Rural Municipality of Springfield, Manitoba
· adopted 2010-02-03
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ZONING BY-LAW
NO. 08-01
298 Waterfront Drive
Winnipeg, Manitoba R3B 0G5
Phone: 204.453.8008
Fax: 204.453.6626
e-mail: [email protected]
RURAL MUNICIPALITY
OF SPRINGFIELD
THE RURAL MUNICIPALITY OF SPRINGFIELD
ZONING BY-LAW
BEING SCHEDULE "A"
ATTACHED TO BY-LAW NO. 08-01
OF
THE RURAL MUNICIPALITY OF SPRINGFIELD
TABLE OF CONTENTS
RM OF SPRINGFIELD
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
Page No.
PART I
OPERATIVE AND INTERPRETIVE CLAUSES
1.0
Title and Contents
1
2.0
Non-Conforming Buildings, Structures, Lots and Uses
4
3.0
The Zoning District Maps
5
4.0
Approval Required for Development
7
5.0
Other Legislation
7
6.0
Definitions
8
7.0
Use Class Definitions
31
PART II
GENERAL ADMINISTRATIVE CLAUSES
8.0
Authority and Responsibility of the Development Officer
48
9.0
Responsibilities of Council
50
10.0
Duties of the Owner
50
11.0
Development Classes
51
12.0
Development Permit Application Submissions
52
13.0
Special Information Regulations
56
14.0
Conditions Attached to a Development Permit
57
15.0
Enforcement and Penalties
58
16.0
Rezoning Amendments
59
17.0
Conditional Uses
61
18.0
Variation Orders
62
19.0
Subdivisions
63
GENERAL DEVELOPMENT REGULATIONS
20.0
Applicability
64
21.0
Yards on Corner Lots and Double Fronting Lots
64
22.0
Projections into Yards
64
23.0
Objects Prohibited or Restricted in the RS: Residential Single Family, RT:
Residential Two Family, RM: Residential Multiple Family and RC:
Residential Comprehensive Zoning Districts
65
24.0
Fences
65
25.0
Accessory Uses, Buildings and Structures
67
26.0
Lighting of Sites
68
27.0
Height
69
28.0
Access to Sites
69
29.0
Hard Surfacing of Parking and Loading Areas
69
30.0
Landscaping
70
TABLE OF CONTENTS
RM OF SPRINGFIELD
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
Page No.
GENERAL DEVELOPMENT REGULATIONS
31.0
Moving of Structures
73
32.0
Parking
73
33.0
Signs
77
34.0
Off Street Loading
82
35.0
Excavation, Stripping and Grading
83
36.0
Performance Standards for Industrial Use Class Developments
84
37.0
General Performance Standards for Residential and Commercial Uses
86
38.0
Development Restricted
87
39.0
Streets
92
40.0
Connecting to Municipal Services
92
SPECIAL LAND USE REGULATIONS
41.0
Applicability
93
42.0
Vehicular-Oriented Uses
93
43.0
Home Industries
94
44.0
Home Occupations
95
45.0
Bed and Breakfast Homes
97
46.0
Planned Unit Developments
98
47.0
Private and Semi-Private Swimming Pools and Hot Tubs
99
48.0
Car Brokers
100
49.0
Temporary Additional Dwellings or Mobile Home Dwellings
101
50.0
Residential Related Farms
102
51.0
Livestock Operations
103
52.0
Anhydrous Ammonia Facilities
108
53.0
Small Animal Breeding and Boarding Establishments
108
54.0
Natural Resource Developments
109
55.0
Wayside Pits and Quarries
115
PART III
ZONING DISTRICTS
56.0
Residential Zoning Districts
116
57.0
RS:
Residential Single Family Zoning District
117
58.0
RT:
Residential Two Family Zoning District
119
59.0
RM:
Residential Multiple Family Zoning District
121
60.0
RC:
Residential Comprehensive Zoning District
123
61.0
MHR: Mobile Home Residential Zoning District
125
62.0
RR:
Rural Residential Zoning District
126
TABLE OF CONTENTS
RM OF SPRINGFIELD
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
63.0
Commercial Zoning Districts
128
64.0
CC:
Commercial Central Zoning District
129
65.0
CH:
Commercial Highway Zoning District
131
66.0
CR:
Commercial Recreation Zoning District
133
67.0
Industrial Zoning Districts
135
68.0
MB:
Industrial Business Zoning District
136
69.0
MG:
Industrial General Zoning District
138
70.0
MX:
Industrial Extractive Zoning District
141
71.0
MXH: Industrial Extractive Holding Zoning District
143
72.0
Community Service Zoning Districts
144
73.0
PR:
Parks and Recreation Zoning District
145
74.0
I:
Institutional Zoning District
146
75.0
SNR: Sensitive and Natural Resource Zoning District
147
76.0
Mixed Use Zoning Districts
148
77.0
LCR: Limited Commercial-Residential Zoning District
149
78.0
Hamlet Zoning Districts
151
79.0
HA:
Hamlet Area Zoning District
152
80.0
Development Reserve Zoning Districts
156
81.0
DR:
Development Reserve Zoning District
157
82.0
Agricultural Zoning Districts
159
83.0
AR:
Agriculture Restricted Zoning District
160
84.0
AG:
Agriculture General Zoning District
163
85.0
AI:
Agricultural Intensive Zoning District
166
PART IV
ZONING DISTRICT MAPS
PART I
OPERATIVE AND INTERPRETATIVE CLAUSES
SECTIONS
OPERATIVE AND
1-7
INTERPRETIVE CLAUSES
RM OF SPRINGFIELD
Page 1
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
1.0
Title and Contents
1.1
Title
1)
This By-law may be cited as the Rural Municipality (RM) of Springfield
Zoning By-law.
1.2
Intent and Purpose
The regulations established by this By-law are deemed necessary in order:
1)
To ensure general conformance with the objectives and policies of the RM
of Springfield Development Plan.
2)
To outline the powers and duties of Council, the Development Officer and
the landowner and/or developer as they relate to this By-law.
3)
To regulate the following:
a)
all buildings and structures erected hereafter;
b)
all uses or changes in use of all buildings, structures and land
established hereafter;
c)
all structural alterations or relocations of existing buildings and
structures occurring hereafter; and
d)
all enlargements or additions to existing buildings, structures and
uses.
1.3
Regulation of Uses
1)
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:
a)
is listed in the Zoning District clauses as:
i)
a permitted use development;
ii)
a conditional use development, subject to approval as such;
or
b)
is an accessory use, building or structure.
c)
has been granted a use variance as per Section 97(2) of the Act.
2)
There shall be a maximum of one dwelling unit per lot or parcel of land,
except for the following:
a)
dwelling units that are required for employees or family members,
who in the opinion of Council, will be actively involved in an
agricultural operation;
b)
Single Family Dwellings, Two Family Dwellings, Townhouse
Dwellings, Multiple Family Dwellings or Temporary Additional
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RM OF SPRINGFIELD
Page 2
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
Dwellings or Mobile Home Dwellings as provided for in this By-
law; and
c)
Mobile Home Dwellings in a mobile home park that has been
approved by Council.
3)
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
The contents of this By-law include:
1)
Part I, comprising of Section 1.0 to Section 7.0, outlines the Operative and
Interpretive Clauses.
2)
Part II, comprising of Section 8.0 to Section 55.0, outlines the General
Administrative Clauses, General Development Regulations and Special
Land Use Regulations.
3)
Part III, comprising of Section 56.0 to Section 85.0, outlines the Zoning
District clauses.
4)
Part IV comprises the Zoning District Maps.
1.5
Headings and Titles
1)
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
1)
Words, phrases and terms defined herein shall be given the defined
meaning.
2)
Words, phrases and terms neither defined herein nor defined in By-laws of
the RM of Springfield shall be given their usual and customary meaning
except where, in the opinion of Council, the context indicates a different
meaning.
3)
The phrase used for includes arranged for; maintained for; designed for;
or occupied for.
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RM OF SPRINGFIELD
Page 3
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
4)
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.
5)
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:
a)
and indicates that all the connected items, conditions, provisions or
events shall apply;
b)
or indicates that all the connected items, conditions, provisions or
events may apply singly or in combination; and
c)
either-or indicates that the connected items, conditions, provisions
or events shall apply singly but not in combination.
6)
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.
1.7
Units of Measurement
1)
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
1)
This By-law shall be in full force and effect when the Council of the RM
of Springfield has given it Third Reading.
1.9
Control of Development
1)
No development, other than that designated in Section 11.1, shall be
undertaken in the RM of Springfield unless an application has been
approved and the development permit has been issued.
1.10
Relationship to Former By-laws
1)
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
1)
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
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RM OF SPRINGFIELD
Page 4
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
By-law as a whole or any part thereof beyond that which is declared
invalid.
2.0
Non-Conforming Buildings, Structures, Lots and Uses
1)
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.
2)
Any lawful building or structure which does not conform to one or more
of the applicable yard regulations of the Zoning District in which it is
located, either on the effective date of this By-law or amendments thereto,
shall be deemed to be a permitted building or structure and shall be used
as if it conformed to all such regulations, in accordance with Section 2.0
(5) hereof.
3)
Any legal existing lot which does not conform to the minimum site area,
site width, front yard or access regulations hereof for the Zoning District
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.
4)
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
Zoning District 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.
5)
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.
6)
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.
7)
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.
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RM OF SPRINGFIELD
Page 5
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
8)
A non-conforming building may continue to be used, but the building shall
not be enlarged, added to, rebuilt or structurally altered except:
a)
as may be necessary to make it a conforming building; or
b)
as the Development Officer considers necessary for the routine
maintenance of the building.
9)
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.
10)
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.
11)
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.
12)
Any owner may apply to the Development Officer for a Non-Conforming
Certificate in accordance with provisions of the Act.
3.0
The Zoning District Maps
1)
The Zoning District Maps are Part IV of this By-law, which divide the RM
of Springfield into Zoning Districts and specifies regulations applying to
particular lands.
3.1
Zoning District Boundaries
Should uncertainty or dispute arise relative to the precise location of the boundary
of any Zoning District, as depicted on the Zoning District Maps, the location shall
be determined by the following:
1)
Where a Zoning District 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.
2)
Where a Zoning District boundary is shown as approximately following
the boundary of a site, the site boundary shall be deemed to be the
boundary of the Zoning District for that portion of the Zoning District
boundary which approximates the site boundary.
3)
Where a Zoning District boundary is shown approximately following
Municipal limits, it shall be deemed to be following Municipal limits.
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RM OF SPRINGFIELD
Page 6
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
4)
Where a Zoning District 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.
5)
Where a Zoning District 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.
6)
Where a Zoning District boundary is shown as being parallel to or as an
extension of features noted above, it shall be so construed.
7)
Where features on the ground are at variance with those shown on the
Zoning District Map or in other circumstances not mentioned above, the
Development Officer shall interpret the Zoning District boundaries. Any
such decision may be appealed to Council.
8)
Where a Zoning District 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 Zoning
District:
a)
the disposition of the said boundaries shall be determined by
dimensions indicated on the Zoning District Maps or by
measurements directly scaled from the Zoning District Maps; and
b)
each such portion of the said parcel of land shall be used in
accordance with the applicable Zoning District regulations of this
By-law as if it were a separate site.
3.2
Right-of Way Boundaries
1)
Despite anything contained in this By-law, no Zoning District 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.
2)
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 Zoning District as the abutting land.
3)
Despite Section 3.2 (2), where such abutting lands are governed by
different Zoning Districts, the centre line of the public right-of-way shall
be deemed to be the Zoning District boundary.
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Page 7
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
4.0
Approval Required for Development
1)
No person
a)
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
b)
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
1)
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:
a)
the regulations of the National Building Code as well as applicable
Municipal building regulations and Provincial building code
regulations;
b)
the RM of Springfield Development Plan;
c)
any other appropriate Federal, Provincial or Municipal legislation;
and
d)
the conditions of any caveat, covenant, site plan, development
agreement, variation order or conditional use order, easement,
mineral and sand and gravel title or other instrument affecting a
building or land.
2)
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.
3)
Whenever the provisions of a special agreement or development
agreement entered into between the RM of Springfield 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.
4)
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.
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RM OF SPRINGFIELD
Page 8
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
5.2
Public Utilities and Services
1)
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
1)
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.
2)
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.
3)
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.
4)
Act, the means The Planning Act, being Chapter P80 of the Continuing
Consolidation of the Statutes of Manitoba, and amendments thereto.
5)
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.
6)
Aggregate Extraction Operation means a site including accessory
buildings and structures used for the removal, refinement and/or
processing of sand, gravel, stone or other aggregate resources, and may
include borrow pits, gravel pits and stone quarries, but does not include
an asphalt plant or a concrete plant.
7)
Aggregate Quarry means a quarry from which aggregate is extracted.
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RM OF SPRINGFIELD
Page 9
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
8)
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.
9)
Animal Unit (A.U.) means the number of animals of a particular category
of livestock that will excrete 73.00 kg. (160.93 lb.) of nitrogen in a
twelve month period.
10)
Animal Housing Facility means a barn or an outdoor, non-grazing area
where livestock are confined by fences or other structures, and includes a
feedlot.
11)
Applicant means a registered owner or an owner's authorized agent, who
has filed an application subject to the provisions of this By-law.
12)
Aquifer means a water bearing geological formation that is capable of
producing water to wells or springs in quantities that are economically
useful.
13)
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.
14)
Automated Teller Machine 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.
15)
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.).
16)
Bedroom means a habitable room located within a dwelling unit that is
used primarily for sleeping.
17)
Bedroom Suite means a bedroom located within a dwelling unit that
contains washroom facilities for the exclusive use of the occupants
thereof.
18)
Blank Walls means exterior walls containing no windows, doors or other
similar openings.
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Page 10
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NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
19)
Buffer Strip means a strip of landscaping or vegetation used to provide a
screen between sites in order to mitigate objectionable features between
them.
20)
Building means any structure used or built for the shelter, accommodation
or enclosure of persons, animals, material or equipment.
21)
Building Inspector means the officer or employee of the Municipality
charged with the duty of enforcing the Municipal Building By-law and
any applicable Provincial and National Building Codes or regulations.
22)
Building Permit mans 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.
23)
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.
24)
Carport means a building, open on two sides, which is attached to the
principle dwelling for the shelter of privately owned automobiles.
25)
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.
26)
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.
27)
Common Element means all property within a condominium except the
condominium units.
28)
Composting means a designed and managed system to facilitate the
process of aerobic decomposition of organic matter by biological action.
29)
Conditional Use Order means those uses of land, buildings or structures
which may be permitted in a particular Zoning District but only at the
discretion of Council in accordance with the Act.
30)
Condominium means individual ownership of a unit in a multiple unit
structure where expenses common to all parties are shared.
31)
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.
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32)
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.
33)
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, hoop structure and holding area.
34)
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.
35)
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.
36)
Council means the Council of the Municipal Corporation of the RM of
Springfield.
37)
Cultivated Land means land that is prepared and used for the growing of
crops.
38)
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.
39)
Density means the total number of dwelling units divided by the total land
area to be developed expressed in gross hectares/acres.
40)
Designated Officer shall mean the Chief Administrative Officer, or
Manager of Operations and Services or Development Officer of the
Municipality.
41)
Development Officer means the person appointed by Council for the RM
of Springfield in accordance with the Act.
42)
Development Permit means a permit issued by the RM of Springfield
authorizing development, and may include a building permit.
43)
Development Plan means the RM of Springfield Development Plan
adopted by By-law and as amended.
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44)
Dugout means an earthen excavation designed to collect and store runoff.
45)
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.
46)
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.
47)
Earthen Storage Facility means a structure built primarily from soil,
constructed by excavating or forming dikes, and used to retain livestock
manure.
48)
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.
49)
Enlargement means the addition to the floor area of an existing building
or structure, or an increase in that portion of land occupied by an existing
use.
50)
Extension means an increase in the amount of floor area used for an
existing use, within an existing building.
51)
Environmental Impact Statement means a study prepared in accordance
with established procedures to identify and assess the impacts of
development on a specified feature or system.
52)
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.
53)
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
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applying to farm buildings) means an occupancy having an occupant load
of not more than 1 person per 40 square meters during normal use).
54)
Feedlot means a fenced or enclosed area where livestock are confined
solely for the purpose of growing or finishing, and are sustained by
means other than grazing.
55)
Field Storage means solid livestock manure that is stored in the open air
other than in a manure storage facility.
56)
Floodplain means the area adjoining a river or stream which has been or
may be covered by flood water.
57)
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.
58)
Flood Risk Area means 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.
59)
Floor Area Ratio means the numerical value of the gross floor area of the
building or structure located upon the building site, excluding:
a)
basement areas used exclusively for storage or service to the
building;
b)
parking areas below grade, and
c)
floor areas devoted exclusively to mechanical or electrical
equipment servicing the development, divided by the area of the
site.
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60)
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
Figure 1.
Frontage
61)
Fuel Tank Storage means a tank for the bulk storage of petroleum
products or other flammable liquids which are being legally kept in a
retail store or storage tank which is incidental to the primary use of the
premises.
62)
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.
63)
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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Figure 2.
Established Grade of a Building
64)
Grain Storage Structure means any structure which is designed to store
any type of grain.
65)
Groundwater means water below the surface of the ground.
66)
Habitable Room means any room in a dwelling other than a non-
habitable room.
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67)
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 Zoning District.
Flat Roof
Hip
Gable
Gambrel
Roof
Mansard
Roof
Figure 3.
Height of Buildings
68)
Household means one person or two or more persons voluntarily
associated, plus any dependents, living together as an independent, self-
governing single housekeeping unit.
69)
Institution means a building or part of a building used for a Residential
Related purpose by an organized body or society for promoting a
particular object or cause, but does not include Private Clubs.
70)
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.
71)
Lane means a street not over 10.06 m. (33.00 ft.) in width.
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72)
Livestock means animals or poultry not kept exclusively as pets,
excluding bees.
73)
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 merchandize
or materials, and which abuts upon a street, lane or other appropriate
means of access.
74)
Lot, Corner means a lot located at the intersection of two public
roadways, the interior angle of such intersection not exceeding 135.00
degrees.
75)
Lot, Double Fronting means a lot which abuts two public roadways,
which are parallel or nearly parallel in the vicinity of the lot.
76)
Lot, Interior means any lot other than a corner lot or through lot.
77)
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.
Corner
Lot
Interior
Lot
Flag
Lot
Through
Lot
Irregular
Shaped
Lot
Lot
Interior
Corner
Lot
Irregular
Shaped
Lot
Interior
Lot
Interior
Lot
Street
Street
Street
Figure 4.
Lot Types
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78)
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.
79)
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.
80)
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.
81)
Lot Line, Side means the property line of a lot other than a front lot line
or rear lot line.
Street
Figure 5.
Lot Lines
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82)
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.
83)
Manure Management Plan means a plan prepared in accordance with the
requirements under the Livestock Manure and Mortalities Management
Regulation - 42/98.
84)
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)
a field storage site;
b)
a vehicle or other mobile equipment used to transport or dispose of
manure;
c)
a gutter or concrete storage pit used to store liquid or semi-solid
manure for less than thirty days;
d)
a collection basin; or
e)
a composting site for manure or mortalities.
85)
Mobile Home Park means a parcel of land under one ownership upon
which mobile home spaces are provided for rent or lease and have been
approved by Council.
86)
Mobile Home Site means a site in a mobile home subdivision that may be
purchased for the placement of a mobile home.
87)
Mobile Home Subdivision means a parcel of land subdivided into mobile
home sites that may be sold for the placement of mobile homes.
88)
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.
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89)
Molehill means a storage facility for manure in which manure is
mechanically forced through a pipe and becomes mounded.
90)
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.
91)
Municipal Engineer means the Municipal Engineer as appointed by
Council for the RM of Springfield.
92)
Municipality means the Municipal Corporation of the RM of Springfield.
93)
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.
94)
Nuisance means anything that interferes with the use or enjoyment of
property, endangers personal health or safety, or is offensive to the
senses.
95)
Occupancy Permit means authorization issued in writing pursuant to the
applicable zoning regulations, to occupy any building or part thereof in
the Municipality.
96)
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.
97)
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.
98)
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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99)
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.
100)
Overburden means clay which is excavated or disturbed within an
aggregate extraction operation during quarrying or otherwise.
101)
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.
102) 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.
103) 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.
104) 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.
105) 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.
106) Permitted Use means the use of land, building or structure provided in
this Zoning By-law for which a development permit shall be issued upon
the application having been made, if the use meets all the requirements of
this by-law.
107) Pollution means the presence of foreign substances that adversely affect
the natural constituents of the air, water or soil.
108) 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.
109) 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.
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110)
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.
111) Repair means the renewal or reconstruction of any part of an existing
structure for the purpose of its maintenance or restoration.
112) Secondary Plan means a plan adopted by by-law in accordance with the
Act to guide development or redevelopment in a defined area within the
municipality.
113) 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.
114) Separation Space means open space around dwellings separating them
from adjacent buildings or activities, and providing daylight, ventilation,
and privacy.
115) Setback means the distance that a development or a specified portion of it
must be set back from a lot line.
116) Site means an area of land consisting of one or more abutting lots.
117) Site Coverage means the combined area of all buildings or structures on
the site as a percentage of the site area, measured at the level of the
lowest storey above grade, 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.
118) Site Depth means the average horizontal distance between the front and
rear lot lines of the site.
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BAY
STREET
Figure 6.
Site Depth
119) 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
Development Officer or Council for any proposed development.
120) 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.
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STREET
LANE
Figure 7.
Site Width
121) 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.
122) 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.
123) Solid Manure means manure that contains more than 25.00 percent solid
matter and does not flow when piled.
124) Spread means the act or process of distributing something on or over a
surface.
125) 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.
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126) Stockpile means the placement or storage in a specific location, in an
unnatural manner, so as to create a gradually accumulated reserve of
something.
127) 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.
128) 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.
129) 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.
130) 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.
131) 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.
132) Temporary Buildings and Uses means an incidental use, building or
structure for which a development permit has been issued for a limited
time only.
133) 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.
134) Trailer means a vehicle designed for carrying chattels, and for being
towed by a motor vehicle.
135) 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.
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136) Truck means a motor vehicle that is constructed or adapted to carry
goods, wares, merchandise, freight or commodities, but not passengers.
137) 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.
138) Variation Order means the altering of any of the regulations found in this
By-law in accordance with the Act.
139) 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.
140) 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.
141) Yard, Front means a yard extending all 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.
142) Yard, Rear means a yard extending along the full length of the rear lot
line from the front yard to the rear yard.
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143) Yard, Side means a yard extending along the side lot line from the front
yard to the rear yard.
c
b
a
Side Yard
Rear Yard
c
b
a
Street
c
Figure 8.
Yards
144) Zoning District means a Section contained in Part II of this By-law which
regulates the use and development of land as depicted on the Zoning
District Map comprising Part IV of this By-law.
145) Zoning Lot means a parcel of land that abuts a public street or an
unimproved street that is to be improved as a public street to serve that lot
pursuant to an agreement with the Municipality.
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:
1)
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.
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2)
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.
3)
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.
4)
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)
5)
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.
6)
Copy means the letters, graphics or characters which make up the message
on the sign face.
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7)
Copy Area means the total area within one or more rectangles which
enclose the entire limits of the copy.
8)
Directional Sign means on-premise or off-site signs providing direction to
pedestrian or vehicular traffic without advertising copy, except a business
logogram.
9)
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.
10)
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.
11)
Free Standing Sign means any sign supported independently of a
building and permanently fixed to the ground.
12)
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.
13)
Height (sign) means the vertical distance measured from the finished
ground surface directly under the sign to the highest point of the sign.
14)
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.
15)
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.
16)
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)
17)
Official Sign means a sign required by, or erected pursuant to, the
provisions of Federal, Provincial or Municipal legislation.
18)
Portable (Mobile) 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 be
readily 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.
19)
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.).
20)
Real Estate Sign means a sign displaying real estate copy.
21)
Roof Sign means any sign erected upon, against, or above a roof, or on
top of or above, the parapet of a building.
22)
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,
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activity, person, institution or business. Without limiting the generality of
the foregoing, signs shall include banners, placards, and painted messages.
23)
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.
25)
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.
26)
Sign Structure means any structure which supports a sign, including
materials used to conceal or improve the visual appearance of the
structural parts.
27)
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.
28)
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
1)
The Use Classes group individual land uses into a specified number of
classes, with common functional or physical impact characteristics.
2)
The Use Classes of this Section are used to define the range of uses which
are permitted or conditional within the various Zoning Districts of this By-
law.
