW NO. 20/19
A non-conforming use of part of a lot shall not be extended or transferred in whole
or in part to any other part of the lot and no additional buildings shall be erected
upon the lot while the non-conforming use continues.
A non-conforming use of part of a building shall not be extended throughout the
building and the building, whether or not it is a non-conforming building shall not
be enlarged or added to and no structural alterations shall be made thereto or
therein.
A non-conforming building may continue to be used, but the building shall not be
enlarged, added to, rebuilt or structurally altered except:
as may be necessary to make it a conforming building; or
as the Designated Officer considers necessary for the routine maintenance of
the building or to make safe as per the building code.
Where a building or structure that does not conform to the provisions of this By-
law or amendments thereto is destroyed or damaged to an extent that is 50.00
percent or more of the assessed value of the building or structure above its
foundation, the building or structure shall not be repaired or rebuilt except in
conformity with the provisions of this By-law.
The use of land or the use of a building is not affected by change of ownership,
tenancy or occupancy of the land or building.
Despite Section 2.0 (1) to Section 2.0 (10), as per the Act a non-conformity may be
altered by way of variation order by Council.
Any owner may apply to the Designated Officer for a Certificate of Non-Conformity
in accordance with the provisions of the Act.
3.0
The Zone Maps
The Zone Maps are Part IV of this By-law, which divide the RM of Rockwood into
Zones and specifies regulations applying to particular lands.
3.1
Zone Boundaries
Should uncertainty or dispute arise relative to the precise location of the boundary of
any zone, as depicted on the Zone Maps, the location shall be determined by the
following:
Where a Zone boundary is shown as approximately following the centre of streets,
lanes or other public thoroughfares, it shall be deemed to follow the centre line
thereof.
SECTIONS
OPERATIVE AND
1-7
INTERPRETIVE CLAUSES
RM OF ROCKWOOD
PAGE 6
ZONING BY-LAW NO. 20/19
Where a Zone boundary is shown as approximately following the boundary of a site,
the site boundary shall be deemed to be the boundary of the Zone for that portion
of the Zone boundary which approximates the site boundary.
Where a Zone boundary is shown approximately following Municipal limits, it shall
be deemed to be following Municipal limits.
Where a Zone boundary is shown as approximately following the centre of pipelines,
railway lines, or utility easements, it shall be deemed to follow the centre line of
the right-of-way thereof.
Where a Zone is shown as approximately following a topographic contour line or a
top-of-bank line, it shall be deemed to follow the said line. In the event of a change
in the said line, it shall be deemed as moving with that line.
Where a Zone boundary is shown as being parallel to or as an extension of features
noted above, it shall be so construed.
Where features on the ground are at variance with those shown on the Zone Map
or in other circumstances not mentioned above, the Designated Officer shall
interpret the Zone boundaries. Any such decision may be appealed to Council.
Where a Zone boundary is not located in conformity to the provisions of Section
3.1(1) to Section 3.1(7) of this By-law, and in effect divides or splits a registered
parcel of land into more than one Zone:
the disposition of the said boundaries shall be determined by dimensions
indicated on the Zone Maps or by measurements directly scaled from the
Zone Maps; and
each such portion of the said parcel of land shall be used in accordance with
the applicable Zone regulations of this By-law as if it were a separate site.
3.2
Right-of Way Boundaries
Despite anything contained in this By-law, no Zone shall be deemed to apply to any
public roadway and any public roadway may be designed, constructed, widened,
altered, redesigned and maintained in such manner as may be determined by
Council.
Where any public roadway is closed pursuant to the provisions of The Municipal
Act, as amended, the land contained therein shall there upon be deemed to carry
the same Zone as the abutting land.
Despite Section 3.2 (2), where such abutting lands are governed by different Zones,
the centre line of the public right-of-way shall be deemed to be the Zone boundary.
SECTIONS
OPERATIVE AND
1-7
INTERPRETIVE CLAUSES
RM OF ROCKWOOD
PAGE 7
ZONING BY-LAW NO. 20/19
4.0
Approval Required for Development
No person
shall commence, or cause or allow to be commenced, a development without
a development permit which has been issued under the provisions of this By-
law; or
shall carry on, or cause or allow to be carried on a development without a
development permit which has been issued under the provisions of this By-
law.
5.0
Other Legislation
5.1
Compliance
A person applying for, or in possession of, a valid development permit is not
relieved from full responsibility for ascertaining and complying with or carrying out
development in accordance with:
the regulations of the Manitoba Building Code as well as applicable Municipal
building regulations ;
the South Interlake Planning District Development Plan;
any other appropriate Federal, Provincial or Municipal legislation; and
the conditions of any caveat, covenant, site plan, development agreement,
variation order or conditional use order, easement or other instrument
affecting a building or land.
Whenever provisions contained in any appropriate Federal, Provincial or Municipal
legislation impose overlapping regulations, laws or policies over the use of land,
buildings or structures, or contain any restrictions covering any of the same subject
matter contained herein, the most restrictive or highest standard shall apply.
Whenever the provisions of a special agreement or development agreement
entered into between the RM of Rockwood and a developer impose overlapping
regulations over the use of land, buildings or structures, or contain any restrictions
covering any of the same subject matter contained in this By-law, the most
restrictive or highest standard shall govern.
The Province of Manitoba and the Government of Canada are not bound or
restricted by any regulation of this By-law. The said governments are encouraged,
however, to permit only those developments that are consistent with the
regulations of this By-law.
SECTIONS
OPERATIVE AND
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RM OF ROCKWOOD
PAGE 8
ZONING BY-LAW NO. 20/19
5.2
Public Utilities and Services
Nothing in this By-law shall be so interpreted as to interfere with the construction,
maintenance and operation of the facilities of any Public Utility Service or
Protective and Emergency Service, as defined in this By-law.
6.0
Definitions
Terms and words in this By-law as defined in the Act have the meaning expressed therein. Other
terms and words, unless the context otherwise requires, are defined below.
6.1
General Definitions
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 line with it.
Accessibility means the ability of persons with disabilities to enter and use facilities
without having to avoid significant obstacles that are not inherent in the design of
the facility.
Accessory means, when used to describe a use, building or structure, said use,
building or structure is naturally or normally incidental, subordinate, and
exclusively devoted to the principal use or building, and located on the same lot or
site.
Act, the means The Planning Act, being Chapter P80 of the Continuing
Consolidation of the Statutes of Manitoba, and amendments thereto.
Aggregate means quarry mineral that is used solely for construction purpose as a
constituent other than in the manufacture of cement and includes sand, gravel, clay,
crushed stone and crushed rock.
Aggregate Quarry means a quarry from which aggregate is extracted.
Alteration means a change or modification to an existing building, structure or use
which, unless otherwise provided for herein, does not increase the exterior
dimensions with respect to height and area.
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 total nitrogen in a twelve-month
period.
Applicant means a registered owner or an owner's authorized agent, who has filed
an application subject to the provisions of this By-law.
SECTIONS
OPERATIVE AND
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INTERPRETIVE CLAUSES
RM OF ROCKWOOD
PAGE 9
ZONING BY-LAW NO. 20/19
Aquifer means a water bearing geological formation that is capable of producing
water to wells or springs in quantities that are economically useful.
Attached, when used in reference to a building, means a building otherwise
complete in itself, which is dependent for structural support, or complete enclosure,
upon a wall or walls shared in common with an adjacent building or buildings. When
used in reference to a deck, Attached means a deck that abuts a home, whether
attached or technically detached.
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 card.
Basement means the portion of a building or structure which is wholly or partially
below grade, having above grade no more than 1.83 m. (6.00 ft.) of its clean height
which lies below the finished level of the floor directly above or being a minimum
depth of 1.22 m. (4.00 ft.).
Bedroom means a habitable room located within a dwelling unit that is used
primarily for sleeping.
Bedroom Suites means a bedroom located within a dwelling unit that contains
washroom facilities for the exclusive use of the occupants thereof.
Blank Walls means exterior walls containing no windows, doors or other similar
openings.
Buffer Strip means a strip of landscaping or vegetation used to provide a screen
between sites in order to mitigate objectionable features between them.
Building means any structure used or built for the shelter, accommodation or
enclosure of persons, animals, material or equipment.
Building Inspector means the officer or employee of the Municipality or Planning
District charged with the duty of enforcing the Municipal Building By-law and any
applicable Provincial and National Building Codes or regulations.
Building Permit means a permit issued by the Municipality authorizing the
construction or alteration of all or part of any building or structure, in accordance
with the applicable codes and standards.
Bulk Fuel Storage Tank means a tank used for the bulk storage of petroleum
products or other flammable liquids legally stored within a structure or
establishment that is incidental to the primary use of the site.
SECTIONS
OPERATIVE AND
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RM OF ROCKWOOD
PAGE 10
ZONING BY-LAW NO. 20/19
Calliper means the trunk diameter of a tree measured at a point 300.00 mm. (12.00
in.) above the top of the root ball.
Campground means a parcel of land used or maintained as an overnight tenting or
camping area, where people are temporarily accommodated in tents, trailers,
travel trailers, motor homes or similar facilities, whether or not a fee or charge is
paid for the rental thereof, but does not included a mobile home or a mobile home
park.
Commercial Rental Unit means a single commercial space available on the market
as a self-sufficient, independent unit, equipped, zoned and intended to be used for
commercial purposes.
Common Element means all property within a condominium except the
condominium units.
Composting means a designed and managed system to facilitate the process of
aerobic decomposition of organic matter by biological action.
Conditional Use Order means those uses of land, buildings or structures which may
be permitted in a particular Zone but only at the discretion of Council in accordance
with the Act.
Condominium means individual ownership of a unit in a multiple unit structure
where expenses common to all parties are shared.
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.
Condominium Unit means a part of the land or building that is designated as a unit
by the condominium plan, and is comprised of the space enclosed by its boundaries
and all material parts of the land within this space at the time the condominium
declaration and plan are registered.
Confined Livestock Area means an outdoor, non-grazing area where livestock are
confined by fences or other structures and includes a feedlot, paddock, corral,
exercise yard, and holding area, as well as a covered structure used to confine
livestock that has one or more sides without a wall that exposes the interior of the
structure to the elements, but does not including seasonal feeding areas.
Construction or Constructed means the physical location, erection, increase or
decrease in size of any building or structure or ground including any excavation,
building, drilling, digging, alteration, addition, extension, location, relocation,
demolition, replacement and/or development.
SECTIONS
OPERATIVE AND
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RM OF ROCKWOOD
PAGE 11
ZONING BY-LAW NO. 20/19
Conversion means a change in use of land or a building or an act done in relation
to land or a building that results, or is likely to result, in a change in the use of such
land or building without involving major structural alterations.
Council means the Council of the RM of Rockwood.
Cultivated Land means land that is prepared and used for the growing of crops.
Curb Cutting means the cutting or lowering of a curb, sidewalk or boulevard, or any
of them, to provide a driveway for vehicular and pedestrian access to a site.
Designated Officer means the Designated Officer as appointed by the South
Interlake Planning District Board on behalf of the Council for the RM of Rockwood
in accordance with the Act.
Development Permit means a permit issued by the South Interlake Planning District
on behalf of the RM of Rockwood authorizing development, and may include a
building permit.
Development Plan means the South Interlake Planning District Development Plan
adopted by By-law and as amended.
Dugout means an earthen excavation designed to collect and store runoff.
Dwelling Unit means one or more self-contained rooms provided with sleeping and
cooking facilities, intended for domestic use, and used or intended to be used
permanently or semi-permanently as a residence for a household.
Dwelling Unit Area means the total floor area of the dwelling unit contained within
the outside surface of the exterior walls. This calculation shall exclude basement
or other areas that are below-grade.
Earthen Manure Storage Facility means a structure built primarily from soil,
constructed by excavating or forming dikes, and used to retain livestock manure.
Elevation, Lot Grade means either the elevation of the finished ground surface at
any specific reference point, at any point on the slope between two specific
reference points on a lot, or a combination thereof.
Erosion means the process by which the earth's surface is worn away by the action
of the wind.
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.
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Family means one or more persons related by blood or marriage or common law
marriage, or group of not more than four persons who may not be related by blood
or marriage occupying a dwelling unit and living together as a single housekeeping
unit.
Farm Building/Structure means a building or structure which does not contain a
residential occupancy and which is (a) associated with and located on land devoted
to the practice of farming and (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 (c) has a Low Human Occupancy (as applying to farm buildings)
means an occupancy having an occupant load of not more than 1 person per 40
square meters during normal use).
Farmer, Actively Engaged means participation by an individual in the supervision
and management of the farming operation, and the application of physical labour
to the farming operation, unless the individual is precluded from doing so due to
age or physical disability.
Field Storage means solid livestock manure that is stored in the open air other than
in a manure storage facility.
Flood Proofed means the measures taken to ensure that a structure or building is
safe from the effects of flooding and includes: no openings of any kind such as
windows, doors and vents, or electrical meeting equipment etc. shall be permitted
below the flood datums.
Flood Protected means the measures taken to ensure that a structure or building
is safe from the effects of flooding of the 200-year flood or a recorded flood
exceeding the 200-year flood, whichever is greater and includes: no openings of
any kind such as windows, doors and vents, or electrical equipment etc. shall be
permitted below the flood datums.
Flood Risk Area means that land adjacent to a watercourse that is divided into two
parts: the floodway and the floodway fringe. The floodway includes the area where
the majority of floodwaters pass. The floodway fringe includes the area outside the
floodway that may be subjected to periodic flooding or inundation of floodwaters.
Floor Area Ratio means the numerical value of the gross floor area of the building
or structure located upon the building site, excluding:
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basement areas used exclusively for storage or service to the building;
parking areas below grade, and
floor areas devoted exclusively to mechanical or electrical equipment
servicing the development, divided by the area of the site.
Frontage means all that portion of a site fronting on a street and measured
between side lot lines.
M.D.S.Development Ltd.
R.G.Gotini
Lane
M.D.S. Ltd.
W.G.Martinski
Lane
J.Doe
City
Property
Frontage
Fuel Tank Storage means a tank for the bulk storage of petroleum products or other
inflammable liquids which are being legally kept in a retail store or storage tank
which is incidental to the primary use of the premises.
Garage means an accessory building, or part of a principal building designed and
used primarily for the storage of motor vehicles and includes a carport.
Grade, Building Lot means the lot grade elevation of the finished ground surface
immediately adjacent to the foundation of a building.
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Established Grade of a Building
Grain Storage Structure means any structure which is designed to store any type
of grain.
Groundwater means water below the surface of the ground.
Habitable Room means any room in a dwelling other than a non-habitable room.
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Height means, when used with reference to a building or structure, the vertical
distance between the horizontal plane through grade and a horizontal plane
through:
a)
the highest point of the roof in the case of a building with a flat roof or a
roof having a slope of less than 20.00 degrees; and
b)
the average level between eaves and ridges in the case of a pitched,
gambrel, mansard or hipped roof, or a roof having a slope of more than
20.00 degrees, provided that in such cases the ridge line of the roof shall
not extend more than 1.52 m. (5.00 ft.) above the maximum permitted
building height of the Zone.
Flat Roof
Hip
Gable
Gambrel
Roof
Mansard
Roof
Height of Buildings
Household means one person or two or more persons voluntarily associated, plus
any dependents, living together as an independent, self-governing single
housekeeping unit.
Institution means a building or part of a building used for a non-commercial
purpose by an organized body or society for promoting a particular object or cause,
but does not include Private Clubs.
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Landscaping means any combination of trees, shrubs, flowers, grass or other
horticultural elements, decorative stonework, paving, screening or other
architectural elements, all of which are designed to enhance the visual amenity of
a site or to provide a screen between sites in order to mitigate objectionable
features between them.
Livestock means animals or poultry not kept exclusively as pets, excluding bees.
Loading Space means an off-street space or berth on the same site with a building,
or contiguous with a group of buildings, for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials, and which abuts upon
a street, lane or other appropriate means of access.
Lot, Corner means a lot located at the intersection of two public roadways, the
interior angle of such intersection not exceeding 135.00 degrees.
Lot, Double Fronting means a lot which abuts two public roadways, which are
parallel or nearly parallel in the vicinity of the lot.
Lot, Flag means a lot so shaped and designed that the main building site is set back
from the street on which it fronts and includes an access strip connecting the main
building site with the frontage street.
Lot, Interior means any lot other than a corner lot or through lot.
Lot, Reverse Corner means a corner lot, the flanking street lot line of which is a
continuation of the front lot line of the first lot to its rear.
Lot Types (BL 3/13)
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Lot, Through means a lot having a pair of opposite lot lines along two streets. On a
through lot, both street lines shall be deemed front lot lines.
Lot Line, Front means the property line of a lot abutting a public roadway other
than a lane. In the case of a corner lot, the front lot line is the shorter of the lot
lines abutting a public roadway.
Lot Line, Rear means either the lot line which is furthest from and opposite the
front lot line, or, where there is no such lot line, the point of intersection of any side
lot lines which is furthest from and opposite the front lot line.
Lot Line, Side means the property line of a lot other than a front lot line or rear lot
line.
Street
Lot Lines
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Manufactured Home Dwelling means a factory built dwelling unit certified prior to
the placement on the lot as having been built as a modular home in accordance
with CSA building regulations, being placed on a permanent foundation, having its
chassis or frame permanently removed, and arriving at the lot ready for occupancy
apart from incidental operations and connections.
Manure Management Plan means a plan as defined in the Livestock Manure and
Mortalities Management Regulation as a plan that is prepared on a form approved
by the director and that provides for the storage and handling of manure produced
in an agricultural operation and the land application, treatment or other acceptable
use or disposal of the manure.
Manure Storage Facility means a structure, earthen 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 field storage site;
a vehicle or other mobile equipment used to transport or dispose of manure;
a gutter or concrete storage pit used to store liquid or semi-solid manure for
less than thirty days;
a collection basin; or
a composting site for manure or mortalities.
Mobile Home Park means a parcel or land under one ownership upon which mobile
home spaces are provided for rent or lease and have been approved by Council.
Mobile Home Site means a site in a mobile home subdivision that may be
purchased for the placement of a mobile home.
Mobile Home Subdivision means a parcel of land subdivided into mobile home
sites that may be sold for the placement of mobile homes.
Model (Show) Home means a dwelling which is not occupied for human habitation
but is used for the purpose of display to the public and where a portion of this
dwelling may be used as a sales office for the dwelling units to be constructed on
lots within a plan of subdivision.
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Modular Home Dwelling 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 CSA 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 construction which can be completely inspected on-site.
Molehill means a manure storage facility for manure in which manure is
mechanically forced through a pipe and becomes mounded.
Motor Home means a certified and licensed vehicular structure, as defined in The
Highway Traffic Act that is used as temporary accommodation for recreational
purposes and being independent of municipal sewer, water and electrical services.
Municipal Engineer means the Municipal Engineer as appointed by Council for the
RM of Rockwood.
Municipality means the Municipal Corporation of the RM of Rockwood.
Non-Habitable Room means a space in a dwelling unit providing a service function
and not intended primarily for human occupancy, including bathrooms, entryways,
corridors, or storage areas.
Nuisance means anything that interferes with the use or enjoyment of property,
endangers personal health or safety, or is offensive to the senses.
Offensive or objectionable means, when used with reference to signage, lighting
or 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 as regards 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.
Off-Road Vehicle means any wheeled or tracked motor vehicle designed or
adapted for cross-country travel on land, water, ice, snow, marsh or swamp land or
other natural terrain, and includes motorcycles, all-terrain vehicles, mini-bikes, dirt-
bikes and trail-bikes, dune or sport buggies, snowmobiles, and amphibious vehicles.
Oriel Windows means a type of bay or bow window that projects out from an upper
storey of a dwelling unit.
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Outdoor Storage means the storage of merchandise, goods, inventory, materials or
equipment or other items that are not intended for immediate sale, by locating
them outside.
Overburden means clay which is excavated or disturbed within an aggregate
extraction operation during quarrying or otherwise.
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.
Parcel of Land means the aggregate of all land described in any manner in the
certificate of title.
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.
Passenger Vehicles means a motor vehicle that is designed, constructed or adapted
for the principal purpose of transporting passengers, but excludes off-road, motor
home, trailer, travel trailer and truck vehicles.
Peat Moss means a mass of partially carbonized plant tissue ranging in consistency
from a turf to a slime that is commonly used as a fertilizer, stable litter or fuel or for
making charcoal.
Performance Standard means a standard to control noise, odour, smoke, toxic or
noxious matter, vibration, fire and explosive hazards or glare or heat generated by,
or inherent in, uses of land or buildings.
Planned Area means, with reference to an Aggregate Extraction Operation, the
land described in the preamble and as shown as shaded attached to Schedule "A"
to a development agreement between the Aggregate Extraction Operation
owner/operator and the Municipality that is required as a condition of approval of
a development permit for a Aggregate Extraction Operation.
Pollution means the presence of foreign substances that adversely affect the
natural constituents of the air, water or soil.
Private Pool means an artificially constructed basin, lined with concrete, fibreglass,
vinyl or like material, that is capable of containing a water depth greater than 60.00
cm. (24.00 in.) and that is located on the property of a single family dwelling.
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Ready-To-Move Dwelling means a method of constructing a dwelling unit whereby
all of its component parts have been assembled in an off-site manufacturing facility
and transported to a site where it is anchored to a permanent foundation.
Recreational Vehicle means a motor home, travel trailer, truck camper, park model
units or camping trailer with or without motive power designed for human
habitation for recreational or emergency occupancy.
Recreational Vehicle Park means a property where one or more sites are rented
to users of recreational vehicles and which are occupied for temporary purposes.
Recreational Vehicle Site means a piece of ground within a recreational vehicle
park for one recreational vehicle.
Rehabilitation with regards to an aggregate extraction operation means the
creation of landforms, land productivity and land uses that are in compliance with
any applicable Secondary Plan for exhausted quarry sites or where there is no
Secondary Plan, is compatible with existing land uses in the surrounding area.
Repair means the renewal or reconstruction of any part of an existing structure for
the purpose of its maintenance or restoration.
Secondary Plan means a plan adopted by by-law in accordance with the Act to
guide development or re-development in a defined area.
Separation Distance means a distance to be maintained between two uses,
measured from the nearest points of any structure or areas upon which the uses
are located.
Separation Space means open space around dwellings separating them from
adjacent buildings or activities, and providing daylight, ventilation, and privacy.
Setback means the distance that a development or a specified portion of it must be
set back from a lot line.
Site means an area of land consisting of one or more abutting lots.
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 the
grade, 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, wheelchair
ramps, cornices, eaves and similar projections.
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Site Depth means the average horizontal distance between the front and rear lot
lines of the site.
BAY
STREET
Site Depth
Site Plan means a map or series of maps drawn to scale showing some or all of the
following information: proposed and existing buildings, structures, alterations and
additions, roads, walkways, landscaping, parking areas, stacking spaces, loading
spaces, vegetation, buffer strips, elevations, areas to be raised by fill, grade level,
physical features of the site and other relevant information as may be required by
the Designated Officer or Council for any proposed development.
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Site Width means the horizontal distance between the side lot lines of a site,
measured at right angles to the site depth at a point midway between the front and
rear lot lines, or at 15.24 m. (50.00 ft.) from the front lot line, and the lesser of these
distances is the site width.
STREET
LANE
Width
Sleeping Unit means a habitable room, or a group of two or more habitable rooms,
not equipped with self-contained cooking facilities, providing accommodation for
not more than two persons.
Slurry Tank Storage Facility means an above ground tank for the storage of
livestock liquid manure that may be constructed from pre-cast concrete panels,
reinforced cast-in-place concrete, glass-lined steel panels or spiral wound coated
steel.
Solar Collector means an accessory structure intended to primarily serve the
electrical needs of the on-site user.
Solid Manure means manure that contains more than 25.00 percent solid matter
and does not flow when piled.
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South Interlake Planning District Board means the South Interlake Planning District
Board as established under the Act.
Stacking Space means an on-site queuing area for a passenger vehicle that is
separated from other vehicular traffic and pedestrian circulation by barriers,
markings or signs.
Storey means that portion of a building which is situated between the top of any
floor and the top of the floor next above it. If there is no floor above, the storey is
the portion of the building which is situated between the top of any floor and the
ceiling above it. If the top of the floor directly above a basement is more than 1.83
m. (6.00 ft.) above grade, such basement shall be considered a storey for the
purpose of this By-law.
Storey, Half means a storey under a gable, hip, or gambrel roof, the wall plates of
which, on at least two opposite walls, are not more than 0.66 m. (2.17 ft.) above
the floor of such storey.
Street means a public roadway having a right-of-way at least 10.06 m. (33.00 ft.) in
width that affords the principal means of access to abutting land.
Structure means anything that is erected, built or constructed of parts joined
together or any such erection fixed to or supported by the soil or by any other
structure.
Surface Water means any body of flowing or standing water, whether naturally or
artificially created, including but not limited to a lake, river, creek, spring, drainage
ditch, roadside ditch, reservoir, swamp, wetland and marsh, including ice on any of
them, but not including a dugout on the property of an agricultural operation.
Temporary Buildings and Uses means an incidental use, building or structure for
which a development permit has been issued for a limited time only.
Traffic Generation means the volume of vehicular traffic generated over a
prescribed area within a prescribed time frame, which can be directly attributed to
a particular development or geographic area.
Trailer means a vehicle designed for carrying chattels, and for being towed by a
motor vehicle.
Travel Trailer means a certified and licensed portable vehicle designed for carrying
persons as temporary accommodation for recreational purposes that is towed by a
motor vehicle.
Truck means a motor vehicle that is constructed or adapted to carry goods, wares,
merchandise, freight or commodities, but not passengers.
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Two-Hundred Year Flood means a flood that, on average, is statistically expected
to happen once in 200 years on average or more specifically, a flood with a 0.5%
chance of occurring in any given year.
Use means the purpose or activity for which a piece of land or its buildings are
designed, arranged, developed or intended, or for which it is occupied or
maintained.
Variance means the altering of any of the regulations found in this By-law in
accordance with the Act.
Watercourse means the channel in or bed on which surface water flows or stands,
whether continuously or intermittently, but does not include a dugout, reservoir,
intermittent slough, drainage ditch or intermittent stream that is completely
surrounded by private land controlled by the owner or operator of an agricultural
operation and that has no outflow going beyond the private land.
Yard means required open space that is unoccupied by any building or structure
and unobstructed from its lowest level to the sky, unless otherwise permitted in
this By-law.
Yard, Front means a yard extending along the full length of the front lot line
between the side lot lines. All front yard regulations found in this By-law shall be
measured from the front lot line.
Yard, Rear means a yard extending along the full length of the rear lot line from the
front yard to the rear yard.
Yard, Side means a yard extending along the side lot line from the front yard to the
rear yard.
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c
b
a
Side Yard
Rear Yard
c
b
a
Street
c
Yards
Zone means a Section contained in Part III of this By-law which regulates the use
and development of land as depicted on the Zone Map comprising Part IV of this
By-law.
6.2
Sign Definitions
Terms and works used in this By-law regarding the regulations of signs, unless the
context otherwise requires, are defined as follows:
Abandoned Sign means any sign which no longer correctly identifies a business or
the products and services offered on the site where the sign is located, or any sign
which is not in a readable state.
Animated Sign means any sign or portion of a sign having moving parts or
electronically controlled colour changes which depict action or give motion to the
sign.
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Awning Sign means a non-illuminated sign painted or stencilled on the fabric
surface of a shelter supported entirely from the exterior wall of a building and
designed to be collapsible, retractable or capable of being folded against the wall
or supporting building.
Business Identification Sign means a sign identifying the name, dealer, franchise,
association, primary function, product or service of the commercial activity
conducted on the premises, and may include local advertising and changeable copy.
Sandwich or
Folding Sign
BILLBOARD
Figure 9. Types of Signs (Mobile, Sandwich, Billboard)
Canopy Sign means a sign attached to, or forming part of, a permanent building
projecting or fixed structural framework which extends outward from the exterior
wall of a building and which may be roofed over or covered to provide protection
over the entrance to a building.