3)
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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4)
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 Development 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 Zoning
District.
7.1
Residential Use Classes
1)
Cottage Dwelling means a permanent dwelling unit used as a part-time or
seasonal residence.
2)
Institutional Residence means a premises which is intended for the
training, treatment, rehabilitation, housing, care and/or supervision of
persons requiring medical assistance. This Use Class includes nursing
homes, personal care homes, residential care homes, and rehabilitation
homes.
3)
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.
4)
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.
5)
Semi-Detached Dwelling means the whole of a building divided
vertically into two separate dwelling units, each of which has an
independent entrance.
6)
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.
7)
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,
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ready-to-move dwelling and modular home dwelling, but not a Mobile
Home Dwelling.
8)
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.
9)
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.
7.2
Residential-Related Use Classes
1)
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.
2)
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.
3)
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.
4)
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.
5)
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.
6)
Lodge means development used for the accommodation of the public and
may include self-contained cabins, cottages or housekeeping units.
7)
Temporary Additional Dwelling or Mobile Home Dwelling means a
dwelling unit or Mobile Home Dwelling that is placed on the same site as
a Single Family Dwelling on a temporary basis.
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7.3
Commercial Use Classes
1)
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.
2)
Airport and Associated Facilities means land or water which is used
or intended for the landing or take-off of aircraft and any associated
areas which are used or intended for use for airport buildings or other
airport facilities or right-of-ways including taxi-ways, aircraft storage
and hangars.
3)
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.
4)
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.
5)
Auctioneering Establishment means a development specifically
intended for the auctioning of goods and equipment, including
temporary storage of such goods and equipment.
6)
Automotive and Equipment Repair Shop means a development used
for the servicing and mechanical repair of automobiles, motorcycles,
snowmobiles and similar vehicles or the sale, installation or servicing of
related accessories and parts. This Use Class includes transmission
shops, muffler shops, tire shops, automotive glass shops, upholstery
shops, and body repair and paint shops.
7)
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.
8)
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.
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9)
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.
10)
Car Broker means a development used for the retail purchase and sale
of used passenger 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.
11)
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.
12)
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 includes: 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.
13)
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.
14)
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.
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15)
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.
16)
Custom Manufacturing Establishment means a development used for
small-scale on-site production of goods.
17)
Drive-In 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.
18)
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.
19)
Equipment Rentals and Sales means a development used for the rental
or sale of tools, appliances, recreation craft, office machines, furniture,
light construction equipment, or similar items.
20)
Fleet Service means a development using a fleet of vehicles for the
deliver 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.
21)
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.
22)
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.
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23)
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.
24)
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.
25)
General Storage means a development used exclusively for temporary
indoor or outdoor storage of goods, materials and merchandise. This Use
Class does not include automobile wrecking yards, salvage yards, scrap
metal yards, or the storage of hazardous goods or waste.
26)
Greenhouse, Plant and Tree Nursery means a development used
primarily for the raising, storage and sale of bedding, household,
horticultural and ornamental plants.
27)
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.
28)
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.
29)
Household Repair Service means a development used for the provision
of repair services to goods, equipment and appliances normally found
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within a dwelling unit. This Use Class includes radio, television and
appliance repair shops, furniture refinishing and upholstery shops.
30)
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.
31)
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.
32)
Mobile Catering Food Service means a development using a fleet of
vehicles for the delivery and sale of food to the public.
33)
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.
34)
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.
35)
Outdoor Amusement Establishment means a permanent commercial
development providing facilities for entertainment and amusement
activities which primarily take place out-of-doors and where patrons are
primarily participants. Typical uses include amusement parks, go-cart
tracks, racetracks, motor-cross and all-terrain vehicles, and miniature golf
establishments.
36)
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.
37)
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,
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dressmakers, shoe repair shops, and dry cleaning establishments and
laundromats.
38)
Pet Cemetery means a development of a parcel of land for the burial of
household pets as determined by the Development Officer.
39)
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.
40)
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.
41)
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.
42)
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.
43)
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.
44)
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.
45)
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
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and the sale of parts and accessories. Typical uses include truck
dealerships, recreation vehicle sales and mobile home dealerships.
46)
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. The Use Class includes automotive repair, eating and
drinking areas, gas bar, retail sales, and service station as accessory uses.
47)
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
Industrial Use Classes
1)
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.
2)
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.
3)
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.
4)
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
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adjacent site. Typical uses include commercial manufacturing and
research facilities.
5)
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.
6)
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 batching
plants.
7)
Small Scale Industrial means light manufacturing, assembly or
distribution of ready made products on a small scale that are generally
used to diversify active farming operations.
8)
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.
9)
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. This
Use Class includes vehicle repair shops, eating and drinking areas, gas
bars, retail sales and service stations as accessory uses.
10)
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.
7.5
Agricultural Use Classes
1)
Abattoir means a building, structure, or part thereof, used for the
slaughtering of animals and related activities.
2)
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.
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3)
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 Natural Resource Developments.
4)
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.
5)
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.
6)
Agricultural Product Storage means the temporary storage of any
agricultural product for future use, delivery or processing as per The
Environment Act.
7)
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.
8)
Anhydrous Ammonia Facility means an area for the storage of
anhydrous ammonia that is commonly used as a fertilizer.
9)
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.
10)
Composting means a designed and managed system to facilitate the
process of aerobic decomposition of organic matter by biological action.
11)
Equestrian Establishment means a facility engaged in the training of
horses or the operation of a horse riding academy or horse riding stables.
12)
Farm Produce Outlet means a building or structure where farm produce
is sold in season.
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13)
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.
14)
Game Farm means a development where elk, wild boar, bison, etc. are
held in captivity, pursuant to The Livestock Industry Diversification Act
and The Wildlife Act.
15)
Livestock Operation means a permanent or semi-permanent facility or
non-grazing area where livestock producing at least 10.00 Animal Units
are kept or raised, either indoors or outdoors, and includes all associated
manure collection facilities, but does not include:
a)
an operation for the slaughter or processing of livestock;
b)
an operation for the grading or packing of livestock or livestock
products;
c)
an operation for transporting livestock or livestock products;
d)
a livestock auction mart;
e)
an agricultural fair; and
f)
a livestock sales yard where livestock are kept no longer than three
days.
16)
Residential Related Farm means a development for small scale,
residential related 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.
17)
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.
18)
Vacation Farm Operation means an accessory development to a farm
operation that provides temporary accommodations with or without meals
to members of the travelling public for remuneration. This Use Class
includes Tourist Campsites, Lodges and sites for motor homes or travel
trailers.
7.6
Natural Resource Development Use Classes
1)
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.
2)
Mineral Exploration means the activity of searching for new mineral
deposits.
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3)
Natural Resource Development means a development for the on-site
removal, extraction, washing, crushing, mixing and primary processing of
raw material found on or under the site, or accessible from the site.
Typical uses in this class include gravel pits, sandpits, and stripping of
topsoil and peat moss.
4)
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.
5)
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.
6)
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
Basic Service Use Classes
1)
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, cineraria,
columbaria, and mausoleums. Typical uses include memorial parks, burial
grounds and gardens of remembrance.
2)
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.
3)
Government Service means a development providing Municipal,
Provincial or Federal government services directly to the public. Typical
uses include government offices, taxation offices, courthouses, postal
distribution offices, correctional centres and jails, manpower and
employment offices, and social service offices.
4)
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
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services. Typical uses in this class include police stations, fire stations and
ancillary training facilities.
5)
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, water treatment plants, lift
stations, and waste recycling plants.
7.8
Community, Educational, Recreational and Cultural Service Use Classes
1)
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.
2)
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.
3)
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.
4)
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.
5)
Outdoor Participant Recreation Service means a development
providing facilities which are available to the public at large for sports and
active recreation conducted outdoors. Typical uses include golf courses,
driving range, ski hills, sports fields, skate board park, rock climbing,
outdoor tennis courts, unenclosed ice surfaces or rinks, athletic fields,
boating facilities, outdoor swimming pools, bowling greens, paintball
games, riding stables and fitness trails.
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6)
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.
7)
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.
8)
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.
9)
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.
10)
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, interpretive centres, picnic grounds, pedestrian trails and paths,
landscaped buffers, playgrounds, water features, amphitheatres, and
athletic fields.
11)
Religious Assembly means a place of worship and related activities.
Typical uses include churches, chapels, mosques, temples, synagogues,
parish halls, convents and monasteries.
12)
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
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storage, or accommodation for residential use. Typical uses include
recreational vehicle parks, campsites and tenting grounds.
PART II
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8.0
Authority and Responsibility of the Development Officer
8.1
Establishment and Appointment
1)
The Development Officer shall be any person appointed by the Council of
the RM of Springfield to occupy the position of Development Officer.
8.2
Development Officer Duties and Responsibilities
The Development Officer:
1)
Shall review each development permit application to ascertain whether it
conforms to the adopted RM of Springfield 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.
2)
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.
3)
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.
4)
May give notice of his/her decision on applications for development as
follows:
a)
where an application has been approved notice to the applicant
shall be given in writing by ordinary mail; or
b)
where an application has been refused, notice in writing shall be
given to the applicant, by ordinary mail, and such notice shall state
the reason for refusal.
5)
Shall receive, review and process development applications.
6)
Shall perform other such duties as described or implied elsewhere in this
By-law or required by Council.
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7)
A person who is unsatisfied with a decision or order of the Development
Officer may request Council to review the decision or order by written
notice within 14 days after the person receives the decision or order.
8)
After giving the person a reasonable opportunity to be heard, Council may
confirm, vary, substitute or cancel the order or decision.
8.3
Entry for Inspection and Other Purposes
1)
The Development Officer may, after giving reasonable notice to the owner
or occupier of the land or a building or other structure to be entered:
a)
enter the land, building or structure at any reasonable time for the
purpose of administering or enforcing this By-law in accordance
with the Act;
b)
request that anything be produced to assist in inspection, remedy,
or enforcement; and
c)
make copies of anything related to the inspection, remedy, or
enforcement.
2)
The Development Officer must display or produce on request
identification showing his/her official capacity.
3)
In an emergency or in extraordinary circumstances, the Development
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
1)
The Development Officer may approve, with or without conditions, a
minor variation not to exceed 10.00 percent of the regulations of this By-
law governing height, distance, area, size or intensity of use regulations.
8.5
Public Inspection of Applications
1)
The Development 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 Development Officer shall:
1)
Make available to the public during normal office hours copies of this By-
law and all subsequent amendments thereto.
2)
Charge the specified fee for supplying to the public copies of this By-law.
9.0
Responsibilities of Council
Subject to the provisions of the Act, the Council is responsible for:
1)
The enactment of this By-law.
2)
Administering and enforcing those provisions of the Act, where
applicable.
3)
Considering the adoption or rejection of proposed amendments or the
repeal of this By-law.
4)
Approving or rejecting variation order applications.
5)
Approving or rejecting conditional use order applications and considering
revoking the authorized conditional use order for any violation of any
conditions imposed by it.
6)
Establishing a schedule of fees.
10.0
Duties of the Owner
1)
Neither the granting of a development permit nor the approval of the
drawings and specifications or the inspections made by the Development
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 Springfield.
2)
Every owner shall:
a)
permit the Development 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;
b)
after the development application has been approved and the
permit issued, notify the Development Officer and obtain his/her
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approval before doing any work that is not in compliance with the
approved documents filed;
c)
be responsible for obtaining, where applicable, from the
appropriate authorities, permits or licenses relating to the
buildings, grades, plumbing, on-site waste management, blasting,
street, occupancy, electrical, highways, and all other permits
required in connection with the proposed work; and
d)
comply with all applicable Provincial and Federal government
legislation including any permits, certificates and/or licences.
11.0
Development Classes
The following classes of development are hereby established.
1)
Class A
No Development Permit Required
2)
Class B
Permitted Use
3)
Class C
Conditional Use
11.1
Class A Development (No Development Permit Required)
No development permit from the RM of Springfield 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 Development 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:
1)
Regular maintenance and repair of any development provided it does not
include structural alterations.
2)
Private driveways and patios which are accessory to a development.
3)
A fence, wall, or gate not exceeding 2.00 m. (6.56 ft.) in height.
4)
An accessory building that:
a)
is less than 10.00 sq. m. (107.64 sq. ft.) in area;
b)
does not exceed 4.57 m. (15.00 ft.) or one storey in height; and
c)
is not considered a hazard by the Development Officer.
5)
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. (2.00 ft.)
above grade unless it is anchored to the building.
6)
Landscaping where the existing grade and natural surface drainage pattern
is not materially altered.
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7)
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
Development Officer.
8)
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:
a)
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;
b)
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;
c)
signs of a duly constituted governmental body, including traffic or
regulating devices, legal notices, railway crossing, danger or other
emergency signs;
d)
one real estate sign;
e)
election campaign signs during Federal, Provincial, Municipal and
School Board election periods and up to seven (7) days after the
election; and
f)
non-illuminated directional signs, each sign not to exceed 0.50 sq.
m. (5.38 sq. ft.) in sign area.
9)
The use of vacant farmland, farm buildings and structures for permitted
agricultural activities, excluding livestock operations.
10)
When a change in land use is from one agricultural activity to another,
excluding livestock operations.
12.0
Development Permit Application Submissions
12.1
General Conditions
1)
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 Zoning District or
any other Section of this By-law and until the applicant has paid the
appropriate fee.
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2)
Despite Section 12.1(1) of this By-law, the Development 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.
3)
The Development 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.
4)
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.
5)
The approval of any application, drawings, or the issuing of a
development permit shall not prevent the Development 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.
6)
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.
7)
Any development permit issued on the basis of incorrect information
contained in the application shall be invalid.
8)
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 Development Officer may approve, and
shall be fully dimensioned, accurately figured, explicit and complete.
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:
1)
The municipal address of land and buildings presently occupying the site,
if any.
2)
A status of Title that has been issued within thirty (30) days of the
application.
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3)
A legal description of the land on which the proposed development is to
occur, by lot, block, subdivision and registered plan numbers.
4)
The applicant's name, address and interest in the land.
5)
A sketch plan of the site, showing the location of the proposed
development relative to the boundaries of the site.
6)
Description of the work to be performed with respect to:
a)
change in current occupancy of land use; or
b)
description of proposed development or building operations.
7)
Identification of the scale of the development with respect to:
a)
gross floor area of the development in square metres;
b)
area of the site covered in square metres;
c)
height of the structure in metres; and
d)
number of floors or storeys.
8)
The estimated value, in dollars, of the proposed work.
9)
A site plan, at a minimum scale of 1:500, showing the following:
a)
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;
b)
setbacks, separation distances and yard dimensions;
c)
the location of all buildings or structures in relation to property
lines; and
d)
dimensioned layout of existing and proposed parking areas,
driveways, entrances and exits, abutting public roadways, median
breaks and auxiliary lanes.
10)
Identification of the scale of the development with respect to the number
of dwellings, or establishments for commercial, industrial or other
purposes.
11)
If required by the Development Officer, a site plan at a minimum scale of
1:500, showing:
a)
the location of sidewalks and walkways; where applicable,
parking, loading, storage, outdoor service and display areas; and
b)
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.
12)
Floor plans at minimum scale of 1:100, indicating all uses or occupancies,
storage and garbage holding areas.
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13)
Elevations and drawings, indicating sections and the bulk of buildings, at a
minimum scale of 1:100.
14)
Number of parking and loading spaces required and provided.
15)
A building location certificate, if required by the Development Officer.
16)
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:
1)
A plan showing the location of adjacent buildings and structures indicating
the approximate height and number of storeys.
2)
Excluding the Agricultural and Natural Resource Development Use
Classes, a description of the exterior finishing materials to be used.
3)
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:
1)
The municipal address and legal description of the land or building where
the sign is to be erected.
2)
The applicant's name, address, telephone number and interest in the land.
3)
The name of the business or development where the signs is to be erected.
4)
Whether the development where this sign is to be erected is single
business occupancy or multiple business occupancy development.
5)
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.
6)
Two sets of working drawings for the proposed sign showing:
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a)
the overall dimensions of the sign, including all sign boxes and
cabinets;
b)
a description or illustration of the copy to be displayed on the sign;
c)
the method of illumination, if any;
d)
the materials from which the sign is to be constructed; and
e)
method used to support the sign and the type of wall construction if
the sign is anchored to a building.
7)
Two sets of a sketch plan showing:
a)
the location of the sign on the building;
b)
the clearance from grade from the lowest portion of the sign;
c)
maximum extension of the sign above the building roof or parapet
wall;
d)
the distance of the maximum projection of the sign beyond the
building wall; and
e)
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
1)
When an application for a development permit is submitted to the
Development Officer for the development of a site abutting a water course
and Municipal drain, the Development 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
Development Officer and in accordance with the RM of Springfield Lot
Grade By-law, as amended.
2)
Despite anything contained herein, the Development 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:
a)
test borings;
b)
ground water piezometer test;
c)
slope indicators where necessary;
d)
identification of any sub-surface mining operations;
e)
river erosion analysis; and
f)
surface erosion analysis.
The detailed engineering study shall conclude with the registered
Professional Engineer certifying that the foundations proposed for the
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development are designed with full knowledge of the soil conditions and
the proposed siting of the development upon this site.
3)
The Development 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 Development Officer or Certified Professional
Engineer of Manitoba has unstable soil conditions.
4)
The Development 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
1)
The Development Officer or Council may impose, with respect to a
permitted use, such conditions as are required to ensure compliance with
this By-law.
2)
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.
3)
The Development 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.
4)
The Development Officer or Council may, as a condition of issuing a
development permit, require that an applicant enter into an agreement or
an interim agreement, which shall be attached to and form part of such
development permit, to do all or any of the following:
a)
to construct, or pay for the construction of, or improvement to, a
public roadway required to give access to the development;
b)
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;
c)
to install, or pay for the installation of, utilities that are necessary
to serve the development, or pay the recovery costs of services
which have already been installed;
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d)
to repair, improve or reinstate, or to pay for the repair,
improvement or reinstatement, of any street furniture, curbing,
sidewalk, boulevard landscaping and tree planting which may be
damaged or destroyed or otherwise harmed by the development or
building operations upon the site; and
e)
to construct, or pay for the construction of, or improvement to,
land drainage works that are necessary to serve the development.
5)
The Development 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
Offences
1)
Any owner, lessee, tenant or occupant of land, or a building or a structure
thereon, who, with respect to such land, building or structure:
a)
contravenes; or
b)
causes, suffers or permits a contravention of, any provision of the
Act, a development permit, a development agreement or this By-
law;
commits an offence.
2)
Any contractor, worker, or other person who constructs a building or
structure, or makes an addition or alteration thereto:
a)
for which a development permit is required but has not been issued
or is not subsisting under this By-law; or
b)
in contravention of a condition of a development permit issued
under this By-law;
commits an offence.
15.2
Penalties
1)
Fines and penalties will be imposed as per the Act.
15.3
Suspension or Revocation of the Development Permit
1)
The Development Officer may suspend or revoke a development permit
where:
a)
the applicant fails to comply with the conditions of issuance of a
permit; or
b)
any person undertakes or causes or permits any development on a
site contrary to the terms or conditions of a permit.
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2)
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 Development Officer so requiring, and shall not resume such
development unless a permit has been issued or the permit reinstated.
16.0
Rezoning Amendments
16.1
Text and Mapping Amendments
1)
Any person applying to amend Parts I, II, III and IV of this By-law shall
apply in writing to the Development Officer, furnishing reasons in support
of the application and requesting that the Development Officer submit the
application to the Council.
2)
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 Development Officer in
accordance with the provisions of this Section of the By-law before it
considers the amendment proposed by such person.
3)
Any person applying to amend Part III of this By-law to change the
Zoning District governing any land shall apply in writing to the
Development Officer and submit the following to the Development
Officer:
a)
a status of Title which has been issued no later than 30 days prior
to the receipt of the amendment application by the Development
Officer;
b)
the applicant's name, signature, address and interest in the
property;
c)
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;
d)
the appropriate application fee; and
e)
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
1)
Upon receipt of an application for a rezoning amendment, the
Development Officer shall forward the application to Council for review.
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2)
If Council deems it appropriate to give the application first reading, the
Development Officer shall then examine the proposed amendment or
undertake an investigation and analysis of the potential impacts of
development under the proposed Zoning District. The analysis shall be
based upon the full development potential of the uses and development
regulations specified in the proposed Zoning District and not on the merits
of any particular development proposal. The analysis shall, among other
things, consider the following impact criteria:
a)
relationship to and compliance with the RM of Springfield
Development Plan and Council policy;
b)
compatibility with surrounding development in terms of land use
function and scale of development;
c)
traffic impacts;
d)
relationship to, or impacts on utility services and public facilities
such as recreational facilities and schools;
e)
relationship to Municipal land, right-of-way or easement
regulations;
f)
effect on stability, retention and rehabilitation of desirable existing
uses, buildings, or both in the area;
g)
necessity and appropriateness of the proposed Zoning District in
view of the stated intentions of the applicant;
h)
relationship to the documented concerns and opinions of area
residents regarding the application;
i)
groundwater and soil conditions; and
j)
topographical, physical and natural features.
3)
The Development Officer may prepare a written report on the proposed
amendment and advise the applicant of the hearing date.
4)
The Development 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 Development Officer.
5)
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 Development Officer for his/her report and recommendation.
6)
Every rezoning application shall be accompanied by the required fee as set
out by Council.
7)
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.
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16.3
Notification of Amendments
1)
Prior to consideration by Council of a proposed rezoning amendment, the
Development Officer shall place a public notice in compliance with the
Act.
17.0
Conditional Uses
1)
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.
2)
Any change in a conditional use shall be subject to the provisions of this
Section and the appropriate provisions of the Act.
3)
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.
4)
An application for approval of a conditional use shall be filed with the
Development Officer and shall be in such form and accompanied by such
information and fees as determined by Council.
4)
Council may request the Development Officer to prepare a written report
that identifies potential impacts. The analysis shall, among other things,
consider the following impact criteria:
a)
relationship to and compliance with the RM of Springfield
Development Plan and Council policy;
b)
compatibility with surrounding development in terms of land use
function and scale of development;
c)
traffic impacts;
d)
relationship to, or impacts on utility services and public facilities
such as recreational facilities and schools;
e)
relationship to Municipal land, right-of-way or easement
regulations;
f)
effect on stability, retention and rehabilitation of desirable existing
uses, buildings, or both in the area;
g)
relationship to the documented concerns and opinions of area
residents regarding the application;
h)
groundwater and soil conditions; and
i)
topographical, physical and natural features.
5)
Prior to consideration by Council of a conditional use application, the
Development Officer shall place a public notice in compliance with the
Act.
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6)
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:
a)
additional buffering measures such as increased yard setbacks,
berms and fencing;
b)
performance standards dealing with such potential impacts as
noise, odour and vibration;
c)
limiting the hours of operation;
d)
imposing design and siting regulations including landscaping,
outdoor lighting, refuse and storage areas, and building design and
architectural appearance;
e)
the owner/applicant upgrading certain municipal services such as
roads and ditches;
f)
a letter of credit related to municipal improvements such as road or
drainage works;
g)
liability insurance protecting the municipality from any future legal
claims, including environmental contamination to water sources; or
h)
the owner/applicant entering into a development agreement with
the Municipality.
7)
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.
8)
A conditional use approval expires if the use begins operations within two
(2) years of the date of approval but later ceases operations for two (2)
consecutive years unless otherwise specified in the terms of approval due
to special conditions.
9)
Unless otherwise provided in a Conditional Use Order, all approved
conditional uses:
a)
shall be operated in accordance with all plans and documents
submitted as part of the application; and
b)
shall comply with all other applicable provisions of this By-law.
18.0
Variation Orders
1)
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.
2)
An application for a variation order shall be filed with the Development
Officer, and shall be in such form and accompanied by such information
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and fees as determined by the Development Officer or Council.
3)
Prior to consideration by Council of a proposed variation order, the
Development Officer shall place a public notice in compliance with the
Act. Council may request the Development Officer to prepare a written
report that assesses the merits and implications of the proposed
application.
4)
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.
5)
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
1)
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 Zoning District in which the site is located.
2)
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 RM of Springfield Development Plan.
3)
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.
4)
In addition to the requirements contained herein, all subdivisions shall
conform to the provisions of the RM of Springfield Development Plan, and
the provisions of the Act, where applicable.
GENERAL DEVELOPMENT REGULATIONS
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20.0
Applicability
1)
The General Development Regulations apply to any development on any
site, irrespective of the Zoning District in which it is located.