Copy means the letters, graphics or characters which make up the message on a
sign face.
Copy Area means the total area within one or more rectangles which enclose the
entire limits of the copy.
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Directional Sign means on-premise or off-site signs providing direction to
pedestrian or vehicular traffic without advertising copy, except a business logogram.
Electric Sign means any sign containing electrical wiring or lights built into the sign
face which are intended for connection to an electrical energy source.
Fascia Sign means any sign painted on or attached to an exterior building wall so
that the sign does not extend more than 40.00 cm. (15.75 in.) out from the wall or
beyond the horizontal limits of the wall.
Free Standing Sign means any sign supported independently of a building and
permanently fixed to the ground.
General Advertising Sign means a sign which directs attention to a business, activity,
product, service or entertainment which cannot be considered as the principal
products sold nor a principal business, activity, entertainment, or service provided
on the premises where the sign is displayed, and general advertising has a similar
meaning.
Height (sign) means the vertical distance measured from the finished ground
surface directly under the sign to the highest point of the sign.
Identification Sign means a sign which contains only the name and address of a
building, institution or person and the activity carried on in the building or
institution, but does not include any other advertising copy.
Illuminated Sign means any sign having only steady illumination of the same
intensity by artificial means, either from lighting directed on the sign face or from
a light source located within the sign which is transmitted through a transparent or
translucent sign face.
Mural Sign means a non-illuminated sign painted on the exterior wall of a building
which enhances the visual appearance of the building and does not include business
identification or general advertising.
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ROOF SIGN
SIGN
PROJECT
S
I
G
N
ING - PROJECTING -
PROJECT
ING - PROJECTING -
GRO
UND
SIGN
Wall
Fascia
Figure 10.
Types of Signs (Ground, Roof, Fascia, Projecting)
Official Sign means a sign required by, or erected pursuant to, the provisions of
Federal, Provincial or Municipal legislation.
Portable Sign means a sign greater than 0.50 sq. m. (5.38 sq. ft.) in area that is
mounted on a stand or other support structure other than a stationary trailer and
is designed in such a manner than the sign can readily be relocated to provide
advertising at another location or readily taken on and off a site, and may include
copy that can be changed manually through the use of attachable characters,
message panels or other means.
Projecting Sign means any sign, except a canopy sign, which is supported by an
exterior building wall and projects outward from the building wall by more than
40.00 cm. (15.75 in.).
Reader Board Sign means a sign or a component of a sign on which the copy can
be changed by either manual or electronic means.
Real Estate Sign means a sign displaying real estate copy.
Roof Sign means any sign erected upon, against, or above a roof, or on top of or
above, the parapet of a building.
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Sign means any visual medium, including its structure and other component parts,
illuminated or not illuminated, which is used or capable of being used, on a
permanent or temporary basis, to identify or convey information, or to advertise or
attract attention to a product, service, place, activity, person, institution or business.
Without limiting the generality of the foregoing, signs shall include banners,
placards, and painted messages.
Sign Alteration means any modification of a sign or supporting structure, excluding
the routine maintenance or repainting of a sign or changing the copy on signs
specifically designed for this purpose.
Sign Area means the entire area of the sign on which copy is intended to be placed.
In the case of double-faced or multi-faced sign, only half of the area of each face of
the sign used to display advertising copy shall be used in calculating the total sign
area.
Sign Structure means any structure which supports a sign, including materials used
to conceal or improve the visual appearance of the structural parts.
Temporary Sign means a sign which is not permanently anchored to a footing
extending below grade or permanently affixed to, or painted on, a building and on
which the copy has been painted or affixed in a permanent manner. The copy on
the sign shall relate to an activity, use or event of limited time duration not
exceeding six months. Temporary signs include such signs as political campaign
signs, real estate signs, construction identification signs, signs identifying seasonal
businesses, signs advertising specific community events, and signs providing
temporary identification for developments awaiting installation of a permanent
sign. For the purpose of this By-law, temporary signs shall include sandwich and
folding signs but not portable signs.
Warning Sign means an on-premise sign providing a warning to the public, including
such signs as No Trespassing or Private Driveway signs.
7.0
Use Class Definitions
The Use Classes group individual land uses into a specified number of classes, with
common functional or physical impact characteristics.
The Use Classes of this Section are used to define the range of uses which are
permitted or conditional within the various Zones of this By-law.
The typical uses which may be listed in the definitions are not intended to be
exclusive or restrictive. Reference should be made to the definition of the Use Class
in determining whether or not a use is included within a particular Use Class.
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Where a specific use does not conform to the wording of any Use Class definition
or generally conforms to the wording of two or more Use Class definitions, the
Designated Officer may deem that the use conforms to and is included in that Use
Class which he/she considers to be the most appropriate in character and purpose.
In such a case, this use shall be considered a conditional use, whether or not the
Use Class is listed as either a permitted use or conditional use within the applicable
Zone.
7.1
Agricultural Use Classes
Abattoir means a building, structure, or part thereof, used for the slaughtering of
animals and related activities.
Agri-Business means a commercial establishment that provides goods or services
to the agricultural sector. Typical uses include farm equipment and machinery
repair shops, bulk fuel stations, feed and fertilizer supply operations, livestock
auction marts and commercial seed cleaning plants.
Agri-Tourism means an agricultural establishment that provides a service to
promote and educate the public about farming and agricultural activities. Typical
accessory uses to the farming operation include bed and breakfast, farm produce
retail outlet, corn or hay mazes, petting zoo, hay rides, sleigh rides, buggy or
carriage rides, seasonal activities and events related to the farm such as farm tours
and eating facilities.
Agricultural Activities means a use of land for agricultural purposes. Typical uses
include farming, pasturage, agriculture, apiculture, aquaculture, floriculture and
horticulture. This Use Class does not include Livestock Operations or Aggregate
Extraction Operations.
Agricultural Crop Protection Warehouse means a facility used to store, blend
and/or distribute chemicals used for crop protection and production. Products can
include herbicides, insecticides, fungicides, rodenticide, and fertilizers. This Use
Class does not include Anhydrous Ammonia Facilities.
Agricultural Implement Sales and Service means a building and open space area
used for display, sale and rental of new or used farm implements that includes
repair work.
Agricultural Product Storage means the temporary storage of any agricultural
product for future use, delivery or processing as per The Environment Act.
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Agriculture Support Industry means an industry, commercial service or retail
business in which the major product or service being bought, sold or processed is
intended mainly for, from or by farmers. Typical uses include aerial spraying
companies, grain storage including grain elevators, feed mills and seed plants. This
Use Class does not include Bulk Storage Facilities or Anhydrous Ammonia Facilities.
Anhydrous Ammonia Facility means an area for the storage of anhydrous ammonia
that is commonly used as a fertilizer.
Cannabis Cultivation means the licensed growing of cannabis plants and harvesting
material from those plants, and related activities.
Cannabis Processing means the licensed manufacturing, packaging and labelling of
cannabis products destined for legal sale to consumers, and the intra-industry sale
of these products to privately authorized distributors, as well as associated
activities.
Communal Farm Dwelling means a residence in connection with a farm operation
carried out on the same or an adjacent parcel by a religious colony or other
association by or on behalf of the occupants of the residence, and includes all
associated cooking, eating, living, sleeping and sanitary facilities.
Composting means a designed and managed system to facilitate the process of
aerobic decomposition of organic matter by biological action.
Equestrian Establishment means a facility engaged in the training of horses or the
operation of a horse riding academy or horse riding stables.
Farm Diversification Operation means a type of farm-based commerce accessory
to an active farming operation wherein manufacturing, processing, service, storage,
wholesale, retail sales, and distribution uses may be utilized to diversify a farm's
economic activity. BL 2/23
Farm Produce Outlet means a building or structure where farm produce produced
on-site is sold in season.
Farmstead Dwelling means any dwelling unit which is accessory to a farm operation
and is on a parcel of land that includes associated agricultural buildings.
Game Farm means a development where elk, wild boar, bison, etc. with less than
10.00 animal units are held in captivity, pursuant to The Livestock Industry
Diversification Act and The Wildlife Act.
Livestock Operation means a permanent or semi-permanent facility or non-grazing
area where at least 10.00 animal units of livestock are kept or raised either indoors
or outdoors, and includes all associated manure collection facilities, but does not
include an auction mart.
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Non-Commercial Farm means a development for small scale, non-commercial
agricultural pursuits ancillary to rural residential uses. This Use Class shall be
developed so that it will not unduly interfere with the general enjoyment of
adjacent property. Animals shall be kept for the use or enjoyment of the
householder only.
Specialized Agriculture means the use of land for apiculture, floriculture,
horticulture including market gardening, orchards and tree farming, and similar
agricultural activities on a commercial basis.
Vacation Farm Operation means an accessory development to a farm operation
that provides temporary accommodations for renumeration with or without meals
to members of the travelling public who are seeking to experience farm life and
learn about agricultural activities.
Wildlife Rehabilitation Centre means facility whose purpose is to rehabilitate
wildlife for release back into the wild.
7.2
Basic Service Use Classes
Cemetery means a development of a parcel of land, primarily a landscaped open
space for the entombment of the deceased, and may include the following
accessory developments: crematories, cinerarium, columbarium, and mausoleums.
Typical uses include memorial parks, burial grounds and gardens of remembrance.
Extended Medical Treatment Service means a development providing room, board,
and surgical or other medical treatment for the sick, injured or infirm including
outpatient services and accessory staff residences. Typical uses include hospitals,
sanatoriums, nursing homes, convalescent homes, and auxiliary hospitals.
Government Service means a development providing Municipal, Provincial or
Federal government services directly to the public. Typical uses include
government offices, taxation offices, courthouses, postal distribution offices,
manpower and employment offices, correctional institutions, and social service
offices.
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 development which is necessary for the
local distribution of utility services. Typical uses in this class include police stations,
fire stations and ancillary training facilities.
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Public Utility Service means any system, works, plant, pipeline, equipment or
services and facilities available at approved rates to 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 and waste recycling
plants.
7.3
Commercial Use Classes
Aircraft Landing Field means any area of land or water that is used or intended for
a use for the landing or taking off of aircraft and any appurtenant areas which are
used or intended for use for airport buildings or other airport facilities, including
taxiways, aircraft storage and hangars.
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.
Animal Shelter and Veterinary Service means a development used for the care and
treatment of animals where the veterinary services primarily involve outpatient
care and minor medical procedures. This Use Class includes pet clinics and
veterinary offices.
Auctioneering Establishment means a development specifically intended for the
auctioning of goods and equipment, including temporary storage of such goods and
equipment.
Automotive and Equipment Repair Shop means a development used for the
servicing, painting and mechanical repair of automobiles, trucks, motorcycles,
snowmobiles and similar vehicles or the sale, installation or servicing of related
accessories and parts. This Use Class includes transmission shops, tire shops,
automotive glass shops, upholstery shops, and paint and body repair shops.
Automotive and Recreational Vehicle Sales means the retail sale or rental of new
or used automobiles, motorcycles, snowmobiles, tent trailers, utility trailers, boats,
travel trailers or similar light recreational vehicles or crafts, together with incidental
maintenance services and sale of parts. This Use Class includes automobile
dealerships, car rental agencies and motorcycle dealerships.
Broadcasting and Motion Picture Studio means a development used for the
production or broadcasting of audio and visual programming typically associated
with radio, television and motion picture studios.
Building Material Sales means a development used for the wholesale or retail sale
of goods related to the construction of buildings.
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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,
the provision of 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 sales and
repair establishments.
Cannabis Retail Store means the premises specified in a retail cannabis license
where the retail sale of cannabis is authorized in accordance with the Safe and
Responsible Retailing of Cannabis Act.
Car Broker means a development used for the retail purchase and sale of used
passenger and light truck vehicles from a single detached dwelling unit. The Use
Class does not include Automotive and Equipment Repair Shops, Automotive and
Recreational Vehicle Sales and/or Convenience Vehicle Rentals.
Carnival means a temporary use of land, buildings or structures for the purpose of
providing or locating facilities for commercial entertainment and participatory
amusement activities, including games and rides, and includes circuses and
midways.
Commercial Resort means a commercial recreation establishment which may
consist of one or more buildings containing single or multiple family dwelling units,
recreational facilities and service facilities which are used on an intermittent and
seasonal basis. Other facilities which may be part of the resort development
include: a camping and tenting ground, a hotel, a retail store, an eating and drinking
establishment, a marina, a golf course and other outdoor recreation game courts,
areas and trails.
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
culture, dancing or music schools.
Contractor's Yard means a site or area of land occupied or used by a building or
construction trade or operation wherein the outside storage of materials or storage
and servicing of equipment is the principal use of the site.
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Convenience Retail Store means a development used for the retail sale of those
goods required by area residents or employees on a day-to-day basis, from business
premises which do not exceed 275.00 sq. m. (2,960.17 sq. ft.) in gross floor area.
Typical uses include small food stores, drug stores, and variety stores, selling
confectionary, tobacco, groceries, beverages, pharmaceutical and personal care
items, hardware or printed matter.
Convenience Vehicle Rentals means a development used for the rental of new or
used automobiles, light trucks and utility trailers. This Use Class includes those
establishments which are not strictly office in nature, but include, as an integral
part of the operation, minor vehicle servicing, storing, fuelling or car washing
facilities.
Custom Manufacturing Establishment means a development used for small-scale
on-site production of goods.
Drive-Through Food Service means a development used for eating and drinking
which offer a limited menu produced in a manner that allows rapid customer
service and include one or more of the following features: car attendant services;
drive-through food pickup services; or parking primarily intended for the on-site
consumption of food within a motor vehicle.
Eating and Drinking Establishment means the sale to the public of prepared foods,
for consumption within the premises or off the site. This includes licensed drinking
establishments, restaurants, cafes, delicatessens, tearooms, banquet catering,
lunchrooms, and take-out restaurants. This Use Class does not include drive-in food
services which provide services to customers who remain in their vehicles,
refreshment stands, take-out windows where service is provided to customers on
the outside, or mobile catering food services.
Equipment Rentals and Sales means a development used for the rental of tools,
appliances, recreation craft, office machines, furniture, light construction
equipment, or similar items.
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 ambulance services, taxi services, bus line,
messenger and courier services.
Funeral Service means a development used for the preparation of the dead for
burial or cremation, and the holding of funeral services. This Use Class includes
funeral homes, undertaking establishments and includes cremation and interment
services.
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Gas Bar means a development used for the retail sale of gasoline, other petroleum
products, and incidental auto accessories. This Use Class does not include Service
Stations.
General Contractor Service means a development used for the provision of building
construction, landscaping, concrete, electrical, excavation, drilling, heating,
plumbing, paving, road construction, sewer or similar services of a construction
nature which require on-site storage space for materials, construction equipment
or vehicles normally associated with the contractor service. Any sales, display,
office or technical support service areas shall be accessory to the principal
Contractor Services Use only.
General Retail Store means a development used for the retail sale of groceries,
beverages, household goods, furniture and appliances, hardware, printed matter,
confectionary, tobacco, pharmaceutical and personal care items, automotive parts
and accessories, office equipment, stationary and similar goods from within an
enclosed building. Minor public services, such as postal services and film processing
depots are permitted within general retail stores. This Use Class includes
Convenience Retail Stores but does not include developments used for the sale of
gasoline, heavy agricultural or industrial equipment, pawn shops, massage parlours,
adult entertainment establishments or adult video rental or sales stores. This Use
Class includes the sale of domestic animal supplies.
General Storage means a development used exclusively for temporary indoor or
outdoor storage of goods, materials and merchandise. This Use Class does not
include vehicle storage compounds, automobile wrecking yards, salvage yards,
scrap metal yards, or the storage of hazardous goods or waste.
Greenhouse, Plant and Tree Nursery means a development used primarily for the
raising, storage and sale of bedding, household and ornamental plants.
Health Service means a development used for the provision of physical and mental
health services on an outpatient basis. Services may be of a preventive, diagnostic,
treatment, therapeutic, rehabilitative or counselling nature. Typical uses include
medical and dental offices, health clinics and counselling services.
Hotel means a development used for the provision of rooms or suites for temporary
sleeping accommodation where the rooms have access from a common interior
corridor and are not equipped with individual kitchen facilities. Hotels may include
accessory Eating and Drinking Establishments, meeting rooms and Personal
Services Shops.
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Household Repair Service means a development used for the provision of repair
services to goods, equipment and appliances normally found within a dwelling unit.
This Use Class includes radio, television and appliance repair shops, furniture
refinishing and upholstery shops.
Limited Contractor Service means a development used for the provision of
electrical, plumbing, heating, painting and similar contractor services primarily to
individual households and the accessory sale of goods normally associated with the
contractor services where all materials are kept within an enclosed building, there
are no accessory manufacturing activities, and no more than two service vehicles.
Mini-Warehouse and Self-Storage means an enclosed facility that provides storage
space to the general public on a for-hire basis. Mini-warehouses and self-storage
areas also include vehicle storage for recreational vehicles, boats and other vehicles.
No other business or service may be allowed to operate out of a rented storage
space.
Mobile Catering Food Service means a development using a fleet of vehicles for
the delivery and sale of food to the public.
Motel means a development used for the provision of rooms or suites for
temporary lodging or light housekeeping, where each room or suite has its own
exterior access. Motels may include accessory Eating and Drinking Establishments
and Personal Service Shops.
Non-Accessory Parking means a development providing vehicular parking which is
not primarily intended for the use of residents, employees or clients of a particular
development. Typical uses include surface parking lots and parking structures
located above or below grade.
Outdoor Amusement Establishment means a permanent 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, go-cart tracks and miniature golf establishments.
Outfitter means any land or premises equipped with Cottage Dwellings used or
maintained for accommodation of the public for outdoor recreational purposes
relating to hunting, fishing and other similar pursuits.
Personal Service Shop means a development used for the provision of personal
services to an individual which are related to the care and appearance of the body,
or the cleaning and repair of personal effects. This Use Class includes barbershops,
hairdressers, beauty salons, tailors, dressmakers, shoe repair shops, and dry
cleaning establishments and laundromats.
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Pet Cemetery means a development of a parcel of land for the burial of household
pets as determined by the Designated Officer.
Pet Grooming means a development used for grooming and enhancing of the
appearance of domestic animals including cats and dogs. This also includes the sale
of pet grooming products and supplies.
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, weddings,
conference meetings, and similar activities.
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.
Professional, Financial and Office Support Service means a development primarily
used for the provision of professional, management, administrative, consulting,
and financial services. Typical uses include the offices of lawyers, accountants,
engineers, and architects; offices for real estate and insurance firms; clerical,
secretarial, employment, telephone answering, and similar office support services;
and banks, credit unions, loan offices and similar financial uses.
Rapid Drive-Through Vehicle Service means a development providing rapid
cleaning, lubrication, maintenance or repair services to motor vehicles, where the
customer typically remains within his vehicle or waits on the premises. Typical uses
include automatic or coin operated car washes, rapid lubrication shops, or
speciality repair establishments.
Recycling Depot means a development used for the buying and temporary storage
of bottles, cans, newspapers and similar household goods for reuse where all
storage is contained within an enclosed building. This does not include auto
wreckers.
Service Station means the servicing, washing and repairing of vehicles; and the sale
of gasoline, other petroleum products and a limited range of vehicle parts and
accessories. Service Stations may include Eating and Drinking Establishments.
Typical uses include truck stops and highway service stations.
Small Animal Breeding and Boarding Establishment means a development used
for the breeding, boarding or training of small animals normally considered as
household pets. Typical uses are kennels and pet boarding establishments.
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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.
Truck and Mobile Home Sales and/or Rentals means a development used for the
sale or rental of new or used trucks, motorhomes, mobile homes, and automobiles,
together with incidental maintenance services and the sale of parts and accessories.
Typical uses include truck dealerships, recreation vehicle sales and mobile home
dealerships.
Trucking Operation means the use of land, buildings or structures for the purpose
of storing, repairing, servicing or loading trucks, transportation trailers and/or
buses. This use class includes automotive repair, eating and drinking areas, gas bar,
retail sales, and service stations as accessory uses.
Warehouse Sales means a development used for the wholesale or retail sale of
bulky goods primarily within an enclosed building with limited outdoor storage
where the size and nature of the principal goods being sold typically require large
floor areas for direct display to the purchaser or consumer. This Use Class includes
developments where principal goods being sold are such bulky items as furniture,
carpet, major appliances and building materials.
7.4
Community, Educational, Recreational and Cultural Service Use Classes
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 and play schools.
Community Recreation Service means a development for recreational, social or
multiple purpose use without fixed seats and primarily intended for local
community purposes. Typical uses include community halls and community centres.
Community Service Club means a non-profit corporation chartered by The Canada
Corporation Act or The Manitoba Corporation Act, or an association consisting of
persons who are bona fide members paying annual dues, which owns or leases land,
a building, or a portion thereof, the use of such premises being restricted primarily
to meeting, community and related activities.
Indoor Participant Recreation Service means a development providing facilities
within an enclosed building for sports and active recreation where patrons are
predominately participants. Typical uses include athletic clubs; health and fitness
clubs; curling, roller-skating and hockey rinks; swimming pools; rifle and pistol
ranges; bowling alleys; paintball games; and racquet clubs.
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Outdoor Participant Recreation Service means a development providing facilities
which are available at the public at large for sports and active recreation conducted
outdoors. Typical uses include golf courses, driving range, rifle and pistol ranges,
ski hills, sports fields, athletic fields, boating facilities, paintball games, riding
stables and fitness trails.
Private Education Service means a development for instruction and education
which is not maintained at public expense and which may or may not offer courses
of study equivalent to those offered in a public school or private instruction as a
home occupation. This Use Class includes dormitory and accessory buildings.
Public Education Service means a development which is 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 the same site. This Use Class includes public schools, community
colleges, and technical and vocational schools, and associated administrative
offices.
Public Library and Cultural Exhibit means a development for the collection of
literary, artistic, musical and similar reference materials in the form of books,
manuscripts, recordings and films for public use; or a development for the
collection, preservation and public exhibition of works or objects of historical,
scientific or artistic value. Typical uses include libraries, museums and art galleries.
Public Park means a development of public land specifically designed or reserved
for the general public for active or passive recreational use and includes all natural
and 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, picnic grounds, pedestrian trails and
paths, landscaped buffers, playgrounds, water features, amphitheatres, and
athletic fields.
Religious Assembly means a place of worship and related activities. Typical uses
include churches, chapels, mosques, temples, synagogues, parish halls, convents
and monasteries.
Rural Retreat and Events means a private establishment in a rural setting which
may include buildings and structures, food service and visitor lodging
accommodations, that primarily delivers spiritual, cultural and/or physical well-
being programs such as yoga retreats or music festivals or the like.
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Tourist Campsite means a development of land which has been planned and
improved for the seasonal short term use of motor homes, tents, campers and
similar recreational vehicles and is not used as year round storage, or
accommodation for residential use. Typical uses include recreational vehicle parks,
campsites and tenting grounds.
7.5
Industrial Use Classes
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 Class does not include
Anhydrous Ammonia Facilities.
General Industrial means development used principally for one or more of the
following activities: the assembling of semi-finished or finished goods, products or
equipment; the cleaning, servicing, repairing or testing of materials, goods and
equipment normally associated with industrial or commercial businesses; or
cleaning, servicing and repair operations to goods and equipment associated with
personal or household use, where such operations have impacts that would make
them incompatible with adjacent land uses; the storage or transhipping of materials,
goods and equipment; and the distribution and sale of materials, goods and
equipment to institutions or industrial and commercial businesses.
Industrial Vehicle and Equipment Sales and/or Rentals means a development used
for the sale, rental and repair of heavy vehicles, machinery or mechanical
equipment typically used in building, roadway, manufacturing, assembly and
processing operations and agricultural production.
Industrial Mall means a building or group of buildings held in single ownership or
by participants in a condominium corporation or cooperative and divided into units
for separate occupancy by different industrial uses for which common loading and
parking facilities and other common services may or may not be provided.
Light Industrial 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 body
repair and paint shops, commercial manufacturing and research facilities.
Portable Asphalt Plant means a temporary facility with equipment designed to
heat, dry and mix aggregate with asphalt to produce asphalt paving material and
includes stockpiling and storage of bulk materials used in the process.
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Portable Concrete Plant means a plant that may be transported to or near a site
wherein the concrete is to be utilized. It may include a main concrete cement
storage bin or silo, a water weigh bin, a cement bin, and an aggregate bin.
Processing Use means a development used for the extraction, treatment,
preparation, packaging, transportation, handling and storage of raw materials and
other minerals. Typical uses include concrete plants.
Small Scale Industrial - Farm Related means light manufacturing, assembly or
distribution of ready made products on a small scale that are used to diversify active
farming operations.
Small Scale Industrial - Non-Farm Related means limited light industrial activity in
rural areas on existing sites less than 4.05 hectares (10.00 acres) in size that are
regulated through a development agreement.
Storage Compound means a development used exclusively for temporary outdoor
storage of goods and materials where such storage of goods and materials does not
involve the erection of permanent structures or the material alteration of the
existing state of the land. Typical uses include vehicle storage compounds,
automobile wrecking yards, automobile recycling facilities and salvage yards.
Transport Terminal means a development where commercial passenger vehicles
pick up and discharge fare-paying passengers or a development used for the sale,
rental, repair or storage of commercial vehicles.
Wayside Pit and Quarry means a temporary pit or quarry opened and used by a
public road authority solely for the purpose of a project such as a road construction
contract that is not located on the road right-of-way.
7.6
Natural Resource Development Use Classes
Aggregate Extraction Operation means a development for the on-site removal,
extraction, and primary processing of raw material found on or under the site, or
accessible from the site. Typical uses in this class include aggregate extraction
operations, stone quarries and gravel pits. Typical accessory uses include offices,
open or closed storage of equipment and supplies, sale of mineral and aggregate
materials extracted on-site, stockpiling of mineral and aggregate materials
extracted on-site, and warehouses. This Use Class does not include the processing
of raw materials transported to the site unless approved by the Designated Officer.
Forestry Use means the general raising and harvesting of wood and without limiting
the generality of the foregoing, shall include the raising and cutting of wood,
pulpwood, lumber and other forestry products.
Mineral Exploration means the activity of searching for new mineral deposits.
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Wildlife and Conservation Reserve means land that has been designated by
Provincial legislation for the protection and conservation of wildlife. This Use Class
includes Wildlife Management Areas.
Wind Turbine Generating Station means a development on a leased or owned site
that is comprised of, but not limited to, one or more wind turbine generator towers
that convert wind energy to electrical energy for private use or sale and may include
research or meteorological towers, collector grids, substations and other
associated or compatible accessory operations, including Agricultural Activities.
Wind Turbine Personal Use means a small scale wind turbine generator tower that
converts wind energy to electrical energy for primarily private use.
7.7
Residential Use Classes
Cottage Dwelling means a permanent dwelling unit used as a part-time or seasonal
residence.
Institutional Residence means a premise which is intended for the training,
treatment, rehabilitation, housing, care and/or supervision of seniors. This Use
Class includes nursing homes, personal care homes, residential care homes,
attached housing and rehabilitation homes.
Mobile Home Dwelling means a dwelling unit designed for transportation after
fabrication, whether on its own wheels or on a flatbed or other trailer, and which
arrives at the 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 CSA 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.
Multiple Family Dwelling means a building containing three or more dwelling units
served by common corridors and entrance. Each dwelling unit shall be designed for
and used by one family.
Planned Unit Development means an area of land used primarily for residential
purposes under single ownership or control but including multiple home owners
who share the use and financial responsibility of common areas.
Semi-Detached Dwelling means the whole of a building divided vertically into two
separate dwelling units, each of which has an independent entrance.
Single Attached Dwelling means one of a group of up to four Single Family
Dwellings that are attached, with each dwelling unit having an independent
entrance directly from the outside.
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Single Family Dwelling means a development consisting of a building containing
only one dwelling, which is separate from any other dwelling or building. This Use
Class includes a manufactured home dwelling, ready-to-move dwelling and
modular home dwelling, but not a Mobile Home Dwelling.
Townhouse Dwelling means a dwelling unit divided vertically into three or more
attached dwelling units by fire separations, each of which has an independent
entrance.
Two Family Dwelling means an attached or semi-detached building designed for
and used by not more than two families, each having exclusive occupancy of a
dwelling unit.
7.8
Residential-Related Use Classes
Bed and Breakfast Home means a principal dwelling where sleeping
accommodation with or without light meals is provided to members of the
travelling public for remuneration.
Group Home means a residential dwelling in which three to ten unrelated persons,
exclusive of supervisory staff, live as a residential unit under the responsible
supervision consistent with the particular requirements of its residents. The home
is licensed under all applicable Provincial legislation and is in compliance with
Municipal By-laws and amendments thereto.
Guest Cabin means a building accessory to and subordinate to a permitted
residential use designed to provide additional sleeping quarters for occasional
guests of the owner and without kitchen facilities.
Home Industry means an industry or profession carried out in a building accessory
to a dwelling as a secondary use generally in keeping with the trade or calling of the
occupant.
Home Occupation means an occupation, trade, profession or craft carried on, in or
from a dwelling unit or its accessory building for consideration and which is clearly
incidental or accessory to the residential use of the dwelling unit.
Lodge means development used for the accommodation of the public and may
include self-contained cabins, cottages or housekeeping units.
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Secondary Suite means a self-contained rental dwelling unit that is accessory to the
existing principal dwelling on a property and has its own separate access. A
Secondary Suite has cooking, sleeping, and sanitary facilities which are separate
from those of the principal dwelling on the Single Family dwelling lot. Secondary
Suites can either be a suite located within the principal dwelling, a ground level
suite detached from the principal dwelling, or a suite located above a detached
garage.
Temporary Mobile Home Dwelling means a Mobile Home Dwelling that is placed
on the same site as a Single Family Dwelling on a temporary basis.
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8.0
Authority and Responsibility of the Designated Officer
8.1
Establishment and Appointment
The Designated Officer shall be any person appointed by the South Interlake
Planning District Board on behalf of the Council of the RM of Rockwood to occupy
the position of Designated Officer.
8.2
Designated Officer Duties and Responsibilities
The Designated Officer:
Shall review each development permit application to ascertain whether it conforms
to the adopted South Interlake Planning Development Plan and amendments
thereto, all applicable regulations and information regulations of this By-law and
amendments thereto, and other Municipal By-laws, the conditions of any caveat,
covenant, site plan, development agreement, variance or conditional use order,
easement or any other instrument affecting a building or land.
May refer a development permit application to any municipal, provincial or federal
department or any other agency or body, deemed appropriate to obtain comments
on the application.
Shall approve, without any conditions, or with such conditions as are required to
ensure compliance, an application for development of a Permitted Use provided
the development complies with the regulations of this By-law, or shall refuse an
application for development of a Permitted Use if the development does not
comply with the regulations of this By-law unless he/she uses his/her discretion
pursuant to Section 8.4 of this By-law.
May give notice of his/her decision on applications for development as follows:
where an application has been approved notice to the applicant shall be given
in writing by ordinary mail or as deemed appropriate by the Designated
Officer; or
where an application has been refused, notice in writing shall be given to the
applicant, by ordinary mail or as deemed appropriate by the Designated
Officer, and such notice shall state the reason for refusal.
Shall receive, review and process variation, permitted use and conditional use order
applications.
Shall perform other such duties as described or implied elsewhere in this By-law or
required by the Planning Board or Council.
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A person who is unsatisfied with a decision or order of the Designated Officer may
request the Planning Board to review the decision or order by written notice within
14 days after the person receives the decision or order.
After giving the person a reasonable opportunity to be heard, the Planning Board
may confirm, vary, substitute or cancel the order or decision.
8.3
Entry for Inspection and Other Purposes
The Designated Officer may, after giving reasonable notice to the owner or occupier
of the land or a building or other structure to be entered:
enter the land, building or structure at any reasonable time for the purpose
of administering or enforcing this By-law in accordance with the Act;
request that anything be produced to assist in inspection, remedy, or
enforcement; and
make copies of anything related to the inspection, remedy, or enforcement.
The Designated Officer must display or produce on request identification showing
his/her official capacity.
In an emergency or in extraordinary circumstances, the Designated Officer need
not give reasonable notice or enter at a reasonable time and may undertake
inspection, remedy or enforcement activities referred to in Section 8.3(1) of this By-
law without the consent of the owner or occupant.
8.4
Variance to Regulations
The Designated Officer may approve, with or without conditions, a minor variation
not to exceed 15.00 percent of the regulations of this By-law governing height,
distance, area, size or intensity of use regulations.
8.5
Public Inspection of Applications
The Designated Officer shall ensure that a Register of Applications is maintained,
and is made available to any interested person during normal office hours.
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8.6
Maintenance and Inspection of By-law
The Designated Officer shall:
Make available to the public during normal office hours copies of this By-law and
all subsequent amendments thereto.
Charge the specified fee for supplying to the public copies of this By-law.
9.0
Responsibilities of Council and the Planning District Board
9.1
Responsibilities of Council
Subject to the provisions of the Act, the Council is responsible for:
The enactment of this By-law.
Considering the adoption or rejection of proposed amendments or the repeal of
this By-law.
Approving or rejecting variation order applications.
Approving or rejecting conditional use order applications and considering revoking
the authorized conditional use order for any violation of any conditions imposed by
it.
Holding a Public Hearing for a Subdivision that results in the creation of a new road
and either rejecting it or approving it with or without conditions.
9.2
Responsibilities of the Planning District Board
Subject to the provisions of the Act, the Planning District Board is responsible for:
Administering and enforcing the provisions of this By-law.
Administering and enforcing the provisions of the Act, where applicable.
Processing applications to be submitted to Council for amendments, subdivisions,
variation orders and conditional uses and the collection of fees as provided herein
Establishing a schedule of fees and charges for development and building permits.
Until all applicable fees and charges have been paid in full, no action need to be
taken on any application.
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10.0
Duties of the Owner
Neither the granting of a development permit nor the approval of the drawings and
specifications or the inspections made by the Designated Officer shall in any way
relieve the owner of the responsibility of complying with the regulations of this By-
law or of any relevant By-laws of the RM of Rockwood.
Every owner shall:
permit the Designated Officer to enter any building or premises for the
purpose of administering or enforcing this By-law at all reasonable times and
with the consent of the owner in accordance with Section 8.3 of this By-law;
after the development application has been approved and the permit issued,
notify the Designated Officer and obtain his/her approval before doing any
work at variance with the approved documents filed; and
be responsible for obtaining, where applicable, from the appropriate
authorities, permits or licenses relating to the buildings, grades, plumbing,
blasting, street, occupancy, electrical, highways, and all other permits
required in connection with the proposed work.
11.0
Development Classes
The following classes of development are hereby established.
Class A
No Development Permit Required
Class B
Permitted Use
Class C
Conditional Use
11.1
Class A Development (No Development Permit Required)
No development permit is required under this By-law for the developments listed below,
provided that such developments shall comply with the Permitted Use and regulations of
this By-law. This does not relieve the applicant or landowner from obtaining approvals
from other government agencies. For a development listed below, the Designated Officer
shall advise the applicant that no permit is required and return the submission, including
any fees paid. Developments exempted from applications are as follows:
Regular maintenance and repair of any development provided it does not include
structural alterations.
Private driveways and patios which are accessory to a development.
A fence, wall, or gate not exceeding 2.00 m. (6.56 ft.) in height
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An accessory building that:
is less than 11.15 sq. m. (120.00 sq. ft.) in area;
does not exceed 4.57 m. (15.00 ft.) or one storey in height; and
is not considered a hazard by the Designated Officer.
An unenclosed deck or a deck enclosed by a rail or parapet wall and a wheelchair
ramp, all of which having a floor less than 0.61 m. (2 ft.) above grade unless it is
anchored to the building.
Landscaping where the existing grade and natural surface drainage pattern is not
materially altered.
The erection or placement of a temporary building, the sole purpose of which is
incidental to the erection of a building for which a development permit has been
granted, provided the temporary building is removed within 30 days of substantial
completion or as determined by the Designated Officer.
The following types of signs are exempt but this shall not relieve the owner or
person in control of such signs from erecting and maintaining the signs in a safe and
good condition:
signs of less than 0.60 sq. m. (6.46 sq. ft.) in area, advertising the sale, lease,
or rent of property, premises, or buildings on that site;
memorial signs or tablets of bronze, brass, stone or other non-combustible
materials when built into or attached to the walls of a building or other
structure provided such tablets bear only the name of the owner, the name
and use of the building, the date of erection of the building or reading matter
commemorating a person or event;
signs of a duly constituted governmental body, including traffic or regulating
devices, legal notices, railway crossing, danger or other emergency signs;
one real estate sign; and
non-illuminated directional signs, each sign not to exceed 0.50 sq. m. (5.38 sq.
ft.) in sign area.
The use of vacant farmland, farm buildings and structures for permitted agricultural
activities, excluding livestock operations.
When a change in land use is from one agricultural activity to another, excluding
livestock operations.
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12.0
Development Permit Application Submissions
12.1
General Conditions
An application for a development permit shall not be considered to have been
received until the applicant has submitted all information required pursuant to this
Section of the By-law, and any information specifically required pursuant to the
regulations of the applicable Zone or any other Section of this By-law and until the
applicant has paid the appropriate fee.
Despite Section 12.1(1) of this By-law, the Designated Officer may consider an
application if the development is of such a nature as to enable a decision to be
made on the application without all of the information required in this Section of
the By-law.
The Designated Officer may require an applicant to submit such additional
information as he/she considers necessary to verify the compliance of the proposed
use or development with the regulations of this By-law.
Despite Section 11.1(4) of this By-law, a development permit for an accessory
building cannot be issued unless a development permit for the main building has
also been issued.
The approval of any application, drawings, or the issuing of a development permit
shall not prevent the Designated Officer from thereafter requiring the correction of
errors, nor from prohibiting the development being carried out when the same is
in violation of this By-law.
Where an application for a development permit is determined to contain incorrect
information, no development permit shall be issued until the applicant corrects
such information.
Any development permit issued on the basis of incorrect information contained in
the application shall be invalid.
Unless otherwise specified in this By-law, all drawings submitted shall be drawn on
substantial standard drafting material to a scale of not less than 1:100 or such other
scale as the Designated Officer may approve, and shall be fully dimensioned,
accurately figured, explicit and complete.
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12.2
Class B Developments (Permitted Use)
The following information shall be submitted with an application for Class B (Permitted
Use) developments, and the appropriate application form fully and accurately completed
in accordance with the following regulations:
The municipal address of land and buildings presently occupying the site, if any.
A status of title.
A legal description of the land on which the proposed development is to occur, by
lot, block, subdivision and registered plan numbers.
The applicant's name, address and interest in the land.
A sketch plan of the site, showing the location of the proposed development
relative to the boundaries of the site.
Description of the work to be performed with respect to:
change in current occupancy of land use; or
description of proposed development or building operations.
Identification of the scale of the development with respect to:
gross floor area of the development in square metres;
area of the site covered in square metres;
height of the structure in metres; and
number of floors or storeys.
The estimated value, in dollars, of the proposed work.
A site plan, at a minimum scale of 1:500, showing the following:
a directional true north arrow with the north point located in such a manner
that the true north is in the upper position of the drawings;
setbacks and yard dimensions;
the location of all buildings or structures in relation to property lines; and
dimensioned layout of existing and proposed parking areas, driveways,
entrances and exits, abutting public roadways, median breaks and auxiliary
lanes.
Identification of the scale of the development with respect to the number of
dwellings, or establishments for commercial, industrial or other purposes.
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If required by the Designated Officer, a site plan at a minimum scale of 1:500,
showing:
the location of sidewalks and walkways; where applicable, parking, loading,
storage, outdoor service and display areas; and
the location of fences, screening, retaining walls, trees, landscaping, and
other physical features both existing and proposed in the site and adjoining
boulevard, if any.
Floor plans at a minimum scale of 1:100, indicating all uses or occupancies, storage
and garbage holding areas.
Elevations and drawings, indicating sections and the bulk of buildings, at a minimum
scale of 1:100.
Number of parking and loading spaces required and provided.
A building location certificate, if required by the Designated Officer.
A site plan and description of the proposed water supply and wastewater
management systems.
12.3
Class C Developments (Conditional Use)
In addition to two copies of the information required for Class B (Permitted Use)
developments, the applicant shall submit two copies of the following for Class C
(Conditional Use) developments:
A plan showing the location of adjacent buildings and structures indicating the
approximate height and number of storeys.
Excluding the Agricultural and Aggregate Extraction Operation Use Classes, a
description of the exterior finishing materials to be used.
A written statement and other supportive material explaining the proposed
development.
12.4
Sign Developments
The following information shall be submitted, in duplicate, with an application for a
development permit for a sign, and the appropriate application form shall be fully and
accurately completed:
The municipal address and legal description of the land or building where the sign
is to be erected.
The applicant's name, address, telephone number and interest in the land.
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The name of the business or development where the signs is to be erected.
Whether the development where this sign is to be erected is single business
occupancy or multiple business occupancy development.
A letter from the owner of the property on which the sign is to be erected, or his/her
agent, authorizing the applicant's sign development.
Two sets of working drawings for the proposed sign showing:
the overall dimensions of the sign, including all sign boxes and cabinets;
a description or illustration of the copy to be displayed on the sign;
the method of illumination, if any;
the materials from which the sign is to be constructed; and
method used to support the sign and the type of wall construction if the sign
is anchored to a building.
Two sets of sketch plans showing:
the location of the sign on the building;
the clearance from grade from the lowest portion of the sign;
maximum extension of the sign above the building roof or parapet wall;
the distance of the maximum projection of the sign beyond the building wall;
and
any sidewalks, pedestrian passageways, or public roadways that the proposed
sign will extend over.
13.0
Special Information Regulations
13.1
Slope and Soil Information
When an application for a development permit is submitted to the Designated
Officer for the development of a site abutting a water course and Municipal drain,
the Designated Officer may require, in consultation with a Certified Professional
Engineer of Manitoba, information regarding the existing and proposed grades at
0.50 m. (1.64 ft.) contour intervals. The final grades shall be to the satisfaction of
the Designated Officer and in accordance with the RM of Rockwood Lot Grade By-
law, as amended.
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Despite anything contained herein, the Designated Officer may require a detailed
engineering study of the soil conditions prepared by a Certified Professional
Engineer of Manitoba prior to the issuance of a development permit or the
construction of any development abutting a water course and Municipal drain. The
engineering study shall contain evidence of:
test borings;
ground water piezometer test;
slope indicators where necessary;
identification of any sub-surface mining operations;
river erosion analysis; and
surface erosion analysis.
The detailed engineering study shall conclude with the registered Professional
Engineer certifying that the foundations proposed for the development are
designed with full knowledge of the soil conditions and the proposed siting of the
development upon this site.
The Designated Officer may require the submission of a detailed engineering study
as outlined in Section 13.1(2) of this By-law prior to the issuance of a development
permit at any location within the Municipality which in the opinion of the
Designated Officer or Certified Professional Engineer of Manitoba has unstable soil
conditions.
The Designated Officer, having required a detailed engineering study of the soil
conditions may, acting on the advice of the Certified Professional Engineer of
Manitoba, apply conditions to the approval of the development permit to prevent
erosion, stabilize soil conditions and ensure proper land drainage.
14.0
Conditions Attached to a Development Permit
The Designated Officer, the Planning Board or Council may impose, with respect to
a permitted use, such conditions as are required to ensure compliance with this By-
law.
Council may, with respect to a conditional use, impose such conditions as deemed
appropriate, having regard to the regulations of this By-law, other municipal,
provincial and federal government regulations, and matters raised at the
conditional use hearing.
The Designated Officer or Council may, as a condition of issuing a development
permit, require the applicant to make satisfactory arrangements for the supply of
electric power, vehicular and pedestrian access, or any of the aforementioned,
including payment of the costs of installation or constructing any such utility or
facility by the applicant.
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The Designated Officer or Council may, as a condition of issuing a development or
building permit, require the Owner or Applicant to agree to do all or any of the
following:
to construct, or pay for the construction of, a public roadway required to give
access to the development;
to specify the location and number of vehicular and pedestrian access points
to sites from public roadways, including the construction, or payment for the
construction thereof or improvements thereto;
to install, or pay for the installation of, utilities and land drainage, water and
sanitary sewer lines that are required to serve the development and other
benefitting areas as determined solely by the Municipality, or pay the
recovery costs of services which have already been installed; and
to repair or reinstate, or to pay for the repair or reinstall, to original condition
as determined by the Designated Officer, any street furniture, curbing,
sidewalk, boulevard landscaping, tree planting or other similar features which
may have been damaged or destroyed or otherwise harmed by the
development or building operations upon the site.
5)
The Designated Officer or Council may require any agreement entered into
pursuant to Section 14.0 (4) of this By-law to be caveated against the title to the
site at the Land Titles Office.
15.0
Enforcement and Penalties
15.1
Offenses
Any owner, lessee, tenant or occupant of land, or a building or a structure thereon,
who, with respect to such land, building or structure:
contravenes; or
causes, suffers or permits a contravention of, any provision of the Act, a
development permit, a development agreement or this By-law;
commits an offense.
Any contractor, worker, or other person who constructs a building or structure, or
makes an addition or alteration thereto:
for which a development permit is required but has not been issued or is not
subsisting under this By-law; or
in contravention of a condition of a development permit issued under this By-
law;
commits an offense.
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15.2
Penalties
Fines and penalties will be imposed as per the Act.
15.3
Suspension or Revocation of the Development Permit
The Designated Officer may suspend or revoke a development permit where:
the applicant fails to comply with the conditions of issuance of a permit; or
any person undertakes or causes or permits any development on a site
contrary to the terms or conditions of a permit.
Any person who undertakes, or causes or permits, any development on a site
without a permit, or after a permit has been suspended or revoked, shall
discontinue such development forthwith upon notice in writing issued by the
Designated Officer so requiring, and shall not resume such development unless a
permit has been issued or the permit reinstated.
16.0
Zoning By-law Amendments
16.1
Text and Mapping Amendments
Any person applying to amend Parts I, II, III and IV of this By-law shall apply in
writing to the Designated Officer, furnishing reasons in support of the application
and requesting that the Designated Officer submit the application to the Council.
If a person applies to the Council in any manner for an amendment to Parts I, II, III
and IV of this Zoning By-law, the Council shall require him/her to submit his/her
application to the Designated Officer in accordance with the provisions of this
Section of the By-law before it considers the amendment proposed by such person.
Any person applying to amend Part III of this By-law to change the Zone governing
any land shall apply in writing to the Designated Officer and submit the following
to the Designated Officer:
a status of Title which has been issued no later than 30 days prior to the
receipt of the amendment application by the Designated Officer;
the applicant's name, signature, address and interest in the property;
a signed statement by the applicant stating that he/she is willing to pay for all
costs incurred by the Municipality in processing the proposed amendment,
whether it be enacted or not, including, but not limited to, all mapping,
printing, reproduction, planning, engineering, legal, surveys and advertising
costs;
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the appropriate application fee; and
a brief written statement by the applicant in support of his/her application,
and his/her reasons for applying.
16.2
Review and Processing of Amendments
Upon receipt of an application for a rezoning amendment, the Designated Officer
shall forward the application to Council for review.
If Council deems it appropriate to give the application first reading, the Designated
Officer shall then examine the proposed amendment or undertake an investigation
and analysis of the potential impacts of development under the proposed Zone.
The analysis shall be based upon the full development potential of the uses and
development regulations specified in the proposed Zone and not on the merits of
any particular development proposal. The analysis shall, among other things,
consider the following impact criteria:
relationship to and compliance with the South Interlake Planning District
Development Plan and Council policy;
compatibility with surrounding development in terms of land use function
and scale of development;
traffic impacts;
relationship to, or impacts on utility services and public facilities such as
recreational facilities and schools;
relationship to Municipal land, right-of-way or easement regulations;
effect on stability, retention and rehabilitation of desirable existing uses,
buildings, or both in the area;
necessity and appropriateness of the proposed Zone in view of the stated
intentions of the applicant;
relationship to the documented concerns and opinions of area residents
regarding the application;
groundwater and soil conditions; and
topographical, physical and natural features.
The Designated Officer may prepare a written report on the proposed amendment
and advise the applicant of the hearing date.
The Designated Officer, in his/her discretion, may present for the consideration of
Council any proposed amendment to this By-law, and the proposed amendment
shall be accompanied by the report and recommendation of the Designated Officer.
Council, in its discretion, may initiate any amendment to this By-law, and prior to
the approval of any amendment, Council may refer the proposal to the Designated
Officer for his/her report and recommendation.
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Every rezoning application shall be accompanied by the required fee as set out by
the Planning Board or Council.
When a Development and/or Zoning Agreement is to be entered into between the
Municipality and the applicant, the applicant shall pay to the Municipality, in
addition to any other fee required pursuant to this or any other By-law, a
Development and/or Zoning Agreement fee.
16.3
Notification of Amendments
Prior to consideration by Council of a proposed rezoning amendment, the
Designated Officer shall place a public notice in compliance with the Act.
17.0
Conditional Uses
Where a use is classified as a conditional use and exists as an allowable use at the
date of the adoption of this By-law or amendments thereto, it shall be considered
as a legally existing conditional use.
Any change in a conditional use shall be subject to the provisions of this Section and
the appropriate provisions of the Act.
An owner or his/her agent may file an application to use land for a use listed as a
conditional use in this By-law.
An application for approval of a conditional use shall be filed with the Designated
Officer and shall be in such form and accompanied by such information and fees as
determined by Council.
Council may request the Designated Officer to prepare a written report that
identifies potential impacts. The analysis may, among other things, consider the
following impact criteria:
relationship to and compliance with the South Interlake Planning District
Development Plan and Council policy;
compatibility with surrounding development in terms of land use function
and scale of development;
traffic impacts;
relationship to, or impacts on utility services and public facilities such as
recreational facilities and schools;
relationship to Municipal land, right-of-way or easement regulations;
effect on stability, retention and rehabilitation of desirable existing uses,
buildings, or both in the area;
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relationship to the documented concerns and opinions of area residents
regarding the application;
groundwater and soil conditions; and
topographical, physical and natural features.
Prior to consideration by Council of a conditional use application, the Designated
Officer shall place a public notice in compliance with the Act, with the exception of
an Aggregate Extraction Operation or any conditional use in the ME: Industrial
Extractive and MEH: Industrial Extractive Holding Zones where the notice of the
hearing date shall be sent to every owner of property within three kilometers of
the site of the proposed for development as determined by the Designated Officer.
An application for a conditional use shall be processed and approved or rejected in
accordance with the Act. If warranted, Council may want to consider imposing
conditions to ensure that the proposed development will not significantly impact
the Municipality. This could include:
additional buffering measures such as increased yard setbacks, berms and
fencing;
performance standards dealing with such potential impacts as noise, odour
and vibration;
limiting the hours of operation;
imposing design and siting regulations including landscaping, outdoor lighting,
refuse and storage areas, and building design and architectural appearance;
the owner/applicant upgrading certain municipal services such as roads and
ditches;
a letter of credit related to municipal improvements such as road or drainage
works;
liability insurance protecting the municipality from any future legal claims,
including environmental contamination to water sources; or
the owner/applicant entering into a development agreement with the
Municipality.
The approval of Council shall expire and cease to have any effect if it is not acted
upon within twelve months of the date of the decision, unless it is renewed at the
discretion of Council for one additional period not exceeding twelve months.
With the exception of livestock operations, a conditional use approval expires if the
use begins operations within two (2) years of the date of approval but later ceases
operations for three (3) consecutive years unless otherwise specified in the terms
of approval due to special conditions.
Unless otherwise provided in a Conditional Use Order, all approved conditional
uses:
SECTIONS
GENERAL
8-19
ADMINISTRATIVE CLAUSES
RM OF ROCKWOOD
PAGE 64
ZONING BY-LAW NO. 20/19
shall be operated in accordance with all plans and documents submitted as
part of the application; and
shall comply with all other applicable provisions of this By-law.
18.0
Variation Orders
Any person who is of the opinion that this By-law injuriously or adversely affects
him/her or his/her property rights, may at any time apply for a variation order, in
accordance with the provisions of the Act.
An application for a variation order shall be filed with the Designated Officer, and
shall be in such form and accompanied by such information and fees as determined
by the Designated Officer or Council.
Prior to consideration by Council of a proposed variation order, the Designated
Officer shall place a public notice in compliance with the Act. Council may request
the Designated Officer to prepare a written report that assesses the merits and
implications of the proposed application.
An application for a variation order shall be processed and approved or rejected in
accordance with the provisions of the Act. As a condition of approval, Council may
require that the owner/applicant enter into a development agreement with the
Municipality.
The approval of Council shall expire and cease to have any effect if it is not acted
upon within twelve months of the date of the decision, unless it is renewed at the
discretion of Council for one additional period not exceeding twelve months.
19.0
Subdivisions
Subject to Section 19.0 (2) and 19.0 (3) of this By-law, no parcel of land shall
hereafter be divided into sites, unless each site conforms to the regulations of the
Zone in which the site is located.
Council may, as provided in the Act, vary the regulations as they apply to an
individual site, subject to complying with the objectives and policies of the South
Interlake Planning District Development Plan.
An existing undersized lot may be increased in area or frontage, or both, and still
remain an existing undersized lot if after the increase the lot still remains
undersized.
In addition to the requirements contained herein, all subdivisions shall conform to
the provisions of the South Interlake Planning District Development Plan, and the
provisions of the Act, where applicable.
GENERAL DEVELOPMENT REGULATIONS
SECTIONS
GENERAL
20-38
DEVELOPMENT REGULATIONS
RM OF ROCKWOOD
PAGE 66
ZONING BY-LAW NO. 20/19
20.0
Applicability
The General Development Regulations apply to any development on any site,
irrespective of the Zone in which it is located.
21.0
Yards on Corner Lots and Double Fronting Lots
In the case of a corner lot, the front yard shall be the yard abutting the front lot line.
Despite Section 21.0(1) of this By-law, the Designated Officer may require any
corner lot to provide an additional front yard or yards other than that required,
having regard to the orientation and access of adjacent developments.
The Designated Officer may require a double fronting lot to provide a front yard on
each public roadway, other than a lane, provided that at least one front yard shall
be provided.
22.0
Projections into Yards
The following features may project into a required yard as provided for below:
Uncovered walks, wheelchair ramps, trellises, flagpoles, lighting fixtures and
lampposts.
Verandas, porches, eaves, shade projections, unenclosed steps, cantilevers,
chimney or parts of a chimney, belt courses, sills, together with any other
architectural features which, in the opinion of the Designated Officer, are of a
similar character, provided such projections do not exceed 0.61 m. (2.00 ft.).
Bay, oriel, or similar windows, provided that such projections do not exceed 0.61
m. (2.00 ft.).
Balconies, provided that such projections do not exceed 0.61 m. (2.00 ft.).
Any loading space required under the regulations of this By-law, provided it shall
not be in a required front yard.
A parking area when comprised of parking spaces required under this By-law,
provided that no parking area in the CC: Commercial Central, RM: Residential
Multiple Family, MB Industrial Business, and CM1: Community Mixed Use 1 Zones
shall be located within the first 4.57 m. (15.00 ft.) of a required front yard. This shall
not prohibit the use of a required front yard for such walkways and driveways as
the Designated Officer considers necessary. (BL 14/24)
SECTIONS
GENERAL
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DEVELOPMENT REGULATIONS
RM OF ROCKWOOD
PAGE 67
ZONING BY-LAW NO. 20/19
The Designated Officer may allow an obstruction or exception not listed in Section
22.0 1) to 6) of this By-Law, provided the obstruction or exception will have no
greater impact on surrounding properties than those permitted.