21.0
Yards on Corner Lots and Double Fronting Lots
1)
In the case of a corner lot, the front yard shall be the yard abutting the
front lot line.
2)
Despite Section 21.0(1) of this By-law, the Development 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.
3)
The Development Officer may require a double fronting lots 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:
1)
Uncovered walks, wheelchair ramps, trellises, flagpoles, lighting fixtures
and lampposts.
2)
Verandas, porches, eaves, decks, 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
Development Officer, are of a similar character, provided such projections
do not exceed 0.61 m. (2.00 ft.).
3)
Bay, oriel, or similar windows, provided that such projections do not
exceed 0.61 m. (2.00 ft.).
4)
Balconies, provided with such projections do not exceed 0.61 m. (2.00 ft.).
5)
Any loading space required under the regulations of this By-law, provided
it shall not be in a required front yard.
6)
An off-street parking area when comprised of parking spaces required
under this By-law, provided that no parking area in any Zoning District
shall be located within the first 6.1 m. (20.00 ft.) of a required front yard
or front separation space. This shall not prohibit the use of a required
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front yard for such walkways and driveways as the Development Officer
considers necessary.
23.0
Objects Prohibited or Restricted in the RS: Residential Single Family, RT:
Residential Two-Family, RM: Residential Multiple Family and RC: Residential
Comprehensive Zoning Districts
No person shall keep in any part of a site in the RS: Residential Single Family,
RT: Residential Two-Family, RM: Residential Multiple Family and RC:
Residential Comprehensive Zoning Districts:
1)
Any commercial vehicle, loaded or unloaded, of a maximum weight
exceeding 6,804.00 kg. (15,000.00 lb.) gross vehicle weight.
2)
Any dismantled or wrecked vehicle for more than fourteen consecutive
days unless otherwise authorized under The Derelict Vehicle By-law.
3)
Any object or chattel which, in the opinion of the Development Officer or
Council, is unsightly or tends to adversely affect the amenities of the area.
4)
Any aboveground or belowground Bulk Storage Facility.
24.0
Fences
24.1
General
1)
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: Residential Single Family, RT: Residential Two-
Family, RM: Residential Multiple Family and RC: Residential
Comprehensive Zoning Districts
A fence in the RS: Residential Single Family, RT: Residential Two-Family, RM:
Residential Multiple Family and RC: Residential Comprehensive Zoning
Districts:
1)
Shall not include electric fences or barbed wire fences.
2)
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:
a)
1.22 m. (4.00 ft.) in a required front yard; and
b)
2.00 m. (6.56 ft.) in a required side or rear yard.
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3)
Notwithstanding the above, the permitted height of a fence can be
increased or decreased at the discretion of the Development Officer to
reflect the grade of surrounding sites.
24.3
Fences in the Other Zoning Districts, Excluding the RR: Rural
Residential, AR: Agriculture Restricted, AG: Agriculture General
and AI: Agriculture Intensive Zoning Districts
A fence in the other Zoning Districts, excluding the RR: Rural Residential, AGL:
Agriculture Restricted, AG: Agriculture General and AI: Agriculture Intensive
Zoning Districts:
1)
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.
2)
Shall not be higher than:
a)
1.22 m. (4.00 ft.) in a required front yard; and
b)
2.00 m. (6.56 ft.) in a required side or rear yard.
3)
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.
4)
Notwithstanding the above, for Industrial and Commercial Use Class
developments:
a)
the maximum height of a fence located in a rear yard shall be 3.66
m. (12.00 ft.); and
b)
outside storage shall not be allowed to project above the height of
the fence.
5)
Notwithstanding the above, the permitted height of a fence can be
increased or decreased at the discretion of the Development Officer to
reflect the grade of surrounding sites.
24.4
Fences in the AR: Agriculture Restricted, AG: Agriculture General
and AI: Agriculture Intensive Zoning Districts
1)
An electric fence is allowed in the AR: Agriculture Restricted, AG:
Agriculture General and AI: Agriculture Intensive Zoning Districts where
an approved Equestrian Establishment, Game Farm, Livestock Operation
or Residential Related Farm Use Class development is located but shall
not include electrified barbed wire fences.
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24.5
Fences in the RR: Rural Residential Zoning Districts
1)
An electric fence is allowed in the RR: Rural Residential Zoning District
where an approved Equestrian Establishment, Game Farm, Livestock
Operation or Residential Related Farm Use Class development is located
but shall not include electrified barbed wire fences.
2)
Shall not be higher than:
a)
1.22 m. (4.00 ft.) in a required front yard; and
b)
2.00 m. (6.56 ft.) in a required side or rear yard.
25.0
Accessory Uses, Buildings and Structures
Accessory Uses, Buildings and Structures shall comply with the following
regulations:
1)
Accessory developments are permitted when accessory to a permitted use.
2)
Accessory developments are conditional when accessory to a conditional
use.
3)
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.
4)
Excluding Farm Buildings and related structures, 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.
5)
No accessory building or structure shall be used as a dwelling unit.
6)
Accessory buildings and structures shall be located on a site as follows:
a)
where the accessory building is attached to a main building, it shall
be subject to, and shall conform to, all regulations of this By-law
applicable to the principal building; and
b)
where the accessory building is detached from the principal
building, it shall not be located closer than 3.00 m. (9.84 ft.) clear
of all projections to the principal building, nor shall it be located
closer to a public roadway than the front wall of the principal
building.
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7)
Accessory buildings or structures shall be subject to the regulations for the
applicable Zoning District.
8)
Notwithstanding Section 25.7 of this By-law, the maximum height of
accessory buildings or structures on a site which abuts a site in the RS:
Residential Single Family, RT: Residential Two-Family, RM: Residential
Multiple Family and RC: Residential Comprehensive Zoning District shall
not be greater than the height of the principal buildings permitted in the
said abutting Zoning District.
25.4
Temporary Buildings and Uses
1)
A development permit for a temporary building, structure or use shall be
subject to such terms and conditions as required by Council or the
Development Officer.
2)
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.
3)
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:
a)
may be used as an office space for the contractor or developer;
b)
may be used as a temporary placement of concrete and asphalt
batch plants that are incidental to and necessary for highway
construction and maintenance;
c)
shall not be used for human habitation, except as temporary
accommodation for a caretaker, watchman or construction
workers; and
d)
shall not be detrimental to the public health, safety, convenience
and general welfare, nor detract from the aesthetic value of the
neighbourhood.
4)
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:
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1)
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.
2)
If ground mounted, the maximum height shall be 10.67 m. (35.00 ft.).
3)
Wall-mounted lights must have fully shielded luminaries to direct all light
downward.
27.0
Height
1)
In determining whether a development conforms to the maximum height
permissible in any Zoning District, 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
Development Officer.
28.0
Access to Sites
1)
All access locations and curb crossings shall require the approval of the
Development Officer or Municipal Engineer. Permits for:
a)
developments adjacent to Provincial Trunk Highways shall be
required from the Highway Traffic Board; and
b)
developments adjacent to Provincial Roads as well as all
Provincial Access Roads shall be required from Manitoba
Infrastructure & Transportation.
29.0
Hard Surfacing of Parking and Loading Areas
1)
Every off-street parking and loading space provided or required in the CC:
Commercial Central, CH: Commercial Highway or CR: Commercial
Recreation Zoning Districts shall be hard surfaced if such area lies in front
of the principal building.
2)
Every off-street parking and loading space provided or required in the CC:
Commercial Central, CH: Commercial Highway or CR: Commercial
Recreation Zoning Districts or the MB: Industrial Business Zoning
District, including the access thereto, shall be hard surfaced if the access is
from a public roadway which is hard surfaced.
3)
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:
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Commercial Highway, or CR: Commercial Recreation Zoning Districts or
the MB: Industrial Business, MG: Industrial General, MXH: Industrial
Extractive Holding, or MX: Industrial Extractive Zoning Districts need not
be hard surfaced, but shall be of such a surface that will minimize the
carrying of dirt or foreign matter onto the public roadway.
30.0
Landscaping
30.1
Landscaping in Commercial, Industrial, Community, Educational,
Recreational and Cultural Service and Residential Use Class
Developments (excluding Single Family Dwellings)
1)
A landscaping plan is required and no landscaping work shall be
commenced unless the landscaping plan is approved by the Development
Officer.
2)
A landscaping plan shall contain the following information for the site and
adjacent boulevards:
a)
all physical features, existing or proposed, including vegetation,
berm contours, walls, fences, outdoor furniture and fixtures,
surface utilities, and paving; and
b)
all shrubs and trees, whether existing or proposed, labelled by their
common name, botanical name, and size.
3)
Notwithstanding the regulations of Section 30.1 [2(b)] of this By-law, the
Development Officer may consider an application if, in his/her opinion,
the development is of such a nature as to enable the decision to be made
on the application without all of the information.
4)
In the event that planting material required in an approved development is
inappropriate or fails to survive, the Development Officer may allow or
require alternative materials to be substituted.
5)
The applicant shall be responsible for landscaping and proper
maintenance. The Development Officer shall require, as a condition of
approval, that the applicant provide an irrevocable letter of credit in the
amount of 100.00 percent of the estimated landscaping cost, the condition
of the said irrevocable letter of credit being that, if the landscaping is not
completed in accordance with this By-law and the plan within one
growing season after the completion of the development, then the amount
required to complete the landscaping shall be paid to the Municipality
from the said irrevocable letter of credit.
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6)
Where landscaping is required as part of any Commercial Use Class
development, trees shall be provided on the basis of a minimum one tree
for each 45.00 sq. m. (484.59 sq. ft.) of any required yard at grade.
7)
All required yards and all open spaces on Commercial and Industrial Use
Class developments, excluding parking spaces, on-site circulation, outdoor
storage, display and service areas, shall be landscaped in accordance with
the landscaping plan. This shall include appropriate screening of utility
facilities.
8)
All plant material required shall be hardy to the location on the site where
they are planted. The horticultural standards of the Canadian Nursery
Trades Association shall be used as a reference in selecting plants.
9)
For Commercial Use Class developments, deciduous trees shall be at least
63.00 mm. (2.50 in.) calliper when planted and evergreen trees shall have
a minimum height of 2.50 m. (8.20 ft.) when planted.
10)
Plant materials located within 6.10 m. (20.00 ft.) of a public street must be
of a salt-tolerant species.
30.2
Landscaping for Parking and Storage Areas
1)
Where off-street parking for fifty or more vehicles is provided at grade on
a site, there shall be landscaped open space within the parking area.
Landscaped open space in the parking areas shall be provided in the
minimum amount of 1.50 sq. m. (16.15 sq. ft.) for each parking space.
The required landscaping shall not be located in one area, and shall be
placed within the parking area so as to break up large areas of parking and
to provide visual relief.
2)
A parking area having eight or more parking spaces and which is visible
from an abutting site in the RS: Residential Single Family, RT: Residential
Two-Family, RM: Residential Multiple Family and RC: Residential
Comprehensive Zoning Districts shall be fenced or have a screen planting.
The location, length, thickness and height of such fence or screen planting
shall be in accordance with the landscaping plan.
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STREET
SIDEWALK
Figure 11.
Parking
3)
A garbage collection area, an open storage area, or an outdoor service
area, which is visible from an abutting site in the RS: Residential Single
Family, RT: Residential Two-Family, RM: Residential Multiple Family
and RC: Residential Comprehensive Zoning Districts, or from a public
roadway other than a lane, shall be fenced or have a screen planting. The
location, length, thickness and height of such fence or screen planting
shall be in accordance with the landscaping plan. Such fence or screen
planting shall be maintained to provide effective screening from the
ground to a height of 1.80 m. (5.91 ft.).
4)
In the case of bulk outdoor storage, including but not limited to lumber
yards and similar uses, where because of height of materials stored, a
screen planting would not be sufficient, a fence, earth berm or
combination thereof, with sufficient height to substantially block the view,
shall be substituted for the regulations of Section 30.2 (3) of this By-law.
5)
Where, because of conditions not conducive to good horticultural
practices, a screen planting cannot reasonably be expected to survive, the
Development Officer shall require a masonry wall, wood fence or earth
berm, or combination thereof, to be substituted for the regulations of
Section 30.2 (3) of this By-law.
6)
Any screen planting required shall consist of evergreen trees or shrubs, or
flowering trees or shrubs, or both. All screen plantings shall be
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maintained to provide effective screening from the ground to a height of
2.00 m. (6.56 ft.).
31.0
Moving of Structures
1)
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 Zoning District to which it is
to be moved.
2)
Before moving a building or portion to a new off-site location, the owner
shall obtain a development permit and if required by the Designated
Officer 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 Development Officer deems
necessary.
3)
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 Development Officer.
32.0
Parking
32.1
General
1)
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:
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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
Institutional Residence
Mobile Home Dwelling
Multiple Family Dwelling
Single Attached Dwelling
Single Family Dwelling
Semi-Detached Dwelling
Townhouse Dwelling
Two Family Dwelling
1.00/Sleeping Accommodation
1.00/each 2 Dwelling or Sleeping Units
1.00/Dwelling Unit
1.20/Dwelling Unit
1.00/Dwelling Unit
1.00/Dwelling Unit
1.00/Dwelling Unit
1.20/Dwelling Unit
1.00/Dwelling Unit
Commercial Use Classes
Hotel and Motel
Eating and Drinking Establishment
Convenience and General Retail Stores
All Other Commercial Establishments
1.00/Guest Room or Sleeping Unit
1.00/4 Seats or 1.00/9.29 sq. m. (100.00 sq. ft.) of floor
area, whichever is greater
1.00/18.60 sq. m. (200.00 sq. ft.) of floor area
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 or
1.00/5 employees, whichever is greater
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
Extended Medical Treatment Service
Public and Private Education Service
Government Service
Child Care Service
Funeral 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
2.00/Bed
1.50/Classroom, plus 1.00/each 9.29 sq. m. (100.00 sq.
ft.) of floor area devoted to public use
1.00/51.10 sq. m. (550.00 sq. ft.) of floor area
1.00/2 Employees
1.00/5 Seating places
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2)
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 Development
Officer shall make his/her own determination as to the regulation.
3)
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.
4)
In the case of the multiple use of a site, the Development Officer shall
calculate the parking required for each individual use and the total shall be
deemed to be the required parking for the site, unless the applicant can
demonstrate to the satisfaction of Council 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
1)
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.).
2)
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.
3)
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.
4)
Except as otherwise provided for in this By-law, no parking spaces shall
be within the first 6.10 (20.0ft.) of a required front yard or separation
space.
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32.3
Accessible Parking Spaces
1)
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:
(a)
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.);
(b)
must be located within 60.96 m. (200.00 ft.) of major building
entrances used by residents, employees, or the public; and
(c)
must include signage reserving the space for use by persons
with disabilities.
2)
At least one (1) curb ramp must be located within 30.48 m. (100.00ft.) of
the auto parking space closest to each entrance to a principal or accessory
building that is not a service entrance.
3)
Accessible parking space requirements are as follows:
TABLE 32.3.1
ACCESSIBLE PARKING SPACE REQUIREMENTS
Total Required Parking Spaces
Min. No. of Accessible Parking Spaces
Required
1-25
1
25-50
2
51-75
3
75-100
4
101-150
5
151-200
6
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33.0
Signs
33.1
General
1)
No person shall erect a sign without first obtaining a development permit
from the Development Officer and no development permit to erect a sign
shall be issued unless all the sign regulations of this By-law have been
satisfied.
2)
Where regulations of this By-law are inconsistent with the regulations
respecting signs on or near public highways made or administered by
Manitoba Department of Infrastructure & Transportation, the more
restrictive regulations shall apply.
3)
Signs are considered accessory uses and shall be developed in accordance
with Section 25.0 of this By-law.
4)
No sign shall be erected, operated, used or maintained which:
a)
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 Development Officer or Council;
b)
display lights resembling the flashing lights usually associated with
danger or those used by police, fire, ambulance and other
emergency vehicles;
c)
allows a swinging motion;
d)
except for Community Service Clubs and Religious Assemblies, is
not related to any business upon the site where the sign is located;
e)
is located on a public right-of-way or sidewalk; and
f)
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
1)
Where a Development Officer finds a sign to be abandoned, the
Development 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.
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2)
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.
3)
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
1)
Quality, aesthetic character, and finishing of sign construction shall be to
the satisfaction of the Development Officer or Council.
2)
No signs shall be erected in the RS: Residential Single Family, RT:
Residential Two-Family, RM: Residential Multiple Family and RC:
Residential Comprehensive Zoning Districts except those expressly
provided for in this Section of the By-law.
3)
Fascia signs shall not have letters over 0.60 m. (1.97 ft.) high and which
exceed 80.00 percent of the building width.
4)
Free standing signs are limited to no more than one per lot, except on a
corner lot or through lot. The Development Officer or Council may allow
more than one free standing sign if warranted by the circumstances.
5)
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 Development
Officer or Council, be similar as to proportion, materials, and placement
such that they present a pleasing architectural appearance.
6)
No canopy sign shall be erected over a public thoroughfare which:
a)
extends horizontally beyond a line drawn perpendicularly distant to
and 0.60 m. (1.97 ft.) in from the line of the curb;
b)
extends more than 2.00 m. (6.56 ft.) over the public thoroughfare;
c)
is less than 3.00 m. (9.84 ft.) above the public thoroughfare
measured from the lowest portion of such canopy;
d)
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;
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e)
is constructed in such a manner that drainage from the canopy falls
on any public thoroughfare.
7)
No awning sign shall be erected over a public thoroughfare that:
a)
extends more than 2.00 m. (6.56 ft.) over the public thoroughfare;
b)
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
c)
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.
8)
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.
9)
Signs shall be developed in accordance with the following regulations:
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TABLE 33.3.1
Sign Regulations
Use Class
Types of Signs
Maximum Sign Area
Maximum Sign
Height
Residential and
Residential-Related
Identification
Real Estate
0.37 sq. m. (4.00 sq. ft.)
1.49 sq. m. (16.00 sq. ft.)
3.05 m. (10.00 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)
Business Identification
(if free standing only)
Business Identification
(if attached to a building and
free standing)
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
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
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.)
10.67 m. (35.00 ft.)
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
Zoning Districts
10.67 m. (35.00 ft.)
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10)
Notwithstanding anything elsewhere contained in this By-law, the
following regulations shall apply to portable signs:
a)
portable signs are only allowed in the CC: Commercial Central,
CH: Commercial Highway or CR: Commercial Recreation Zoning
Districts or the MB: Industrial Business or MG: Industrial General
Zoning Districts;
b)
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 Development
Officer;
c)
the portable sign shall be removed from the site upon the expiry
date of the portable sign permit;
d)
the maximum sign surface area of a portable sign is 4.65 sq. m.
(50.00 sq. ft.);
e)
there shall be no more than one portable sign per lot, except that
for a lot with multiple occupancy there can be a maximum of two
portable signs. Where there is more than one portable sign, the
signs shall be a minimum of 19.81 m. (65.00 ft.) apart;
f)
a portable sign shall comply with the yard regulations of the
Zoning District within which it is located;
g)
any flashing or scintillating portable signs shall not be located
within 60.96 m. (200.00 ft.) of a RS: Residential Single Family,
RT: Residential Two-Family, RM: Residential Multiple Family
and RC: Residential Comprehensive Zoning District boundary;
h)
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;
i)
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;
j)
the maximum permitted duration for a portable sign on a site is
ninety consecutive days per calendar year;
k)
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
l)
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.
11)
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:
a)
the maximum sign surface area is 13.94 sq. m. (150.00 sq. ft.);
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b)
the sign shall comply with the yard regulations of the Zoning
District within which it is located;
c)
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;
d)
the sign is only allowed to be placed at the location of the land
development project;
e)
the sign shall be removed within thirty days of the last sale of any
lots or buildings or at the discretion of the Development Officer;
and
f)
the applicant shall pay the applicable fees and sign a letter
indicating that they will comply with these regulations.
12)
Notwithstanding anything elsewhere contained in this By-law, the following
regulations shall apply to other temporary signs:
a)
the maximum sign surface area shall be 4.65 sq. m. (50.00 sq. ft.);
b)
the sign shall comply with the yard regulations of the Zoning
District within which it is located;
c)
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;
d)
the sign shall be removed within seven days after the date of the
advertised community event or at the discretion of the
Development Officer; and
e)
the applicant shall pay the applicable fees and sign a letter
indicating that they will comply with these regulations.
34.0
Off Street Loading
1)
When any new development is proposed including a change of use of
existing development, or when any existing development is, in the opinion
of the Development Officer, substantially enlarged or increased in
capacity, off-street vehicular loading and unloading spaces shall be
provided in accordance with the following:
a)
For
all
Commercial
Use
Class
developments
excluding
Professional, Financial and Office Support Services:
i)
One space shall be required for less than 465.00 sq. m.
(5,005.38 sq. ft.), two spaces for 465.00 sq. m. (5,005.38
sq. ft.) to 1,500.00 sq. m. (16,146.39 sq. ft.) and one space
for each additional 2,300 sq. m (24,757.80 sq. ft.).
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b)
For all Professional, Financial and Support Services, as well as all
Industrial,
Basic
Service,
or
Community,
Educational,
Recreational, and Cultural Service Use Class developments:
i)
One space shall be required for up to 2,800.00 sq. m
(30,139.94 sq. ft.) and one additional space up to a
maximum of five for each additional 2,800.00 sq. m
(39,139.94 sq. ft.).
2)
All loading and unloading spaces shall be located on the site so that all
materials and commodities loaded or unloaded can be easily collected or
distributed within the site, to and from all tenants or occupants. Access
shall be so arranged that no backing or turning movements of vehicles
going to or from the site causes interference with traffic on the adjoining
or abutting public roadways, lanes, sidewalks, or boulevards.
3)
Loading and unloading spaces shall be of adequate size and with adequate
access, both to the satisfaction of the Development Officer, to
accommodate the types of vehicles which will be loading and unloading,
without those vehicles projecting into a public roadway. In no case shall
the space be less than 28.00 sq. m. (301.40 sq. ft.), or less than 2.60 m.
(8.53 ft.) wide, or have less than 3.70 m. (12.14 ft.) of overhead clearance.
35.0
Excavation, Stripping and Grading
1)
For the purpose of this Section of the By-law, excavation shall mean
excavation other than for construction or building purposes, including but
not limited to topsoil stripping and the construction of artificial bodies of
water.
2)
A person wishing to excavate, strip or grade land shall:
a)
comply with Municipal By-laws, as amended, that regulate the
excavation, stripping or grading of land; and
b)
provide the following details in his/her development permit
application:
i)
the location and area of the site on which the excavation,
stripping or grading is to take place;
ii)
the existing land use and vegetation;
iii)
the type and dimensions of the excavation to be made, and
the effect on existing drainage patterns; and
iv)
the condition in which the excavation is to be left when the
operations is complete, or the final disposition to be made
of the area from which the topsoil is to be removed,
including the action which is to be taken for restoring the
condition of the surface of the land to be affected, and for
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preventing, controlling or lessening the creation of erosion
or dust from the land.
3)
The Development Officer shall consider every application for a permit to
excavate land, and shall not issue a permit unless he/she is satisfied that:
a)
the operation will be carried out so as to create a minimum of dust
and environmental disturbance; and
b)
the operation is one which, in the opinion of the Development
Officer, is reasonably necessary for the use and development of the
land in question.
4)
The Development Officer may require as a condition of issuing a permit to
excavate land, that the applicant take the precautions and follow the
methods prescribed by the Development Officer for the prevention or
control of dust or any other nuisance caused by the proposed operation,
and for the reclamation of the site if required.
36.0
Performance Standards for Industrial Use Class Developments
36.1
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
Development 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.
36.2
Performance Standards
36.2.1 Emission of Air and Water Contaminants
1)
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.
36.2.2 Noise
1)
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: Residential Single
Family, RT: Residential Two-Family, RM: Residential Multiple
Family, RC: Residential Comprehensive, HA: Hamlet Area, RR:
Rural Residential and MHR: Mobile Home Residential Zoning
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Districts which exceeds the regulations of the Province of
Manitoba pursuant to The Environment Act and regulations
pertaining thereto, or the RM of Springfield Noise By-law, as
amended.
36.2.3 Appearance
1)
All Industrial Use Class developments in the MB: Industrial
Business Zoning District shall comply with the following
appearance standards:
a)
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 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.).
b)
The Development 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 Zoning District.
c)
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
Development 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.
2)
Any use or activity in the MG: Industrial General, MXH: Industrial
Extractive Holding and MX: Industrial Extractive Zoning Districts
shall comply with the following appearance standards:
a)
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.
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b)
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.