23.0
Objects Prohibited or Restricted in the RS-1 and RS-2: Residential Single Family, RM:
Residential Multiple Family and RC: Residential Comprehensive Zones
No person shall keep in any part of a site in the RS-1 and RS-2: Residential Single Family,
RM: Residential Multiple Family and RC: Residential Comprehensive Zones:
Any loaded commercial vehicle of a maximum weight exceeding 6,804.00 kg.
(15,000.00 lb.) gross vehicle weight or 12.19 m. (40.00 ft.) in length.
Any dismantled or wrecked vehicle for more than fourteen consecutive days unless
otherwise authorized under The Derelict Vehicle By-law.
Any object or chattel which, in the opinion of the Designated Officer or Council, is
unsightly or tends to adversely affect the amenities of the area.
Any above ground or below ground Bulk Storage Facility.
24.0
Fences
24.1
General
A fence shall be permitted in a required yard or on the boundaries of a required
yard provided it complies with the fence regulations of this By-law.
24.2
Fences in the RS-1 and RS-2: Residential Single Family, RM: Residential Multiple Family
and RC: Residential Comprehensive Zones
A fence in the RS-1 and RS-2: Residential Single Family, RM: Residential Multiple Family
and RC: Residential Comprehensive Zones:
Shall not include electric fences or barbed wire fences.
Shall not be higher, measured from the general ground level at a distance of 0.61
m. (2.00 ft.) from within the lot line of the site on which the fence is to be
constructed, than:
1.22 m. (4.00 ft.) in a required front yard; and
2.00 m. (6.56 ft.) in a required side or rear yard.
Notwithstanding the above, the permitted height of a fence can be increased or
decreased at the discretion of the Designated Officer to reflect the grade of
surrounding sites.
SECTIONS
GENERAL
20-38
DEVELOPMENT REGULATIONS
RM OF ROCKWOOD
PAGE 68
ZONING BY-LAW NO. 20/19
24.3
Fences in the Other Zones, Excluding the RR: Rural Residential, AL: Agriculture Limited,
and AG: Agriculture General Zones
A fence in the other Zones, excluding the RR: Rural Residential, AL: Agriculture Limited,
and AG: Agriculture General Zones:
Shall not include electric fences or barbed wire fences except in the case of
Commercial and Industrial Use Class developments where the top 0.60 m. (2.00 ft.)
of the fence can be barbed wire for security purposes.
Shall not be higher than:
1.22 m. (4.00 ft.) in a required front yard; and
2.00 m. (6.56 ft.) in a required side or rear yard.
Notwithstanding the above, the maximum height of a fence for Public Education
Service, Private Education Service, Public Utility Service or Public Park Use Class
developments shall be 3.05 m. (10.00 ft.), excepting chain link fences for which
there shall be no height limitation.
Notwithstanding the above, for Industrial and Commercial Use Class developments:
the maximum height of a fence located in a rear yard shall be 3.66 m. (12.00
ft.); and
outside storage shall not be allowed to project above the height of the fence.
Notwithstanding the above, the permitted height of a fence can be increased or
decreased at the discretion of the Designated Officer to reflect the grade of
surrounding sites.
24.4
Fences in the RR: Rural Residential Zones
An electric fence is allowed in the RR: Rural Residential Zone where an approved
Equestrian Establishment, Game Farm, Livestock Operation or Non-Commercial
Farm Use Class development is located.
25.0
Accessory Uses, Buildings and Structures
25.1
General Regulations
Accessory developments are permitted when accessory to a permitted use.
Accessory developments are conditional when accessory to a conditional use.
SECTIONS
GENERAL
20-38
DEVELOPMENT REGULATIONS
RM OF ROCKWOOD
PAGE 69
ZONING BY-LAW NO. 20/19
Where any building or structure on a site is attached to a principal building on the
site by a roof, an open or enclosed structure above grade, a floor or a foundation
which is above grade, or any structure below grade allowing access between the
buildings such as a parking garage or a corridor or passageway connecting the
buildings, it is a part of the building and is not an accessory building.
No accessory building or structure shall be constructed on any site prior to the time
of construction of the principal building to which it is accessory.
No accessory building or structure shall be used as a dwelling unit.
25.2
Accessory Buildings in all Zones
No detached accessory building shall be located closer than 1.83 m. (6.00 ft.) to any
main building measured from any projection nor shall it be located closer than 0.61
m. (2.00 ft.), measured from any projection, to any site line with the exception of
corner lots. For corner lots, a detached accessory building shall not be located
closer than 3.05 m (10.00 ft.), measured from any projection, to any lot line located
adjacent to a street.
In no instance shall an accessory building be located within a dedicated easement
right-of-way.
Any garage that is either attached or free standing shall not have a door height
exceeding 3.05 m. (10.00 ft.) in all Residential and Rural Settlement Centre Zones.
25.3
Accessory Buildings in the Other Zones
Accessory buildings or structures shall be subject to the regulations for that Zone.
Notwithstanding Section 25.3(1) of this By-law, the maximum height of accessory
buildings or structures on a site which abuts a site in the RS-1 and RS-2: Residential
Single Family, RM: Residential Multiple Family and RC: Residential Comprehensive
Zone shall not be greater than the height of the principal buildings permitted in the
said abutting Zone.
25.4
Temporary Buildings and Uses
A development permit for a temporary building, structure or use shall be subject to
such terms and conditions as required by Council or the Designated Officer.
Each development permit issued for a temporary building, structure or use shall be
valid for a period of not more than twelve months and may not be renewed for
more than one successive period at the same location.
SECTIONS
GENERAL
20-38
DEVELOPMENT REGULATIONS
RM OF ROCKWOOD
PAGE 70
ZONING BY-LAW NO. 20/19
In all cases, temporary buildings and structures shall not exceed 92.90 sq. m.
(1,000.00 sq. ft.) in area and one storey or 4.57 m. (15.00 ft.) in height, and:
may be used as an office space for the contractor or developer;
shall not be used for human habitation, except as temporary accommodation
for a caretaker, watchman or construction workers;
may be used as a temporary placement of concrete and asphalt batch plants
that are incidental to and necessary for highway construction and
maintenance;
shall not be detrimental to the public health, safety, convenience and general
welfare, nor detract from the aesthetic value of the neighbourhood;
unless stated in this By-Law or in the terms of the permit, the temporary use
shall cease to operate 30 days after the approval of the permit;
all temporary signs associated with the temporary use or structure shall be
removed when the activity ends;
the temporary use or structure shall not violate any applicable conditions of
approval that apply to a principal use on the site;
if the property is undeveloped, it shall contain sufficient land area to allow
the temporary use or structure to occur, as well as any parking and traffic
movement that may be associated with the temporary use;
tents and other temporary structures shall be located so as not to interfere
with the normal operations of any permanent use located on the property;
and,
a temporary use is not permitted unless sufficient off-street parking is
provided to accommodate anticipated parking needs associated with the
temporary use.
Notwithstanding the regulations of this Section of the By-law, a temporary
development permit shall be issued for a Carnival development provided its
maximum permitted duration on a site, which includes the installation and removal
of all equipment and structures thereon, is five days.
26.0
Lighting of Sites
Outdoor lighting for any development within Urban Centres and Rural Settlement
Centres:
Shall be low-glare in nature and located and arranged so that no direct rays of light
are directed at any adjoining properties, or interfere with the effectiveness of any
traffic control devices.
If ground mounted, the maximum height shall be 10.67 m. (35.00 ft.).
SECTIONS
GENERAL
20-38
DEVELOPMENT REGULATIONS
RM OF ROCKWOOD
PAGE 71
ZONING BY-LAW NO. 20/19
27.0
Height Exemptions
In determining whether a development conforms to the maximum height
permissible in any Zone, the following features shall not be considered for the
purpose of height determination: chimney stacks, steeples, belfries, domes or
spires, monuments, elevator housings, roof stairway entrances, water or other
tanks, ventilating equipment, skylights, fire walls, receiving or transmitting
structures, masts, flag poles, clearance markers or other erections which are
considered to be similar by the Designated Officer.
28.0
Access to Sites
All access locations and curb crossings shall require the approval of the Designated
Officer or Municipal Engineer. Permits for:
developments adjacent to Provincial Trunk Highways shall be required from
the Authority Having Jurisdiction; and
developments adjacent to Provincial Roads and Provincial Access Roads shall
be required from the Authority Having Jurisdiction.
All new lots and subdivisions shall have public frontage or legal access to an all-
weather road.
29.0
Surface Materials for Parking and Loading Areas
Any area at the rear of the principal building provided or required for off-street
parking and loading space in the CC: Commercial Central, CH: Commercial Highway,
or CR: Commercial Recreation Zones or the MB: Industrial Business, MG: Industrial
General or ME: Industrial Extractive Zones shall be of such a surface that will
minimize the carrying of dirt or foreign matter onto the public roadway.
30.0
Landscaping
Excluding Single Family Dwellings, for any new Commercial, Industrial and
Residential Use Class development, land not covered in buildings, parking areas,
on-site circulation areas, outdoor storage areas or display areas shall be landscaped
with grass, trees or shrubs within one (1) year of a building permit being issued or
as determined by the Designated Officer.
SECTIONS
GENERAL
20-38
DEVELOPMENT REGULATIONS
RM OF ROCKWOOD
PAGE 72
ZONING BY-LAW NO. 20/19
31.0
Moving of Structures
No person shall move any structure or part thereof off his/her property to any other
location unless that structure or part is made to conform to the regulations of this
By-law applicable to the Zone to which it is to be moved.
Before moving a building or portion to a new location, the owner shall enter into
an agreement with the Municipality containing an undertaking of the owner to pay
all damages arising out of the move and such other terms and conditions as a
Designated Officer deems necessary.
Upon completion of removal of a building from a site, the old foundation shall be
removed, any excavation shall be filled, the ground shall be leveled and the site
shall be put in a safe condition to the satisfaction of the Designated Officer.
32.0
Parking
32.1
General
When any new development is proposed, including a change of use of existing
development, or when any existing development is enlarged or increased in
capacity, then provision shall be made for off-street vehicular parking or garage
spaces in accordance with the regulations and standards contained in this Section
of the By-law as follows:
SECTIONS
GENERAL
20-38
DEVELOPMENT REGULATIONS
RM OF ROCKWOOD
PAGE 73
ZONING BY-LAW NO. 20/19
TABLE 32.1.1
Off Street Parking Regulations
Use Class
Number of Parking Spaces Required
Residential and Residential-Related Use Classes
Bed and Breakfast Home
1.00/Sleeping Accommodation
Institutional Residence
1.00/each 2 Dwelling or Sleeping Units
Mobile Home Dwelling
1.00/Dwelling Unit
Multiple Family Dwelling
1.20/Dwelling Unit
Single Attached Dwelling
1.00/Dwelling Unit
Single Family Dwelling
1.00/Dwelling Unit
Semi-Detached Dwelling
1.00/Dwelling Unit
Townhouse Dwelling
1.20/Dwelling Unit
Two Family Dwelling
1.00/Dwelling Unit
Commercial Use Classes
Hotel and Motel
1.00/Guest Room or Sleeping Unit
Eating and Drinking Establishment
1.00/4 Seats or 1.00/9.29 sq. m. (100.00 sq. ft.) of
floor area, whichever is greater
Convenience and General Retail Stores
1.00/18.60 sq. m. (200.00 sq. ft.) of floor area
All Other Commercial Establishments
1.00/23.20 sq. m. (250.00 sq. ft.) of floor area
Industrial Use Classes
All Industrial Establishments
1.00/92.90 sq. m. (1,000.00 sq. ft.) of floor area
SECTIONS
GENERAL
20-38
DEVELOPMENT REGULATIONS
RM OF ROCKWOOD
PAGE 74
ZONING BY-LAW NO. 20/19
Use Class
Number of Parking Spaces Required
Agricultural Use Classes
Agri-Business and Agricultural Implement Sales
and Service Establishments
1.00/92.90 sq. m. (1,000.00 sq. ft.) of floor area or
1.00/5 employees, whichever is greater
Basic Service Use Classes and Community,
Educational, Recreational and Cultural Service Use
Classes
Indoor Participant Recreation Service, Religious
Assembly, Outdoor Participant Recreation
Service, Private Club, Public Library and Cultural
Exhibit, and Community Recreation Service
1.00/5 Seating spaces or 3.05 m. (10.00 ft.) of bench
space. Where there are no fixed seats, 1.00/each 9.29
sq. m. (100.00 sq. ft.) of floor area devoted to the
assembly room floor area
Extended Medical Treatment Service
2.00/Bed
Public and Private Education Service
1.50/Classroom, plus 1.00/each 9.29 sq. m. (100.00
sq. ft.) of floor area devoted to public use
Government Service
1.00/51.10 sq. m. (550.00 sq. ft.) of floor area
Child Care Service
1.00/2 Employees
Funeral Service
1.00/5 Seating places
SECTIONS
GENERAL
20-38
DEVELOPMENT REGULATIONS
RM OF ROCKWOOD
PAGE 75
ZONING BY-LAW NO. 20/19
Where a proposed use is not listed above, the parking regulation shall be
determined by Council which may either determine that the proposed use is similar
to one which is listed, or, if that is not the case, the Designated Officer shall make
his/her own determination as to the regulation.
Where the parking space regulation is determined by reference to a unit such as
the number of bedrooms or seats, floor area, the next higher number shall be
required where the calculation results in a fractional number of parking spaces.
In the case of the multiple use of a site, the Designated Officer shall calculate the
parking required for each individual use and the total shall be deemed to be the
required parking for the site, unless the applicant can demonstrate to the
satisfaction of Council through a parking demand study that there is a
complementary use of the parking facilities which would warrant a reduction in the
parking regulations.
32.2
Spaces and Aisles
Except as provided below, each required non-residential off-street parking space
shall be a minimum of 2.60 m. (8.53 ft.) in width, and a minimum of 5.50 m. (18.04
ft.) in length, exclusive of access drives or aisles, ramps, or columns. Such spaces
shall have a vertical clearance of at least 2.00 m. (6.56 ft.). For parallel parking, the
length of the parking spaces which shall be increased to 7.00 m. (22.97 ft.), except
than an end space with an open end shall be a minimum of 5.50 m. (18.04 ft.). For
parking spaces other than parallel parking spaces, up to 15.00 percent of the
required parking spaces may be of a length shorter than that required above, to a
minimum of 4.60 m. (15.09 ft.).
Aisles shall be a minimum of 7.00 m. (22.97 ft.) wide for 90.00 degree parking, 5.50
m. (18.04 ft.) wide for 60.00 degree parking, and 3.60 m. (11.81 ft.) wide for 45.00
degree and parallel parking.
For Residential and Residential-Related Use Class developments, the required
parking spaces shall be wholly provided on the same site as the principal building.
For all other uses, the parking spaces shall be located not more than 100.00 m.
(328.08 ft.) from the principal building, unless otherwise approved by Council. Such
distance shall be measured along an accessible public roadway from the nearest
point of the parking area to the nearest point of the site where the principal building
or use is located.
SECTIONS
GENERAL
20-38
DEVELOPMENT REGULATIONS
RM OF ROCKWOOD
PAGE 76
ZONING BY-LAW NO. 20/19
32.3
Accessible Parking Spaces
Out of the total number of required off-street parking spaces, the owner must
provide a portion of those spaces so as to be accessible to persons
with
disabilities. Each such space:
the width of each required accessible space must be a least 3.05 m. (10.00
ft.); and for every 10 accessible parking spaces required to be provided, at
least 1 space must be a minimum of 2.44 m. (8.00 ft.) wide and must have
an adjacent loading and manoeuvring area of at least 2.44 m. (8.00 ft.);
must be located within 60.96 m. (200.00 ft.) of major building entrances used
by residents, employees, or the public; and
must include signage reserving the space for the use by persons with
disabilities.
At least 1 curb ramp must be located within 30.48 m. (100.00 ft.) of the auto parking
space closest to each entrance to a principal or accessory building that is not a
service entrance.
Accessible parking space requirements are as follows:
Total No. Of
Parking Spaces
Min. No. Of
Accessible Stalls
1-25
1
26-50
2
51-75
3
76-100
4
101-150
5
151-200
6
SECTIONS
GENERAL
20-38
DEVELOPMENT REGULATIONS
RM OF ROCKWOOD
PAGE 77
ZONING BY-LAW NO. 20/19
33.0
Signs
33.1
General
No person shall erect a sign without first obtaining a development permit from the
Designated Officer and no development permit to erect a sign shall be issued unless
all the sign regulations of this By-law have been satisfied.
Where regulations of this By-law are inconsistent with the regulations respecting
signs on or near public highways made or administered by Manitoba Infrastructure,
the more restrictive regulations shall apply.
Signs are considered accessory uses and shall be developed in accordance with
Section 25.0 of this By-law.
No sign shall be erected, operated, used or maintained which:
due to its position, shape, colour, format or illumination obstructs the view
of, or may be confused with, an official traffic sign, signal or device, as
determined by the Designated Officer or Council;
display lights resembling the flashing lights usually associated with danger or
those used by police, fire, ambulance and other emergency vehicles;
allows a swinging motion;
except for Community Service Clubs, Religious Assemblies and General
Advertising Signs, is not related to any business upon the site where the sign
is located;
is located on a public right-of-way or sidewalk; and
contains a trademark or emblem other than a trademark or emblem that is
registered or copyrighted in the name of the applicant.
33.2
Abandoned and Unlawful Signs
Where a Designated Officer finds a sign to be abandoned, the Designated Officer
may, after resolution of Council, by notice in writing or by registered mail, order the
registered owner, the person in possession of the site or building or the person
responsible for the abandoned sign to remove the sign within twenty days after
receipt of the notice, or take such measures as are specified in the notice to alter
and refurbish the sign so that it correctly identifies the business, or the products
and services offered on the site where the sign is displayed.
SECTIONS
GENERAL
20-38
DEVELOPMENT REGULATIONS
RM OF ROCKWOOD
PAGE 78
ZONING BY-LAW NO. 20/19
Where a sign contravenes the regulations of this By-law, Council may, by notice in
writing, order the owner or the person responsible for the contravening sign to take
such measures as are specified in the notice to alter the sign so that it complies with
the regulations of this By-law, or remove the sign.
Failure to remove abandoned or unlawful signs, or to comply with the measures
specified in the notice by Council, shall result in the removal of the sign by the
Municipality with the owner or the person responsible for the contravening sign
assuming liability for all removal costs.
33.3
Sign Regulations
Quality, aesthetic character, and finishing of sign construction shall be to the
satisfaction of the Designated Officer or Council.
No signs shall be erected in the RS-1 and RS-2: Residential Single Family, RM:
Residential Multiple Family, RC: Residential Comprehensive, and the CM1:
Community Mixed Use 1 Zones except those expressly provided for in this Section
of the By-law. (BL 14/24)
Fascia signs shall not have letters over 0.60 m. (1.97 ft.) high and which exceed
80.00 percent of the building width.
Free standing signs are limited to no more than one per lot, except on a corner lot
or through lot. The Designated Officer or Council may allow more than one free
standing sign if warranted by the circumstances.
Where the architectural design and appearance of a building facade for a multiple
business occupancy are uniform, signs or individual businesses located on the same
facade shall, in the opinion of the Designated Officer or Council, be similar as to
proportion, materials, and placement such that they present a pleasing
architectural appearance.
No canopy sign shall be erected over a public thoroughfare which:
SECTIONS
GENERAL
20-38
DEVELOPMENT REGULATIONS
RM OF ROCKWOOD
PAGE 79
ZONING BY-LAW NO. 20/19
extends horizontally beyond a line drawn perpendicularly distant to and 0.60
m. (1.97 ft.) in from the line of the curb;
extends more than 2.00 m. (6.56 ft.) over the public thoroughfare;
is less than 3.00 m. (9.84 ft.) above the public thoroughfare measured from
the lowest portion of such canopy;
is supported on posts or by braces, brackets or supports on or extending over
a public thoroughfare except where the braces, brackets or supports are
hidden from view and above the height of the roof line of the canopy;
is constructed in such a manner that drainage from the canopy falls on any
public thoroughfare.
No awning sign shall be erected over a public thoroughfare that:
extends more than 2.00 m. (6.56 ft.) over the public thoroughfare;
is less than 2.40 m. (7.87 ft.) above the public thoroughfare measured from
the lowest portion of the awning including any fringe thereupon; or
is supported by pillars or posts or by braces, brackets or supports on or
extending over such public thoroughfare except where the braces, brackets
or supports are hidden and above the height of the roof line of the awning.
For the purposes of this Section of the By-law, where a lot is occupied by more than
one business (i.e. multiple occupancy) each business shall be considered a separate
business.
Signs shall be developed in accordance with the following regulations:
SECTIONS
GENERAL
20-38
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RM OF ROCKWOOD
PAGE 80
ZONING BY-LAW NO. 20/19
TABLE 33.3.1
Sign Regulations
Use Class
Types of Signs
Maximum Sign Area
Maximum Sign
Height
Residential and
Residential-Related
Identification
0.37 sq. m. (4.00 sq. ft.)
3.05 m. (10.00 ft.)
Real Estate
1.49 sq. m. (16.00 sq. ft.)
6.10 m. (20.00 ft.)
Agricultural and
Natural Resource
Identification
2.97 sq. m. (32.00 sq. ft.)
10.67 m. (35.00 ft.)
Commercial and
Industrial
Business Identification
(if attached to a building only)
25.00 percent of the building
face for each business (with only
the front wall of the building
facing the public street being
eligible), to a maximum of 18.58
sq. m. (200.00 sq. ft.) for single
occupancy and a combined
maximum of 55.74 sq. m.
(600.00 sq. ft.) for multiple
occupancy
10.67 m. (35.00 ft.)
Business Identification
(if free standing only)
18.58 sq. m. (200.00 sq. ft.) for a
single occupancy site and 55.74
sq. m. (600.00 sq. ft.) for a
multiple occupancy site
10.67 m. (35.00 ft.)
Business Identification
(if attached to a building and
free standing)
37.16 sq. m. (400.00 sq. ft.) for a
single occupancy site, 55.74 sq.
m. (600.00 sq. ft.) for a multiple
occupancy site of two
businesses, 74.32 sq. m. (800.00
sq. ft.) for a multiple occupancy
site of three businesses and
92.90 sq. m. (1,000.00 sq. ft.) for
a multiple occupancy site of
more than 3 businesses
10.67 m. (35.00 ft.)
Basic Service Use and
Community,
Educational,
Recreational and
Cultural Service
Identification Sign
(if attached to a building or
free standing)
2.32 sq. m. (25.00 sq. ft.) if the
site abuts the site of a
Residential Use Class
development and 4.65 sq. m.
(50.00 sq. ft.) in other Zones
10.67 m. (35.00 ft.)
SECTIONS
GENERAL
20-38
DEVELOPMENT REGULATIONS
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Notwithstanding anything elsewhere contained in this By-law, the following
regulations shall apply to portable signs:
portable signs are only allowed in the CC: Commercial Central, CH:
Commercial Highway or CR: Commercial Recreation Zones or the MB:
Industrial Business or MG: Industrial General or AL: Agricultural Limited or
AG: Agricultural General Zones;
a portable sign shall not be located, erected, placed or displayed on any site
until a permit which outlines the sign identification number and expiry date,
has been issued by the Designated Officer;
the portable sign shall be removed from the site upon the expiry date of the
portable sign permit;
the maximum sign surface area of a portable sign is 4.65 sq. m. (50.00 sq. ft.);
there shall be no more than one portable sign per lot;
a portable sign shall comply with the yard regulations of the Zone within
which it is located;
any flashing or scintillating portable signs shall not be located within 60.96 m.
(200.00 ft.) of a RS-1 and RS-2: Residential Single Family, RM: Residential
Multiple Family and RC: Residential Comprehensive Zone boundary;
no portable sign shall be placed in such a way that it may interfere with,
obstruct the view of, or be confused with an authorized traffic signal, warning
sign or other regulatory or informational device, and in no circumstances shall
it be located within 3.05 m. (10.00 ft.) from the nearest part of any exit or
entrance driveway;
the maximum height of a portable sign shall be 3.05 m. (10.00 ft.) measured
from grade to the highest part of the sign;
the maximum permitted duration for a portable sign on a site is ninety
consecutive days per calendar year;
each business on a site with multiple occupancy shall be allowed to have one
portable sign on the site for a maximum permitted duration of ninety
consecutive days per calendar year; and
the applicant for the portable sign shall pay the applicable fees, sign a letter
indicating that they will comply with these regulations, and agree to a date
that the portable sign will be removed.
Notwithstanding anything elsewhere contained in this By-law, the following
regulations shall apply to a temporary sign that provides information dealing with
a land development project:
the maximum sign surface area is 13.94 sq. m. (150.00 sq. ft.);
the sign shall comply with the yard regulations of the Zone within which it is
located;
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the sign shall be placed in such a way that it will not interfere with, obstruct
the view of, or be confused with an authorized traffic signal, warning sign or
other regulatory or informational device, and in no circumstances shall it be
located within 3.05 m. (10.00 ft.) from the nearest part of any exit or entrance
driveway;
the sign is only allowed to be placed at the location of the land development
project;
the sign shall be removed within thirty days of the last sale of any lots or
buildings or at the discretion of the Designated Officer; and
the applicant shall pay the applicable fees and sign a letter indicating that they
will comply with these regulations.
Notwithstanding anything elsewhere contained in this By-law, the following
regulations shall apply to other temporary signs:
the maximum sign surface area shall be 4.65 sq. m. (50.00 sq. ft.);
the sign shall comply with the yard regulations of the Zone within which it is
located;
the sign shall be placed in such a way that it will not interfere with an
authorized traffic signal, warning sign or other regulatory or informational
device, and in no circumstances shall it be located within 3.05 m. (10.00 ft.)
from the nearest part of any exit or entrance driveway;
the sign shall be removed within seven days after the date of the advertised
community event or at the discretion of the Designated Officer; and
the applicant shall pay the applicable fees and sign a letter indicating that they
will comply with these regulations.
Notwithstanding the above, general advertising signs shall be considered a
conditional use development and shall comply with the following regulations:
i)
The maximum sign surface area shall be 37.16 sq. m. (400.00 sq. ft.);
ii)
The maximum sign height shall be 10.67 m. (35.00 ft.)
iii) No general advertising sign shall be place in such a way that it will
interfere with an authorized traffic signal, warning sign or other
regulatory or informational device; and
iv) Council may impose additional conditions on the installation of a
general advertising sign deemed necessary to protect adjacent sites
and the public welfare.
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34.0
Performance Standards for Industrial Use Class Developments
34.1
Applicability
All Industrial Use Class developments shall comply with the performance standards of this
Section of the By-law and other requirements in applicable Federal, Provincial or
Municipal legislation. Where in the opinion of the Designated Officer, a use may not
comply with the said performance standards or requirements, he/she may require that
the applicant submit a statement from a Certified Professional Engineer of Manitoba
confirming that the proposed use satisfies the said performance standards or
requirements.
34.2
Performance Standards
34.2.1 Emission of Air and Water Contaminants
No operations or activity shall emit air and water contaminants in excess of the
standards prescribed by the Province of Manitoba pursuant to The Environment Act
and the regulations pertaining thereto.
34.2.2 Noise
No activity or operation shall cause, or permit to be caused, a noise level at or inside
the lot line of a site in the RS-1 and RS-2: Residential Single Family, RM: Residential
Multiple Family, RC: Residential Comprehensive, RSC: Rural Settlement Centre, RR:
Rural Residential, MHR: Mobile Home Residential and the CM1: Community Mixed
Use 1 Zones which exceeds the regulation of the Province of Manitoba pursuant to
The Environment Act and regulations pertaining thereto, or the RM of Rockwood
Noise By-law, as amended. (BL 14/24)
Any use or activity in the MG: Industrial General Zone, MEH: Industrial Extractive
Holding Area and ME: Industrial Extractive Zone shall comply with the following
appearance standards:
All outdoor service, assembly, trash collection and storage areas including the
trucking yards associated with such activities shall be located to the rear or
sides of the principal building. Loading and trash collection facilities serving
office, warehouse and similar developments, where the handling or assembly
of goods is carried on within a building, shall be allowed to the rear, sides or
front of the principal building.
Outside display areas are permitted to the side or front of the principal
building, provided that such displays are limited to examples of equipment or
material related to the industry or business located on the site.
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35.0
General Performance Standards for Residential and Commercial Uses
35.1
General Performance Standards for Residential Uses
Residential uses shall comply with the following standards:
In any development, the design, use of exterior finishing materials and construction
shall be to the satisfaction of the Designated Officer or Council who shall require,
as far as reasonably practicable, that materials will be used which ensure that the
standard of the buildings will be similar to, or better than, the standard of
surrounding development. The Designated Officer or Council may require that the
appearance of walls exposed to public view from beyond the site be improved
where the appearance of such walls is inconsistent with the finishing standards of
surrounding development.
35.2
General Performance Standards for Commercial Uses
Commercial uses shall comply with the following standards:
All commercial developments:
shall be designed to:
i)
convey an image of cohesive appearance and architectural character;
ii)
ensure that offices, reception and public use areas are easily
identifiable and visible from the public roadway; and
shall be constructed and finished with durable materials to maintain the initial
appearance of the development throughout the life of the project.
The Designated Officer or Council may require that the appearance of walls
exposed to public view from beyond the site of a commercial development be
combined with other materials where, in his or Council's opinion, such walls are
inconsistent with the finishing materials or appearance characteristics of
surrounding developments.
The location of the principal building on a site of a commercial development shall
take into account:
the setbacks and building placements on adjacent sites; and
the micro-climatic effects including shading of adjacent buildings or sites.
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Garbage collection, loading, storage or outdoor service areas for commercial
developments shall be developed in accordance with the following:
All outdoor storage shall be related to the business on the site.
There shall be no outdoor storage of objects or chattels which, in the opinion
of the Designated Officer or Council, are unsightly or adversely affect the
character or appearance of the site or surrounding developments.
36.0
Development Restricted
36.1
Noxious or Offensive Uses
Nothing in this By-law, or in a development permit, approval or a conditional use
order, variation order or other approval issued under this By-law or under the Act,
shall be construed as authorization for the carrying out of any activity that is a
nuisance.
36.2
Flood Risk Areas and Hazard Lands
Notwithstanding any other provision of this By-law, the Designated Officer may:
Refuse to issue a building and/or development permit where the proposed
building or structure, as determined by Council, is located within the floodway
of a river, stream, drain, watercourse, or is low-lying, marshy, or subject to
periodic flooding and where Council has determined that placement of said
structure would impede the flow of water or floodwaters and/or create a
hazard to life, limb or property; or
Where Council has determined that the specific hazard has not been defined
or where the proposed building or structure is to be located within the
floodway fringe of a river, stream, drain or watercourse, or is otherwise
subject to periodic flooding or runoff, permit such lands to be developed
provided that:
i)
permanent structures shall be setback from all water courses a
distance of a least 10 times the height of the bank above a channel
grade or 59.74 m. (196.00 ft.), whichever is greater.
ii)
permanent structures shall be protected from flooding by raising the
building site and access to the flood protection level which is 0.67 m.
(2.00 ft.) above the flood level. The level of the surrounding fill at the
building line shall not be less than the flood protection level, and shall
not slope more than 15.24 cm. (6.00 in.) for a horizontal distance of
4.57 m. (15.00 ft.) from the building line and not more than 0.35 m.
(1.00 ft.) vertically to 1.22 m. (4.00 ft.) horizontally thereafter.
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iii) the elevation of the main floor shall be a minimum of 0.35 m (1.0 ft.)
above the flood protection level.
iv) basements, if constructed, shall:
-
have the elevation of the basement floor not lower than the
flood protection level by: 0.67 m. (2.00 ft.) if the fill material is
pervious such as sand; or 1.68 m. (5.50 ft.) if the fill material is
impervious such as clay.
-
not contain habitable space.
-
not be used for storage or immovable materials or hazardous
materials that are buoyant, flammable, explosive or toxic.
-
not contain any electrical circuit breaker panels.
-
be provided with a sump pit.
-
have back-up values in the sewer pipes or pipes leading to a
holding tank or disposal field.
Notwithstanding any other provision of this By-law, the Designated Officer may:
Refuse a building and/or development permit where Council has determined
that the proposed building or structure is to be located on lands 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; or
Require that the proposed building or structure be constructed and located
in such a manner as to negate the effects of the hazard.
The Designated Officer 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 determination with respect to subsections 1) and 2) above.
Council may, prior to the issuance of a development permit, consult with Provincial
Government officials.
36.3
Outdoor Solid Fuel Heating System Buildings or Structures
An outdoor solid fuel heating system building or structure shall comply with the following
regulations:
No person shall install an outdoor solid fuel heating system building or structure
without first obtaining a development permit from the Designated Officer and no
development permit to install an outdoor solid fuel heating system building or
structure shall be issued unless all the regulations of this By-law have been satisfied.
No outdoor solid fuel heating system building or structure shall be located in Stony
Mountain, Balmoral, Gunton, Gross Isle or any RSC: Rural Settlement Centre Zone
or within 1.00 km. (0.62 mile) of the boundaries thereof.
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Outdoor solid fuel heating system buildings or structures are considered accessory
uses and shall be developed in accordance with Section 25.0 of this By-law.
Notwithstanding Section 36.3(3) of this By-law, an outdoor solid fuel heating
system building or structure shall be located:
Behind the rear wall of the principal building on the site.
At least 15.24 m. (50.00 ft.) clear of all projections from the principal building
or other accessory buildings or structures on the site.
At least 15.24 m. (50.00 ft.) from any lot line.
The outdoor solid fuel heating system building or structure shall be developed in
accordance with CSA building regulations, applicable Provincial building code
regulations and the National Building Code.
Notwithstanding Section 27.0 of this By-law, the minimum height of any chimney
that is part of a solid fuel heating system building or structure shall be 3.35 m.
(11.00 ft.).
The minimum separation space between an outdoor solid fuel heating system
appliance and the walls and ceiling of any building or structure within which it is
located shall be 1.52 m. (5.00 ft.).
36.4
Dwelling Setbacks
No dwelling unit shall be located within 402.34 m. (1,320.00 ft.) of the boundary of
any active, closed, or abandoned waste disposal ground unless:
a Certified Professional Engineer of Manitoba determines that there will be
no migration of methane gas; and
approval has been obtained from Manitoba Conservation.
No dwelling unit shall be located within 457.20 m. (1,500.00 ft.) of the boundary of
a Municipal sewage lagoon.
No dwelling unit shall be located within 15.24 m. (50.00 ft.) from the edge of a right-
of-way established for the transmission of high-pressure natural gas or the
transmission of hydro electricity in excess of 100 kilovolts.
No dwelling unit shall be located within 30.48 m. (100.00 ft.) from the edge of a
railway right-of-way.
No dwelling unit or farm building shall be located within an area that has been
designated as a high or medium quality aggregate area by the Manitoba Mines
Branch, unless the site has been reviewed by that Branch and a recommendation
provided that would allow development to proceed.
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GENERAL
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No dwelling unit shall be located within 500.00 m. (1,640.42 ft.) of any active
Aggregate Extraction Operation.
Any development proposal to establish a dwelling unit, farm building or structure
that exceeds a height of 30.48 m. (100.00 ft.), or to establish a shelterbelt or similar
obstruction within the flight approaches of an Aircraft Landing Field for a distance
of 1.61 km. (1.00 mile), shall be deemed to be a conditional use.
Buildings, structures and hedges adjacent to Provincial Highways, Provincial Roads
and Provincial Access Roads shall be setback in accordance with The Transportation
Infrastructure Act.
36.5
Corner Vision Triangles
No building, structure, parking area, shelterbelt, hedge or stockpiling of materials
exceeding a height of 0.91 m. (3.00 ft.) above grade shall be located within a
triangular area of any lot adjacent to an intersection of two public streets, with the
sides of the triangular area being measured a distance of 3.05 m. (10.00 ft.) along
each lot line from the point of intersection.
36.6
Side Yard Exceptions
For the purpose of side yard regulations, the following dwellings that have common
party walls shall be considered as one building occupying one lot: Two Family
Dwellings, Semi-Detached Dwellings, Townhouse Dwellings and Multiple Family
Dwellings. Side yard regulations shall not apply along the common party walls.
36.7
Hazardous Materials Storage
No commercial-related or industrial-related Bulk Storage Facility, Agricultural Crop
Protection Warehouse or Agricultural Product Storage shall be located within:
804.65 m. (2,640.00 ft.) of Stony Mountain, Balmoral, Gunton, Gross Isle or
the RSC: Rural Settlement Centre and RR: Rural Residential Zones;
304.80 m. (1,000.00 ft.) of a building used for human occupancy; and
100.00 m. (328.08 ft.) from the edge of the rights-of-way of Provincial Trunk
Highways, Provincial Roads and Provincial Access Roads.
36.8
Building Grade
No building or structure shall be erected without first obtaining from the
Designated Officer written instructions as to the grade for the building or structures
to be erected, which shall be in accordance with the RM of Rockwood Lot Grade By-
law. It shall be the continuing obligation of the property owner to maintain building
grades for adequate site drainage and to ensure that the level of the surrounding
fill at the building line shall not be less that the flood protection level.
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36.9
Composting
The composting of private household material is permitted within all Zones. For
the composting of any other material, Council may require a detailed engineering
study from the applicant certifying that the proposed composting operation meets
or exceeds all applicable Provincial regulations.
36.10 Land Drainage
Municipal approval shall be required for any drainage works undertaken on any
lands, where it is proposed to alter or divert the natural course of a watercourse.
Notwithstanding any other regulation of this By-law, the Designated Officer or
Council may refuse a permit for, or prohibit, any drainage works to be undertaken
on lands where it has been determined that such works would create an adverse
effect on adjacent public or private lands or where adjacent drains are insufficient
to accommodate the added runoff.
In addition to 1) and 2), a Provincial license may be required for more significant
drainage works.
36.11 Rail Cars, Semi-Trailers or Similar Such Containers
Rail cars or semi-trailers, of similar such containers as determined by the
Designated Officer shall comply with the following regulations:
If used for less than 90 days:
Shall be classified as a Temporary Use.
Shall be located to the rear of the principal building.
Shall comply with Section 25.0 of this By-law.
If used for more than 90 days:
Shall be classified as an Accessory Use.
Shall be located to the rear of the principal building.
Shall be placed on a secure and level foundation as determined by the
Designated Officer.
Shall be painted to match the colour of the principal building with no business
identification signs as determined by the Designated Officer.
For sites less than 1.0 ha. (2.27 ac.) there shall be no more than 2 rail cars or
semi-trailers, or similar such containers; for sites between 1.0 ha. (2.27 ac.)
and 2.0 ha. (4.94 ac.) there shall be no more than 4 rail cars or semi-trailers,
or similar containers; and sites greater than 2.0 ha (4.94 ac.) there shall be no
more than 6 rail cars or semi-trailers, or similar such containers.
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Shall not stack the containers on top of other containers.
Shall comply with Section 25.0 of this By-law.
Shall only be allowed in the CH: Commercial Highway; MB: Industrial Business;
MG: Industrial General; AL: Agricultural Limited; AL-1: Agricultural Limited
Stonewall Vicinity; and AG: Agricultural General Zones.
36.12 Canvas Buildings
Canvas buildings or buildings with similar material as determined by the Designated
Officer are allowed in any Zone and shall comply with regulations of this By-law set-
out in Section 25: Accessory Use, Buildings and Structures as well as each Zone Site
Regulations for Accessory Uses, Buildings and Structures.
37.0
Streets
No building or structure shall be erected upon any land designated for a future road
allowance by Council. Any development adjacent to said future road allowance
shall comply with the regulations of the By-law as if the said future road allowance
was already in existence.
38.0
Connecting to Municipal Services
All principal buildings requiring sewer and/or water services located on a site that
is serviced by a municipal sewer and/or water system shall be connected to such
system and comply with municipal specifications.
SPECIAL LAND USE REGULATIONS
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ZONING BY-LAW NO. 20/19
39.0
Applicability
The Special Land Use Regulations apply to the uses listed irrespective of the Zone
in which they are located. Where these regulations appear to be in conflict with
the Zone regulations in which the use is either a permitted use or conditional use,
the Special Land Use Regulations shall take precedence and shall be applied in
addition to the regulations in the Zone.
40.0
Vehicular - Oriented Uses
40.1
Applicability
The following Commercial Use Class developments shall comply with the
regulations of this Section of the By-law:
Drive-In Food Services;
Gas Bars;
Service Stations;
Rapid Drive-Through Vehicle Services; and
Automated Teller Machines.
40.2
Development Regulations
Vehicular-oriented uses shall be located only where the Designated Officer or
Council is satisfied that the development will not adversely affect the functioning
of the surrounding public roadway.
The minimum frontage shall be 30.48 m. (100.00 ft.).
Service Stations and Rapid Drive-Through Vehicle Services shall have a minimum
site depth of 30.48 m. (100.00 ft.).
Stacking space shall be provided as follows:
For Drive-In Food Services and other Commercial Use Class developments
having a drive-up service window, a minimum of six in-bound stacking spaces
shall be provided for vehicles approaching the drive-up service window. One
out-bound stacking space shall be provided on the exit side of each service
position and this space shall be located so as not to interfere with service to
the next vehicle.
For Rapid Drive-Through Vehicle Services, a minimum of five in-bound and
three out-bound stacking spaces shall be provided for each service bay,
except that in the case of a complete service car wash a minimum of twenty
in-bound and five out-bound stacking spaces shall be provided.
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For Automated Teller Machines, a minimum of three in bound stacking spaces
shall be provided measured from the teller window or automated teller
machine.
All stacking spaces shall be a minimum of 5.49 m. (18.00 ft.) long and 3.05 m.
(10.00 ft.) wide. Stacking lanes shall provide sufficient space for turning and
manoeuvring.
All stacking spaces shall be located so as not to block or interfere with the
smooth flow of traffic to and from required off-street parking spaces or the
driving aisles providing access to those spaces, or any adjacent street or lane
through an approved access point.
Gas Bars and Service Stations shall comply with the following additional regulations:
All pump islands and underground storage tanks shall be located at least 6.10
m. (20.00 ft.) from any boundary of the site, parking area on the site, or
laneways intended to control traffic circulation on the site.
Refuelling areas are not permitted in a required parking area.
A canopy over a pump island may extend to within 3.05 m. (10.00 ft.) of the
boundary of the site. The canopy area shall not constitute part of the site
coverage for the purpose of this Section of the By-law.
41.0
Home Industries
A Home Industry shall comply with the following regulations:
The Home Industry shall be in contravention of this Zoning By-law unless it conforms
to the Municipal Licensing By-law and amendments thereto. (Deleted 41.1 - BL 2/23)
The Home Industry shall operate as a secondary use and be carried out in a building
that is accessory to a dwelling unit and does not exceed a floor area of 232.25 sq.
m. (2,500.00 sq. ft.).
The employment of up to five family and non-family members is allowed as part of
the Home Industry.
The selling of goods or services related to the Home Industry is allowed.
The character and scale of the Home Industry shall not create offensive or
objectionable impacts on any adjoining sites.
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Outside storage of goods and materials is allowed as part of the Home Industry,
subject to the following:
the storage shall be located to the rear of a line adjacent to and parallel with
the front wall of the building;
the storage area shall be fenced or screened from public view to the
satisfaction of Council; and
the storage shall not project above the height of the fence or screening.
Notwithstanding Section 33.0 of this By-law, the Home Industry may have one
identification sign with a maximum area of 1.49 sq. m. (16.00 sq. ft.), indicating the
name of the occupant and/or Home Industry of the occupant provided the sign is
attached to and parallel with the wall of the principal or accessory building.
There shall be no mechanical or electrical equipment used which creates noise, or
visible and audible interference in radio or television reception in adjacent dwelling
units.
The Home Industry shall not be permitted if, in the opinion of the Designated
Officer, such use would be more appropriately located in another Zone having
regard for, among other matters, potential traffic generation and potential
interference with the character of the area.
The Home Industry shall comply with all environmental and public health standards
of the Province of Manitoba. If Council determines that a proposed Home Industry
may conflict with these standards, the application shall be referred to the
appropriate Provincial department(s) prior to issuing a development permit.
In addition to the information regulations of Section 12.0 of this By-law, each
application for a development permit for a proposed Home Industry shall include a
description of the use to be undertaken at the premises and an indication of where
any materials, equipment or vehicles associated with the use are to be stored.
A permit for a Home Industry is not transferable to a new homeowner.
All Home Industries must be operated in accordance with all plans and documents
approved as part of the application.
42.0
Home Occupations
A Home Occupation shall comply with the following regulations:
The Home Occupation shall be in contravention of this Zoning By-law unless it
conforms to the Municipal Licensing By-law and amendments thereto.
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The Home Occupation shall not include social escort services, automotive service
uses and tow-truck operations.
Any work or activity conducted on the premises in connection with the home
occupation shall be carried on entirely within the residential dwelling unit or
entirely within a building accessory to that dwelling unit.
The Home Occupation shall not generate pedestrian or vehicular traffic, or parking,
in excess of that which is characteristic of the Zone in which it is located.
The home occupation shall be conducted solely by one or more of the residents
living in the residential dwelling unit on the premises without the employment of
any other person.
Notwithstanding Section 33.0 of this By-law, the Home Occupation may have one
identification sign not exceeding 0.56 sq. m. (6.00 sq. ft.) in area within Urban
Centres and Rural Settlement Centres and 1.49 sq. m. (16.00 sq. ft.) in other areas,
indicating the name of the occupant and/or Home Occupation of the occupant
provided the sign is attached to and parallel with the wall of the principal or
accessory building.
There shall be no mechanical or electrical equipment used which creates noise, or
visible and audible interference in radio or television reception in adjacent dwelling
units.
The Home Occupation shall be operated as a secondary use only, and shall not
change the principal character or external appearance of the dwelling unit involved.
Indoor storage related to the business activity shall be allowed in either the
dwelling or accessory building
A Home Occupation within a dwelling unit or accessory building shall not exceed a
maximum floor area of 27.87 sq. m. (300.00 sq. ft.) or twenty percent (20%) of the
floor area, whichever is lesser.
The Home Occupation shall not be permitted if, in the opinion of the Designated
Officer, such use would be more appropriately located in another Zone having
regard for, among other matters, potential traffic generation and potential
interference with the residential character of the area.
In addition to the information regulations of Section 12.0 of this By-law, each
application for a development permit for a proposed Home Occupation shall
include a description of the office use to be undertaken at the premises and an
indication of where any materials, equipment or vehicles associated with the office
use are to be stored.
A permit for a Home Occupation is not transferable to a new homeowner.
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In the case of retail sales, the home occupation offers commodities for sale which
are limited to those produced or repaired on the premises.
In the case of rental premises, the home occupation applicant will be required to
obtain the permission of the owner of the premises before a home occupation
permit under this Section can be issued by the Designated Officer.
Home Occupations shall be limited to those uses which do not interfere with the
rights of other residents to quiet enjoyment of their neighbourhood.
There shall be no outdoor business activity, or storage of material or equipment
associated with the Home Occupation.
All Home Occupations must be operated in accordance with all plans and
documents approved as part of the application.
43.0
Bed and Breakfast Homes (BL 14/24)
A Bed and Breakfast Home shall comply with the following regulations:
There shall be no exterior display or advertisement larger than 0.56 sq. m. (6.00 sq.
ft.) in area within Urban Centres and Rural Settlement Centres and 1.49 sq. m.
(16.00 sq. ft.) in other areas, provided that no sign shall be illuminated and any sign
must be compatible with the residential character of the area.
The Bed and Breakfast Home shall not generate vehicular traffic or parking that is
in excess of what is normally characteristic of the area.
The Bed and Breakfast Home shall be operated by a live-in owner as a secondary
use only and shall not change the principal residential character or external
appearance of the dwelling unit.
The Bed and Breakfast Home shall have a maximum of:
three bedrooms or bedroom suites in the RS-1 or RS-2: Residential Single
Family, RM: Residential Multiple Family, RSC: Rural Settlement Centre and the
CM1: Community Mixed Use 1 Zones; and
six bedrooms or bedroom suites in the RR: Rural Residential, CR: Commercial
Recreation, LCR: Limited Commercial-Residential, AL: Agriculture Limited and
AG: Agriculture General Zones.
Meals shall be limited to the owner-occupants of the Bed and Breakfast Home and
resident guests therein with no cooking facilities allowed in the bedrooms or
bedroom suites.
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In addition to the parking regulations for the primary use, one additional on-site
parking space shall be provided for each bedroom or bedroom suite.
Approved smoke alarms shall be required:
in every bedroom or bedroom suite; and
in the common corridor of every storey or floor level, even if no bedroom or
bedroom suite is provided on that storey or floor level.
The smoke alarms are to be electrically hard wired to each other in cases
where major renovations are to take place.
An approved 2.20 kg. (4.85 lb.) multi-purpose portable fire extinguisher shall be
visibly mounted near the kitchen exit door, preferably the door leading directly
outdoors.
All Bed and Breakfast Home must be operated in accordance with all plans and
documents approved as part of the application.
44.0
Planned Unit Developments
A Planned Unit Development shall comply with the following regulations:
Specific regulations in a Zone shall not directly apply to Planned Unit Developments.
However, the project shall produce an environment of stable and desirable
character and shall incorporate at least equivalent standards of building separation,
parking, height and other regulations of this By-law.
An application for a Planned Unit Development shall include normal development
permit regulations as well as an impact study that outlines the following
information:
economic, social and environmental benefits to the community;
the effect on the general character of the area and adjacent areas;
the effect on the general environment including, but not necessarily limited
to, drainage, groundwater and erosion;
the effect on Municipal services and the street system; and
such additional information as required by Council.
The minimum site area for a Planned Unit Development shall be 4.05 ha. (10.00
acres).
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The density of development shall not be increased from the normal density per
gross hectare (acre) permitted in the Zone in which the proposed Planned Unit
Development is located. Within the RS-1 zone, the normal density would be limited
to 4 lots per gross acre and within the RS-2 zone, the normal density would be 2.5
lots per gross acre.
Planned Unit Developments shall be regulated through a site plan agreement or
development agreement which is caveated against the title at the Land Titles office.
An overall landscaping plan shall be prepared.
Any public park areas shall be dedicated by the Municipality.
45.0
Private and Semi-Private Swimming Pools and Hot Tubs
A Private and Semi-Private Swimming Pool and Hot Tub shall comply with the
following regulations:
They shall meet Provincial regulations.
They shall be considered as being accessory to a permitted use and shall be
developed in accordance with Section 25.0 of this By-law.
46.0
Car Brokers
A Car Broker shall comply with the following regulations:
The Car Broker operation shall be operated as a secondary use only on the site, and
shall not change the principal character or external appearance of the dwelling unit
involved.
The Car Broker operation shall be limited to the purchase and sale of used
passenger and light truck vehicles only.
Except as hereinafter provided, the passenger and light truck vehicles that are for
sale shall be parked or stored at the rear of the dwelling unit on the site so as to be
entirely screened from public view.
Notwithstanding Section 46.0(3) of this By-law, a maximum of one passenger and
light truck vehicle may be put on display for sale in the front yard of the site on
which a Car Broker operation is located at any one time.
Notwithstanding Section 46.0(4) of this By-law, on the site on which a Car Broker
operation is located there shall be no passenger and light truck vehicles put on
display for sale within any Municipal road right-of-way.
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Notwithstanding Section 46.0(4) of this By-law, if the Car Broker operation is
adjacent to a Provincial Trunk Highway, Provincial Road, or Provincial Access Road,
the passenger and light truck vehicles put on display for sale thereon shall be
setback in accordance with The Transportation Infrastructure Act.
The site on which a Car Broker operation is located shall be kept in a tidy,
well-maintained manner to the satisfaction of the Designated Officer.
A storage area having six or more passenger and light truck vehicles that are visible
from a roadway or an abutting site in the RS-1 and RS-2 Residential Single Family,
RM: Residential Multiple Family, RC: Residential Comprehensive, RSC: Rural
Settlement Centre and CM1: Community Mixed Use 1 Zones shall be fenced and/or
have a screen planting, to the satisfaction of the Designated Officer. (BL 14/24)
The Car Broker operation shall not generate pedestrian or vehicular traffic, or
parking, in excess of that which is characteristic of the Zone in which it is located.
The Car Broker operation shall be operated solely by the members of the family
residing at the same dwelling unit on the site where the Car Broker operation is
located without the employment of other persons.
Any exterior display or advertisement of the Car Broker operation shall:
not exceed 0.56 sq. m. (6.00 sq. ft.) in area;
not be illuminated; and
be compatible with the character of the area.
The dimensions of signage advertising the sale of passenger vehicles shall not
exceed 21.59 cm. (8.50 in.) by 27.94 cm. (11.00 in.).
The Car Broker operation shall have all outdoor lighting located and arranged on
the site so that no rays of light are directed at any adjacent sites.
The maximum number of passenger and light truck vehicles for sale at any one time
shall be limited to six vehicles.
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47.0
Temporary Mobile Home Dwellings
A Temporary Mobile Home Dwelling shall comply with the following regulations:
The Temporary Mobile Home Dwelling shall be installed on a site for use either:
by an elderly parent(s) or other family member(s) of the owner-occupier of
the on-site Single Family Dwelling requiring the care and assistance
therefrom; or
as temporary accommodation by a property owner during which time a
permanent Single Family Dwelling is being developed on the site; or
on a case-by-case basis, provided that it does not create incompatibilities with
adjacent land uses, as determined by Council.
The Temporary Mobile Home Dwelling shall be constructed in accordance with CSA
and applicable building code regulations.
The Temporary Mobile Home Dwelling shall comply with all site regulations
applicable to the Zone in which the Single Family Dwelling is located or is proposed
to be located and shall be inspected annually by the Designated Officer.
The Temporary Mobile Home Dwelling shall be removed by the property owner
upon the cessation of its approved occupancy by Council.
The installation of a Temporary Mobile Home Dwelling shall comply with the
regulations of any appropriate Federal, Provincial or Municipal legislation.
Council may impose additional conditions on the installation of a proposed
Temporary Mobile Home Dwelling deemed necessary to protect adjacent sites and
the public welfare.
48.0
Non-Commercial Farms
A Non-Commercial Farm shall comply with the following regulations:
The minimum site area for the Non-Commercial Farm shall be 1.68 ha. (4.00 acres).
The use of land or structures for the Non-Commercial Farm shall be limited to 1.33
Animal Units per 0.80 ha. (2.00 acres) of land.
The maximum size for the Non-Commercial Farm shall be less than 10.00 Animal
Units.
Farm buildings or structures shall be a minimum distance of 30.48 m. (100.00 ft.)
from any lot line.
The keeping of animals on a site:
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shall not be allowed in front of the dwelling unit in the RSC: Rural Settlement
Centre Zone and the RR: Rural Residential Zone; and
shall not interfere with the use and enjoyment of adjacent land uses.
For the purposes of this Section of the By-law, the calculation of Animal Units shall
be cumulative across the species as determined on the basis of Appendix D, or as
determined by the Province of Manitoba.
A Non-Commercial farm can only developed in conjunction with a Single Family
Dwelling.
49.0
Livestock Operations
The regulations of this Section of the By-law shall apply to Livestock Operations.