37.0
General Performance Standards for Residential and Commercial Uses
37.1
General Performance Standards for Residential Uses
Residential uses shall comply with the following standards:
1)
In any development, the design, use of exterior finishing materials and
construction shall be to the satisfaction of the Development 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
Development 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.
37.2
General Performance Standards for Commercial Uses
Commercial uses shall comply with the following standards:
1)
All commercial developments:
a)
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
b)
shall be constructed and finished with durable materials to
maintain the initial appearance of the development throughout the
life of the project.
2)
The Development 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.
3)
The location of the principal building on a site of a commercial
development shall take into account:
a)
the setbacks and building placements on adjacent sites; and
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b)
the micro-climatic effects including shading of adjacent buildings
or sites.
4)
Garbage collection, loading, storage or outdoor service areas for
commercial developments shall be developed in accordance with Section
52.2 of this By-law and the following:
a)
All outdoor storage shall be related to the business on the site.
b)
There shall be no outdoor storage of objects or chattels which, in
the opinion of the Development Officer or Council, are unsightly
or adversely affect the character or appearance of the site or
surrounding developments.
38.0
Development Restricted
38.1
Noxious or Offensive Uses
1)
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.
38.2
Land Unsuitable for Development
1)
No buildings or structures shall be built in an area that has been identified
either by Council or other agencies as being subject to flooding by a 100
year flood, unless the development proponent demonstrates to the
satisfaction of Council that measures will be taken to protect the
development from flood damage.
2)
Where development is proposed in an area that, in the opinion of the
Development Officer, may be subject to ponding due to snowmelt or
heavy rainfall events, the development proponent may be required to
provide additional measures, including the provision of sufficient fill
around the building, to provide an additional measure of protection from
flood damage.
3)
No building or structure shall be built in an area that is subject to erosion,
bank instability, landslide, subsidence, is marshy or unstable, or is
otherwise hazardous or unsuitable by virtue of its soil or topography,
unless it is demonstrated to the satisfaction of Council that proper
measures will be taken to deal with the unsuitability or hazard.
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38.3
Outdoor Solid Fuel Heating System Buildings or Structures
An outdoor solid fuel heating system building or structure shall comply with the
following regulations:
1)
No person shall install an outdoor solid fuel heating system building or
structure without first obtaining a development permit from the
Development 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.
2)
No outdoor solid fuel heating system building or structure shall be located
in Oakbank, Dugald, Anola or any HA: Hamlet Area Zoning District or
within 1.61 km. (1.00 mile) of the boundaries thereof.
3)
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.
4)
Notwithstanding Section 38.3(3) of this By-law, an outdoor solid fuel
heating system building or structure shall be located:
a)
Behind the rear wall of the principal building on the site.
b)
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.
c)
At least 15.24 m. (50.00 ft.) from any lot line.
d)
As per any insurance requirements.
e)
As per any manufacturer's specifications.
5)
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.
6)
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.).
7)
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 1.52 m. (5.00 ft.), as per any manufacturing
specifications or whichever is the most restrictive.
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38.4
Dwelling Setbacks
1)
No dwelling unit shall be located within 402.34 m. (1,320.00 ft.) of the
boundary of any active waste disposal ground unless:
a)
a Certified Professional Engineer of Manitoba determines that
there will be no migration of methane gas; and
b)
approval has been obtained from Manitoba Conservation.
2)
No dwelling unit shall be located within 457.20 m. (1,500.00 ft.) of the
boundary of a Municipal sewage lagoon.
3)
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.
4)
No dwelling unit shall be located within 30.48 m. (100.00 ft.) from the
edge of a railway right-of-way that is in active use.
5)
No dwelling unit or farm building shall be located within an area that has
been designated as a high or medium quality aggregate area as identified
in the RM of Springfield Development Plan By-law, unless the site has
been reviewed by that Manitoba Mines Branch and a recommendation
provided that would allow development to proceed.
6)
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.
7)
Buildings, structures and hedges adjacent to Provincial Trunk Highways,
Provincial Roads and Provincial Access Roads shall be setback in
accordance with The Highways Protection Act and The Highways and
Transportation Act.
38.5
Corner Vision Triangles
1)
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.
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38.6
Side Yard Exceptions
1)
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.
38.7
Hazardous Materials Storage
1)
No commercial-related or industrial-related Bulk Storage Facility,
Agricultural Crop Protection Warehouse or Agricultural Product Storage
shall be located within:
a)
804.65 m. (2,640.00 ft.) of Oakbank, Dugald or Anola or the HA:
Hamlet Area and RR: Rural Residential Zoning Districts;
b)
304.80 m. (1,000.00 ft.) of a building used for human occupancy;
and
c)
100.00 m. (328.08 ft.) from the edge of the rights-of-way of
Provincial Trunk Highways, Provincial Roads as well as all
Provincial Access Roads and Main Market Roads.
38.8
Building Grade
1)
No building or structure shall be erected without first obtaining from the
Development Officer written instructions as to the grade for the building
or structures to be erected, which shall be in accordance with the RM of
Springfield Lot Grade By-law.
38.9
Composting
1)
The composting of private household material is permitted within all
Zoning Districts. 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.
38.10 Land Drainage
1)
A development permit 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.
2)
Notwithstanding any other regulation of this By-law, the Development
Officer or Council may refuse a development permit for, or prohibit, any
drainage works to be undertaken on lands where it has been determined
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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.
38.11 Buildings Restrictions Adjacent to Airports
1)
No buildings or structures shall be erected within 60.96 m. (200.00
ft.) strip parallel to and on either side of the centerline of a runway; and
243.84 m. (800.00 ft.) from either end of a runway.
2)
No building constructed around an airport shall exceed the
following height restrictions:
a)
no building along the edge of a runway shall exceed a height of
0.31 m. (1.0 ft.) vertical for every 1.54 m. (5.00) ft. measured horizontally
from the edge of the runway strip, as illustrated below; and
b)
no building located in the takeoff or approach paths to a runway
shall exceed a height of 0.31 m. (1.0 ft.) vertical for every 7.62 m. (25.00)
ft. measured horizontally from the ends of the runway strip and diverging
ten (10) percent from the extension of the edges of the runway, as
illustrated below.
Figure 12: Plan View of Building Restrictions Adjacent to Airports
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Figure 13: 3 Dimensional View of Building Restrictions Adjacent to
Airports
39.0
Streets
1)
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.
40.0
Connecting to Municipal Services
1)
All new principal buildings constructed on a site that is serviced by
Municipal sewer or water shall, where feasible, be connected to such
services.
SPECIAL LAND USE REGULATIONS
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41.0
Applicability
1)
The Special Land Use Regulations apply to the uses listed irrespective of
the Zoning District in which they are located. Where these regulations
appear to be in conflict with the Zoning District 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 Zoning District.
42.0
Vehicular - Oriented Uses
42.1
Applicability
1)
The following Commercial Use Class developments shall comply with the
regulations of this Section of the By-law:
a)
Drive-In Food Services;
b)
Gas Bars;
c)
Service Stations;
d)
Rapid Drive-Through Vehicle Services; and
e)
Automated Teller Machines.
42.2
Development Regulations
1)
Vehicular-oriented uses shall be located only where the Development
Officer or Council is satisfied that the development will not adversely
affect the functioning of the surrounding public roadway.
2)
The minimum frontage shall be 30.48 m. (100.00 ft.).
3)
Service Stations and Rapid Drive-Through Vehicle Services shall have a
minimum site depth of 30.48 m. (100.00 ft.).
4)
Stacking space shall be provided as follows:
a)
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.
b)
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 ten in-bound and five out-bound stacking
spaces shall be provided.
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c)
For Automated Teller Machines, a minimum of three in bound
stacking spaces shall be provided measured from the teller window
or automated teller machine.
d)
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.
e)
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.
5)
Gas Bars and Service Stations shall comply with the following additional
regulations:
a)
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.
b)
Refuelling areas are not permitted in a required parking area.
c)
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.
43.0
Home Industries
A Home Industry shall comply with the following regulations:
1)
The Home Industry shall be in contravention of this Zoning By-law unless
it conforms to the Municipal Licensing By-law and amendments thereto.
2)
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.).
3)
The employment of family and non-family members is allowed as part of
the Home Industry to a maximum of five (5) persons.
4)
The selling of goods or services related to the Home Industry is allowed.
5)
The character and scale of the Home Industry shall not create offensive or
objectionable impacts on any adjoining sites.
6)
Outside storage of goods and materials is allowed as part of the Home
Industry, subject to the following:
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a)
the storage shall be located to the rear of a line adjacent to and
parallel with the front wall of the building;
b)
the storage area shall be fenced or screened from public view to the
satisfaction of Council; and
c)
the storage shall not project above the height of the fence or
screening.
7)
Notwithstanding Section 33.0 of this By-law, the Home Industry may have
one identification sign with a maximum area of 0.75 sq. m. (8.00 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.
8)
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.
9)
The Home Industry shall not be permitted if, in the opinion of the
Development Officer, such use would be more appropriately located in
another Zoning District having regard for, among other matters, potential
traffic generation and potential interference with the character of the area.
10)
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.
11)
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.
12)
A permit for a Home Industry is not transferable to a new homeowner.
13)
All Home Industries must be operated in accordance with all plans and
documents approved as part of the application.
44.0
Home Occupations
A Home Occupation shall comply with the following regulations:
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1)
The Home Occupation shall be in contravention of this Zoning By-law
unless it conforms to the Municipal Licensing By-law and amendments
thereto.
2)
The Home Occupation shall not include escort services, automotive
service uses, tow-truck operations or construction equipment storage.
3)
There shall be no outdoor business activity, or storage of material or
equipment associated with the Home Occupation.
4)
The Home Occupation shall not generate pedestrian or vehicular traffic, or
parking, in excess of that which is characteristic of the Zoning District in
which it is located.
5)
The Home Occupation shall be owned and operated by the member(s) of
the family residing at the dwelling unit with a maximum of two on-site
employees.
6)
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,
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.
7)
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.
8)
The Home Occupation shall only be allowed in conjunction with a
dwelling unit and shall not change the principal character or external
appearance of the dwelling unit involved.
9)
A Home Occupation within a dwelling unit or accessory building shall not
exceed a maximum floor area of 37.16 sq. m. (400.00 sq. ft.).
10)
The Home Occupation shall not be permitted if, in the opinion of the
Development Officer, such use would be more appropriately located in
another Zoning District having regard for, among other matters, potential
traffic generation and potential interference with the residential character
of the area.
11)
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
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the premises and an indication of where any materials, equipment or
vehicles associated with the office use are to be stored.
12)
A permit for a Home Occupation is not transferable to a new homeowner.
13)
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
Development Officer.
14)
Home Occupations shall be limited to those uses which do not interfere
with the rights of other residents to quiet enjoyment of their
neighbourhood.
15)
If a Home Occupation is used for instructional classes, there shall not be
more than four (4) pupils at a time.
16)
All Home Occupations must be operated in accordance with all plans and
documents approved as part of the application.
45.0
Bed and Breakfast Homes
A Bed and Breakfast Home shall comply with the following regulations:
1)
There shall be no exterior display or advertisement larger than 0.37 sq. m.
(4.00 sq. ft.) in area, provided that no sign shall be illuminated and any
sign must be compatible with the residential character of the area.
2)
The Bed and Breakfast Home shall not generate vehicular traffic or
parking that is in excess of what is normally characteristic of the area.
3)
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.
4)
The Bed and Breakfast Home shall have a maximum of:
a)
three bedrooms or bedroom suites in the RS: Residential Single
Family, RT: Residential Two-Family, RM: Residential Multiple
Family and HA: Hamlet Area Zoning Districts; and
b)
six bedrooms or bedroom suites in the RR: Rural Residential, CR:
Commercial Recreation, LCR: Limited Commercial-Residential,
AR: Agriculture Restricted and AG: Agriculture General Zoning
Districts.
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5)
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.
6)
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.
7)
Approved smoke alarms shall be required:
a)
in every bedroom or bedroom suite; and
b)
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.
8)
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.
9)
All Bed and Breakfast Homes must be operated in accordance with all
plans and documents approved as part of the application.
46.0
Planned Unit Developments
A Planned Unit Developments shall comply with the following regulations:
1)
Specific regulations in a Zoning District 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 and regulations of this By-law.
2)
An application for a Planned Unit Development shall include normal
development permit regulations as well as an impact study that outlines
the following information:
a)
economic, social and environmental benefits to the community;
b)
the effect on the general character of the area and adjacent areas;
c)
the effect on the general environment including, but not necessarily
limited to, drainage, groundwater and erosion;
d)
the effect on Municipal services and the street system; and
e)
such additional information as required by Council.
3)
The minimum site area for a Planned Unit Development shall be 4.05 ha.
(10.00 acres).
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4)
The density of development shall not be increased from the normal density
per gross hectare (acre) permitted in the Zoning District in which the
proposed Planned Unit Development is located.
5)
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.
6)
An overall landscaping plan shall be prepared.
7)
The further subdivision of lands shall not be permitted and any public
reserve areas shall be dedicated to the Municipality.
47.0 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:
1)
They shall meet Provincial regulations.
2)
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.
3)
They shall not be located closer than 1.50 m. (4.92 ft.) to any side or rear
lot line, nor shall they be constructed beyond the foremost portion or
portions of the principal building on the site.
4)
They shall be completely enclosed with a vertical board fence, with no
vertical or horizontal supports that would facilitate climbing, or a chain
link fence not less than No. 12 gauge galvanized steel wire, or a minimum
No. 14 gauge steel wire covered with a vinyl or other approved coating
forming a total thickness equivalent to No. 12 galvanized wire, with a
mesh not greater than 50.80 mm. (2.00 in.) or other suitable barrier,
excluding barbed wire or wire having similar dangerous characteristics or
devices for projecting an electric current through the fence, constructed or
erected in accordance with the following:
a)
fences shall have a minimum height of 1.52 m. (5.00 ft.) and a
maximum height of 2.00 m. (6.56 ft.), including gates, which shall
be self-closing and equipped with a lockable latch to prevent
unauthorized entry; and
b)
there shall be no openings other than an entry to a building or a
gate and it shall be constructed so as to prevent a child from
crawling under either the fence or gate.
c)
hot tubs shall have a lockable cover.
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48.0
Car Brokers
A Car Broker shall comply with the following regulations:
1)
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.
2)
The Car Broker operation shall be limited to the purchase and sale of used
passenger vehicles only.
3)
Except as hereinafter provided, the passenger 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.
4)
Notwithstanding Section 48.0(3) of this By-law, a maximum of one
passenger 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.
5)
Notwithstanding Section 48.0(4) of this By-law, on the site on which a Car
Broker operation is located there shall be no passenger vehicles put on
display for sale within any Municipal road right-of-way.
6)
Notwithstanding Section 48.0(4) of this By-law, if the Car Broker
operation is adjacent to a Provincial Trunk Highway Provincial Road,
Provincial Access Road or Main Market Road, the passenger vehicles put
on display for sale thereon shall be setback in accordance with The
Highways and Transportation Act and The Highways Protection Act.
7)
The site on which a Car Broker operation is located shall be kept in a tidy,
well-maintained manner to the satisfaction of the Development Officer.
8)
The Car Broker operation shall not generate pedestrian or vehicular traffic,
or parking, in excess of that which is characteristic of the Zoning District
in which it is located.
9)
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.
10)
Any exterior display or advertisement of the Car Broker operation shall:
a)
not exceed 0.37 sq. m. (4.00 sq. ft.) in area;
b)
not be illuminated; and
c)
be compatible with the character of the area.
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11)
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.).
12)
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.
13)
The maximum number of passenger vehicles for sale on-site at any one
time shall be limited to six vehicles.
14)
All Car Brokers must be operated in accordance with all plans and
documents approved as part of the application.
49.0
Temporary Additional Dwellings or Mobile Home Dwellings
A Temporary Additional Dwelling or Mobile Home Dwelling shall comply with
the following regulations:
1)
The Temporary Additional Dwelling or Mobile Home Dwelling shall be
installed on a site for use either:
a)
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
b)
as temporary accommodation by a property owner during which
time a permanent Single Family Dwelling is being developed on
the site.
2)
The Temporary Additional Dwelling or Mobile Home Dwelling shall be
constructed in accordance with CSA and applicable building code
regulations.
3)
The Temporary Additional Dwelling or Mobile Home Dwelling shall
comply with all site regulations applicable to the Zoning District in which
the Single Family Dwelling is located or is proposed to be located.
4)
The Temporary Additional Dwelling or Mobile Home Dwelling shall be
removed by the property owner upon the cessation of its approved
occupancy by Council.
5)
The installation of a Temporary Additional Dwelling or Mobile Home
Dwelling shall comply with the regulations of any appropriate Federal,
Provincial or Municipal legislation.
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6)
Council may impose additional conditions on the installation of a
proposed Temporary Additional Dwelling or Mobile Home Dwelling
deemed necessary to protect adjacent sites and the public welfare.
7)
All Temporary Additional Dwellings or Mobile Home Dwellings must be
operated in accordance with all plans and documents approved as part of
the application.
50.0
Residential Related Farms
A Residential Related Farm shall comply with the following regulations:
1)
The minimum site area for the Residential Related Farm shall be 2.02 ha.
(5.00 acres).
2)
The use of land or structures for the Residential Related Farm shall be
limited to 1.33 Animal Units per 0.80 ha. (2.00 acres) of land.
3)
The maximum size for the Residential Related Farm shall be less than
10.00 Animal Units.
4)
Farm buildings or structures shall be a minimum distance of 15.24 m.
(50.00 ft.) from any lot line.
5)
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
Table 51.5.1 in Appendix 1, or as determined by the Province of
Manitoba.
6)
A Residential Related Farm can only be developed in conjunction with a
Single Family Dwelling.
7)
All Residential Related Farms must be operated in accordance with all
plans and documents approved as part of the application.
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51.0
Livestock Operations
1)
The regulations of this Section of the By-law shall apply to Livestock
Operations which shall be deemed to include barns and similar types of
buildings along with related manure storage facilities, as well as feedlots
and similar fenced areas where livestock are confined solely for the
purpose of growing and finishing, and are sustained by means other than
grazing, including winter or seasonal feedlots.
51.1
General
1)
When reviewing permit applications for Livestock Operations, the
Development Officer and Council shall consider:
a)
the type and size of the operation and its location in relation to
neighbouring land uses;
b)
the source of water supply and proposed consumption levels;
c)
the proposed manure storage and disposal system;
d)
the nature of the land base;
e)
local resident concerns;
f)
for livestock operations of a size of 300 A.U. or greater, the
Technical Review Committee report and recommendations
g)
the potential impacts generated by the operation on the Provincial
highway and Municipal road systems;
h)
Provincial guidelines and regulations governing Livestock
Operations; and
i)
whether there is a need for a development agreement to be entered
into between the proponent and the RM of Springfield 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.
2)
If two or more existing or proposed livestock operations involving the
same category of livestock are located within 800.00 m (2,625.00 ft.) of
one another and owned by the same individual, corporation, partnership or
other entity, or individuals, corporations, partnerships or other entities that
are interrelated to the degree prescribed by regulation, they are deemed to
be a single livestock operation, and the number of existing or proposed
animal units in each operation must be added together.
3)
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 & Transportation for review and comment.
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51.2
Livestock Operations Producing Less Than 300 Animal Units
51.2.1 General
1)
All new or expanding Livestock Operations that produce less than 300
Animal Units shall:
a)
meet or exceed all applicable Provincial and Federal government
environmental and health regulations in force at the time of the
permit application;
b)
obtain a development permit from the RM of Springfield prior to
any development activity taking place on the site;
c)
meet or exceed any applicable site regulations;
d)
have an adequate land base that is either owned or leased by the
proponent to carry out the proposed Livestock Operation; and
e)
manure retention areas must conform to all applicable Provincial
and Federal government regulations concerning the design and
operation of manure storage facilities.
51.2.2 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 51.2.2.1:
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TABLE 51.2.2.1
Mutual Separation Regulations
Animal
Units
Minimum Distance
From Dwelling Unit
From Designated Residential
or Recreational Area
To Earthen
Storage
Facility
To Animal
Housing
Facility
and Non-
earthen
Manure
Storage
Facility
To Earthen
Storage
Facility
To Animal
Housing
Facility and
Non-earthen
Manure
Storage
Facility
10 to 100
230.00 m.
(755.00 ft.)
115.00 m.
(377.00 ft.)
920.00 m.
(3,018.00 ft.)
610.00 m.
(2,001.00 ft.)
101 to 200
345.00 m.
(1,132.00 ft.)
173.00 m.
(568.00 ft.)
1,380.00 m.
(4,528.00 ft.)
920.00 m.
(3,018.00 ft.)
201 to 299
460.00 m.
(1,509.00 ft.)
230.00 m.
(755.00 ft.)
1,840.00 m.
(6,037.00 ft.)
1,231.00 m.
(4,039.00 ft.)
51.3
Livestock Operations Producing 300 Animal Units or Greater
51.3.1 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 51.3.2.1:
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TABLE 51.3.2.1
Mutual Separation Regulations
Size of
Livestock
Operation in
Animal Units
Minimum Separation Distance
From Single Residence
From Designated Residential or
Recreational Area
To Earthen Manure
Storage
Facility
To Animal
Housing
Facility and
Non-earthen
Manure
Storage
Facility
To Earthen
Manure Storage
Facility
To Animal
Housing
Facility and
Non-earthen
Manure
Storage
Facility
300 to 400
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.)
401 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.
(1,312.00ft.)
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.)
12801+
1,000.00 m.
(3,281.00 ft.)
500.00 m.
(1,640.00 ft.)
4,000.00 m.
(13,123.00 ft.)
2,670.00 m.
(8,760.00 ft.)
51.4
Development Permit Applications
1)
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
Development Officer and Council:
a)
a detailed description of the proposed operation;
b)
the corporate identity and proof of property ownership;
c)
a legal description of the land on which the proposed development
is to occur, by lot, block, subdivision, quarter section and
registered plan numbers;
d)
the owner's (and applicant if different from owner) name, address,
signature and interest in the land;
e)
a site plan showing the location of housing, storage and other
facilities relative to the boundaries of the site;
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f)
servicing needs; and
g)
the appropriate application fee including public notification costs.
51.5
Manure Management Plans
1)
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 Springfield
Council upon request.
51.6
Animal Units
1)
For the purposes of this Section of the By-law, the calculation of Animal
Units shall be determined on the basis of Table 51.5.1 in Appendix 1, and
in accordance with Manitoba Regulation 193/2005, Provincial Land Use
Policies Regulation - Amendment.
51.7
Conditional Use Hearing
1)
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 51.4 of this By-law has been submitted by the
applicant to the Development Officer.
2)
Prior to any hearing of an application for a conditional use permit to
establish or expand a Livestock Operation in the AR: Agriculture
Restricted Zoning District, AG: Agriculture General Zoning District or AI:
Agriculture Intensive Zoning District, Council shall place a public notice
in accordance with the Act.
3)
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:
a)
measures to ensure conformity with the applicable provisions of
the Springfield Development Plan, the Springfield Zoning By-law
and any secondary plan by-law;
b)
measures to implement recommendations made by the Technical
Review Committee;
c)
requiring covers on manure storage facilities;
d)
requiring shelter belts to be established;
e)
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,
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(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,
(iv) the payment of a sum of money to the RM of
Springfield to be used to construct anything mentioned in
subclause (iii).
52.0
Anhydrous Ammonia Facilities
An Anhydrous Ammonia Facility shall comply with the following regulations:
1)
It shall be located at least:
a)
1,524.00 m. (5,000.00 ft.) from Oakbank, Dugald or Anola and the
HA: Hamlet Area Zoning Districts;
b)
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 Oakbank,
Dugald or Anola and the HA: Hamlet Area Zoning Districts; and
c)
100.00 m. (328.08 ft.) from the edge of the rights-of-way of a
Provincial Trunk Highway or Provincial Road.
53.0
Small Animal Breeding and Boarding Establishment
A Small Animal Breeding and Boarding Establishment shall comply with the
following regulations:
1)
They shall comply with all applicable Provincial and Municipal animal
control and licensing By-laws.
2)
The Small Animal Breeding and Boarding Establishment shall be carried
out by an occupant of the dwelling unit.
3)
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.
4)
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.
5)
There shall be no retail sale of goods from within the dwelling unit of a
Small Animal Breeding and Boarding Establishment.
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6)
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.