49.1
General
When reviewing permit applications for Livestock Operations, the Designated
Officer and Council shall consider:
the type and size of the operation and its location in relation to neighbouring
land uses;
the source of water supply and proposed consumption levels;
the proposed manure storage and disposal system;
the nature of the land base;
local resident concerns;
for livestock operations of a size of 300 A.U. or greater, the Technical Review
Committee report and recommendations;
the potential impacts generated by the operation on the Provincial highway
and Municipal road systems;
Provincial guidelines and regulations governing Livestock Operations; and
whether there is a need for a development agreement to be entered into
between the proponent and the RM of Rockwood dealing with such
conditions as the timing of construction of any proposed buildings or
structures; the control of traffic; and the construction and maintenance of
roads, fencing, landscaping, shelter belts, manure storage facility covers or
site drainage works by or at the expense of the proponent.
Where the proposed development is located within the vicinity of a Provincial
highway, a copy of the proposal shall also be sent to Manitoba Infrastructure for
review and comment.
49.2
Livestock Operations Producing Fewer Than 300 Animal Units
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49.2.1 General
All new or expanding Livestock Operations that produce fewer than 300 Animal
Units shall:
meet or exceed all applicable Provincial and Federal government
environmental and health regulations in force at the time of the permit
application;
obtain a development or building permit from the Planning Board prior to any
development activity taking place on the site;
meet or exceed any applicable site regulations;
have an adequate land base that is either owned or leased by the proponent
to carry out the proposed Livestock Operation; and
manure storage facilities and confined livestock areas must be designed, built
and operated in conformity with all relevant Provincial regulations.
49.2.2 Mutual Separation Regulations
Except for the dwelling unit of the operator of the Livestock Operation, mutual
separation distances shall be maintained between Livestock Operations and a
dwelling unit or designated residential or recreational area in accordance with
Table 49.2.2.1:
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TABLE 49.2.2.1
Mutual Separation Regulations
Animal Units
Minimum Distance
From Dwelling Unit
From Designated Residential or
Recreational Area
To Earthen Manure
Storage
Facility or Feedlot
To Animal
Housing Facility
and Non-Earthen
Manure Storage
Facility
To Earthen Manure
Storage
Facility or Feedlot
To Animal Housing
Facility and Non-
Earthen Manure
Storage Facility
10 to 100
200.00 m.
(654.00 ft.)
100.00 m.
(328.00 ft.)
800.00 m.
(2,625.00 ft.)
530.00 m.
(1,739.00 ft.)
101 to 200
300.00 m.
(984.00 ft.)
150.00 m.
(492.00 ft.)
1,200.00 m.
(3,937.00 ft.)
800.00 m.
(2,625.00 ft.)
201 to 299
400.00 m.
(1,312.00 ft.)
200.00 m.
(656.00 ft.)
1,600.00 m.
(5,249.00 ft.)
1,070.00 m.
(3,511.00 ft.)
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49.3
Livestock Operations Producing 300 or Greater Animal Units
49.3.1 Mutual Separation Regulations
1)
Except for the dwelling unit of the operator of the Livestock Operation,
mutual separation distances shall be maintained between Livestock
Operations and a dwelling unit or designated residential or recreational
area in accordance with Table 49.3.2.1:
TABLE 49.3.2.1
Mutual Separation Regulations
Animal Units
Minimum Distance
From Single Residence
From Designated Residential or
Recreational Area
To Earthen Manure
Storage
Facility or Feedlot
To Animal Housing
Facility and Non-
Earthen Manure
Storage Facility
To Earthen Manure
Storage
Facility or Feedlot
To Animal Housing
Facility and Non-
Earthen Manure
Storage Facility
300 to 399
450.00 m.
(1,476.00 ft.)
225.00 m.
(738.00 ft.)
1,800.00 m.
(5,906.00 ft.)
1,200.00 m.
(3,937.00 ft.)
400 to 800
500.00 m.
(1,640.00 ft.)
250.00 m.
(820.00 ft.)
2,000.00 m.
(6,561.00 ft.)
1,330.00 m.
(4,364.00 ft.)
801 to 1600
600.00 m.
(1,968.00 ft.)
300.00 m.
(984.00 ft.)
2,400.00 m.
(7,874.00 ft.)
1,600.00 m.
(5,249.00 ft.)
1601 to 3200
700.00 m.
(2,297.00 ft.)
350.00 m.
(1,148.00 ft.)
2,800.00 m.
(9,186.00 ft.)
1,870.00 m.
(6,135.00 ft.)
3201 to 6400
800.00 m.
(2,625.00 ft.)
400.00 m.
(1,312.00 ft.)
3,200.00 m.
(10,499.00 ft.)
2,130.00 m.
(6,988.00 ft.)
6401 to 12800
900.00 m.
(2,953.00 ft.)
450.00 m.
(1,476.00 ft.)
3,600.00 m.
(11,811.00 ft.)
2,400.00 m.
(7,874.00 ft.)
12800 plus
1,000.00 m.
(3,281.00 ft.)
500.00 m.
(1640.00 ft.)
4,000.00 m.
(13,123.00 ft.)
2,670.00 m.
(8760.00 ft.)
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49.4
Development Permit Applications
For Livestock Operations that produce 300 Animal Units or greater, in addition to
the standard development application submission regulations, the proponent for
any new or expanding Livestock Operation may be required to provide the
following information to the satisfaction of the Designated Officer and Council
a detailed description of the proposed operation;
the corporate identity and proof of property ownership;
a legal description of the land on which the proposed development is to occur,
by lot, block, subdivision and registered plan numbers;
the owner's (and applicant if different from owner) name, address, signature
and interest in the land;
a site plan showing the location of housing, storage and other facilities
relative to the boundaries of the site; and
servicing needs.
49.5
Manure Management Plans
Proponents, owners or operators of approved new or expanding Livestock
Operations involving the production of 300 Animal Units or more shall submit a
copy of the manure management plan to the RM of Rockwood Council upon
request.
49.6
Animal Units
For the purposes of this Section of the By-law, the calculation of Animal Units shall
be determined on the basis of Appendix D, or as determined by the Province of
Manitoba.
49.7
Conditional Use Hearing
Where a conditional use hearing is required, Council will not set a hearing date until
all of the development permit application information as specified in Section 49.4
of this By-law has been submitted by the applicant to the Designated Officer.
Prior to any hearing of an application for a conditional use permit to establish a
Livestock Operation in the AL: Agriculture Limited Zone or AG: Agriculture General
Zone, Council shall place a public notice in accordance with the Act.
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An application for a conditional use permit shall be processed and approved or
rejected in accordance with the Act. If warranted, Council may consider imposing
the following conditions:
measures to ensure conformity with the applicable provisions of the SIPD
Development Plan, the RM of Rockwood Zoning By-law and any secondary
plan by-law;
measures to implement recommendations made by the Technical Review
Committee;
requiring covers on manure storage facilities;
requiring shelter belts to be established;
requiring the owner of the affected property to enter into a development
agreement dealing with the affected property and any contiguous land
owned or leased by the owner, on one or more of the following matters;
i)
the timing of construction of any proposed building,
ii)
the control of traffic,
iii) the construction or maintenance - at the owner's expense or partly at
the owner's expense - of roads, traffic control devices, fencing,
landscaping, shelter belts or site drainage works required to service the
livestock operation, and,
iv) the payment of a sum of money to the RM of Rockwood to be used to
construct anything mentioned in subclause iii).
50.0
Anhydrous Ammonia Facilities
An Anhydrous Ammonia Facility shall comply with the following regulations:
It shall be located at least:
1,524.00 m. (5,000.00 ft.) from Stony Mountain, Balmoral, Gunton, Gross Isle
or any RSC: Rural Settlement Zones;
792.48 m. (2,600.00 ft.) from any Residential, Residential-Related, Basic
Service and Community, Educational, Recreational and Cultural Service Use
Class developments located outside Stony Mountain, Balmoral, Gunton,
Gross Isle or any RSC: Rural Settlement Centre Zones; and
100.00 m. (328.08 ft.) from the edge of the rights-of-way of a Provincial Trunk
Highway or Provincial Road.
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51.0
Small Animal Breeding and Boarding Establishment
A Small Animal Breeding and Boarding Establishment shall comply with the following
regulations:
They shall comply with all applicable Provincial and Municipal animal control and
licensing By-laws.
The Small Animal Breeding and Boarding Establishment shall be carried out by an
occupant of the dwelling unit.
One assistant, who is not a resident of the dwelling unit of the Small Animal
Breeding and Boarding Establishment, may operate in and from the said dwelling
unit.
If located within a Residential Use Class development, the Small Animal Breeding
and Boarding Establishment shall be operated as a secondary use only, and shall
not change the principal character or external appearance of the dwelling unit
involved.
There shall be no retail sale of goods from within the dwelling unit of a Small Animal
Breeding and Boarding Establishment.
The Small Animal Breeding and Boarding Establishment shall not create or become
a nuisance by the way of noise, fumes, dust, odour, traffic or otherwise interfere
with the use and enjoyment of adjacent land uses.
52.0
Aggregate Extraction Operations
52.1
Development Permit Applications
In addition to the standard development application submission regulations, an
applicant proposing to establish an Aggregate Extraction Operation or the
expansion of an existing Aggregate Extraction Operation shall also submit the
following information:
In the case of Crown quarry minerals, proof of issuance of a Provincial Lease
or Casual Permit under Manitoba Regulation 65/92 (Quarry Minerals
Regulation, 1992) or a current copy of the certificate of title, searched and
stamp dated not more than 30 days prior to the date of application;
Key Map showing the subject property and surrounding lands;
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Site Plan showing: the boundary of the subject property; identification of the
area to be excavated and staging of the excavation; the location and use of
existing and proposed buildings and structures on-site, and the location of
existing buildings and structures on adjacent lands within 152.40 m. (500.00
ft.) of the site boundaries; the location of existing and proposed areas for
separate stockpiling of topsoil, overburden stripping and aggregate; the
location, width, height and description of existing and proposed landscaped
buffers or berming: and existing and proposed entrances and exits, on-site
roads and parking and loading areas;
Transportation Plan showing: the location of existing and proposed truck
entrances and exits; the location of existing and proposed parking and loading
areas; the proposed hauling route plan; and any additional information as
requested by the Designated Officer pertaining to matters such as traffic
volumes and on-going road maintenance projections;
Water Management Plan showing: surface water diversion, groundwater
withdrawal, and storage and drainage plans; and an impact assessment of
potential effects on water wells, springs, groundwater, surface watercourse
and bodies, wetlands, woodlands, and fish and wildlife habitat, if required by
the provincial or federal department(s) responsible for water protection, fish
habitat and wildlife habitat;
Operational Plan specifying: security; proposed hours of operation; proposed
blasting procedure; anticipated noise, dust and vibration levels, means to
control noise, dust and vibration; and insurance coverage; and
Rehabilitation Plan highlighting: plans showing intended staging for
progressive rehabilitation; and how the rehabilitation plan is in compliance
with the provincial pit and quarry rehabilitation program standards and any
standards established by the RM of Rockwood.
52.2
Rockwood Quarry Area
Establishment of a new Aggregate Extraction Operation within the Rockwood
Quarry Area as determined by the Designated Officer that is not zoned "ME"
Industrial Extractive Zone shall require a zoning amendment to "ME" Industrial
Extractive Zone prior to issuance of a development permit.
Concrete or asphalt batching plants to be located within the Rockwood Quarry Area
as determined by the Designated Officer shall require a zoning amendment to "ME"
Industrial Extractive Zone prior to obtaining conditional use approval and issuance
of a development permit.
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52.3
Agricultural Zones
Expansion of an existing Aggregate Extraction Operation into areas not included in
an existing conditional use approval or establishment of new Aggregate Extraction
Operation in the "AL": Agricultural Limited or "AG": Agricultural General Zones,
outside of the Rockwood Quarry Area as determined by the Designated Officer,
shall require conditional use approval prior to issuance of a development permit.
Concrete or asphalt batching plants to be located in the "AL": Agricultural Limited
or "AG": Agricultural General Zones, outside of the Rockwood Quarry Area as
determined by the Designated Officer, shall require conditional use approval prior
to issuance of a development permit.
52.4
Review
Prior to the issuance of a development permit, the Municipality shall, where
applicable, require proof of compliance with provincial regulations and legislation.
52.5
Conditions of Approval for Aggregate Extraction Operations
The owner/operator of a new or expanding Aggregate Extraction Operation shall
be required to enter into a development agreement with the Municipality prior to
issuance of a development permit.
The development agreement shall be registered as a caveat against the title in the
Land Titles Office, and shall cover the following:
Bond of Indemnity or Letter of Credit
The Aggregate Extraction Operation owner/operator shall be required to
deposit a Bond of Indemnity or Letter of Credit in the sum as established by
municipal by-law, in the form and from an institution approved by the
Municipality. The aforementioned shall be provided to the Municipality prior
to commencement of any quarrying operations.
If part of said Bond of Indemnity or Letter of Credit has been used by the
Municipality due to the Aggregate Extraction Operation owner/operator
being in default, then the Aggregate Extraction Operation owner/operator
shall deposit such further sums as may be required to maintain the minimum
deposit as established by municipal by-law.
If for any reason the Bond of Indemnity or Letter of Credit is permitted to
lapse or is reneged, then the Aggregate Extraction Operation
owner/operator must immediately cease quarrying operations until such
time as a new Bond of Indemnity or Letter of Credit has been placed with the
Municipality. The Bond of Indemnity or Letter of Credit shall be retained in
effect until such time as the Aggregate Extraction Operation owner/operator
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has completed all obligations pursuant to the development agreement,
including the rehabilitation of the planned area.
Indemnity:
The Aggregate Extraction Operation owner/operator shall indemnify and
save harmless the Municipality from any claims, damages, costs or the like
which the Municipality may be held liable for by virtue of the Aggregate
Extraction Operation owner/operator carrying on quarrying operations in
the development area.
Further, the parties agree that, if for any reason whatsoever, the
development area is flooded by water, the Aggregate Extraction Operation
owner/operator shall release the Municipality from any liability whatsoever
concerning any damage the Aggregate Extraction Operation owner/operator
may have suffered as a result of such property being flooded.
Insurance:
The Aggregate Extraction Operation owner/operator shall obtain a Policy of
Public Liability and Property Damage Insurance in the minimum amount per
occurrence as established by municipal by-law, such insurance shall be in the
form and with a company approved by the Municipality. A certified copy of
such policy must be provided to the Municipality and approved by the
Municipality prior to the commencement of development.
The Aggregate Extraction Operation owner/operator must, within thirty (30)
days prior to its Policy of Insurance expiring, provide the Municipality with
such evidence as may be required by the Municipality evidencing renewal of
said Policy of Insurance and said Policy of Insurance must be carried in full
effect at all times development is being conducted upon the development
area.
Construction Completion Certificate:
Upon completion of all services and development works, and the
performance of obligations required by the development agreement, the
Aggregate Extraction Operation owner/operator shall request inspection of
services and development works by the Municipality to ensure compliance
with the terms of the development agreement. Upon satisfactory
completion, the Municipality shall issue a Construction Completion
Certificate. The Aggregate Extraction Operation owner/operator shall be
responsible for the maintenance of said services and development works in
a condition satisfactory to the Municipality.
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Legal and Related Costs:
It shall be the responsibility of the Aggregate Extraction Operation
owner/operator to pay to the Municipality all legal fees and disbursements
on a solicitor and client basis incurred by the Municipality in connection with
the preparation, carrying out and enforcement of the development
agreement.
If the Aggregate Extraction Operation owner/operator is in default of a
specified section within the development agreement, then the Aggregate
Extraction Operation owner/operator shall be liable to a voluntary fine as
established by municipal by-law.
Licences:
It shall be Aggregate Extraction Operation owner/operator's responsibility to
ensure that development and operation within the development area is in
compliance with the applicable municipal, provincial and federal laws and
regulations.
It shall be the Aggregate Extraction Operation owner/operator's
responsibility to obtain all necessary licences, including the necessary
Aggregate Transportation Licence and Aggregate Mining Licence.
Fees:
The Aggregate Extraction Operation owner/operator shall pay the Aggregate
Mining Fees, Aggregate Transporting Fees and Quarrying fees as established
by municipal by-law.
The Aggregate Extraction Operation owner/operator shall pay to the
Municipality interest on any funds owed to the Municipality pursuant to the
development agreement or pursuant to any applicable by-law of the
Municipality including, but not limited to, the Municipality's Aggregate By-
law, at a rate of interest determined by the Municipality and specified in the
development agreement.
Operation:
The Aggregate Extraction Operation owner/operator shall submit an
Operations Plan on a yearly basis for review and acceptance by the
Municipality, and shall comply with the following:
i)
Blasting
The Aggregate Extraction Operation operator shall notify the
Municipality of any intent to blast a minimum of 24 hours before
blasting. A designated employee of the Municipality shall be permitted
to enter the property and monitor the blasting. Blasting that exceeds
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the maximum level of vibration limits as established by provincial
regulation or any Environmental Act License shall result in a fine being
levied against the Aggregate Extraction Operation operator in an
amount established by municipal by-law.
Blasting shall only occur in the planned area from Monday to Friday
between the hours of 9:00 a.m. to 4:00 p.m. Notwithstanding the
aforementioned:
-
there shall be no blasting on statutory holidays; and
-
emergency blasting may take place, subject to proper approvals
under The Mines and Mineral Act.
ii)
Hours of Operation
Aggregate extraction operations shall only operate from Monday to
Friday between the hours of 6:00 a.m. to 10:00 p.m. and Saturday from
6:00 a.m. to 12:00 p.m. for crushing, loading and hauling and from 12:00
p.m. to 6:00 p.m. for loading and hauling.
iii) Statutory Holidays:
Notwithstanding the aforementioned, there shall be no Aggregate
Extraction Operation permitted on statutory holidays, with the
exception of July 1st where Aggregate Extraction Operation
owner/operator can apply to the Municipality for a special one day
permit to accommodate unique circumstances as determined by the
Municipality.
iv) Haul Roads
The Natural Resource owner/operator shall only use roads designated
by the Municipality and at no time shall it use any other roads other than
those designated by the Municipality. The Natural Resource
owner/operator shall also take all reasonable efforts to ensure that any
independent contractor(s) hauling from any Aggregate Extraction
Operation use only such roads as designated by the Municipality.
Site Design, Maintenance and Security:
i)
Earth Berms
The Natural Resource owner/operator shall construct an earth berm to
standards acceptable to the Municipality.
ii)
Flooding and Drainage
Provisions for drainage shall be in compliance with municipal and
provincial government regulations.
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iii) Garbage and Refuse Material
The Aggregate Extraction Operation owner/operator shall not collect
garbage or refuse material, or dump any petroleum product or other
pollutant in the development area. The Aggregate Extraction Operation
owner/operator shall comply with all federal, provincial and
environmental regulations pertaining to, but not limited to, petroleum
storage and disposal.
iv) Security
The Aggregate Extraction Operation owner/operator shall install a steel
gate at all entrances to the development area which shall be kept closed
and locked to prevent access by the general public.
The berm and steel gate shall be constructed in such a fashion that it
shall be impracticable for vehicular traffic to travel between the gate
and the edge of the berm.
v)
Weed Control
Weeds shall be controlled pursuant to the requirements of the
Municipality under The Municipal Act, The Noxious Weed Act or other
laws of the Province of Manitoba. For this purpose, the top of the berm
must be of sufficient size to permit a ½ ton truck to be driven on top of
said berm for the purpose of spraying weeds.
Rehabilitation:
It shall be the responsibility of the Aggregate Extraction Operation
owner/operator to remit to the Province of Manitoba such levies or other
amounts as may be required for restoration and rehabilitation of the
development area.
The Aggregate Extraction Operation owner/operator shall commence
rehabilitation once a maximum of 50% of the title area is open to excavation.
The minimum standard of rehabilitation shall be in compliance with the
Provincial pit and quarry rehabilitation program standards.
Violation:
Should the Aggregate Extraction Operation owner/operator default on any
of the terms and obligations of the development agreement, the
Municipality
shall
provide
the
Aggregate
Extraction
Operation
owner/operator with reasonable notice of such default or breach and require
remedy within a specified time. If the default or breach is not remedied, the
Municipality may:
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i)
advise the Aggregate Extraction Operation owner/operator in writing
that all development in the development area must immediately cease
until such time as the breach or default is remedied to the satisfaction
of the Municipality, and the Municipality has acknowledged the remedy
in writing;
ii)
enter the development area or such other land as the Municipality may
deem necessary and remedy the breach of the development agreement
or remedy any other contravention of any law and all costs incurred by
the Municipality in so doing, including administration costs of its
employees, shall be the responsibility of the Aggregate Extraction
Operation owner/operator; and
iii) levy a fine as established by municipal by-law for violation of blasting,
hours of operation or days of operation.
52.6
Mining Out Roads
Mining out mineral deposits in, upon or under common public roads and road
allowances shall be in accordance with The Highway Traffic Act, The Mines and
Minerals Act and The Municipal Act.
53.0
Wayside Pits and Quarries
New Wayside Pits and Quarries shall comply with the following regulations:
They shall be located at least:
1,524.00 m. (5,000.00 ft.) from Stony Mountain, Balmoral, Gunton, Gross Isle,
or any RSC: Rural Settlement Centre Zones;
792.48 m. (2,600.00 ft.) from any Residential, Residential-Related, Basic
Service and Community, Educational, Recreational and Cultural Service Use
Class developments located outside Stony Mountain, Balmoral, Gunton,
Gross Isle or any RSC: Rural Settlement Centre Zones; and
150.00 m. (328.08 ft.) from the edge of the rights-of-way of a Provincial Trunk
Highway or Provincial Road.
54.0
Secondary Suites
Secondary Suites shall comply with the following regulations:
If required, by the Designated Officer, an Occupancy Permit has been issued
by the Designated Officer.
No more than one (1) secondary suite shall be permitted on each zoning lot.
One additional accessory off-street parking space is provided for the exclusive
use of the secondary suite.
The secondary suite shall contain a kitchen, living area and bathroom.
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Home Occupations or Home Industries are not allowed in a secondary suite.
The maximum site coverage, including the secondary suite, shall be no greater
than what the applicable zoning district allows.
All secondary suites shall comply with all building code standards.
All secondary suites shall be connected to municipal sanitary sewer where
such services are available as determined by the municipality.
Accessible amenity outdoor space and landscaping with a minimum area of
9.29 sq. m. (100.0 sq. ft.) shall be available for use by the secondary suite
tenants.
A Secondary Suite within a principal dwelling shall also comply with the following
regulations:
Shall only be located in a Single Family Dwelling that is owner-occupied and
the lot is not less than 668.88 sq. m. (7,200.00 sq. ft.).
The secondary suite shall have an entrance separate from the entrance of the
principal dwelling, either from a common indoor landing or directly from the
side or rear of the house.
The secondary suite is not obtrusive so as to change the one family nature of
the Single Family Dwelling.
The maximum size for a secondary suite is 50 percent of the liveable area of
the Single Family Dwelling (including basement) or 92.90 sq. m. (1,000.0 sq.
ft.), whichever is less.
The minimum ceiling height shall be 2.43 m. (8.0 ft.).
A ground level Secondary Suite that is detached from the principal dwelling shall
also comply with the following regulations:
A secondary suite shall not have a floor area greater than 92.90 sq. m. (1,000.0
sq. ft.).
The maximum height shall be 4.57 m. (15.0 ft.).
The secondary suite shall be separated from the principal dwelling by a
minimum of 3.05 m. (10.0 ft.).
The secondary suite shall have the same side or corner side yard setback as
the principal dwelling.
The secondary suite shall have a minimum rear yard of 1.52 m. (5.0 ft.) in the
RS-1 Zoning District and 3.04 m. (10.0 ft.) in all other Zoning Districts.
A secondary suite shall not be allowed in any required front yards.
The exterior of the secondary suite shall incorporate building materials,
textures, and colours that are similar to those found on the principal dwelling
as determined by the municipality.
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A Secondary Suite located above a detached garage shall also comply with the
following regulations:
A secondary suite shall not have a floor area greater than 92.90 sq. m. (1,000.0
sq. ft.).
The maximum height shall be 7.62 m. (25.0 ft.).
The secondary suite shall be separated from the principal dwelling by a
minimum of 3.05 m. (10.0 ft.)
The secondary suite shall have the same side or corner side yard setback as
the principal dwelling.
The entrance to the secondary suite shall be directly from the exterior of the
garage that is separate from the vehicle entrance to the garage.
A Secondary Suite attached to (but not above) a detached garage shall also comply
with the following regulations:
A secondary suite shall not have a floor area greater than 92.90 sq. m. (1,000.0
sq. ft.).
The maximum height shall be 4.57 m. (15.0 ft.).
The secondary suite shall be separated from the principal dwelling by a
minimum of 3.05 m. (10.0 ft.)
The secondary suite shall have the same side or corner side yard setback as
the principal dwelling.
The entrance to the secondary suite shall be separate from the vehicle
entrance to the garage.
The exterior of the secondary suite shall incorporate building materials,
textures, and colours that are similar to those found on the principal dwelling
as determined by the municipality.
The combined square footage of the garage and secondary suite shall not
exceed the square footage of the principal residence.
55.0
Wildlife Rehabilitation Centre
The owner/operator of a Wildlife Rehabilitation Centre shall comply with the following:
The owner/operator is responsible for compliance with all applicable municipal,
provincial and federal laws and regulations, including any necessary licensing
and/or permitting.
The facility design and security, and insurance coverage shall be to the satisfaction
of the responsible provincial government department and Municipal council.
The facility must have at least one Certified Wildlife Rehabilitator on staff, and
access to licensed veterinary care to the satisfaction of the responsible provincial
government department.
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The facility must be operated as a not-for-profit enterprise, and not be reliant upon
government funding.
The facility must not be open to the public.
Educational opportunities to enhance provincial programs and public awareness
may be provided through methods such as "livestreaming to the classroom."
Viewing opportunities must not compromise rehabilitation for purposes of release
into the wild.
Animals are not to be kept in permanent captivity at the facility. Rehabilitation and
release shall be in coordination with the responsible provincial government
department.
Prior to occupancy and operation, the owner/operator must provide proof of valid
insurance coverage in the form and standard satisfactory to the responsible
provincial government department and Council.
56.0
Rural Retreat and Events
A Rural Retreat/Event shall comply with the following regulations:
Applications for Conditional Use Approval should include the following information:
Site Plan showing proposed:
i)
general vehicle access routes;
ii)
emergency and protective service vehicle access routes;
iii) on-site parking (location, size of stalls, number);
iv) foot paths;
v)
buildings and structures (stages and venues, washroom facilities,
cooking and dining facilities, overnight visitor accommodations, etc.);
vi) exterior site lighting; and
vii) landscaped or architectural sound or sight barrier locations.
Sound/sight barrier or buffers (description and/or illustration);
Signage (location, number, size and type);
Site maintenance (refuse management, etc.);
Security;
Dates and hours of operation;
Emergency and Protective Service Agreements;
Liability Insurance; and
Other matters deemed necessary by the Designated Officer and Council.
Applications for Conditional Use Approval for a "Rural Retreat-Event" shall be
circulated to the provincial department responsible for agriculture for review and
comment.
SECTIONS
SPECIAL
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Where the subject property is in proximity to a provincial road, the application shall
be circulated to the responsible provincial department for review and
recommendation.
Where approved, the Conditional Use Order shall require the landowner/applicant
to enter into a development agreement with the Municipality to cover such matters
as: site design, parking, traffic flow, sound and sight mitigation, signage, site
maintenance, security, dates and hours of operation, emergency and protective
service arrangements, liability insurance, and where deemed necessary by the
responsible provincial department, a traffic study for the review and approval of
that department, any other matters deemed necessary by Council.
57.0
Hobby Poultry
For sites 4.0 acres or less a maximum of six (6) hens (no roosters) may be kept and
for sites greater than 4.0 acres a maximum of ten (10) hens (no roosters) may be
kept, subject to the following:
No person shall establish hobby poultry on a site without first obtaining a
development permit;
Only allowed on sites zoned RR with a minimum site area of 0.81 ha. (2.0 ac.)
or sites zoned RS-2 with a minimum site area of 1.62 ha. (4.0 ac.).
The coop and enclosure must meet the following standards:
i)
located in the rear of the lot behind the dwelling and not located
within the Accessory Building setbacks;
ii)
positioned a minimum of 4.6 m. (15 ft.) from any neighbouring
property line;
iii) kept in a clean and tidy manner as determined by the Designated
Officer; and
iv) enclosure must be covered entirely on all sides and top by chicken-
grade fencing.
58.0
Solar Collectors
Any solar collector not connected to a building shall adhere to the same setbacks
and height restrictions for accessory buildings in the zone in which the installation
is situated.
A roof or mounted solar collector shall not exceed, in size, the total square footage
of the principal structure.
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SPECIAL
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A solar collector that is mounted on a roof can project a maximum of 1.50 m. (6.50
ft.) from the surface of the roof and shall not exceed the outermost edge of the
roof.
A solar collector that is mounted on a wall can project a maximum of 0.60 m. (2.00
ft.) from the surface of that wall and shall be located a minimum of 2.4 m. (8.00 ft.)
above grade.
A solar collector that is ground mounted shall comply with accessory use provisions
with respect to bulk requirements.
Notwithstanding any other provision of this By-law, any Residential Use Class that
incorporates a solar collector into the building design shall be classified as a
conditional use.
59.0
Equestrian Commercial Establishments
Equestrian Commercial Establishments shall comply with the following regulations:
The maximum number of equine animals per equestrian commercial establishment
is one for every 0.81 ha. (2.00 ac.) of land.
An equestrian commercial establishment shall have a minimum site area of 8.10 ha.
(20.00 ac.) of land.
Any buildings that permanently (or have the ability to permanently) house animals
associated with an equestrian commercial establishment shall be a minimum of
38.10 m. (125.00 ft.) from the nearest residence on an adjoining property at the
time of construction.
Any barns associated with an equestrian commercial establishment shall be a
minimum of 15.24 m. (50.00 ft.) from the nearest property line.
Fences used for corrals or pastures shall be set back a minimum of 2.29 m. (7.50 ft.)
from a property line and 15.24 m. (50.00 ft.) from any adjoining swimming pool,
patio or other regularly used living area as measured by the Designated Officer.
Any on-site commercial uses that are accessory to the equestrian commercial
establishment shall be limited to those uses intended to service the needs of the
surrounding equestrian and agricultural communities as determined by the
Designated Officer.
The use of recreational vehicles, travel trailers, campers or similar vehicles as
temporary accommodation is permitted but shall not exceed two (2) weeks.
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SPECIAL
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Manure management and facilities shall meet or exceed all provincial government
regulations related to the storage, handling and disposal of manure.
60.0
Cannabis Retail Stores
Cannabis stores shall not be established within 150.0 m. (492.1 ft.) of the property
line of a school, child care service, or recreation facility (indoor or outdoor).
61.0
Farm Diversification Operations BL 2/23
All farm diversification operations shall comply with the following regulations:
a)
A farm diversification operation located on a farmstead site may only be
permitted as an accessory to currently active agricultural operations;
b)
The farm diversification operation shall be valid so long as the principal use of the
site is an active agricultural operation;
c)
Farm diversification operations shall comply with all environmental and public
health standards of the Province of Manitoba. If Council determines that a
proposed use may conflict with these standards, the application shall be referred
to the appropriate provincial department or agency for their review and comment
prior to issuing a development permit;
d)
A proposed farm diversification operation should not be permitted if, in the
opinion of Council, such use would be more appropriately located in another
zoning district having regard for potential traffic generation and interference with
the agricultural character of the area;
e)
When reviewing a conditional use application for a farm diversification operation,
Council shall take the following into consideration:
i.
Whether the type of operation and location on the farm premises can be
sustained without adverse impact to adjoining agricultural activities or to
the natural environment;
ii.
Ensuring that the character and scale of operation does not create
adverse impacts upon the use of adjoining land uses; and
iii.
Whether the type and location of the operation requires the Municipality
to invest in new infrastructure to accommodate the operation.
f)
A development permit for a farm diversification operation shall include provisions
satisfactory to the municipality for the following:
i.
Adequate space for the parking and/or storage of vehicles, equipment or
materials;
ii.
Garbage and debris to be kept out of public view;
iii.
Appropriate fencing, landscaping or other visual barriers; and
iv.
Hours of operation.
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g)
A farm diversification operation shall not require the creation of a new title
separate from the title for the principal agricultural operation.
h)
Any increase in the operation as originally approved shall require a new
application and approval, including additional staff, new accessory buildings or
structures, etc.
i)
Council may also apply special standards in the issuance of a development permit
limiting the size of the operation including, but not limited to, the size and
number of buildings used for the operation, the number of employees, or the
requirement to mitigate negative impacts on neighbouring land uses;
j)
A development permit for a farm diversification operation may be revoked at any
time if, in the opinion of Council, the conditions under which the permit was
originally issued are no longer met.
ZONES
SECTIONS
ZONES
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PAGE 124
ZONING BY-LAW NO. 20/19
62.0
Intent of Zoning Districts
The Zoning Districts established in this By-law are intended to provide sufficient land for various
types of land uses and developments in the RM of Rockwood in keeping with the provisions of the
South Interlake Planning District Development Plan. The Zoning Districts as outlined in the Zoning
Districts Table (Appendix A) are hereby established.
63.0
Permitted and Conditional Uses
The Permitted and Conditional Uses Table (Appendix B) outlines uses that are
permitted or conditional in each Zoning District.
All uses, whether listed as permitted or conditional, must meet the relevant
requirements as outlined in Part II (General Development Regulations), PART II
(Special Land Use Regulations), and Appendix C Bulk Regulations.
63.1
Bulk Regulations for Zoning Districts
The Bulk Regulations Table (Appendix C) outlines the bulk regulations for each
Zoning District.
63.2
Additional Regulations for Permitted and Conditional Uses
All accessory uses, buildings and structures shall be developed in accordance with
any applicable RM of Rockwood lot grading by-laws or regulations.
Maximum building area regulations shall not apply to Private and Semi-Private
Swimming Pools and Hot Tubs.
Water supply and sewage disposal systems throughout the municipality shall be in
accordance with The Environment Act, The Public Health Act, The Drinking Water
Safety Act, and any relevant municipal regulations.
Any fuel storage areas established on any site shall comply with The Storage and
Handling of Petroleum and Allied Products Regulation 188/2001.
Any used oil products and other regulated hazardous wastes generated or stored
on any site shall be collected and disposed of in accordance with all applicable
Manitoba Conservation and Climate legislation.
All buildings, structures and hedges within control areas adjacent to Provincial
Trunk Highways, Provincial Roads and Provincial Access Roads shall be setback in
accordance with The Transportation Infrastructure Act.
The construction of any drainage works shall be in accordance with all applicable
Provincial government legislation.
SECTIONS
ZONES
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PAGE 125
ZONING BY-LAW NO. 20/19
All development shall be on sites that have direct frontage on a street. No
development or building permit shall be issued for a residence that does not have
frontage on an approved all weather road or road for which a road construction
development agreement has not been entered into.
The maximum building height regulation in the Bulk Table shall not apply to farm
buildings.
64.0
Residential Zones
64.1
Additional Regulations for the RS-1 and RS-2 Zoning Districts
Excluding reverse corner lots, where sites comprising 40.00 percent or more of the
entire frontage of the block are developed with buildings, the average front yard
calculation established by such buildings shall be the front yard regulation for the
block.
The minimum site area for each Two Family Dwelling including a Duplex and Semi-
Detached Dwelling shall be 929.00 sq. m. (10,000.00 sq. ft.) with a minimum site
width of 38.10 m. (125.00 ft.).
Notwithstanding the list of Permitted and Conditional Uses identified in Appendix
B, a Mobile Home Dwelling is a Conditional Use in Grosse Isle as shown in Figure 6
of the Zoning Maps and a Permitted Use in Gunton as shown in Figure 7 of the
Zoning Maps.
For sites in the RS-2 zoning district larger than 1.62 ha. (4.0 ac.), up to ten (10)
chickens and up to two (2) horses shall be allowed and classified as an Accessory
Use subject to compliance, where applicable as determined by the Designated
Officer, with subsections 48. 4) and 5) and subsections 57.1 a) and c) of this by-law.
64.2
Additional Regulations for the RC Zoning District
The separation space between buildings in the RC: Residential Comprehensive
Zoning District shall be provided as follows:
a minimum depth of 6.71 m. (22.00 ft.) in the front of a principal living room
window or an on-site roadway, as depicted in the figure below; and
a minimum depth of 1.52 m. (5.00 ft.) in the side separation space as
determined by the Designated Officer, as depicted in the figure below.
a minimum depth of 4.57 m. (15.00 ft.) in the rear separation space as
determined by the Designated Officer, as depicted in the figure below.
The minimum separation space in front of any windows, entry or similar
opening shall be applied along the full length and height of the exterior wall
of the room in which the particular opening or window is located.
SECTIONS
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ZONING BY-LAW NO. 20/19
2)
The minimum separation distance between two residential buildings
shall be double the separation space regulations as indicated in Sections
63.2 1) a), b), and c) of this By-law.
3)
For developments that have more than ten dwelling units, the exteriors
of the dwelling units shall provide individuality and variety of building
design in terms of setbacks, entrances, elevations and finishing materials.
4)
In addition to other submission regulations of this By-law, the following
additional information shall be required:
a)
the use of each proposed or existing building or structure;
b)
the location of all doors and windows and the type;
c)
the separation space between residential buildings;
d)
floor plans and elevations of all proposed buildings and structures;
e)
the total number of dwelling units and the gross floor area; and
f)
the location, type and height of all proposed walls, fences, and
landscaping.
5)
The maximum gross density shall be 12.36 dwellings per hectare (5.00
per acre).
SECTIONS
ZONES
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ZONING BY-LAW NO. 20/19
64.3
Additional Regulations for the RM Zoning District
A Single Family Dwelling shall be developed in accordance with the RS-1 District
Requirement.
The minimum site area for each Two Family Dwelling including a Duplex and Semi-
Detached Dwelling shall be 929.00 sq. m. (10,000.00 sq. ft.) with a minimum site
width of 38.10 m. (125.00 ft.).
The minimum site area for Multiple Family Dwellings shall be 929.00 sq. m.
(10,000.00 sq. ft.) for the first four dwelling units and 116.13 (1,250.00 sq. ft.) for
each additional dwelling unit.
64.4
Additional Regulations for the RR Zoning District
Notwithstanding the Bulk Table of this By-law (Appendix C), a Single Family Dwelling
at Norris Lake as shown in Figure 3 of the Zoning Maps under Plan No. 9350 and
Plan No. 15411 shall have a minimum site area of 0.16 ha. (0.40 ac.), minimum site
width of 18.29 m. (60.00 ft.) and a minimum side yard of 3.05 m. (10.00 ft.) for any
principal and accessory buildings.
64.5
Additional Regulations for the MHR Zoning District
In the case of Mobile Home Dwelling sites within a mobile home park development:
the minimum site area requirement shall be 371.60 sq. m. (4,000.00 sq. ft.);
the minimum site width requirement shall be. 12.19 m. (40.00 ft.); and
the separation spaces between Mobile Home Dwellings, including accessory
uses, buildings and structures, shall be the same as the yard regulations.
Mobile Home Parks shall comply with the following regulations:
service buildings shall be centrally located and in no case shall they be located
further than 91.44 m. (300.00 ft) from any mobile home dwelling, and they
shall be provided with adequate light, heat and ventilation to the satisfaction
of the Designated Officer;
where a municipal system for water supply and sewage disposal is available,
each mobile home dwelling shall be connected to such system;
tanks for the storage of fuel oil or propane shall be concealed from view by
screening or other appropriate measures as determined by the Designated
Officer;
every mobile home park operator shall provide for the storage of refuse,
garbage and debris in a sanitary manner that is located no further than 152.40
m. (500.00 ft.) from all mobile home dwellings;
all roadways within a mobile home park shall be properly illuminated by
lighting to the satisfaction of the Designated Officer;
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all roadways within a mobile home park shall be hard surfaced (which
includes asphalt, concrete or pavers) in urban settlement centres or graveled
in all other areas of the municipality and properly maintained to the
satisfaction of the Designated Officer;
a park area with playground equipment to the satisfaction of the Designated
Officer shall be provided in each mobile home park on the basis of 18.58 sq.
m. (200 sq. ft.) per mobile home dwelling or 222.96 sq. m. (2,400 sq. ft.),
whichever is greater;
the mobile home park operator is responsible for providing and maintaining
suitable landscaping on the site to the satisfaction of the Designated Officer;
in addition to the information requirements set out in Section 12.0 of this By-
Law, a person applying to establish a mobile home park in the RM of
Rockwood shall also provide the following information:
i)
the name and address of the landowner, owner, and applicant;
ii)
the location of the proposed mobile home park;
iii) the size and shape of the mobile home dwelling sites;
iv) the proposed land drainage system;
v)
the proposed design for water distribution and sewage collection and
disposal;
vi) the location of the garbage storage;
vii) the means of vehicular and pedestrian access;
viii) the location of the public reserve park area and details on the
proposed playground equipment;
ix) the location of any service buildings; and
x)
an overall site plan.
65.0
Commercial Zones
65.1
Additional Regulations for the CC Zoning District
No parking shall be permitted within a required front yard and no loading, storage,
trash collection, outdoor service or display area shall be permitted within a required
side yard.
Loading, storage and trash collection areas shall be located to the rear or sides of
the principal building and shall be screened from view from any adjacent sites and
public roadways in accordance with Section 30.0 of this By-law.
If the rear or side lot lines of a site abut a Residential or Residential-Related Use
Class development or a lane serving a Residential or Residential-Related Use Class
development and are used for parking, an outdoor service or display area, or both,
they shall be screened in accordance with Section 30.0 of this By-law.
SECTIONS
ZONES
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A dwelling unit is allowed only in conjunction with a permitted use or conditional
use development if it is occupied by the owner/operator or a site watchperson or
caretaker, if necessary; or the said permitted use or conditional use is the primary
ground floor use.
Excluding reversed corner lots, where sites comprising 40.00 percent or more of
the entire frontage of the block are developed with buildings, the average front
yard calculation established by such buildings shall be the front yard regulation for
the block.
65.2
Additional Regulations for the CH Zoning District
No parking shall be permitted within a required front yard and no loading, storage,
trash collection, outdoor service or display area shall be permitted within a required
side yard.
Loading, storage and trash collection areas shall be located to the rear or sides of
the principal building and shall be screened from view from any adjacent sites and
public roadways in accordance with Section 30.0 of this By-law.
If the rear or side lot lines of a site abut a Residential or Residential-Related Use
Class development or a lane serving a Residential or Residential-Related Use Class
development and are used for parking, an outdoor service or display area, or both,
they shall be screened in accordance with Section 30.0 of this By-law.
All exposed building faces shall have consistent and harmonious exterior finishing
materials.
A dwelling unit is allowed only in conjunction with a permitted use or conditional
use development if it is occupied by the owner/operator or a site watchperson or
caretaker, if necessary.
The siting and access for the following Conditional Use developments shall be to
the satisfaction of the Designated Officer who shall ensure that such developments
do not prejudice the safety and transportation function of public roadways:
Drive-In Food Service
Eating and Drinking Establishment
Rapid Drive-Through Vehicle Service
General Retail Store
Automated Teller Machines
A dwelling unit is allowed as a permitted use in conjunction with a Tourist Campsite
development if it is occupied by the owner/operator or a site watchperson or
caretaker, if necessary.
SECTIONS
ZONES
62-70
RM OF ROCKWOOD
PAGE 130
ZONING BY-LAW NO. 20/19
65.3
Additional Regulations for the CR Zoning District
No parking shall be permitted within a required front yard and no loading, storage,
trash collection, outdoor service or display area shall be permitted within a required
side yard.
Loading, storage and trash collection areas shall be located to the rear or sides of
the principal building and shall be screened from view from any adjacent sites and
public roadways in accordance with Section 30.0 of this By-law.
If the rear or side lot lines of a site abut a Residential or Residential-Related Use
Class development or a lane serving a Residential or Residential-Related Use Class
development and are used for parking, an outdoor service or display area, or both,
they shall be screened in.
A dwelling unit is allowed as a permitted use in conjunction with a Tourist Campsite
development if it is occupied by the owner/operator or a site watchperson or
caretaker, if necessary.
66.0
Industrial Zones
66.1
Additional Regulations for the MB Zoning District
No loading, storage, trash collection, outdoor service or display area shall be
permitted within a required side yard.
When outside storage of goods and materials is required:
the storage shall be located to the rear of a line adjacent to and parallel with
the front wall of the building;
the storage shall not project above the height of the wall or fence; and
a solid fence shall be provided and maintained in a condition that is
acceptable to the Designated Officer.
The operation of all uses shall comply with all environmental and public health
regulations of the Province of Manitoba. If the Designated Officer is of the opinion
that a proposed development may conflict with these regulations, the application
shall be referred to the appropriate Provincial department(s) prior to issuing a
development permit.
A dwelling unit is allowed only in conjunction with a permitted or conditional
Industrial Use Class development if it is occupied by the owner/operator or a site
watchperson or caretaker, if necessary.
SECTIONS
ZONES
62-70
RM OF ROCKWOOD
PAGE 131
ZONING BY-LAW NO. 20/19
All loading, service, trash collection and accessory storage areas, and trucking yards
shall be located to the rear or sides of the principal building, and shall be screened
from view from any public roadway and from adjacent residential sites, by building
walls, landscape materials, berms, fences or a combination thereof, from the
ground to a height of 2.00 m. (6.56 ft.).
The Designated Officer may require that exposed projections outside the building
such as mechanical and electrical equipment, transformer ducts, and materials
handling equipment be screened from view from any public roadway, or from
adjacent sites if, in his/her opinion, such projections are inconsistent with the
character and appearance of surrounding development or the intended visual
qualities of the said Zone.
All buildings shall be constructed and finished with durable materials designed to
maintain the initial appearance of the development throughout the life of the
project. The Designated Officer may require that the appearance of metal, or
concrete block walls exposed to public view from beyond the site be improved
where, in his/her opinion, such walls are inconsistent with the finishing materials
or appearance characteristic of surrounding development.
Access and loading shall not be located in the side yard.
Excluding driveway approaches, the first 4.57 m. (15.00 ft.) of the front yard shall
be landscaped to the satisfaction of the Designated Officer.
Vehicle parking areas with more than 40 parking stalls shall include landscape
medians to provide aesthetic relief to the satisfaction of the Designated Officer.
Business product display areas shall be setback a minimum of 9.14 m. (30.00 ft.)
from the front yard.
66.2
Additional Regulations for the MG Zoning District
No loading, storage, trash collection, outdoor service or display area shall be
permitted within a required side yard.
When outside storage of goods and materials is required:
the storage shall be located to the rear of a line adjacent to and parallel with
the front wall of the building;
the storage shall not project above the height of the wall or fence; and
a solid fence shall be provided and maintained in a condition acceptable to
the Designated Officer.
SECTIONS
ZONES
62-70
RM OF ROCKWOOD
PAGE 132
ZONING BY-LAW NO. 20/19
The operation of all uses shall comply with all environmental and public health
regulations of the Province of Manitoba. If the Designated Officer believes a
proposed development may conflict with these regulations, the application shall be
referred to the appropriate Provincial department(s) prior to issuing a development
permit.
A dwelling unit is allowed only in conjunction with a permitted or conditional
Industrial Use Class development if it is occupied by the owner/operator or a site
watchperson or caretaker, if necessary.
66.3
Additional Regulations for the ME Zoning District
Notwithstanding the maximum building height regulations in the Bulk Table, for any
mechanical and processing equipment or use such as draglines, conveyors, crushers,
screens, silos, processing equipment, stockpiling materials, etc. and berms as
determined by the Designated Officer that is associated with a conditional use, the
maximum height regulations do not apply.
Blasting activities within Aggregate Extraction Operations shall be set back a
minimum of 15.24 m. (50.00 ft.) from all properties lines, except where the
property line is between two Aggregate Extraction Operations.
67.0
Urban Holding Area Zones
67.1
Additional Regulations for the UH Zoning District
Notwithstanding the regulations set out in the Bulk Regulations Table (Appendix C)
of this By-law, the minimum site area regulation for a Farmstead Dwelling shall be
0.81 ha. (2.00 acres).
The maximum building height regulation of 10.67 m. (35.00 ft.) shall not apply to
buildings or structures that are accessory to a Non-Commercial Farm.
Council shall not approve any development which, in its opinion, would:
substantially alter the existing state of the land;
require structures, footings or foundations that cannot be removed or
relocated at a nominal cost to the applicant or owner; or
be prejudicial to the future economical subdivision, servicing and
development of the subject land for future urban uses on a planned basis.
Council may specify the length of time a use is permitted in this Zone having regard
for the future servicing or development of general residential, recreational,
institutional, industrial or commercial development on the subject land.
SECTIONS
ZONES
62-70
RM OF ROCKWOOD
PAGE 133
ZONING BY-LAW NO. 20/19
A dwelling unit is allowed in conjunction with a Tourist Campsite development if it
is occupied by the owner/operator or a site watchperson or caretaker, if necessary.
68.0
Rural Settlement Centre Zones
68.1
Additional Regulations for the RSC Zoning District
The maximum site coverage regulation for permitted use and conditional use
developments shall be as follows:
For Residential Use Class developments, excluding Townhouse Dwellings and
Multiple Family Dwellings, the maximum site coverage shall be 40.00 percent.
For Townhouse Dwellings, Multiple Family Dwellings and non-Residential Use
Class developments, the maximum site coverage shall be 60.00 percent.
Where dwelling units are to be developed in accordance with a bare land
condominium concept, the minimum site area, site width and yard requirements
shall not apply to individual condominium units. However, the front and rear walls
of the condominium structure shall be set back a minimum distance of 7.62 m.
(25.00 ft.) from the front and rear boundaries of the condominium lot, and the side
walls shall be set back a minimum distance of 1.52 m. (5.00 ft.) from the side
boundary of the condominium lot.
When outside storage of goods and materials is required:
the storage shall be located to the rear of a line adjacent to and parallel with
the front wall of the building;
a solid fence shall be provided and maintained in a condition acceptable to
the Designated Officer; and
the storage shall not project above the height of the wall or fence.
A dwelling unit is allowed only in conjunction with Commercial and Industrial Use
Class developments if it is occupied by the owner/operator or a site watchperson
or caretaker, if necessary.
In the case of a mobile home park development:
the minimum site area requirement shall be 0.80 ha. (2.00 acres); and
the minimum site width requirement shall be 60.96 m. (200.00 ft.).
SECTIONS
ZONES
62-70
RM OF ROCKWOOD
PAGE 134
ZONING BY-LAW NO. 20/19
In the case of Mobile Home Dwelling sites within a mobile home park development:
the minimum site area requirement shall be 371.60 sq. m. (4,000.00 sq. ft.);
the minimum site width requirement shall be 12.19 m. (40.00 ft.); and
the separation spaces between Mobile Home Dwellings, including accessory
uses, buildings and structures, shall be as follows:
i)
the minimum front separation space shall be 6.10 m. (20.00 ft.);
ii)
the minimum rear separation space shall be 6.10 m. (20.00 ft.);
iii) the minimum side separation space shall be 3.05 m. (10.00 ft.); and
iv) the minimum corner side separation space shall be 4.57 m. (15.00 ft.).
A dwelling unit is allowed in conjunction with a Tourist Campsite development if it
is occupied by the owner/operator or a site watchperson or caretaker, if necessary.
Notwithstanding the Bulk Table of this By-law (Appendix C), the minimum rear, side
and corner side yard regulations for accessory uses, buildings and structures shall
be as follows:
For Townhouse Dwellings, Multiple Family Dwellings and non-Residential Use
Class developments:
i)
the minimum rear yard shall be 7.62 m. (25.00 ft.);
ii)
the minimum side yard shall be 4.57 m. (15.00 ft.); and
iii) the minimum corner side yard shall be 4.47 m. (15.00 ft.).
Notwithstanding the Bulk Table of this By-law (Appendix C), the minimum front,
rear, side and corner side separation space regulations for accessory uses, buildings
and structures in mobile home park developments shall be as follows:
the minimum front separation space shall be 6.10 m. (20.00 ft.);
the minimum rear separation space shall be 1.52 m. (5.00 ft.);
the minimum side separation space shall be 1.52 m. (5.00 ft.); and
the minimum corner side separation space shall be 3.05 m. (10.00 ft.).
For Residential Use Class developments, accessory buildings and structures shall be
located on a site as follows:
where the accessory building is attached to a principal building, it shall be
subject to, and shall conform to all regulations of this By-law applicable to the
principal building; and
where the accessory building is detached from the principal building, it shall
not be located closer than 3.05 m. (10.00 ft.) clear of all projections to the
principal building, nor shall it be located closer than the front wall of the
principal building.
SECTIONS
ZONES
62-70
RM OF ROCKWOOD
PAGE 135
ZONING BY-LAW NO. 20/19
69.0
Mixed Used Zones
69.1
Additional Regulations for the LCR Zoning District
The maximum number of on-site employees for a Limited Contractor Service shall
be two and shall be limited to owner operated businesses only.
Any materials related to a small-scale business operation shall be kept within an
enclosed building. These buildings shall be constructed and finished with durable
materials and blend in with the surrounding residential development.
No more than two trucks with a maximum gross vehicle weight of 6,804.00 kg.
(15,000.00 lb.) gross vehicle weight can be parked over night on any lot.
69.2
Additional Regulations for the Community Mixed Use 1 (CM1) Zoning District (BL 14/24)
As a condition of rezoning lands to the CM1 Zoning District, proponents shall be
required to enter into a Development Agreement with the Municipality, prior to the
issuance of a development permit. The Development Agreement may include
provisions on the use of land, the siting of buildings, the installation of services,
provision of open space, etc. Development Agreements for CM1 lands shall include
the provision of design standards, which may include:
Building placement, façade treatments, building materials and building
envelope;
Site plans;
Landscaping plans;
Access and driveway locations; and
On-site parking locations and circulation.
As a condition of rezoning lands to the CM1 Zoning District, a concept plan shall be
prepared which shall include the following:
Arrangement/distribution of land uses;
The location of collector roads;
Active transportation infrastructure (including paths, trails and sidewalks);
Servicing and drainage infrastructure; and
Integration with adjacent land uses and future development.
With the CM1 Zoning District, Single and Two Family Dwellings shall account for at
least 75% of the net developable lands and Townhouse and Multiple Family
Dwellings shall account for up to 25% of the residual net developable lands.
Notwithstanding the Bulk Regulation Table of this By-law (Appendix C), the
following minimum bulk standards shall apply within the CM1 Zoning District:
SECTIONS
ZONES
62-70
RM OF ROCKWOOD
PAGE 136
ZONING BY-LAW NO. 20/19
Townhouse dwellings shall contain no more than six (6) dwelling units in a
row.
Unless otherwise stated, Townhouse and Multiple Family Dwelling units shall
adhere to the bulk standards of the "RM" Residential Multiple Family Zoning
District.
Unless otherwise stated, Commercial Use Classes identified in Appendix B
shall adhere to the bulk standards of the "CC" Commercial Centre Zoning
District.
Where approved in the CM1 Zoning District, an owner or applicant for a Multiple
Family Dwelling and Townhouse Dwelling may be required to enter into a
Development Agreement with the Municipality to cover such matters as:
Maximum building sizes;
Maximum allowable densities;
Suitable transitions between Multiple Family Dwelling and Single Family
Dwelling development areas including setbacks, landscaping buffers, building
orientations and building massing;
Pedestrian access and sidewalks that connect to municipal paths, trails and
sidewalks where possible;
Design requirements including, but not limited to, exterior finishes and
materials;
Resident and guest parking requirements;
Landscaping requirements;
Waste storage and removal requirements;
Emergency access requirements; and
Any other matter deemed necessary or relevant by Council.