54.0
Natural Resource Developments
54.1
Development Permit Applications
1)
In addition to the standard development application submission
regulations, an applicant proposing to establish a Natural Resource
Development or the expansion of an existing Natural Resource
Development shall also submit the following information:
a)
Proof of Ownership including a certificate of title and/or in the
case of Crown quarry minerals proof of issuance of a Provincial
Lease or Casual Permit under Manitoba Regulation 65/92 ;
b)
Key Map showing the general area location within the RM of
Springfield;
c)
Site Plan showing: the boundary of area, with the area calculated in
acres; boundary of the area to be excavated, with area calculated in
acres and indicating proposed staging of extraction operation;
topographical features of the site; identification of significant
hydrology such as watercourses and wetlands; identification of
vegetative cover including wooded areas; soil and water table
profiles; identification of significant wildlife habitat or corridors;
railway right-of-ways; the location 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, width, height and
description of existing and proposed landscaped buffers or
berming; and existing and proposed access, on-site roads and
parking and loading areas;
d)
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 Development
Officer such as traffic volumes and on-going road maintenance;
e)
Water Management Plan showing: storage and drainage plans; and
if required by a Provincial or Federal government agency an
impact assessment of potential effects on water wells, springs,
groundwater,
surface
watercourse
and
bodies,
wetlands,
woodlands, and fish and wildlife habitat;
f)
Operational Plan specifying: security; proposed hours of operation;
anticipated noise, dust and vibration levels, means to control noise,
dust and vibration, and proof of compliance with The Environment
Act and The Mines and Mineral Act; and insurance coverage;
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g)
Rehabilitation Plan highlighting: site plan showing intended
staging for progressive rehabilitation.
54.2
Development Permit Review
1)
Applications for establishment of a new Natural Resource Development or
expansion of a Natural Resource Development shall be in compliance with
applicable Municipal and Provincial government regulations. Provincial
government agencies including the Mines Branch and Manitoba Water
Stewardship may be consulted prior to the issuance of a development
permit.
54.3
Conditions of Approval for Natural Resource Developments
1)
The owner/operator of a new or expanding Natural Resource Development
is 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 may cover the following:
a)
Bond of Indemnity or Letter of Credit
The Natural Resource Development owner/operator is 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. If required, the aforementioned shall be provided to the
Municipality prior to commencement of any Natural Resource
Development operations.
If part of said Bond of Indemnity or Letter of Credit has been used by the
Municipality due to the Natural Resource Development owner/operator
being in default, then the Natural Resource Development 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 Natural Resource Development
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 Natural Resource Development
owner/operator has completed all obligations pursuant to the development
agreement, including the rehabilitation of the subject property.
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b)
Indemnity
The Natural Resource Development 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 Natural
Resource Development owner/operator carrying on quarrying operations
in the development area.
c)
Insurance
The Natural Resource Development 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 Natural Resource Development 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.
d)
Construction Completion Certificate
Upon completion of all services and development works, and the
performance of obligations required by the development agreement, the
Natural Resource Development 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 Natural Resource Development owner/operator shall be
responsible for the maintenance of said services and development works in
a condition satisfactory to the Municipality.
e)
Legal and Related Costs
It shall be the responsibility of the Natural Resource Development
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.
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If the Natural Resource Development owner/operator is in default of a
specified section within the development agreement, then the quarry
owner/operator shall be liable to a fine as established by municipal by-law.
f)
Licenses
It shall be Natural Resource Development 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 Natural Resource Development owner/operator's
responsibility to obtain all necessary licenses from the municipality or
Province of Manitoba.
g)
Fees
The Natural Resource Development owner/operator shall pay any
applicable fees as established by municipal by-law.
The Natural Resource Development 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, at a rate of interest determined by the Municipality and
specified in the development agreement or municipal by-law.
h)
Operation
The Natural Resource Development owner/operator shall submit an
Operations Plan on a yearly basis for review and acceptance by the
Municipality.
i)
Hours of Operation
Unless approved by a variation order, 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 6:00 p.m.
j)
Haul Roads
The Natural Resource Development owner/operator and independent
contractor(s)
working
for
the
Natural
Resource
Development
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.
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k)
Site Design, Maintenance and Security:
If berms are installed, they shall be not less than 1.52 m. (5.00 ft.) in
height, be a minimum of 3.05 m. (10.00 ft.) at the top of the berm, have
slopes of not less than 0.61 m. (2.00 ft.) horizontal to 3.05 m. (1.00 ft.)
vertical, and be seeded; and/or planted with trees and shrubs to the
satisfaction of the Development Officer.
Before commencing any excavation, the Natural Resource Development
owner/operator shall clear the area of tree growth, neatly pile the tree
growth, and dispose the trees as directed by the Designated Officer.
For Natural Resource Development sites that abut the lot line of a
"Hamlet" "Residential", "Rural and Agricultural" or "Rural Residential"
area as indicated in the RM of Springfield Development Plan, the
owner/operator shall erect and maintain a heavy duty fence consisting of
not less than 3 strands of galvanized barbed wire attached to treated wood
or steel poles spaced not more than 3.66 m. (12.00 ft.) apart which shall
follow the contours of the surface of the ground on the perimeter of the
area to be excavated for the Natural Resource Development as indicated
on the site plan. Further reflective tags shall be attached to the barb wire
fence at each mid-point between two fence points.
l)
Flooding and Drainage
Provisions for drainage shall be in compliance with any applicable
Municipal and Provincial regulations.
m)
Garbage and Refuse Material
The Natural Resource Development owner/operator shall not collect
garbage or refuse material, or dump any petroleum product or other
pollutant in the development area. The Natural Resource Development
owner/operator
shall
comply
with
all
federal,
provincial
and
environmental regulations pertaining to, but not limited to, petroleum
storage and disposal.
n)
Security
The Natural Resource Development 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.
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o)
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.
p)
Rehabilitation
It shall be the responsibility of the Natural Resource Development
owner/operator to remit to the Province of Manitoba such levies or other
amounts as may be required for restoration and rehabilitation of the
excavated area.
The Natural Resource Development owner/operator shall close and
rehabilitate sites in a progressive rehabilitation basis as determined by the
Designated Officer in consultation with the Manitoba Mines Branch. The
minimum standard of rehabilitation shall be in compliance with the
Provincial government pit and quarry rehabilitation program standards.
q)
Violation
Should the Natural Resource Development owner/operator default on any
of the terms and obligations of any development agreement or regulations
of this By-law, the Municipality shall provide the Natural Resource
Development 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:
(i)
advise the Natural Resource Development 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 municipal by-law 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
Natural
Resource
Development
owner/operator; and
(iii)
levy a fine as established by municipal by-law for any violation.
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54.4
Limits to Development on Adjacent Lands
(1)
Notwithstanding the provisions of the "AR": Agricultural Restricted,
"AG": Agricultural General, LCR: Limited Commercial-Residential, or
RR: Rural Residential Zoning Districts, a new dwelling unit within 304.80
m. (1,000.00 ft.) of the property limits of an active Natural Resource
Development site or sites zoned as either MX: Industrial Extractive or
MXH: Industrial Extractive Holding Zoning Districts shall be deemed a
conditional use.
55.0
Wayside Pits and Quarries
Wayside Pits and Quarries shall comply with the following regulations:
1)
They shall be located at least:
a)
1,524.00 m. (5,000.00 ft.) from Oakbank, Dugald or Anola and the
HA: Hamlet Area Zoning Districts;
b)
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 Oakbank,
Dugald or Anola and the HA: Hamlet Area Zoning Districts; and
c)
100.00 m. (328.08 ft.) from the edge of the rights-of-way of a
Provincial Trunk Highway or Provincial Road.
PART III
ZONING DISTRICTS
RESIDENTIAL ZONING DISTRICTS
SECTIONS
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56.0
Residential Zoning Districts
56.1
Purpose
1)
The Residential Zoning Districts established in this By-law are intended to
provide sufficient land for various types of residential and related
developments in the RM of Springfield in keeping with the provisions of
the RM of Springfield Development Plan.
2)
The following Residential Zoning Districts are hereby established:
a)
RS:
Residential Single Family Zoning District
b)
RT:
Residential Two-Family Zoning District
c)
RM:
Residential Multiple Family Zoning District
d)
RC:
Residential Comprehensive Zoning District
e)
MHR: Mobile Home Residential Zoning District
f)
RR:
Rural Residential Zoning District
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57.0
RS:
Residential Single Family Zoning District
57.1
General Purpose
To establish a Zoning District primarily for serviced Single Family Dwellings and associated or compatible
uses.
57.2
Permitted Uses
1)
Home Occupation
2)
Public Park
3)
Single Family Dwelling
57.3
Conditional Uses
1)
Bed and Breakfast Home
8)
Public Education Service
2)
Child Care Service
9)
Public Library and Cultural Exhibit
3)
Community Recreation Service
10)
Public Utility Service
4)
Institutional Residence
11)
Religious Assembly
5)
Planned Unit Development
12)
Two Family Dwelling
6)
Private Education Service
13)
Extended Medical Treatment Facility
7)
Protective and Emergency Service
57.4
Site Regulations
Permitted and Conditional Uses
1)
Site Area
min. 789.65 sq. m. (8,500.00 sq. ft.)
2)
Site Width
min. 19.8` m. (65.00 ft.)
3)
Front Yard
min.9.14 m. (30.00 ft.)
4)
Rear Yard
min. 7.62 m. (25.00 ft.)
5)
Side Yard
min. 3.05 m. (10.00 ft.)
6)
Corner Side Yard min. 4.57 m. (15.00 ft.)
7)
Site Coverage
max. 40.00%
8)
Building Height max. 10.67 m. (35.00 ft.); 2.50 storeys
9)
Dwelling Area
min. 92.90 sq. m. (1,000.00 sq. ft.)
10)
Dwelling Width min. 6.10 m. (20.00 ft.)
57.5
Site Regulations
Accessory Uses, Buildings and Structures
1)
Site Area
N/A
2)
Site Width
N/A
3)
Front Yard
min. 9.14 m. (30.00 ft.)
4)
Rear Yard
min. 1.52 m. (5.00 ft.)
5)
Side Yard
min. 1.52 m. (5.00 ft.)
6)
Corner Side Yard min. 4.57 m. (15.00 ft.)
7)
Site Coverage
N/A
8)
Building Height max. 4.57 m. (15.00 ft.); 1.00 storey
9)
Building Area
max. 74.32 sq. m. (800.00 sq. ft.)
10)
Building Width N/A
57.6
Additional Regulations for Permitted and Conditional Uses
1)
The maximum gross density for single family dwellings shall be 8.65 dwellings per hectare (3.50
dwellings per acre).
2)
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.
SECTIONS
RESIDENTIAL ZONING DISTRICT
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REGULATIONS
RM OF SPRINGFIELD
Page
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118
3)
A Home Occupation shall be developed in accordance with Section 44.0 of this By-law.
4)
All residential developments shall comply with Section 37.1 of this By-law.
57.7
Additional Regulations for Conditional Use Only
1)
A Bed and Breakfast Home shall be developed in accordance with Section 45.0 of this By-law.
2)
A Planned Unit Development shall be developed in accordance with Section 46.0 of this By-law.
57.8
Additional Regulations for Accessory Uses, Buildings and Structures
1)
All accessory uses, buildings and structures shall be developed in accordance with the RM of
Springfield Lot Grade By-law.
2)
The maximum building area regulation of 74.32 sq. m. (800.00 sq. ft.) shall not apply to Private and
Semi-Private Swimming Pools, Hot Tubs and Seasonal Non-Winter structures such as decks, screened
porches or verandas, uncovered walks and wheelchair ramps.
SECTIONS
RESIDENTIAL ZONING DISTRICT
56-62
REGULATIONS
RM OF SPRINGFIELD
Page
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NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
119
58.0
RT:
Residential Two Family Zoning District
58.1
General Purpose
To provide a Zoning District for Single Family Dwellings and Two Family Dwellings as well as associated or
compatible uses.
58.2
Permitted Uses
1)
Home Occupation
4)
Single Family Dwelling
2)
Public Park
5)
Two Family Dwelling
3)
Semi-Detached Dwelling
58.3
Conditional Uses
1)
Bed and Breakfast Home
7)
Protective and Emergency Service
2)
Child Care Service
8)
Public Education Service
3)
Community Recreation Service
9)
Public Library and Cultural Exhibit
4)
Institutional Residence
10)
Public Utility Service
5)
Planned Unit Development
11)
Religious Assembly
6)
Private Education Service
58.4
Site Regulations
Permitted and Conditional Uses
1)
Site Area
min. 696.75 sq. m. (7,500.00 sq. ft.)
2)
Site Width
min. 22.86 m. (75.00 ft.)
3)
Front Yard
min. 9.14 m. (30.00 ft.)
4)
Rear Yard
min. 7.62 m. (25.00 ft.)
5)
Side Yard
min. 3.05 m. (10.00 ft.)
6)
Corner Side Yard min. 4.57 m. (15.00 ft.)
7)
Site Coverage
max. 50.00%
8)
Building Height max. 10.67 m. (35.00 ft.); 2.50 storeys
9)
Dwelling Area
min. 74.32 sq. m. (800.00 sq. ft.)
10)
Dwelling Width min. 6.10 m. (20.00 ft.)
58.5
Site Regulations
Accessory Uses, Buildings and Structures
1)
Site Area
N/A
2)
Site Width
N/A
3)
Front Yard
min. 9.14 m. (30.00 ft.)
4)
Rear Yard
min. 1.52 m. (5.00 ft.)
5)
Side Yard
min. 1.52 m. (5.00 ft.)
6)
Corner Side Yard min. 4.57 m. (15.00 ft.)
7)
Site Coverage
N/A
8)
Building Height max. 4.57 m. (15.00 ft.); 1.00 storey
9)
Building Area
max. 74.32 sq. m. (800.00 sq. ft.)
10)
Building Width N/A
58.6
Additional Regulations for Permitted and Conditional Uses
1)
A Home Occupation shall be developed in accordance with Section 44.0 of this By-law.
2)
All residential developments shall comply with Section 37.1 of this By-law.
58.7
Additional Regulations for Conditional Uses Only
1)
A Bed and Breakfast Home shall be developed in accordance with Section 45.0 of this By-law.
2)
A Planned Unit Development shall be developed in accordance with Section 46.0 of this By-law.
SECTIONS
RESIDENTIAL ZONING DISTRICT
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REGULATIONS
RM OF SPRINGFIELD
Page
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NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
120
58.8
Additional Regulations for Accessory Uses, Buildings and Structures
1)
All accessory uses, buildings and structures shall be developed in accordance with the RM of
Springfield Lot Grade By-law.
2)
The maximum building area regulation of 74.32 sq. m. (800.00 sq. ft.) shall not apply to Private and
Semi-Private Swimming Pools, Hot Tubs and Seasonal Non-Winter structures such as decks, screened
porches or verandas, uncovered walks and wheelchair ramps.
SECTIONS
RESIDENTIAL ZONING DISTRICT
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REGULATIONS
RM OF SPRINGFIELD
Page
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NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
121
59.0
RM: Residential Multiple Family Zoning District
59.1
General Purpose
To provide a Zoning District for the development of Multiple Family Dwellings, Townhouse Dwellings and
Two Family Dwellings as well as associated or compatible uses.
59.2
Permitted Uses
1)
Home Occupation
5)
Semi-Detached Dwelling
2)
Institutional Residence
6)
Townhouse Dwelling
3)
Multiple Family Dwelling
7)
Two Family Dwelling
4)
Public Park
59.3
Conditional Uses
1)
Bed and Breakfast Home
9)
Public Utility Service
2)
Child Care Service
10)
Religious Assembly
3)
Community Recreation Service
11)
Single Family Dwelling
4)
Planned Unit Development
5)
Private Education Service
6)
Protective and Emergency Service
7)
Public Education Service
8)
Public Library and Cultural Exhibit
59.4
Site Regulations
Townhouse Dwellings
1) Site Area min. 278.70 sq. m. (3,000.00 sq. ft.)/unit
2) Site Width min. 9.14 m. (30.00 ft.)/unit
3) Front Yard min. 9.14 m. (30.00 ft.)
4) Rear Yard min. 7.62 m. (25.00 ft.)
5) Side Yard min. 3.05 m. (10.00 ft.)
6) Corner Side Yard min. 4.57 m. (15.00 ft.)
7) Site Coverage
max. 60.00%
8) Building Height
max. 10.67 m. (35.00 ft.)
9) Dwelling Area
min. 55.74 sq. m. (600.00 sq. ft.)
59.5
Site Regulations
Multiple Family Dwellings
1) Site Area
See Section 59.7(2) of this By-law
2) Site Width
min. 30.48 m. (100.00 ft.)
3) Front Yard
min. 9.14 m. (30.00 ft.)
4) Rear Yard
min. 7.62 m. (25.00 ft.)
5) Side Yard
min. 4.57 m. (15.00 ft.)
6) Corner Side Yard min. 4.57 m. (15.00 ft.)
7) Site Coverage
max. 60.00%
8) Building Height
max. 10.67 m. (35.00 ft.); 3.00 storeys
9) Dwelling Area
min. 37.16 sq. m. (400.00 sq. ft.)
59.6
Site Regulations: Accessory
Uses, Buildings and Structures
1) Site Area
N/A
2) Site Width
N/A
3) Front Yard
min. 9.14 m. (30.00 ft.)
4) Rear Yard
min. 4.57 m. (15.00 ft.)
5) Side Yard
min. 3.05 m. (10.00 ft.)
6) Corner Side Yard min. 4.57 m. (15.00 ft.)
7) Site Coverage
max. 10.00%
8) Building Height
max. 4.57m. (15.00 ft.)
9) Building Area
N/A
59.7
Additional Regulations for Permitted and Conditional Uses
1)
A Home Occupation shall be developed in accordance with Section 44.0 of this By-law.
2)
The minimum site area regulation for Multiple Family Dwellings shall be 929.00 sq. m. (10,000.00 sq.
ft.) for the first four dwelling units and 92.90 sq. m. (1,000.00 sq. ft.) for each additional dwelling unit.
3)
Non-Residential Use Class developments shall be developed in accordance with Section 64.0 of this By-
law.
4)
A Semi-Detached Dwelling and Two Family Dwelling shall be developed in accordance with Section 58.0
of this By-law.
SECTIONS
RESIDENTIAL ZONING DISTRICT
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REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
122
5)
All residential developments shall comply with Section 37.1 of this By-law.
59.8
Additional Regulations for Conditional Uses Only
1)
A Bed and Breakfast Home shall be developed in accordance with Section 45.0 of this By-law.
2)
A Planned Unit Development shall be developed in accordance with Section 46.0 of this By-law.
3)
A Single Family Dwelling shall be developed in accordance with Section 57.0 of this By-law.
SECTIONS
RESIDENTIAL ZONING DISTRICT
56-62
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
123
60.0
RC:
Residential Comprehensive Zoning District
60.1
General Purpose
Notwithstanding Section 46.0 of this By-law, to establish a Zoning District for housing and associated or
compatible uses as part of a planned unit development that are further regulated through various site
development and condominium agreements.
60.2
Permitted Uses
1)
Community Recreation Service
2)
Home Occupation
3)
Public Park
4)
Semi-Detached Dwelling
5)
Single Family Dwelling
60.3
Conditional Uses
1)
Institutional Residence
2)
Protective and Emergency Service
3)
Single Attached Dwelling
4)
Public Utility Service
60.4
Site Regulations
Permitted and Conditional Uses
1)
Site Area
min. 0.40 ha. (1.00 acre)
2)
Site Width
min. 38.10 m. (125.00 ft.)
3)
Front Yard
min. 7.62 m. (25.00 ft.)
4)
Rear Yard
min. 7.62 m. (25.00 ft.)
5)
Side Yard
min. 7.62 m. (25.00 ft.)
6)
Corner Side Yard min. 7.62 m. (25.00 ft.)
7)
Site Coverage
max. 45.00%
8)
Building Height max. 10.67 m. (35.00 ft.)
9)
Dwelling Area min. 83.61 sq. m. (900.00 sq. ft.)
10)
Dwelling Width min. 6.10 m. (20.00 ft.)
60.5
Site Regulations
Accessory Uses, Buildings and Structures
1)
Site Area
N/A
2)
Site Width N/A
3)
Front Yard min. 6.10 m. (20.00 ft.)
4)
Rear Yard min. 3.05 m. (10.00 ft.)
5)
Side Yard
min. 1.20 m. (4.00 ft.)
6)
Corner Side Yard
min. 3.05 m. (10.00 ft.)
7)
Site Coverage
N/A
8)
Building Area
max. 1.00%
9)
Building Height
max. 4.57 m. (15.00 ft.)
10) Building Width
N/A
60.6
Additional Regulations for Permitted and Conditional Uses
1)
A Home Occupation shall be developed in accordance with Section 44.0 of this By-law.
2)
The maximum gross density shall be 12.36 dwellings per hectare (5.00 dwellings per acre).
3)
The separation space between buildings shall be provided as follows:
a)
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 Figure 12; and
b)
a minimum depth of 1.52 m. (5.00 ft.) in front of a habitable room window other than a principal
living room window, a non-habitable window, entry or blank wall, as depicted in Figure 14.
SECTIONS
RESIDENTIAL ZONING DISTRICT
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REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
124
Figure 14.
Separation Spaces
c)
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.
4)
The minimum separation distance between two residential buildings shall be double the separation space
regulations as indicated in Section 60.6 (3) of this By-law.
5)
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.
6)
In addition to other submission regulations of this By-law, the following additional information shall be
required:
a)
the location and 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.
7)
All residential developments shall comply with Section 37.1 of this By-law.
SECTIONS
RESIDENTIAL ZONING DISTRICT
56-62
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
125
61.0
MHR: Mobile Home Residential Zoning District
61.1
General Purpose
To provide a Zoning District to accommodate the development and placement of Mobile Home Dwellings and
associated or compatible uses.
61.2
Permitted Uses
1)
Home Occupation
2)
Mobile Home Dwelling
3)
Protective and Emergency Service
4)
Public Park
5)
Public Utility Service
61.3
Conditional Uses
1)
Child Care Service
2)
Community Recreation Service
61.4
Site Regulations:
Permitted and Conditional Uses
1)
Site Area
min. 4.05 ha. (10.00 acres)
2)
Site Width
min. 60.96 m. (200.00 ft.)
3)
Front Yard
min. 6.10 m. (20.00 ft.)
4)
Rear Yard
min. 6.10 m. (20.00 ft.)
5)
Side Yard
min. 3.05 m. (10.00 ft.)
6)
Corner Side Yard min. 4.57 m. (15.00 ft.)
7)
Site Coverage
max. 40.00%
8)
Building Height max. 10.67 m. (35.00 ft.); 2.50 storeys
9)
Dwelling Area
min. 46.45 sq. m. (500.00 sq. ft.)
61.5
Site Regulations:
Accessory Uses, Buildings and Structures
1)
Site Area
N/A
2)
Site Width
N/A
3)
Front Yard
min. 6.10 m. (20.00 ft.)
4)
Rear Yard
min. 6.10 m. (20.00 ft.)
5)
Side Yard
min. 1.52 m. (5.00 ft.)
6)
Corner Side Yard min. 3.05 m. (10.00 ft.)
7)
Site Coverage
N/A
8)
Building Height max. 6.10 m. (20.00 ft.)
9)
Building Area
max. 74.32 sq. m. (800.00 sq. ft.)
61.6
Additional Regulations for Permitted Uses Only
1)
A Home Occupation shall be developed in accordance with Section 44.0 of this By-law.
2)
In the case of Mobile Home Dwelling sites within a mobile home park development:
a)
the minimum site area requirement shall be 371.60 sq. m. (4,000.00 sq. ft.);
b)
the minimum site width requirement shall be 12.19 m. (40.00 ft.); and
c)
the separation spaces between Mobile Home Dwellings, including accessory uses, buildings and
structures, shall be the same as the yard regulations.
3)
A Mobile Home Dwelling within 304.80 m. (1,000.00 ft.) of the property limits of an active Natural
Resource Development or sites that are zoned either MX: Industrial Extractive or MXH: Industrial
Extractive Holding Zoning Districts shall be deemed a conditional use.
SECTIONS
RESIDENTIAL ZONING DISTRICT
56-62
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
126
62.0
RR:
Rural Residential Zoning District
62.1
General Purpose
To provide a Zoning District for Single Family Dwellings and associated or compatible uses in a rural setting.
62.2
Permitted Uses
1)
Agricultural Activities
6)
Protective and Emergency Service
2)
Community Recreation Service
7)
Public Park
3)
Cottage Dwelling
8)
Public Utility Service
4)
Home Occupation 8) Single Family Dwelling
62.3
Conditional Uses
1)
Bed and Breakfast Home
8)
Home Industry
2)
Child Care Service
9)
Planned Unit Development
3) Car Broker 10) Mobile Home Dwelling
4)
Farm Produce Outlet 11) Residential Related Farm
5) Greenhouse, Plant and Tree Nursery
12)
Small Animal Breeding and Boarding Establishment
6)
Guest Cabin 13) Temporary Additional Dwelling or Mobile Home Dwelling
7) Government Service
14) Wind Turbine Personal Use
62.4
Site Regulations:
Permitted and Conditional Uses
1)
Site Area
min. 2.02 ha. (5.00 acres)
2)
Site Width
min. 91.44 m. (300.00 ft.)
3)
Front Yard
min. 38.10 m. (125.00 ft.)
4)
Rear Yard
min. 7.62 m. (25.00 ft.)
5)
Side Yard
min. 7.62 m. (25.00 ft.)
6)
Site Coverage
max. 10.00%
7)
Building Height max. 10.67 m. (35.00 ft.); 2.50 storeys
8)
Dwelling Area
min. 74.32 sq. m. (800.00 sq. ft.)
62.5
Site Regulations:
Accessory Uses, Buildings and Structures
1)
Site Area
N/A
2)
Site Width
N/A
3)
Front Yard
min. 38.10 m. (125.00 ft.)
4)
Rear Yard
min. 7.62 m. (25.00 ft.)
5)
Side Yard
min. 7.62 m. (25.00 ft.)
6)
Site Coverage
N/A
7)
Building Height max. 9.15 m. (30.00 ft.)
8)
Building Area
max. 185.80 sq. m. (2,000.00 sq. ft.)
62.6
Additional Regulations for Permitted and Conditional Uses
1)
A Home Industry shall be developed in accordance with Section 43.0 of this By-law.
2)
A Home Occupation shall be developed in accordance with Section 44.0 of this By-law.
3)
A Planned Unit Development shall be developed in accordance with Section 46.0 of this By-law.
4)
A Car Broker shall be developed in accordance with Section 48.0 of this By-law.
5)
Water supply and sewage disposal shall be provided in accordance with The Environment Act, The
Public Health Act, and The Drinking Water Safety Act. .
SECTIONS
RESIDENTIAL ZONING DISTRICT
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REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
127
6)
Buildings, structures and hedges adjacent to Provincial Highways, Provincial Roads and Provincial
Access Roads shall be setback in accordance with The Highways Protection Act and The Highways and
Transportation Act.
7)
All residential developments shall comply with Section 37.1 of this By-law.
8)
A Cottage Dwelling or Single Family Dwelling within 304.80 m. (1,000.00 ft.) of the property limits of
an active Natural Resource Development or sites that are zoned either MX: Industrial Extractive or
MXH: Industrial Extractive Holding Zoning Districts shall be deemed a conditional use.
62.7
Additional Regulations for Conditional Uses Only
1)
Notwithstanding the regulations pertaining to the RR: Rural Residential Zoning District, for the site
shown on the Zoning District Map as RR-1, the existing 'Trucking Establishment', as operating at the
effective date of this By-law, shall be listed as a Conditional Use. Any alteration or enlargement to the
existing operation will require a conditional use hearing in accordance with the Act.
2)
A Planned Unit Development shall be developed in accordance with Section 46.0 of this By-law.
3)
A Temporary Additional Dwelling or Mobile Home Dwelling shall be developed in accordance with
Section 49.0 of this By-law.
4)
A Residential Related Farm shall be developed in accordance with Section 50.0 of this By-law.
5)
A Small Animal Breeding and Boarding Establishment shall be developed in accordance with Section
53.0 of this By-law.
62.8
Additional Regulations for Accessory Uses, Buildings and Structures
1)
The maximum building area regulation of 185.80 sq. m. (2,000.00 sq. ft.) shall not apply to Private and
Semi-Private Swimming Pools, Hot Tubs and Seasonal Non-Winter structures such as decks, screened
porches or verandas, uncovered walks and wheelchair ramps.
COMMERCIAL ZONING DISTRICTS
SECTIONS
COMMERCIAL ZONING DISTRICT
63-66
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
128
63.0
Commercial Zoning Districts
63.1
Purpose
1)
The Commercial Zoning Districts established in this By-law are intended
to provide sufficient land in appropriate locations for various types of
commercial and related development in the RM of Springfield in keeping
with the provisions of the RM of Springfield Development Plan.
2)
The following Commercial Zoning Districts are hereby established:
a)
CC:
Commercial Central Zoning District
b)
CH:
Commercial Highway Zoning District
c)
CR:
Commercial Recreation Zoning District
SECTIONS
COMMERCIAL ZONING DISTRICT
63-66
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
129
64.0
CC:
Commercial Central Zoning District
64.1
General Purpose
To establish a District for commercial, residential, office and service uses within the central commercial areas
of Oakbank, Dugald, Anola and the Hamlet Areas.
64.2
Permitted Uses
1)
Business Support Service
9)
Institutional Residence
2)
Child Care Service
10)
Personal Service Shop
3)
Eating and Drinking Establishment
11)
Professional, Financial and Office Support Service
4)
General Retail Store
12)
Protective and Emergency Service
5)
Government Service
13)
Public Library and Cultural Exhibit
6)
Health Service
14)
Public Park
7)
Home Occupation
15)
Public Utility Service
8)
Household Repair Service
64.3
Conditional Uses
1)
Amusement Establishment
12)
Indoor Participant Recreation Service
2)
Animal Shelter and Veterinary Service
13)
Mobile Catering Food Service
3)
Broadcasting and Motion Picture Studio
14)
Motel
4)
Commercial School
15)
Multiple Family Dwelling
5)
Community Service Club
16)
Non-Accessory Parking
6)
Extended Medical Treatment Service
17)
Private Club
7)
Funeral Service
18)
Religious Assembly
8)
Hotel
19)
Spectator Entertainment Establishment
9) Drive-Inn Food Service 20) Greenhouse, Plant and Tree Nursery
10) Automotive and Recreational Vehicle Sales 21) Rapid Drive-Through Vehicle Service
11) Farm Produce Outlet 22) Service Station
23) Mini-Warehouse and Self Storage
64.4
Site Regulations
Permitted and Conditional Uses
1)
Floor Area Ratio max. 1.00
2)
Rear Yard
min. 6.10 m. (20.00 ft.)
3)
Side Yard
See Section 64.6 (2) of this By-law
4)
Building Height max. 10.67 m. (35.00 ft.); 2.50 storeys
5)
Site Coverage
max. 60.00%
64.5
Site Regulations
Accessory Uses, Buildings and Structures
1)
Floor Area Ratio N/A
2)
Rear Yard
min. 1.52 m. (5.00 ft.)
3)
Side Yard
See Section 64.6 (2) of this By-law
4)
Building Height max. 9.15 m. (30.00 ft.)
5)
Site Coverage
max. 15.00%
64.6
Additional Regulations for Permitted and Conditional Uses
1)
A Home Occupation shall be developed in accordance with Section 44.0 of this By-law.
2)
A minimum side yard of 3.05 m. (10.00 ft.) shall be required where a site abuts the lot line of a site in
the RS: Residential Single Family, RT: Residential Two-Family, RM: Residential Multiple Family and
RC: Residential Comprehensive Zoning Districts or a Residential Use Class development in the HA:
Hamlet Area Zoning District.
SECTIONS
COMMERCIAL ZONING DISTRICT
63-66
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
130
3)
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 the RS: Residential Single
Family, RT: Residential Two-Family, RM: Residential Multiple Family, RC: Residential
Comprehensive and HA: Hamlet Area Zoning Districts or a lane serving said Zoning Districts 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.
4)
Any fuel storage areas established on the site shall comply with Manitoba Regulation 97/88R respecting
Storage and Handling of Gasoline and Associated Products.
5)
Any used oil products and other regulated hazardous wastes generated or stored on the site shall be
collected and disposed of in accordance with all applicable Manitoba Conservation legislation.
6)
A dwelling unit is allowed only in conjunction with a permitted use or conditional use development if:
a)
it is occupied by the owner/operator or a site watchperson or caretaker, if necessary; or
b)
the said permitted use or conditional use is the primary ground floor use.
7)
All developments shall comply with Section 37.2 of this By-law.
8)
Outdoor dining and drinking areas accessory to a permitted Eating and Drinking Establishment are
subject to the following standards:
a)
Where a zoning site abuts a residential district or a local street or a lane separating the site from a
residential district, the maximum gross floor area is 18.58 sq. m. (200.00 sq. ft.).
b)
Outdoor speakers or amplification systems shall not be allowed where a zoning site abuts a
residential district or a local street or a lane separating the site from a residential district.
64.7
Additional Regulations for Conditional Uses Only
1)
A Multiple Family Dwelling is allowed only in conjunction with a permitted use or conditional use
development if the said permitted use or conditional use is the primary ground floor use. A Multiple
Family Dwelling shall be developed in accordance with Section 59.0 of this By-law.
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65.0
CH:
Commercial Highway Zoning District
65.1
General Purpose
To establish a Zoning District for high quality commercial development along major roadways.
65.2
Permitted Uses
1)
Automotive and Equipment Repair Shop
14)
Mini-Warehouse and Self-Storage
2)
Automotive and Recreational Vehicle Sales
15)
Non-Accessory Parking
3)
Business Support Service
16)
Personal Service Shop
4)
Convenience Vehicle Rentals
17)
Professional, Financial, and Office Support Service
5)
Drive-In Food Service
18)
Protective and Emergency Service
6)
Eating and Drinking Establishment
19)
Public Park
7)
Gas Bar
20)
Public Utility Service
8)
General Retail Store
21)
Rapid Drive-Through Vehicle Service
9)
Government Service
22)
Service Station
10)
Greenhouse, Plant and Tree Nursery
23)
Spectator Entertainment Establishment
11)
Health Service
24)
Truck and Mobile Home Sales and/or Rentals
12)
Household Repair Service
25)
Trucking Operation
13)
Limited Contractor Service 26) Warehouse Sales
65.3
Conditional Uses
1)
Agricultural Crop Protection Warehouse
11)
General Contractor Service
2)
Agricultural Implement Sales and Service
12)
Hotel
3)
Amusement Establishment
13)
Indoor Participant Recreation Service
4)
Auctioneering Establishment
14)
Motel
5)
Carnival
15)
Outdoor Amusement Establishment
6)
Commercial School
16)
Outdoor Participant Recreation Service
7)
Community Service Club
17)
Private Club
8)
Equipment Rentals and Sales
18)
Religious Assembly
9)
Funeral Service 19) Bulk Storage Facility
10) Animal Shelter and Veterinary Service
20)
Tourist Campsite
21) General Storage
65.4
Site Regulations
Permitted and Conditional Uses
1)
Floor Area Ratio max. 1.00
2)
Site Width
min. 30.48 m. (100.00 ft.)
3) Site Area
min. 0.20 ha. (0.50ac.)
3)
Front Yard
min. 7.62 m. (25.00 ft.)
4)
Rear Yard
min. 7.62 m. (25.00 ft.)
5)
Side Yard
min. 3.05 m. (10.00 ft.)
6)
Building Height max. 10.67 m. (35.00 ft.); 2.50 storeys
65.5
Site Regulations
Accessory Uses, Buildings and Structures
1)
Floor Area Ratio N/A
2)
Site Width
N/A
3)
Front Yard
min. 7.62 m. (25.00 ft.)
4)
Rear Yard
min. 3.05 m. (10.00 ft.)
5)
Side Yard
min. 3.05 m. (10.00 ft.)
6)
Building Height max. 9.15 m. (30.00 ft.)
65.6
Additional Regulations for Permitted and Conditional Uses
1)
A minimum yard of 15.24 m. (50.00 ft.) shall be required where a site abuts the lot line of a site in an
existing or future Residential Area as indicated in the RM of Springfield Development Plan.
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2)
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.
3)
All exposed building faces shall have consistent and harmonious exterior finishing materials.
4)
Any fuel storage areas established on the site shall comply with Manitoba Regulation 97/88R respecting
Storage and Handling of Gasoline and Associated Products.
5)
Any used oil products and other regulated hazardous wastes generated or stored on the site shall be
collected and disposed of in accordance with all applicable Manitoba Conservation legislation.
6)
Buildings, structures and hedges adjacent to Provincial Trunk Highways, Provincial Roads and
Provincial Access Roads shall be setback in accordance with The Highways Protection Act and The
Highways and Transportation Act.
7)
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.
8)
All developments shall comply with Section 37.2 of this By-law.
9)
Outdoor dining and drinking areas accessory to a permitted Eating and Drinking Establishment are
subject to the following standards:
a)
Where a zoning site abuts a residential district or a local street or a lane separating the site from a
residential district, the maximum gross floor area is 18.58 sq. m. (200.00 sq. ft.).
b)
Outdoor speakers or amplification systems shall not be allowed where a zoning site abuts a
residential district or a local street or a lane separating the site from a residential district.
65.7
Additional Regulations for Conditional Uses Only
1)
The siting and access for the following developments shall be to the satisfaction of the Development
Officer who shall ensure that such developments do not prejudice the safety and transportation function
of public roadways:
a)
Drive-In Food Service
b)
Eating and Drinking Establishment
c)
Rapid Drive-Through Vehicle Service
d)
General Retail Store
2)
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.
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COMMERCIAL ZONING DISTRICT
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66.0
CR:
Commercial Recreation Zoning District
66.1
General Purpose
To establish a Zoning District for high quality commercial tourism and resort developments in a rural or semi-
rural setting.
66.2
Permitted Uses
1)
Bed and Breakfast Home
7)
Indoor Participant Recreation Service
2)
Child Care Service
8)
Outdoor Amusement Establishment
3)
Convenience Retail Store
9)
Outdoor Participant Recreation Service
4)
Cottage Dwelling
10)
Personal Service Shop
5)
Eating and Drinking Establishment
11)
Public Park
6)
Health Service
12)
Public Library and Cultural Exhibit
13) Spectator Entertainment Establishment
66.3
Conditional Uses
1)
Amusement Establishment
8)
Lodge
2)
Carnival
9)
Motel
3)
Commercial Resort
10)
Private Club
4)
Community Service Club
11)
Public Utility Service
5)
Gas Bar
12)
Tourist Campsite
6)
Guest Cabin
7)
Hotel
66.4
Site Regulations
Permitted and Conditional Uses
1)
Site Area
min. 0.80 ha. (2.00 acres)
2)
Floor Area Ratio max. 1.00
3)
Site Width
min. 60.96 m. (200.00 ft.)
4)
Front Yard
min. 15.24 m. (50.00 ft.)
5)
Rear Yard
min. 7.62 m. (25.00 ft.)
6)
Side Yard
min. 7.62 m. (25.00 ft.)
7)
Building Height max. 10.67 m. (35.00 ft.); 2.50 storeys
8)
Site Coverage
max. 50.00%
66.5
Site Regulations
Accessory Uses, Buildings and Structures
1)
Site Area
N/A
2)
Floor Area Ratio N/A
3)
Site Width
N/A
4)
Front Yard
min. 15.24 m. (50.00 ft.)
5)
Rear Yard
min. 7.62 m. (25.00 ft.)
6)
Side Yard
min. 7.62 m. (25.00 ft.)
7)
Building Height max. 9.15 m. (30.00 ft.)
8)
Site Coverage
N/A
66.6
Additional Regulations for Permitted and Conditional Uses
1)
A Bed and Breakfast Home shall be developed in accordance with Section 45.0 of this By-law.
2)
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
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outdoor service or display area, or both, they shall be screened in accordance with Section 30.0 of this
By-law.
3)
Any fuel storage areas established on the site shall comply with Manitoba Regulation 97/88R respecting
Storage and Handling of Gasoline and Associated Products.
4)
Any used oil products and other regulated hazardous wastes generated or stored on the site shall be
collected and disposed of in accordance with all applicable Manitoba Conservation legislation.
5)
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.
6)
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.
7)
All developments shall comply with Section 37.2 of this By-law.
8)
Outdoor dining and drinking areas accessory to a permitted Eating and Drinking Establishment are
subject to the following standards:
a)
Where a zoning site abuts a residential district or a local street or a lane separating the site from a
residential district, the maximum gross floor area is 18.58 sq. m. (200.00 sq. ft.).
b)
Outdoor speakers or amplification systems shall not be allowed where a zoning site abuts a
residential district or a local street or a lane separating the site from a residential district.
INDUSTRIAL ZONING DISTRICTS
SECTIONS
INDUSTRIAL ZONING DISTRICT
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67.0
Industrial Zoning Districts
67.1
Purpose
1)
The Industrial Zoning Districts established in this By-law are intended to
provide sufficient land in appropriate locations for various types of
industrial and related development in the RM of Springfield in keeping
with the provisions of the RM of Springfield Development Plan.
2)
The following Industrial Zoning Districts are hereby established:
a)
MB:
Industrial Business Zoning District
b)
MG:
Industrial General Zoning District
c)
MX:
Industrial Extractive Zoning District
d)
MXH: Industrial Extractive Holding Zoning District
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RM OF SPRINGFIELD
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68.0
MB:
Industrial Business Zoning District
68.1
General Purpose
To establish a Zoning District for light industrial and related businesses which carry out their operations
primarily within an enclosed building and with limited outdoor storage or operational characteristics.
68.2
Permitted Uses
1)
Business Support Service
15)
Limited Contractor Service
2)
Commercial School
16)
Mobile Catering Food Service
3)
Custom Manufacturing Establishment
17)
Non-Accessory Parking
4)
Drive-In Food Service
18)
Professional, Financial and Office Support Service
5)
Eating and Drinking Establishment
19)
Protective and Emergency Service
6)
Fleet Service
20)
Public Park
7)
Funeral Service
21)
Public Utility Service
8)
Personal Service Shop
22)
Rapid Drive-Through Vehicle Service
9)
Government Service
23)
Religious Assembly
10)
Health Service
24)
Service Station
11)
Household Repair Service
25)
Spectator Entertainment Establishment
12)
Indoor Participant Recreation Service
26)
Warehouse Sales
13)
Light Industrial 27) Trucking Operation
14) Greenhouse, Plant and Tree Nursery 28) Outdoor Participant Recreation Service
29) Mini-Warehouse and Self-Storage
68.3
Conditional Uses
1) Animal Shelter and Veterinary Service 10) Farm Produce Outlet
2)
Amusement Establishment
11)
General Contractor Service
3)
Auctioneering Establishment
12)
Industrial Vehicle and Equipment Sales and/or Rentals
4)
Automotive and Equipment Repair Shop
13) General Storage
5)
Automotive and Recreational Vehicle Sales
14)
Recycling Depot
6)
Broadcasting and Motion Picture Studio
15)
Transport Terminal
7)
Convenience Vehicle Rentals
16)
Truck and Mobile Home Sales and/or Rentals
8)
Equipment Rentals and Sales 17) Wind turbine Personal Use
9) Outdoor Amusement Enterprise
68.4
Site Regulations
Permitted and Conditional Uses
1)
Site Width
min. 22.86 m. (75.00 ft.)
2) Site Area
min. 0.40 ha. (1.00 ac.)
3)
Floor Area Ratio max. 1.00
4)
Front Yard
min. 7.62 m. (25.00 ft.)
5)
Rear Yard
min. 3.05 m. (10.00 ft.)
6)
Side Yard
min. 3.05 m. (10.00 ft.)
7)
Corner Side Yard min. 3.05 m. (10.00 ft.)
8)
Building Height max. 10.67 m. (35.00 ft.); 3.00 storeys
68.5
Site Regulations
Accessory Uses, Buildings and Structures
1)
Site Width
N/A
2)
Floor Area Ratio N/A
3)
Front Yard
min. 7.62 m. (25.00 ft.)
4)
Rear Yard
min. 3.05 m. (10.00 ft.)
5)
Side Yard
min. 3.05 m. (10.00 ft.)
6)
Corner Side Yard min. 4.57 m. (15.00 ft.)
7)
Building Height max. 9.15 m. (30.00 ft.)
68.6
Additional Regulations for Permitted and Conditional Uses
1)
Where a site abuts the lot line of an existing or future Residential Area as indicated in the RM of
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Springfield Development Plan, a 7.62 m. (25.00 ft.) landscaped yard is required. This yard shall include
a berm, fence and extensive landscaping to the satisfaction of the Development Officer or Council.
2)
Where a site abuts the lot line of an existing or future Residential Area as indicated in the RM of
Springfield Development Plan, any buildings shall be setback a minimum of 15.24 m. (50.00 ft.) from
the lot line.
3)
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.
4)
All developments shall comply with Section 36.0 of this By-law.
5)
Any fuel storage areas established on the site shall comply with Manitoba Regulation 97/88R respecting
Storage and Handling of Gasoline and Associated Products.
6)
Any used oil products and other regulated hazardous wastes generated or stored on the site shall be
collected and disposed of in accordance with all applicable Manitoba Conservation legislation.
7)
When outside storage of goods and materials is required:
a)
the storage shall be located to the rear of a line adjacent to and parallel with the front wall of the
building;
b)
the storage shall not project above the height of the wall or fence; and
c)
a solid fence shall be provided and maintained in a condition that is acceptable to the
Development Officer.
8)
The operation of all uses shall comply with all environmental and public health regulations of the Province
of Manitoba. If the Development 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.
9)
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.
10)
Despite Sections 68.2 and 68.3 of this By-law, the site legally described as S1/2 of 1-11-4E as shown on
the Zoning Map as MB-1, a bio-diesel manufacturing plant and related accessory uses and buildings are
the only permitted uses on this site.
11)
Outdoor dining and drinking areas accessory to a permitted Eating and Drinking Establishment are
subject to the following standards:
a)
Where a zoning site abuts a residential district or a local street or a lane separating the site from a
residential district, the maximum gross floor area is 18.58 sq. m. (200.00 sq. ft.).
b)
Outdoor speakers or amplification systems shall not be allowed where a zoning site abuts a
residential district or a local street or a lane separating the site from a residential district.
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69.0
MG: Industrial General Zoning District
69.1
General Purpose
To establish a Zoning District for a wide range general industrial uses within the RM of Springfield.
69.2
Permitted Uses
1)
Business Support Service
15)
Indoor Participant Recreation Service
2)
Commercial School
16)
Light Industrial
3)
Custom Manufacturing Establishment
17)
Limited Contractor Service
4)
Drive-In Food Service
18)
Mobile Catering Food Service
5)
Eating and Drinking Establishment
19)
Non-Accessory Parking
6)
Fleet Service
20)
Professional, Financial and Office Support Service
7)
Funeral Service
21)
Protective and Emergency Service
8)
General Industrial
22)
Public Park
9)
General Storage
23)
Public Utility Service
10)
Government Service
24)
Rapid Drive-Through Vehicle Service
11)
Health Service
25)
Service Station
12)
Household Repair Service
26)
Warehouse Sales
13) Personal Service Shops 27) Animal Shelter and Veterinary Clinic
14) Mini-Warehouse and Self-Storage 28) Outdoor Participant Recreation Service
69.3
Conditional Uses
1)
Agricultural Implement Sales and Service
10)
Industrial Vehicle and Equipment Sales and/or Rentals
2)
Amusement Establishment
11)
Trucking Operation
3)
Auctioneering Establishment
12)
Private Club
4)
Automotive and Equipment Repair Shop
13)
Processing Use
5)
Automotive and Recreational Vehicle Sales
14)
Recycling Depot
6)
Broadcasting and Motion Picture Studio
15)
Storage Compound
7)
Convenience Vehicle Rentals
16)
Transport Terminal
8)
Equipment Rentals and Sales
17)
Truck and Mobile Home Sales and/or Rentals
9)
General Contractor Service 18) Wind Turbine Personal Use
69.4
Site Regulations
Permitted and Conditional Uses
1)
Site Width
min. 22.86 m. (75.00 ft.)
2) Site Area
min. 0.40 ha. (1.00 ac.)
3)
Floor Area Ratio max. 1.00
4)
Front Yard
min. 7.62 m. (25.00 ft.)
5)
Rear Yard
min. 3.05 m. (10.00 ft.)
6)
Side Yard
min. 3.05 m. (10.00 ft.)
7)
Corner Side Yard min. 4.57 m. (15.00 ft.)
8)
Building Height max. 10.67 m. (35.00 ft.); 3.00 storeys
69.5
Site Regulations
Accessory Uses, Buildings and Structures
1)
Site Width
N/A
2)
Floor Area Ratio N/A
3)
Front Yard
min. 7.62 m. (25.00 ft.)
4)
Rear Yard
min. 3.05m. (10.00 ft.)