Where approved, Multiple Family and Townhouse dwellings should incorporate the
following design elements and strategies to avoid unfinished or blank-looking
elevations along public facing frontages and create appealing streetscapes:
Using windows, doors and other elevational features, and/or landscaping to
improve façade details;
A mix of product designs as well as colour applications;
Using exterior materials including brick, vertical or horizontal wood or
equivalent siding, stucco, stone, cultured stone, cement board or
combinations or these materials;
Using high quality fencing along the perimeter of the site to be coordinated
with building materials; and
A landscaping plan prepared by a registered professional landscape architect.
Notwithstanding the additional regulations provided herein, all other relevant
provisions and standards of this Zoning By-law shall apply to lands within the CM1
Zoning District.
SECTIONS
ZONES
62-70
RM OF ROCKWOOD
PAGE 137
ZONING BY-LAW NO. 20/19
70.0
Agricultural Zones
70.1
Additional Regulations for the AL, AL-1 and AG Zoning Districts
A Mobile Home Dwelling is allowed when on the same site with a permitted use or
conditional use development where, in the opinion of Council, the dwelling is
essential for the maintenance, operation and care of the permitted use or
conditional use.
Despite the Bulk Table of this By-law (Appendix C), the site regulations for new
residential lots created as per Policy 3.3.1.7, Policy 3.3.1.8, and Policy 3.3.1.9 in the
South Interlake Planning District Development Plan shall be in accordance with the
Bulk Requirements for the Use Classification 'Other' pursuant to Appendix C of this
By-law. BL 2/23
Despite the Bulk Table of this By-law (Appendix C), the following Agricultural Use
Class developments shall be in accordance with the Bulk Requirements for the Use
Classification 'Other' pursuant to Appendix C of this By-law: BL 2/23
a)
Agri-Business;
b)
Agricultural Implement Sales and Service;
c)
Agricultural Product Storage;
d)
Agriculture Support Industry;
e)
Farm Produce Outlet; and
f)
Small Animal Breeding and Boarding Establishment.
A Group Home shall be operated by a live-in owner and only as a secondary use.
A dwelling unit is allowed in conjunction with a Tourist Campsite development if it
is occupied by the owner/operator or a site watchperson or caretaker, if necessary.
Blasting activities within Aggregate Extraction Operations shall be set back a
minimum of 15.24 m. (50.00 ft.) from all property lines, except where the property
line is between two Aggregate Extraction Operations.
For any Forestry Use that is adjacent to the AL: Agriculture Limited, RSC: Rural
Settlement Centre or RR: Rural Residential Zones, the minimum yard regulations
shall be increased to 50.29 m. (165.00 ft.) for the yard(s) adjacent to any of these
Zones.
RM OF ROCKWOOD
PAGE 140
ZONING BY-LAW NO. 20/19
Zoning Districts Table
Appendix A - RM of Rockwood Zoning By-law No. 17/09 Zoning Districts
Residential Zoning Districts
RS-1
Residential Single Family
To accommodate serviced single family dwellings, two-family dwellings and
associated or compatible uses in Urban and Rural Settlement Centres with a
municipal sewer system.
RS-2
Residential Single Family
To accommodate single family dwellings, two-family dwellings and associated or
compatible uses in Rural Settlement Centres without a municipal sewer system.
RM
Residential Multiple Family
To accommodate multiple family dwellings, townhouse dwellings and two-family
dwellings as well as associated or compatible uses.
RR
Rural Residential
To accommodate single family dwellings and associated or compatible uses in a
rural setting.
RC
Residential Comprehensive
To accommodate residential housing units and associated or compatible uses as
part of a planned unit development that may be further regulated through various site
development and condominium agreements.
MHR
Mobile Home Residential
To accommodate the development and placement of mobile home dwellings and
associated or compatible uses.
Commercial Zoning Districts
CC
Commercial Central
To establish a District for commercial, residential, office and services uses within a
central commercial areas for Urban and Rural Settlement Centres.
CR
Commercial Recreation
To accommodate commercial recreation, tourism and resort developments.
CH
Commercial Highway
To accommodate high quality commercial development along major roadways.
Industrial Zoning Districts
MB
Industrial Business
To accommodate light industrial and related businesses which carry out their
operations primarily within an enclosed building and with limited outdoor storage or
operational characteristics.
MG
Industrial General
To accommodate a wide range of general industrial uses within the municipality.
ME
Industrial Extractive
To provide for the establishment of new, or the continuation or expansion of existing
Aggregate Extraction Operations and accessory uses as well as compatible non-
aggregate extraction uses and accessory uses.
MEH
Industrial Extractive Holding Area
To establish a Zone for future industrial extractive operations until site specific
regulations are finalized with the RM of Rockwood and Provincial government
agencies.
Agricultural Zoning Districts
AL
Agricultural Limited
To accommodate limited agricultural and rural activities in proximity to residential or
other sensitive areas.
AL-1
Agricultural Limited Stonewall Vicinity To provide a Zone that accommodates agricultural activities in proximity to Stonewall.
AG
Agricultural General
To accommodate general agricultural uses or other rural uses that are related to or
compatible with agriculture within the municipality.
Community Service Zoning Districts
PR
Parks and Recreation
To accommodate active and passive recreational uses and landscaped buffers.
I
Institutional
To provide a Zone for public and privately owned facilities of an institutional,
governance or community service nature
SNR
Sensitive and Natural Resource
To establish a Zone for lands unsuitable for development due to flooding, unstable,
or poorly drained soils as well as areas with unique natural or wildlife habitats
including Wildlife Management Areas
UH
Urban Holding Area
To protect land for future community growth for residential, commercial, industrial,
institutional or other related development.
Mixed Use Zoning Districts
LCR
Local Commercial - Residential
To accommodate and regulate the development of small-scale business operations
and single family dwellings where residents can operate a business and reside in the
same location.
RSC
BL 2/23
Rural Settlement Centre
To accommodate a mix of land uses within Rural Settlement Centres without a
municipal sewer system.
CM1
BL 14/24
Community Mixed Use 1
A site-specific Zone to accommodate a mix of serviced residential and compatible
land uses in the RM of Rockwood.
RM OF ROCKWOOD
PAGE 141
ZONING BY-LAW NO. 20/19
Use Table
Appendix B - RM of Rockwood Zoning By-law No. 20/19 (BL 14/24)
Permitted and Conditional Uses
P - Permitted Use
C - Conditional Use
Use Classes¹
Page
Ref.
RS1
RS2
RM
RR
RC
MHR
CC
CR
CH
MB
MG
ME
MEH
AL
AL1
AG
PR
I
SNR
UH
CM1 LCR RSC
Agricultural Use Class
Abattoir
31
C
Agri-Business
31
C
C
P
Agri-Tourism
31
C
C
Agricultural Activities
31
P2
P
P
P
P
C
P
Agricultural Crop Protection Warehouse
31
C
C
P
Agricultural Implement Sales and Service
31
P
C
C
C
P
C
Agricultural Product Storage
31
C
P
Agricultural Support Industry
32
C
C
C
P
Anhydrous Ammonia Facility
32
C
Sec. 50
Cannabis Cultivation
32
C
C
C
Cannabis Processing
32
C
C
C
Communal Farm Dwelling
32
P
Composting
32
C
C
C
Equestrian Establishment
32
C
C
P
C
Sec. 59
Farm Diversification Operation (BL 2-23)
32
C
C
C
Sec. 61
Farm Produce Outlet
32
P
P
P
Farmstead Dwelling
32
P
P
P
P
Game Farm with Less Than 10 A.U.
32
C
Livestock Operations Less Than 50 A.U.
32
C
C
P
C
Sec. 49
Livestock Operations Between 50 A.U. and 124 A.U.
32
C
P
Livestock Operations Between 125 A.U and 299 A.U.
32
P
Livestock Operation 300 A.U. or More
32
C
Non-Commercial Farm
33
C
C
C
P
C
C
Sec. 48
Specialized Agriculture
33
P
P
P
C
Vacation Farm Operation
33
C
C
Wildlife Rehabilitation Centre
33
C
Sec. 55
Basic Service Use Class
Cemetery
33
C
C
C
C
C
C
Extended Medical Treatment Service
33
C
P
C
P
C
Government Service
33
P7
P
P
P
P
P
C
C
P
P
P
Protective and Emergency Service
33
C
C
C
P
C
P
P
P
P
P
C
C
C
P
P
P
P
P
P
Public Utility Service
34
C
C
C
P
C
P
P
C
P
P
P
P
P
C
C
C
P
C
C
P
P
P
Commercial Use Class
Aircraft Landing Field
34
C
Amusement Establishment
34
C
C
C
C
C
C
Animal Shelter and Veterinarian Service
34
C
P
P
P
C
C
C
Auctioneering Establishment
34
C
C
C
C
C
C
Automotive and Equipment Repair Shop (BL 25/25)
34
C9
P
C
C
P
C
Automotive and Recreational Vehicle Sales
34
P
C
C
5
P
Broadcasting and Motion Picture Studio
34
C
C
C
Building Material Sales
34
P
P
P
C
C
Business Support Service
35
P
P
P
P
P
P
Cannabis Retail Store
35
C
C
C
C
Sec. 60
Car Broker
35
C
C
C
C
C
C
C
Sec. 46
Carnival
35
C
C
C
C
C
C
C
C
Commercial Resort
35
C
C
Commercial School
35
C
C
P
P
C
C
Use Specific
Standards
Community
Residential
Industrial
Commercial
Agricultural
Mixed Use
Appendix B - RM of Rockwood Zoning By-law No. 20/19 (BL 14/24)
Permitted and Conditional Uses
P - Permitted Use
C - Conditional Use
Use Classes¹
Page
Ref.
RS1
RS2
RM
RR
RC
MHR
CC
CR
CH
MB
MG
ME
MEH
AL
AL1
AG
PR
I
SNR
UH
CM1 LCR RSC
Use Specific
Standards
Community
Residential
Industrial
Commercial
Agricultural
Mixed Use
Commercial Use Class (cont'd)
Convenience Retail Store
36
C
P
P
C
Convenience Vehicle Rental
36
P
C
C
P
C
Custom Manufacturing Establishment
36
P
P
P
C
Drive-Through Food Service
36
P
P
P
P
C
Sec. 40
Eating and Drinking Establishment
36
C
P
P
P
P
P
C3
C3
P
C
Equipment Rental and Sales
36
P
C
C
P
C
Fleet Service
36
P
P
P
Funeral Service
36
C
C
P
P
C
C
Gas Bar
37
C
P
P
P
C
Sec. 40
General Contractor Service
37
C
C
C
C
General Retail Store
37
P
P
P
P
C
General Storage
37
P
P
P
C
Greenhouse, Plant & Tree Nursery
37
P
P
P
P
P
C
C
C
C
C
Health Service
37
C
P
P
P
P
P
P
P
C
Hotel
37
C
C
C
P
C
Household Repair Service
38
P
P
P
P
P
C
Limited Contractor Service
38
P
P
P
C
C
C
C
C
C
Mini-Warehouse and Self-Storage
38
C
P
P
P
C6
C6
C6
C
Mobile Catering Food Service
38
C
P
P
C
Motel
38
C
C
C
P
C
Non-Accessory Parking
38
C
P
P
P
C
Outdoor Amusement Establishment
38
P
C
C
Outfitter
38
C
C
C
Personal Service Shop
38
C
P
P
P
C
C
P
C
P
Pet Cemetery
39
C
C
Pet Grooming
39
C
P
P
C
C
C
C
Place of Assembly
39
P
C6
C6
C6
C
C
P
C
C
Private Club
39
C
C
C
C
C
C
Professional, Financial & Office Support Service
39
P
P
P
P
C3
P
P
P
Rapid Drive-Through Vehicle Service
39
P
P
P
P
C
Sec. 40
Recycling Depot
39
C
C
C
C
Service Station
39
P
P
P
P
C
Sec. 40
Small Animal Breeding and Boarding Establishment
39
C
C
C
C
C
C
Sec. 51
Spectator Entertainment Establishment
40
C
C
P
P
C
P
C
Truck and Mobile Home Sales/Rentals
40
P
P
C
Trucking Operation
40
P
P
P
Warehouse Sales
40
P
P
P
C
C
Appendix B - RM of Rockwood Zoning By-law No. 20/19 (BL 14/24)
Permitted and Conditional Uses
P - Permitted Use
C - Conditional Use
Use Classes¹
Page
Ref.
RS1
RS2
RM
RR
RC
MHR
CC
CR
CH
MB
MG
ME
MEH
AL
AL1
AG
PR
I
SNR
UH
CM1 LCR RSC
Use Specific
Standards
Community
Residential
Industrial
Commercial
Agricultural
Mixed Use
Community, Educational, Recreational and Cultural Services Use Class
Child Care Service
40
C
C
C
C
C
P
P
C6
C6
C6
P
P
P
C
P
Community Recreation Service
40
C
C
C
P
P
C
P
P
C
P
Community Service Club
40
C
C
C
P
P
C
P
Indoor Participant Recreation Service
40
P
P
C
P
P
P
C3
C
C
Outdoor Participant Recreation Service
41
P
C
P2
C6
C6
C6
P
C3
C
C
C
C
Private Education Service
41
C
C
C
C
P
C
P
Public Education Service
41
C
C
C
P
P
P
P
Public Library and Cultural Exhibit 4
41
C
C
C
P
P
C
P
P
P
P
Public Park
41
P
P
P
P
P
P
P
P
P
P
P
C
C
C
P
P
C
C
P
P
P
Religious Assembly (BL 2-23)
41
C
C
C
C
C
C8
C8
C8
P
P
C
Rural Retreat and Events
41
C
Sec. 56
Tourist Campsite
42
C
C
C
C
C
C
Industrial Use Class
Bulk Storage Facility
42
C
C
C
C
General Industrial
42
P
Industrial Vehicle and Equipment Sales/ Rentals
42
C
C
Industrial Mall
42
C
C
C
C
Light Industrial
42
C
P
P
C
Portable Asphalt Plant
42
C
C
C
Portable Concrete Plant
43
C
C
C
Processing Use
43
C
C
Small Scale Industrial-Farm Related
43
C
C
Small Scale Industrial-Non-Farm Related
43
C
C
Storage Compound
43
C
Transport Terminal
43
C
C
C
C
Wayside Pit and Quarry
43
C
C
Sec. 53
Natural Resource Development Use Class
Aggregate Extraction Operation
43
P
C
C
Sec. 52
Forestry Use
43
P
Mineral Exploration
43
P
C
Wildlife and Conservation Reserve
44
C
P
C
Wind Turbine Generating Station
44
C
C
C
C
Wind Turbine Personal Use
44
C
C
C
C
C
C
C
C
C
Appendix B - RM of Rockwood Zoning By-law No. 20/19 (BL 14/24)
Permitted and Conditional Uses
P - Permitted Use
C - Conditional Use
Use Classes¹
Page
Ref.
RS1
RS2
RM
RR
RC
MHR
CC
CR
CH
MB
MG
ME
MEH
AL
AL1
AG
PR
I
SNR
UH
CM1 LCR RSC
Use Specific
Standards
Community
Residential
Industrial
Commercial
Agricultural
Mixed Use
Residential Use Class
Cottage Dwelling
44
P
P
C
C
C
Institutional Residence
44
C
C
P
C
C
C
C
C
Mobile Home Dwelling (BL 2-23)
44
C
C
C
P
P
P
P
C
Multiple Family Dwelling
44
C
C
P
C
C
C
Planned Unit Development
44
C
C
C
C
C
C
C
Sec. 44
Semi-Detached Dwelling
44
P
P
C
P
P
Single Attached Dwelling
44
C
C
P
Single Family Dwelling (BL 2-23)
45
P
P
C
P
P
C
P
P
P
P
C
P
P
P
Townhouse Dwelling
45
P
C
C
C
Two Family Dwelling
45
C
C
P
C
P
P
Residential Related Use Class
Bed & Breakfast Home
45
C
C
C
C
P
C
C
C
C
C
C
Sec. 43
Group Home
45
C
C
C
C
C
C
Guest Cabin
45
C
C
C
C
Home Industry
45
C
C
C
C
C
C
C
P
C
Sec. 41
Home Occupation
45
P
P
P
P
P
P
P
P
P
P
P
P
P
Sec, 42
Lodge
45
C
C
Secondary Suite
46
C
C
C
C
C
C
P
C
C
Sec. 54
Temporary Mobile Home Dwelling
46
C
C
C
C
Sec. 47
(8) Existing as of the date of adoption of this by-law, otherwise prohibited. (BL 2-23)
(9) For the site legally described as Lots 9, 10, and 11, Block 7, Plan 1263 WLTO in SW 1/4 33-15-2 EPM, Automotive and Equipment Repair Shop shall be classified as a Conditional Use. ( BL 25/25)
(7) Only postal services shall be permitted in the RS-1 zone (BL 4-21)
(6) In the AG Agricultural General Zone, AL Agricultural Limited Zone, and AL-1 Agricultural Limited 1 Zone, a "Mini-Warehouse and Self-Storage" use, "Place of Assembly" use, "Child Care Service" use, or "Outdoor Participant
Recreation Service" use, can only be considered as a conditional use if no suitable site is available in a Settlement Centre or Business Area or other appropriately zoned area as determined by Council
(1) Accessory Uses incidental to a Principal Use are allowed in all Zoning Districts
(2) Excluding Buildings and Structures
(3) Only when integrated with another Permitted or Conditional Use development
(4) "Public Library and Cultural Exhibit" uses should generally be directed to Urban areas or Rural Settlement Centres, and be accommodated in AL zones where appropriate and if no suitable urban site is available
(5) For the site legally described as "NW28-13-2E", Automotive and Recreational Vehicle Sales shall be classified as a Conditional Use
RM OF ROCKWOOD
PAGE 142
ZONING BY-LAW NO. 20/19
Bulk Regulations Table
Rockwood ZBL 20-19 - Bulk Table - Appendix C (BL 2-23) (14/24)
Res
Agr
(g)
Other
Res
Agr
(g)
Other
Res
Agr
(g)
Other
Section in Zoning By-law
64.1
64.1
64.3
64.3
64.4
64.2
64.5
65.1
65.3
65.2
66.1
66.2
66.3
N/A
70.1
70.1
70.1
70.1
70.1
70.1
N/A
N/A
N/A
67.1
69.1
68.1
Permitted and Conditional Uses (f)
Site Area (min acres/sq.ft)
7,500sf 11250
(d)
(m)
4ac
1ac
10ac
2ac
0.5ac. 10000
1ac
80
80
80ac
2ac
80ac
2ac
80ac
2ac
-
-
20ac
4ac.
15000
Site Width (min feet)
70
90
(j)
100
300
125
200
200
100
75
75
660
660
600
200
600
200
600
200
-
100
-
300
300
100
Front Yard (min feet) (a) (b)
30
30
30
30
125
25
20
10(n)
25
25
25
25
75
75
125(i)
75
125(i)
75
125(i)
75
40
40
40
100
75
30
Side Yard (min feet)(b)
10
10
10
15
25
25
10
0(o)
15
10(p)
10(q)
10
75
75
50(i)
25
50(i)
25
50(i)
25
10
10
25
50
25
10
Corner Side Yard (min. ft.)
10
10
15
15
25
25
10
(o)
15
10(p)
10(q)
15
75
75
15
15
25
50
25
15
Rear Yard (min feet)(b)
25
25
25
25
25
25
20
20
25
25
20(q)
10
75
75
50(i)
25
50(i)
25
50(i)
25
25
25
25
50
25
25
Building Height (max feet)(b)(c)
35
35
35
45
35
35
35
35
35
45
45
45
45
45
35
35
35
35
35
35
35
35
35
35
35
35
Dwelling Area (min sq. feet)
1000
1000
600
400
1000
900
500
-
-
-
-
-
-
-
-
-
-
-
-
-
-
1000
Site Coverage (max percent)
40
40
60
60
15
45
40
60
50
60
-
-
-
-
-
-
-
-
-
-
10
Building Separation (min.)
10
10
Dwelling Width (min feet)
24
24
-
24
-
-
-
-
-
-
-
-
-
-
-
-
-
-
24
24
Floor Area Ratio (FAR)
1.0
1.0
1.0
1.0
Accessory Uses, Buildings and Structures (h)
Front Yard (min feet)(a)(b)
30
30
25
30
125
20
20
25
25
25
25
75
130
125
75
125
75
125
75
40
40
40
100
75
25
Rear Yard (min feet)(b)
5
5
15
15
25
10
20
5
10
10
10
10
75
200
50
25
50
25
50
25
10
10
10
50
25
Side Yard (min feet)(b)
5
5
10
10
25
4
5
(p)
10
10
10
10
75
130
50
25
50
25
50
25
10
10
10
50
25
Corner Side Yard (min. ft.)
10
10
15
25
10
10
(p)
10
10
10
15
75
130
15
15
15
50
25
Building Height (max feet)(c)
18
18
18
18
20
18
20
20
20
20
20
20
45
45
20
30
20
30
20
30
20
20
20
20
20
20
Site Coverage (max percent)
-
-
10
10
-
-
-
15
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Building Area (max sq. feet)
800
800
800
2000
-
800
-
-
-
-
-
-
-
-
-
-
-
-
-
2000 1000
Mixed Use
UH
RC
(e)
Industrial
SNR
PR
LCR
Community Service
MHR
CH
Commercial
I
Agricultural
AL
Use Classes
RS1
RS2
RR
RM
(k)
Residential
RM
(h,l)
See the following sections for additional bulk regulations:
CC
MG
ME
AL1
AG
CR
MB
MEH
RSC
(a) Unless othewise provided front yards shall be as follows: 125 ft if frontage on PTH's and 75 ft on all other Provincial Roads.
(b) See also Section 36.4 Dwelling Setbacks
(c ) Where the maximum height is 35 feet, any structure shall also not exceed 2.5 storeys.
(d) 3,000 sq. ft. per unit.
(e) The maximum gross density shall be 12.36 dwellings per hectare (5.00 dwellings per acre).
(f) See refer to Special Land Use regulations.
(g) Res = Residential Use Class; Agr = Agriculture Use Class
(h) For Multiple Family Dwellings and Non-Residential Use Class developments, the max. coverage is 60%.
(i) Any buildings housing livestock shall be setback a minimum of 200 ft. from any property line.
(j) 30 ft. per unit
Rockwood ZBL 20-19 - Bulk Table - Appendix C (BL 2-23) (14/24)
(l) Bulk Regulations for Multiple Family Dwellings
(k) Bulk Regulations for Townhouses
(m) The min. site area shall be 10,000 sq. ft. for the first four dwelling units and 1,250 sq. ft. for each additional dwelling unit.
(n) Except where adjacent commercial buildings abut the property line and form a pedestrian-oriented shopping street as determined by the Designated Officer then the buildings shall be built to the
property line of the site.
(p) Unless the site abuts a residential area, in which case the required side yard shall be a minimum of 25 ft.
(o) A min. side yard of 10 ft. shall; be required where a site abuts the lot line of a site in the RS-1, RS-2, RM and RC Zones or a Residential Use Class development in the RSC Zone.
(q) Unless the site abuts a residential area, in which case the required yard shall be a minimum of 50 ft. The first 25 ft. from the property line shall be landscaped, including a berm, fence and extensive
landscaping to the satisfaction of the Designated Officer or Council.
Rockwood ZBL 20-19 - Bulk Table - Appendix C (BL 2-23) (14/24)
Section in Zoning By-law
69.2
69.2
69.2
69.2
69.2
69.2
69.2
Uses
Multi Family
Dwelling (g)
Semi-Detached
Dwelling (g)
Single Attached
Dwelling (g)
Single Family
Dwelling (g)
Townhouse
Dwelling (g)
Two Family
Dwelling (g)
Commercial
Uses (i)
Site Area (sq. feet)
(h)
3750 (d)
4000 (e)
5000
3000 (f)
3750 (d)
Site Width (min feet)
100
30 (d)
40 (e)
50
30 (f)
30 (d)
Front Yard (min feet) (a) (b)
25
25
25
25
25
25
10 (j)
Side Yard (min feet)(b)
10
5
5
5
5
5
0 (l)
Corner Side Yard (min. ft.)
15
10
10
10
10
10
(l)
Rear Yard (min feet)(b)
25
25
25
25
25
25
20
Building Height (max feet)(b)(c)
45
35
35
35
35
35
35
Dwelling Area (min sq. feet)
400
600
1000
1000
600
600
Site Coverage (max percent)
60
60
60
60
60
60
60
Building Separation (min.)
10
10
10
10
10
10
Dwelling Width (min feet)
-
-
-
-
-
-
-
Floor Area Ratio (FAR)
-
-
-
-
-
-
1.0
Front Yard (min feet)(a)(b)
25
25
25
25
25
25
Rear Yard (min feet)(b)
15
15
15
5
15
15
5
Side Yard (min feet)(b)
10
4
4
4
4
4
(k)
Corner Side Yard (min. ft.)
15
10
10
10
10
10
(k)
Building Height (max feet)
20
18
18
20
18
18
20
Site Coverage (max percent)
10
10
10
10
10
10
15
Building Area (max sq. feet)
-
800
800
800
800
800
(a) Unless otherwise provided front yards shall be as follows: 125 ft if frontage on PTH's and 75 ft for all other Provincial Roads.
(b) See also Section 36.4 Dwelling Setbacks
(c) Where the maximum height is 35 feet, any structure shall also not exceed 2.5 storeys.
(d) Once subdivided along a party wall. No side yard is required along a party wall.
CM1
See the following sections for additional bulk regulations:
Accessory Uses, Building and Structures
(j) Except where adjacent commercial buildings abut the property line and form a pedestrian-oriented shopping street as determined by the Designated Officer then the buildings shall be built to the
property line of the site.
(k) Unless the site abuts a residential area, in which case the required side yard shall be a minimum of 25 ft.
(l) A min. side yard of 10 ft. shall; be required where a site abuts the lot line of a residential site in the CM1, RS-1, RS-2, RM and RC Zones or a Residential Use Class development in the RSC Zone.
(e) Once subdivided along a party wall. No side yard is required along a party wall
(f) Once subdivided along a party wall. No side yard is required along a party wall
(g) Refer to Special Land Use regulations (Part 2)
(h) The min. site area shall be 10,000 sq. ft. for the first four dwelling units and 1,250 sq. ft. for each additional dwelling unit.
(i) See also Section 65.1 Additional Regulations for the CC Zoning District
RM OF ROCKWOOD
PAGE 143
ZONING BY-LAW NO. 20/19
APPENDIX D:
Animal Unit Inventory List
RM OF ROCKWOOD
PAGE 144
ZONING BY-LAW NO. 20/19
Animal Unit (A.U.) Inventory List
Livestock
A.U. Produced by One
Livestock
Livestock Producing One
A.U.
Dairy
Milking Cows (including associated livestock)
2
0.5
Beef
Beef cows (including associated livestock)
Backgrounder
Summer Pasture/Replacement Heifers
Feedlot Cattle
1.25
0.5
0.625
0.769
0.8
2
1.6
1.3
Hogs
Sows, farrow to finish
Sows, farrow to weanling
Sows, farrow to nursery
Weanlings
Growers/Finishers
Boars (artificial insemination operations)
1.25
0. 25
0. 313
0.033
0.143
0.2
0.8
4
3.2
30
7
5
Chickens
Broilers
Roasters
Layers
Pullets
Broiler Breeder Pullets
Broiler Breeder Hens
0.005
0.01
0.0083
0.0033
0.0033
0.01
200
100
120
300
300
100
Turkeys
Broilers
Heavy Toms
Heavy Hens
0.01
0.02
0.01
100
50
100
Horses
Mares (including associated livestock)
1.333
0.75
Sheep
Ewes, including associated livestock
Feeder Lambs
0.2
0.063
5
16
Goats
Goats
0.14
7
Other livestock or operation type
Please inquire with your regional agricultural engineer or livestock specialist