5)
Side Yard
min. 3.05 m. (10.00 ft.)
6)
Corner Side Yard min. 4.57 m. (15.00 ft.)
7)
Building Height max. 9.15 m. (30.00 ft.)
69.6
Additional Regulations for Permitted and Conditional Uses
1)
Where a site abuts the lot line of an existing or future Residential Area as indicated in the RM of
Springfield Development Plan, a 15.24 m. (50.00 ft.) landscaped yard is required. This yard shall
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include a berm, fence and extensive landscaping to the satisfaction of the Development Officer or
Council. As a minimum, this landscaping screen shall consist of an earthen berm of not less than 1.52
m. (5.00 ft.) in height and a width of not less than 2.50 m. (8.20 ft.). In cases where the landscaping
screen is a hedge, it shall be a minimum of 1.52 m. (5.00 ft.) in height.
2)
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.
3)
All developments shall comply with Section 36.0 of this By-law.
4)
Any fuel storage areas established on the site shall comply with Manitoba Regulation 97/88R respecting
Storage and Handling of Gasoline and Associated Products.
5)
Any used oil products and other regulated hazardous wastes generated or stored on the site shall be
collected and disposed of in accordance with all applicable Manitoba Conservation legislation.
6)
When outside storage of goods and materials is required:
a)
the storage shall be located to the rear of a line adjacent to and parallel with the front wall of the
building;
b)
the storage shall not project above the height of the wall or fence; and
c)
a solid fence shall be provided and maintained in a condition acceptable to the Development
Officer.
7)
The operation of all uses shall comply with all environmental and public health regulations of the
Province of Manitoba. If the Development 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.
8)
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.
9)
Notwithstanding the regulations pertaining to the MG: Industrial General Zoning District, the following
uses are prohibited on those sites shown on the Zoning District Map as MG-1:
a)
Auctioneering Establishment;
b)
Dwelling Unit;
c)
Indoor Participant Recreation Service;
d)
Licensed Drinking Establishment;
e)
Personal Service Shop;
f)
Private Club;
g)
Processing Use;
h)
Professional, Financial and Office Support Service;
i)
Public Utility Service;
j)
Rapid Drive-Through Vehicle Service;
k)
Recycling Depot;
l)
Storage Compound; and
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m)
Transport Terminal.
10)
Outdoor dining and drinking areas accessory to a permitted Eating and Drinking Establishment are
subject to the following standards:
a)
Where a zoning site abuts a residential district or a local street or a lane separating the site from a
residential district, the maximum gross floor area is 18.58 sq. m. (200.00 sq. ft.).
b)
Outdoor speakers or amplification systems shall not be allowed where a zoning site abuts a
residential district or a local street or a lane separating the site from a residential district.
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70.0
MX: Industrial Extractive Zoning District
70.1
General Purpose
To establish a Zoning District for the orderly extraction of aggregate resources.
70.2
Permitted Uses
1) Mineral Exploration
2) Natural Resource Development
70.3
Conditional Uses
1) Bulk Storage Facility
2) General Contractor Service
3) Portable Asphalt Plant
4) Processing Use
5) Wayside Pit and Quarry
70.4
Site Regulations
Permitted and Conditional Uses
1)
Site Area
min. 2.02 ha. (5.00 acres)
2)
Site Width
min. 91.44 m. (300.00 ft.)
3)
Floor Area Ratio max. 1.00
4)
Front Yard
min. 4.57 m. (15.00 ft.)
5)
Rear Yard
min. 4.57 m. (15.00 ft.)
6)
Side Yard
min. 4.57 m. (15.00 ft.)
7)
Corner Side Yard min. 4.57 m. (15.00 ft.)
8)
Building Height max. 10.67 m. (35.00 ft.); 3.00 storeys
70.5
Site Regulations
Accessory Uses, Buildings and Structures
1)
Site Area
N/A
2)
Site Width
N/A
3)
Floor Area Ratio N/A
4)
Front Yard
min. 4.57 m. (15.00 ft.)
5)
Rear Yard
min. 4.57 m. (15.00 ft.)
6)
Side Yard
min. 4.57 m. (15.00 ft.)
7)
Corner Side Yard min. 4.57 m. (15.00 ft.)
8)
Building Height max. 9.15 m. (30.00 ft.)
70.6
Additional Regulations for Permitted and Conditional Uses Only
1)
Where a site abuts the lot line of "Hamlet", "Residential", "Rural and Agricultural" or "Rural
Residential" Areas as indicated in the RM of Springfield Development Plan, a 30.48 m. (100.00 ft.) yard
is required. This yard shall include a berm, fence, extensive landscaping or a combination thereof to the
satisfaction of the Development Officer or Council.
2)
A Natural Resource Development shall be developed in accordance with Section 54.0 of this By-law and
any Municipal By-laws dealing with Natural Resource Developments.
3)
Notwithstanding the above maximum building height regulations, for any mechanical equipment or use
such as draglines, conveyors, crushers, screeners, silos, stockpiling materials, etc. as determined by the
Development Officer that is associated with a conditional use, the maximum building height regulations
do not apply.
SECTIONS
INDUSTRIAL ZONING DISTRICT
67-71
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
142
4)
All Mineral Explorations and Natural Resource Developments shall comply with Manitoba Mines and
Mineral Act and Manitoba Regulations 64/92 (Mineral Disposition and Mineral Lease) and 65/92
(Quarry Minerals).
SECTIONS
INDUSTRIAL ZONING DISTRICT
67-71
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
143
71.0
MXH: Industrial Extractive Holding Zoning District
71.1
General Purpose
To establish a Zoning District to protect aggregate resources as identified in the RM of Springfield Development
Plan.
71.2
Conditional Uses
1) Agricultural Activities Excluding Buildings or Structures
2) Natural Resource Development
3) Portable Asphalt Plant
4) Processing Use
5) Wayside Pit and Quarry
6) Mineral Exploration
7) General Contractor Service
71.3
Site Regulations
Permitted and Conditional Uses
1)
Site Area
min. 2.02 ha. (5.00 acres)
2)
Site Width
min. 91.44 m. (300.00 ft.)
3)
Floor Area Ratio max. 1.00
4)
Front Yard
min. 4.57 m. (15.00 ft.)
5)
Rear Yard
min. 4.57 m. (15.00 ft.)
6)
Side Yard
min. 4.57 m. (15.00 ft.)
7)
Corner Side Yard min. 4.57 m. (15.00 ft.)
8)
Building Height max. 10.67 m. (35.00 ft.); 3.00 storeys
71.4
Site Regulations
Accessory Uses, Buildings and Structures
1)
Site Area
N/A
2)
Site Width
N/A
3)
Floor Area Ratio N/A
4)
Front Yard
min. 4.57 m. (15.00 ft.)
5)
Rear Yard
min. 4.57 m. (15.00 ft.)
6)
Side Yard
min. 4.57 m. (15.00 ft.)
7)
Corner Side Yard min. 4.57m. (15.00 ft.)
8)
Building Height max. 9.15 m. (30.00 ft.)
71.6
Additional Regulations for Conditional Uses
1)
Where a site abuts the lot line of "Hamlet", "Residential", "Rural and Agricultural" or "Rural
Residential" Areas as indicated in the RM of Springfield Development Plan, a 30.48 m. (100.00 ft.) yard
is required. This yard shall include a berm, fence, extensive landscaping or a combination thereof to the
satisfaction of the Development Officer or Council.
2)
A Natural Resource Development shall be developed in accordance with Section 54.0 of this By-law and
any Municipal By-laws dealing with Natural Resource Developments.
3)
Notwithstanding the above maximum building height regulations, for any mechanical equipment or use
such as draglines, conveyors, crushers, screeners, silos, stockpiling materials, etc. as determined by the
Development Officer that is associated with a conditional use, the maximum building height regulations
do not apply.
5)
All Mineral Explorations and Natural Resource Developments shall comply with Manitoba Mines and
Mineral Act and Manitoba Regulations 64/92 (Mineral Disposition and Mineral Lease) and 65/92
(Quarry Minerals).
COMMUNITY SERVICE ZONING DISTRICTS
SECTIONS
COMMUNITY SERVICE ZONING DISTRICT
72-75
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
144
72.0
Community Service Zoning Districts
72.1
Purpose
1)
The Community Service Zoning Districts established in this By-law are
intended to provide sufficient land in appropriate locations for community
service developments of either a public or private nature in the RM of
Springfield in keeping with the provisions of the RM of Springfield
Development Plan.
2)
The following Community Service Zoning Districts are hereby
established:
a)
PR:
Parks and Recreation Zoning District
b)
I:
Institutional Zoning District
c)
SNR: Sensitive and Natural Resource Zoning District
SECTIONS
COMMUNITY SERVICE ZONING DISTRICT
72-75
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
145
73.0
PR:
Parks and Recreation Zoning District
73.1
General Purpose
To establish a Zoning District for active and passive recreational uses and landscaped buffers.
73.2
Permitted Uses
1)
Child Care Service
2)
Community Recreation Service
3)
Community Service Club
4)
Indoor Participant Recreation Service
5)
Outdoor Participant Recreation Service
6)
Protective and Emergency Service
7)
Public Library and Cultural Exhibit
8)
Public Park
9) Public Education Service
73.3
Conditional Uses
1)
Carnival
2)
Eating and Drinking Establishment, only when integrated with another Permitted or Conditional Use development
3)
Public Utility Service
4)
Spectator Entertainment Establishment
73.4
Site Regulations
Permitted and Conditional Uses
1)
Front Yard
min. 12.19 m. (40.00 ft.)
2)
Rear Yard
min. 7.62 m. (25.00 ft.)
3)
Side Yard
min. 3.05 m. (10.00 ft.)
4)
Corner Side Yard min. 4.57 m. (15.00 ft.)
5)
Building Height max. 10.67 m. (35.00 ft.); 2.50 storeys
73.5
Site Regulations
Accessory Uses, Buildings and Structures
1)
Front Yard
min. 12.19m. (40.00 ft.)
2)
Rear Yard
min. 3.05 m. (10.00 ft.)
3)
Side Yard
min. 3.05 m. (10.00 ft.)
4)
Corner Side Yard min. 4.57 m. (15.00 ft.)
5)
Building Height max. 6.10 m. (20.00 ft.)
SECTIONS
COMMUNITY SERVICE ZONING DISTRICT
72-75
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
146
74.0
I:
Institutional Zoning District
74.1
General Purpose
To provide a Zoning District for public and privately owned facilities of an institutional, governance or
community service nature.
74.2
Permitted Uses
1)
Child Care Service
7)
Protective and Emergency Service
2)
Community Recreation Service
8)
Public Education Service
3)
Community Service Club
9)
Public Library and Cultural Exhibit
4)
Government Service
10)
Public Park
5)
Health Service
11)
Public Utility Service
6)
Private Education Service
12)
Religious Assembly
74.3
Conditional Uses
1)
Carnival
2)
Cemetery
3)
Eating and Drinking Establishment, only when integrated with another Permitted or Conditional Use development
4)
Extended Medical Treatment Service
5)
Funeral Service
6)
Group Home
7)
Indoor Participant Recreation Service, only when integrated with another Permitted or Conditional Use development
8)
Institutional Residence
9)
Outdoor Participant Recreation Service, only when integrated with another Permitted or Conditional Use development
10)
Private Club
11)
Professional, Financial and Office Support Service, only when integrated with another Permitted or Conditional Use development
74.4
Site Regulations
Permitted and Conditional Uses
1)
Site Width
min. 30.48 m. (100.00 ft.)
2)
Floor Area Ratio max. 1.00
3)
Front Yard
min. 12.19 m. (40.00 ft.)
4)
Rear Yard
min. 7.62 m. (25.00 ft.)
5)
Side Yard
min. 3.05 m. (10.00 ft.)
6)
Corner Side Yard min. 4.57 m. (15.00 ft.)
7)
Building Height max. 10.67 m. (35.00 ft.); 2.50 storeys
74.5
Site Regulations
Accessory Uses, Buildings and Structures
1)
Site Width
N/A
2)
Floor Area Ratio N/A
3)
Front Yard
min. 12.19 m. (40.00 ft.)
4)
Rear Yard
min. 3.05 m. (10.00 ft.)
5)
Side Yard
min. 3.05 m. (10.00 ft.)
6)
Corner Side Yard min. 4.57 m. (15.00 ft.)
7)
Building Height max. 6.10 m. (20.00 ft.)
SECTIONS
COMMUNITY SERVICE ZONING DISTRICT
72-75
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
147
75.0
SNR: Sensitive and Natural Resource Zoning District
75.1
General Purpose
To establish a Zoning District for lands unsuitable for development due to flooding, unstable, or poorly drained
soils as well as areas with unique natural or wildlife habitats.
75.2
Permitted Uses
1)
Agricultural Activities
75.3
Conditional Uses
1)
Forestry Use
2)
Greenhouse, Plant and Tree Nursery
3)
Outdoor Participant Recreation Service
4)
Public Park
5)
Public Utility Service
6)
Wildlife and Conservation Reserve
75.4
Site Regulations
Conditional Uses
1)
Front Yard
min. 12.19 m. (40.00 ft.)
2)
Rear Yard
min. 7.62 m. (25.00 ft.)
3)
Side Yard
min. 7.62 m. (25.00 ft.)
4)
Corner Side Yard min. 7.62 m. (25.00 ft.)
5)
Building Height max. 10.67 m. (35.00 ft.); 2.50 storeys
75.5
Site Regulations
Accessory Uses, Buildings and Structures
1)
Front Yard
min. 12.19m. (40.00 ft.)
2)
Rear Yard
min. 3.05 m. (10.00 ft.)
3)
Side Yard
min. 3.05 m. (10.00 ft.)
4)
Corner Side Yard min. 4.57 m. (15.00 ft.)
5)
Building Height max. 6.10 m. (20.00 ft.)
75.6
Additional Regulations for Conditional Uses Only
1)
The maximum building height regulation of 10.67 m. (35.00 ft.) shall not apply to farm buildings.
2)
Water supply and sewage disposal shall be provided in accordance with The Environment Act, The
Public Health Act, and The Drinking Water Safety Act.
3)
For any Forestry Use that is adjacent to the AR: Agriculture Restricted or RR: Rural Residential Zoning
Districts, the minimum yard regulations shall be increased to 50.29 m. (165.00 ft.) for the yard(s)
adjacent to any of these Zoning Districts.
4)
Buildings, structures and hedges adjacent to Provincial Trunk Highways, Provincial Roads and
Provincial Access Roads shall be setback in accordance with The Highways Protection Act and The
Highways and Transportation Act.
MIXED USE ZONING DISTRICTS
SECTIONS
MIXED USE ZONING DISTRICT
76-77
REGULATIONS
RM OF SPRINGFIELD
P
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
148
76.0
Mixed Use Zoning Districts
76.1
Purpose
1)
The Mixed Use Zoning Districts established in this By-law are intended to
provide sufficient land in appropriate locations for mixed use
developments in the RM of Springfield in keeping with the provisions of
the RM of Springfield Development Plan.
2)
The following Mixed Use Zoning Districts are hereby established:
a)
LCR: Limited Commercial-Residential Zoning District
SECTIONS
MIXED USE ZONING DISTRICT
76-77
REGULATIONS
RM OF SPRINGFIELD
P
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
149
77.0
LCR: Limited Commercial-Residential Zoning District
77.1
General Purpose
To establish a Zoning District to accommodate and regulate the development of a small scale business
operations and Single Family Dwellings where residents can operate a business and reside in the same location.
77.2
Permitted Uses
1)
Home Industry
2)
Home Occupation
3)
Protective and Emergency Service
4)
Public Park
5)
Public Utility Service
6)
Single Family Dwelling
77.3
Conditional Uses
1)
Animal Shelter and Veterinary Service
5)
Greenhouse, Plant and Tree Nursery
2)
Bed and Breakfast Home
6)
Limited Contractor Service
3)
Car Broker
7)
Small Animal Breeding and Boarding Establishment
4)
Child Care Service
77.4
Site Regulations
Permitted and Conditional Uses
1)
Site Area
min. 2.02 ha. (5.00 acres)
2)
Site Width
min. 91.44 m. (300.00 ft.)
3)
Front Yard
min. 22.86 m. (75.00 ft.)
4)
Rear Yard
min. 7.62 m. (25.00 ft.)
5)
Side Yard
min. 7.62 m. (25.00 ft.)
6)
Corner Side Yard min. 7.62 m. (25.00 ft.)
7)
Site Coverage
max. 10.00%
8)
Building Height max. 10.67 m. (35.00 ft.); 2.50 storeys
9)
Dwelling Area
min. 74.32 sq. m. (800.00 sq. ft.)
10)
Dwelling Width min. 6.10 m. (20.00 ft.)
77.5
Site Regulations
Accessory Uses, Buildings and Structures
1)
Site Area
N/A
2)
Site Width
N/A
3)
Front Yard
min. 22.86 m. (75.00 ft.)
4)
Rear Yard
min. 7.62 m. (25.00 ft.)
5)
Side Yard
min. 7.62 m. (25.00 ft.)
6)
Corner Side Yard min. 7.62 m. (25.00 ft.)
7)
Site Coverage
N/A
8)
Building Height max. 4.57 m. (15.00 ft.); 1.00 storey
9)
Building Area
max. 185.80 sq. m. (2,000.00 sq. ft.)
10)
Building Width N/A
77.6
Additional Regulations for Permitted and Conditional Uses
1)
A Home Industry shall be developed in accordance with Section 43.0 of this By-law.
2)
A Home Occupation shall be developed in accordance with Section 44.0 of this By-law.
3)
Water supply and sewage disposal shall be provided in accordance with The Environment Act, The
Public Health Act, and The Drinking Water Safety Act.
4)
The maximum number of on-site employees for a Limited Contractor Service shall be two and shall be
limited to owner operated businesses only.
SECTIONS
MIXED USE ZONING DISTRICT
76-77
REGULATIONS
RM OF SPRINGFIELD
P
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
150
5)
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.
6)
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.
7)
All residential developments shall comply with Section 37.1 of this By-law.
8)
All commercial developments shall comply with Section 37.2 of this By-law.
9)
A Single Family Dwelling within 304.80 m. (1,000.00 ft.) of the property limits of an active Natural
Resource Development or sites that are zoned either MX: Industrial Extractive or MXH: Industrial
Extractive Holding Zoning Districts shall be deemed a conditional use.
77.7
Additional Regulations for Conditional Uses Only
1)
A Bed and Breakfast Home shall be developed in accordance with Section 45.0 of this By-law.
2)
A Car Broker shall be developed in accordance with Section 48.0 of this By-law.
3)
A Small Animal Breeding and Boarding Establishment shall be developed in accordance with Section
53.0 of this By-law.
77.8
Additional Regulations for Accessory Uses, Buildings and Structures
1)
The maximum building area regulation of 185.80 sq. m. (2,000.00 sq. ft.) shall not apply to Private and
Semi-Private Swimming Pools and Hot Tubs.
HAMLET ZONING DISTRICTS
SECTIONS
HAMLET ZONING DISTRICT
78-79
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
151
78.0
Hamlet Zoning Districts
78.1
Purpose
1)
The Hamlet Zoning Districts established in this By-law are intended to
provide sufficient land for various types of residential, commercial,
industrial, recreational and community service developments in the
Hamlet Areas in the RM of Springfield in keeping with the provisions of
the RM of Springfield Development Plan.
2)
The following Hamlet Zoning Districts are hereby established:
a)
HA:
Hamlet Area Zoning District
SECTIONS
HAMLET ZONING DISTRICT
78-79
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
152
79.0
HA:
Hamlet Area Zoning District
79.1
General Purpose
To establish a Zoning District for various types of residential, commercial, industrial, basic service as well as
community, educational, recreational and cultural service developments in the Hamlet Areas in the RM of
Springfield.
79.2
Permitted Uses
1)
Business Support Service
9)
Professional, Financial and Office Support Service
2)
Child Care Service
10)
Protective and Emergency Service
3)
Community Recreation Service
11)
Public Education Service
4)
Community Service Club
12)
Public Library and Cultural Exhibit
5)
Government Service
13)
Public Park
6)
Home Occupation
14)
Public Utility Service
7)
Personal Service Shop
15)
Semi-Detached Dwelling
8)
Private Education Service
16)
Single Family Dwelling
79.3
Conditional Uses
1)
Animal Shelter and Veterinary Service
24)
Household Repair Service
2)
Amusement Establishment
25)
Indoor Participant Recreation Service
3)
Automotive and Equipment Repair Shop
26)
Institutional Residence
4)
Bed and Breakfast Home
27)
Light Industrial
5)
Car Broker
28)
Limited Contractor Service
6)
Carnival
29)
Mobile Catering Food Service
7)
Cemetery
30)
Mobile Home Dwelling
8)
Commercial School
31)
Motel
9)
Convenience Retail Store
32)
Multiple Family Dwelling
10)
Convenience Vehicle Rentals
33)
Non-Accessory Parking
11)
Custom Manufacturing Establishment
34)
Residential Related Farm
12)
Drive-In Food Service
35)
Outdoor Amusement Establishment
13)
Eating and Drinking Establishment
36)
Outdoor Participant Recreation Service
14)
Equipment Rentals and Sales
37)
Planned Unit Development
15)
Extended Medical Treatment Service
38)
Private Club
16)
Funeral Service
39)
Rapid Drive-Through Vehicle Service
17)
Gas Bar
40)
Religious Assembly
18)
General Retail Store
41)
Service Station
19)
General Storage
42)
Spectator Entertainment Establishment
20)
Greenhouse, Plant and Tree Nursery
43)
Temporary Additional Dwelling or Mobile Home Dwelling
21)
Health Service
44)
Townhouse Dwelling
22)
Home Industry
45)
Two Family Dwelling
23)
Hotel
46)
Warehouse Sales
SECTIONS
HAMLET ZONING DISTRICT
78-79
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
153
79.4
Site Regulations:
Permitted and Conditional Uses
1)
Site Area
0.80 ha. (2.00 acres)
2)
Site Width
min. 61.00 m. (200.00 ft.)
[See also Section 79.7(5)] of this By-law
3)
Front Yard
min. 7.62 m. (25.00 ft.)
4)
Rear Yard
min. 7.62 m. (25.00 ft.)
5)
Side Yard
min. 7.62 m. (25.00 ft.)
6)
Corner Side Yard min. 7.62 m. (25.00 ft.)
7)
Site Coverage
See Section 79.6(1) of this By-law
8)
Building Height max. 10.67 m. (35.00 ft.); 2.50 storeys
9)
Dwelling Area
min. 74.32 sq. m. (800.00 sq. ft.)
79.5
Site Regulations:
Accessory Uses, Buildings and Structures
1)
Site Area
N/A
2)
Site Width
N/A
3)
Front Yard
min. 7.62 m. (25.00 ft.)
[See also Section 79.8(2)] of this By-law
4)
Rear Yard
See Sections 79.8(1 and 2) of this By-law
5)
Side Yard
See Sections 79.8(1 and 2) of this By-law
6)
Corner Side Yard See Sections 78.8(1 and 2) of this By-law
7)
Site Coverage
N/A
8)
Building Height max. 9.15 m. (30.00 ft.)
9)
Building Area
max. 92.90 sq. m. (1,000.00 sq. ft.)
79.6
Additional Regulations for Permitted and Conditional Uses
1)
The maximum site coverage regulation for permitted use and conditional use developments shall be as
follows:
a)
For Residential Use Class developments, excluding Multiple Family Dwellings, the maximum
site coverage shall be 40.00 percent.
b)
For Multiple Family Dwellings and non-Residential Use Class developments, the maximum site
coverage shall be 60.00 percent.
2)
Buildings, structures and hedges adjacent to Provincial Highways, Provincial Roads and Provincial
Access Roads shall be setback in accordance with The Highways Protection Act and The Highways and
Transportation Act.
3)
Water supply and sewage disposal shall be provided in accordance with The Environment Act, The
Public Health Act, and The Drinking Water Safety Act.
4)
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.
5)
A Home Occupation shall be developed in accordance with Section 44.0 of this By-law.
6)
All residential developments shall comply with Section 37.1 of this By-law.
7)
All commercial developments shall comply with Section 37.2 of this By-law
79.7
Additional Regulations for Conditional Uses Only
1)
When outside storage of goods and materials is required:
SECTIONS
HAMLET ZONING DISTRICT
78-79
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
154
a)
the storage shall be located to the rear of a line adjacent to and parallel with the front wall of the
building;
b)
a solid fence shall be provided and maintained in a condition acceptable to the Development
Officer; and
c)
the storage shall not project above the height of the wall or fence.
2)
Any fuel storage areas established on the site shall comply with the regulations of Manitoba Regulation
97/88R respecting Storage and Handling of Gasoline and Associated Products.
3)
Any used oil products and other regulated hazardous wastes generated or stored on the site shall be
collected and disposed of in accordance with all applicable Manitoba Conservation legislation.
4)
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.
5)
In the case of a mobile home park development:
a)
the minimum site area requirement shall be 0.80 ha. (2.00 acres); and
b)
the minimum site width requirement shall be 60.96 m. (200.00 ft.).
6)
In the case of Mobile Home Dwelling sites within a mobile home park development:
a)
the minimum site area requirement shall be 371.60 sq. m. (4,000.00 sq. ft.);
b)
the minimum site width requirement shall be 12.19 m. (40.00 ft.); and
c)
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.).
7)
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.
8)
A Home Industry shall be developed in accordance with Section 43.0 of this By-law.
9)
A Bed and Breakfast Home shall be developed in accordance with Section 45.0 of this By-law.
10)
A Planned Unit Development shall be developed in accordance with Section 46.0 of this By-law.
11)
A Car Broker shall be developed in accordance with Section 48.0 of this By-law.
12)
A Temporary Additional Dwelling or Mobile Home Dwelling shall be developed in accordance with
Section 49.0 of this By-law.
13)
A Residential Related Farm shall be developed in accordance with Section 50.0 of this By-law.
SECTIONS
HAMLET ZONING DISTRICT
78-79
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
155
14)
Outdoor dining and drinking areas accessory to a permitted Eating and Drinking Establishment are
subject to the following standards:
a)
Where a zoning site abuts a residential district or a local street or a lane separating the site from a
residential district, the maximum gross floor area is 18.58 sq. m. (200.00 sq. ft.).
b)
Outdoor speakers or amplification systems shall not be allowed where a zoning site abuts a
residential district or a local street or a lane separating the site from a residential district.
79.8
Additional Regulations for Accessory Uses and Buildings
1)
Notwithstanding Section 79.5 of this By-law, the minimum rear, side and corner side yard regulations
for accessory uses, buildings and structures shall be as follows:
a)
For Residential Use Class developments, excluding Multiple Family Dwellings and mobile home
park developments:
i)
the minimum rear yard shall be 3.05 m. (10.00 ft.);
ii)
the minimum side yard shall be 3.05 m. (10.00 ft.); and
iii)
the minimum corner side yard shall be 4.57 m. (15.00 ft.).
b)
For 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 7.62 m. (25.00 ft.); and
iii)
the minimum corner side yard shall be 7.62 m. (25.00 ft.).
2)
Notwithstanding Section 79.5 of this By-law, 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:
a)
the minimum front separation space shall be 6.10 m. (20.00 ft.);
b)
the minimum rear separation space shall be 1.52 m. (5.00 ft.);
c)
the minimum side separation space shall be 1.52 m. (5.00 ft.); and
d)
the minimum corner side separation space shall be 3.05 m. (10.00 ft.).
3)
For Residential Use Class developments, accessory buildings and structures shall be located on a site as
follows:
a)
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
b)
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.
4)
The maximum building area regulation of 92.90 sq. m. (1,000.00 sq. ft.) shall not apply to Private and
Semi-Private Swimming Pools and Seasonal Non-Winter structures such as decks, screened porches or
verandas, uncovered walks and wheelchair ramps.
DEVELOPMENT RESERVE ZONING DISTRICTS
SECTIONS
URBAN RESERVE ZONING DISTRICT
80-81
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
156
80.0
Development Reserve Zoning Districts
80.1
Purpose
1)
The Development Reserve Zoning Districts established in this By-law are
intended to designate lands in the RM of Springfield that in time will
become suitable for residential, commercial, industrial, recreational and
industrial developments in keeping with the provisions of the RM of
Springfield Development Plan.
2)
The following Urban Reserve Zoning Districts are hereby established:
a)
DR:
Development Reserve Zoning District
SECTIONS
URBAN RESERVE ZONING DISTRICT
80-81
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
157
81.0
DR:
Development Reserve Zoning District
81.1
General Purpose
To provide a Zoning District to reserve lands for future residential, recreational, institutional, commercial and
industrial growth in the RM of Springfield.
81.2
Permitted Uses
1)
Agricultural Activities
2)
Farmstead Dwelling
3)
Protective and Emergency Service
81.3
Conditional Uses
1)
Agricultural Implement Sales and Service
2)
Equestrian Establishment
3)
Greenhouse, Plant and Tree Nursery
4)
Limited Contractor Service
5)
Livestock Operation of up to and including 50 A.U.
6)
Residential Related Farm
7)
Outdoor Participant Recreation Service
8)
Public Park
9)
Public Utility Service
10)
Single Family Dwelling
11)
Small Animal Breeding and Boarding Establishment
12)
Specialized Agriculture
13)
Tourist Campsite
81.4
Site Regulations
Permitted and Conditional Uses
1)
Site Area
min. 8.09 ha. (20.00 acres)
2)
Site Width
min. 91.44 m. (300.00 ft.)
3)
Front Yard
min. 30.48 m. (100.00 ft.)
4)
Rear Yard
min. 15.24 m. (50.00 ft.)
5)
Side Yard
min. 15.24 m. (50.00 ft.)
6)
Site Coverage
N/A
7)
Building Height max. 10.67 m. (35.00 ft.)
8)
Dwelling Area
N/A
9)
Dwelling Width N/A
81.5
Site Regulations
Accessory Uses, Buildings and Structures
1)
Site Area
N/A
2)
Site Width
N/A
3)
Front Yard
min. 30.48 m. (100.00 ft.)
4)
Rear Yard
min. 15.24 m. (50.00 ft.)
5)
Side Yard
min. 15.24 m. (50.00 ft.)
6)
Site Coverage
N/A
7)
Building Height max. 6.10 m. (20.00 ft.)
8)
Building Area
N/A
9)
Building Width N/A
81.6
Additional Regulations for Permitted Uses Only
1)
Notwithstanding Section 81.4(1) of this By-law, the minimum site area regulation for a Farmstead
Dwelling shall be 0.81 ha. (2.00 acres).
SECTIONS
URBAN RESERVE ZONING DISTRICT
80-81
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
158
81.7
Additional Regulations for Conditional Uses Only
1)
A Residential Related Farm shall be developed in accordance with Section 50.0 of this By-law.
2)
A Livestock Operation shall be developed in accordance with Section 51.0 of this By-law.
3)
A Small Animal Breeding and Boarding Establishment shall be developed in accordance with Section
53.0 of this By-law.
4)
The maximum building height regulation of 10.67 m. (35.00 ft.) shall not apply to buildings or structures
that are accessory to a Residential Related Farm.
5)
Water supply, sewage disposal and waste management shall be provided in accordance with The
Environment Act, The Public Health Act, and The Drinking Water Safety Act.
6)
Council shall not approve any development which, in its opinion, would:
a)
substantially alter the existing state of the land;
b)
require structures, footings or foundations that cannot be removed or relocated at a nominal cost to
the applicant or owner; or
c)
be prejudicial to the future economical subdivision, servicing and development of the subject land
for future urban uses on a planned basis.
7)
Council may specify the length of time a use is allowed in this Zoning District having regard to the
intent of Section 81.7(5) of this By-law, and the staging of servicing and general residential,
recreational, institutional, industrial or commercial development of the subject land.
8)
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.
AGRICULTURAL ZONING DISTRICTS
SECTIONS
AGRICULTURAL ZONING DISTRICT
82-85
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
159
82.0
Agricultural Zoning Districts
82.1
Purpose
1)
The Agricultural Zoning Districts established in this By-law are intended
to provide sufficient land for various types of agricultural and related
developments in the RM of Springfield in keeping with the provisions of
the RM of Springfield Development Plan.
2)
The following Agricultural Zoning Districts are hereby established:
a)
AR:
Agriculture Restricted Zoning District
b)
AG:
Agriculture General Zoning District
c)
AI:
Agriculture Intensive Zoning District
SECTIONS
AGRICULTURAL ZONING DISTRICT
82-85
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
160
83.0
AR:
Agriculture Restricted Zoning District
83.1
General Purpose
To provide a Zoning District that accommodates large lot residential, hobby farms, limited farming activities
and other compatible uses.
83.2
Permitted Uses
1)
Agricultural Activities
7)
Home Occupation
2)
Animal Shelter and Veterinary Service
8)
Livestock Operation of up to and including 50 A.U.
3)
Farm Produce Outlet
9)
Residential Related Farm
4)
Farmstead Dwelling
10)
Public Utility Service
5)
Government Service
11)
Specialized Agriculture
6)
Greenhouse, Plant and Tree Nursery
12)
Single Family Dwelling
83.3
Conditional Uses
1)
Agri-Business
15)
Guest Cabin
2)
Agricultural Implement Sales and Service
16)
Home Industry
3)
Agricultural Product Storage
17)
Livestock Operation of more than 50 and up to and including 200 A.U.
4)
Agriculture Support Industry
18)
Mobile Home Dwelling
5)
Auctioneering Establishment
19)
Protective and Emergency Service
6)
Bed and Breakfast Home
20)
Small Animal Breeding and Boarding Establishment
7)
Bulk Storage Facility
21)
Small Scale Industries
8)
Car Broker
22)
Temporary Additional Dwelling or Mobile Home Dwelling
9)
Carnival
23)
Outfitter
10)
Cemetery
24) Natural Resource Development
11)
Composting
25) Wind Turbine Personal Use
12)
Cottage Dwelling
13)
Equestrian Establishment
14)
Group Home
83.4
Site Regulations for Agricultural and
Residential Use Classes: Permitted and
Conditional Uses
1) Site Area
min. 8.09 ha. (20.00 acres)
2) Site Width
min. 201.17 m. (660.00 ft.)
3) Front Yard
min. 38.10 m. (125.00 ft.)
4) Rear Yard
min. 15.24 m. (50.00 ft.)
5) Side Yard
min. 15.24 m. (50.00 ft.)
6) Building Height
max. 10.67 m. (35.00 ft.)
7) Dwelling Area
min. 55.74 sq. m. (600.00 sq. ft.)
83.5
Site Regulations for Non-Agricultural
and Non-Residential Use Classes:
Permitted and Conditional Uses
1) Site Area
min. 0.80 ha. (2.00 acres)
2) Site Width
min. 60.96 m. (200.00 ft.)
3) Front Yard
min. 22.86 m. (75.00 ft.)
4) Rear Yard
min. 7.62 m. (25.00 ft.)
5) Side Yard
min. 7.62 m. (25.00 ft.)
6) Building Height
max. 10.67 m. (35.00 ft.)
83.6
Site Regulations: Accessory
Uses, Buildings and Structures
1) Site Area
N/A
2) Site Width
N/A
3) Front Yard
min. 38.10 m. (125.00 ft.)
4) Rear Yard
min. 7.62 m. (25.00 ft.)
5) Side Yard
min. 7.62 m. (25.00 ft.)
6) Building Height
max. 9.15 m. (30.00 ft.)
83.7
Additional Regulations for Permitted and Conditional Uses
1)
A Home Occupation shall be developed in accordance with Section 44.0 of this By-law.
2)
A Residential Related Farm shall be developed in accordance with Section 50.0 of this By-law.
SECTIONS
AGRICULTURAL ZONING DISTRICT
82-85
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
161
3)
A Livestock Operation shall be developed in accordance with Section 51.0 of this By-law.
4)
The maximum building height regulation of 10.67 m. (35.00 ft.) shall not apply to farm buildings and farm
related storage facilities as determined by the Development Officer.
5)
Water supply and sewage disposal shall be provided in accordance with The Environment Act, The
Public Health Act, and The Drinking Water Safety Act.
6)
A dwelling unit, including a Single Family Dwelling, Two Family Dwelling and 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.
7)
Buildings, structures and hedges adjacent to Provincial Highways, Provincial Roads and Provincial
Access Roads shall be setback in accordance with The Highways Protection Act and The Highways and
Transportation Act.
8)
Despite Section 83.4 of this By-law, the site regulations for new residential lots created as per Policy 8.3
(3) and Policy 8.3 (4) in the RM of Springfield Development Plan shall be in accordance with Section
83.5 of this By-law.
9)
Despite Section 83.4 of this By-law, the following Agricultural Use Class developments shall be subject to
the site regulations listed under Section 83.5 of this By-law:
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.
10)
Despite Section 83.2 of this By-law, any Livestock Operation within the Urban Centre, Hamlet or other
Settlement Centre Urban Limit Line as shown on the Zoning Map shall be deemed a conditional use.
11)
A Single Family Dwelling within 304.80 m. (1,000.00 ft.) of the property limits of an active Natural
Resource Development or sites that are zoned either MX: Industrial Extractive or MXH: Industrial
Extractive Holding Zoning Districts shall be deemed a conditional use.
83.8
Additional Regulations for Conditional Uses Only
1)
A Home Industry shall be developed in accordance with Section 43.0 of this By-law.
2)
A Bed and Breakfast Home shall be developed in accordance with Section 45.0 of this By-law.
3)
A Car Broker shall be developed in accordance with Section 48.0 of this By-law.
SECTIONS
AGRICULTURAL ZONING DISTRICT
82-85
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
162
4)
A Temporary Additional Dwelling or Mobile Home Dwelling shall be developed in accordance with
Section 49.0 of this By-law.
5)
A Small Animal Breeding and Boarding Establishment shall be developed in accordance with Section 53.0
of this By-law.
SECTIONS
AGRICULTURAL ZONING DISTRICT
82-85
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
163
84.0
AG:
Agriculture General Zoning District
84.1
General Purpose
To provide a Zoning District for general agricultural uses or other uses that is related to or compatible with
agriculture.
84.2
Permitted Uses
1)
Agriculture Support Industry
13)
Government Service
2)
Agri-Business
14)
Greenhouse, Plant and Tree Nursery
3)
Agricultural Activities
15)
Home Occupation
4)
Agricultural Crop Protection Warehouse
16)
Livestock Operation of up to and including 200 A.U.
5)
Agricultural Implement Sales and Service
17)
Protective and Emergency Service
6)
Agricultural Product Storage
18)
Public Utility Service
7)
Animal Shelter and Veterinary Service
19)
Residential Related Farm
8)
Communal Farm Dwelling
20)
Small Animal Breeding and Boarding Establishment
9)
Equestrian Establishment
21)
Specialized Agriculture
10)
Farm Produce Outlet
22)
Single Family Dwelling
11)
Farmstead Dwelling
23)
Wildlife and Conservation Reserve
12)
Forestry Use
84.3
Conditional Uses
1)
Aircraft Landing Field
15)
Livestock Operation of more than 200 and up to and including 400 A.U.
2)
Anhydrous Ammonia Facility
16)
Mineral Exploration
3)
Auctioneering Establishment
17)
Mobile Home Dwelling
4)
Bed and Breakfast Home
18)
Natural Resource Development
5)
Bulk Storage Facility
19)
Outfitter
6)
Car Broker
20)
Portable Asphalt Plant
7)
Carnival
21)
Recycling Depot
8)
Cemetery
22)
Small Scale Industry
9)
Composting
23)
Temporary Additional Dwelling or Mobile Home Dwelling
10)
Cottage Dwelling
24)
Wayside Pit and Quarry
11)
Game Farm
25) Wind Farm
12)
Group Home
26) Pet Cemetery
13)
Guest Cabin
27) Processing Use
14)
Home Industry
28) Airport and Related Facilities
29) Wind Turbine Personal Use
84.4
Site Regulations for Agricultural and
Residential Use Classes: Permitted and
Conditional Uses
1) Site Area
min. 32.38 ha. (80.00 acres)
2) Site Width
min. 201.17 m. (660.00 ft.)
3) Front Yard
min. 38.10 m. (125.00 ft.)
4) Rear Yard
min. 15.24 m. (50.00 ft.)
5) Side Yard
min. 15.24 m. (50.00 ft.)
6) Building Height
max. 10.67 m. (35.00 ft.)
7) Dwelling Area
min. 55.74 sq. m. (600.00 sq. ft.)
84.5
Site Regulations for Non-Agricultural
and Non-Residential Use Classes:
Permitted and Conditional Uses
1) Site Area
min. 0.80 ha. (2.00 acres)
2) Site Width
min. 60.96 m. (200.00 ft.)
3) Front Yard
min. 22.86 m. (75.00 ft.)
4) Rear Yard
min. 7.62 m. (25.00 ft.)
5) Side Yard
min. 7.62 m. (25.00 ft.)
6) Building Height
max. 10.67 m. (35.00 ft.)
84.6
Site Regulations: Accessory
Uses, Buildings and Structures
1) Site Area
N/A
2) Site Width
N/A
3) Front Yard
min. 38.10 m. (125.00 ft.)
4) Rear Yard
min. 15.24 m. (50.00 ft.)
5) Side Yard
min. 15.24 m. (50.00 ft.)
6) Building Height
max. 9.15 m. (30.00 ft.)
SECTIONS
AGRICULTURAL ZONING DISTRICT
82-85
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
164
84.7
Additional Regulations for Permitted and Conditional Uses
1)
A Home Occupation shall be developed in accordance with Section 44.0 of this By-law.
2)
A Livestock Operation shall be developed in accordance with Section 51.0 of this By-law.
3)
A Small Animal Breeding and Boarding Establishment shall be developed in accordance with Section
53.0 of this By-law.
4)
The maximum building height regulation of 10.67 m. (35.00 ft.) shall not apply to farm buildings and
farm related storage facilities as determined by the Development Officer.
5)
Water supply and sewage disposal shall be provided in accordance with The Environment Act, The
Public Health Act, and The Drinking Water Safety Act.
6)
A dwelling unit, including a Single Family 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.
8)
For any Forestry Use that is adjacent to the AR: Agriculture Restricted, HA: Hamlet Area or RR: Rural
Residential Zoning Districts, the minimum yard regulations shall be increased to 50.29 m. (165.00 ft.)
for the yard(s) adjacent to any of these Zoning Districts.
9)
Despite Section 84.4 of this By-law, the site regulations for new residential lots created as per Policy 8.3
(3) and Policy 8.3 (4) in the Springfield Development Plan shall be in accordance with Section 84.5 of
this By-law.
10)
Despite Section 84.4 of this By-law, the following Agricultural Use Class developments shall be subject to
the site regulations listed under Section 84.5 of this By-law:
a)
Agri-Business;
b)
Agricultural Crop Protection Warehouse;
c)
Agricultural Implement Sales and Service;
d)
Agricultural Product Storage;
e)
Agriculture Support Industry;
f)
Anhydrous Ammonia Facility;
g)
Farm Produce Outlet; and
h)
Small Animal Breeding and Boarding Establishment.
11)
Despite the regulations pertaining to the AG: Agriculture General Zoning District, for lands shown on
the Zoning District Map as AG-1:
a)
Vacation Farm Operations shall be considered as a conditional use development and shall be
developed in accordance with Policy 8.3(21) in the RM of Springfield Development Plan.
b)
The site regulations for new residential lots created as per Policy 8.3 (22b) in the RM of
Springfield Development Plan shall be in accordance with Section 62.4 of this By-law.
SECTIONS
AGRICULTURAL ZONING DISTRICT
82-85
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
165
12)
Despite Section 84.2 of this By-law, any Livestock Operation within the Urban Centre, Hamlet or other
Settlement Centre Urban Limit Line as shown on the Zoning Map shall be deemed a conditional use.
13)
Subject to Council approval, Livestock Operations greater than 400 A.U. shall be rezoned to A.I.:
Agricultural Intensive Zoning District.
14)
A Single Family Dwelling within 304.80 m. (1,000.00 ft.) of the property limits of an active Natural
Resource Development or sites that are zoned either MX: Industrial Extractive or MXH: Industrial
Extractive Holding Zoning Districts shall be deemed a conditional use.
15)
Buildings, structures and hedges adjacent to Provincial Highways, Provincial Roads and Provincial
Access Roads shall be setback in accordance with The Highways Protection Act and The Highways and
Transportation Act.
84.8
Additional Regulations for Conditional Uses Only
1)
A Home Industry shall be developed in accordance with Section 43.0 of this By-law.
2)
A Temporary Additional Dwelling or Mobile Home Dwelling shall be developed in accordance with
Section 49.0 of this By-law.
3)
An Anhydrous Ammonia Facility shall be developed in accordance with Section 52.0 of this By-law.
4)
A Natural Resource Development shall be developed in accordance with Section 54.0 of this By-law.
5)
A Wayside Pit and Quarry shall be developed in accordance with Section 55.0 of this By-law.
6)
A Bed and Breakfast Home shall be developed in accordance with Section 45.0 of this By-law.
7)
A Car Broker shall be developed in accordance with Section 48.0 of this By-law.
SECTIONS
AGRICULTURAL ZONING DISTRICT
82-85
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
166
85.0
AI:
Agriculture Intensive Zoning District
85.1
General Purpose
To provide a Zoning District for intensive agricultural uses and other uses that are related to or compatible with
agriculture.
85.2
Permitted Uses
1)
Agricultural Activities
10)
Forestry Use
2)
Agricultural Crop Protection Warehouse
11)
Home Industry
3)
Agricultural Product Storage
12)
Home Occupation
4)
Agriculture Support Industry
13)
Livestock Operations producing less than 300 A.U.
5)
Animal Shelter and Veterinary Service
14)
Specialized Agriculture
6)
Communal Farm Dwelling
15)
Public Utility Service
7)
Equestrian Establishment
16)
Small Animal Breeding and Boarding Establishment
8)
Farm Produce Outlet
17)
Single Family Dwelling
9)
Farmstead Dwelling
85.3
Conditional Uses
1)
Abattoir
8)
Livestock Operations producing 300 A.U. or greater
2)
Agri-Business
9)
Private Education Service
3)
Agricultural Implement Sales and Service
10)
Small Scale Industry
4)
Aircraft Landing Field
11)
Temporary Additional Dwelling or Mobile Home Dwelling
5)
Bulk Storage Facility
12) Wind Turbine Personal Use
6)
Cemetery
7)
Composting
85.4
Site Regulations for Agricultural and
Residential Use Classes: Permitted and
Conditional Uses
1) Site Area
min. 32.38 ha. (80.00 acres)
2) Site Width
min. 201.17 m. (660.00 ft.)
3) Front Yard
min. 38.10 m. (125.00 ft.)
4) Rear Yard
min. 15.24 m. (50.00 ft.)
5) Side Yard
min. 15.24 m. (50.00 ft.)
6) Building Height
max. 10.67 m. (35.00 ft.)
7) Dwelling Area
min. 55.74 sq. m. (600.00 sq.
ft.)
85.5
Site Regulations for Non-Agricultural
and Non-Residential Use Classes:
Permitted and Conditional Uses
1) Site Area
min. 0.80 ha. (2.00 acres)
2) Site Width
min. 60.96 m. (200.00 ft.)
3) Front Yard
min. 22.86 m. (75.00 ft.)
4) Rear Yard
min. 7.62 m. (25.00 ft.)
5) Side Yard
min. 7.62 m. (25.00 ft.)
6) Building Height
max. 10.67 m. (35.00 ft.)
85.6
Site Regulations: Accessory
Uses, Buildings and Structures
1) Site Area
N/A
2) Site Width
N/A
3) Front Yard
min. 38.10 m. (125.00 ft.)
4) Rear Yard
min. 15.24 m. (50.00 ft.)
5) Side Yard
min. 15.24 m. (50.00 ft.)
6) Building Height
max. 9.15 m. (30.00 ft.)
85.7
Additional Regulations for Permitted and Conditional Uses
1)
A Home Industry shall be developed in accordance with Section 43.0 of this By-law.
2)
A Home Occupation shall be developed in accordance with Section 44.0 of this By-law.
3)
A Livestock Operation shall be developed in accordance with Section 51.0 of this By-law.
SECTIONS
AGRICULTURAL ZONING DISTRICT
82-85
REGULATIONS
RM OF SPRINGFIELD
Page
ZONING BY-LAW
NO. 08-01 (3rd and Final Reading Feb 3rd, 2010)
167
4)
A Small Animal Breeding and Boarding Establishment shall be developed in accordance with Section
53.0 of this By-law.
5)
The maximum building height regulation of 10.67 m. (35.00 ft.) shall not apply to farm buildings and farm
related storage facilities as determined by the Development Officer.
6)
Water supply and sewage disposal shall be provided in accordance with The Environment Act, The
Public Health Act, and The Drinking Water Safety Act.
7)
Despite Section 85.4 of this By-law, the site regulations for new residential lots created as per Policy 8.3
(3) and Policy 8.3 (4) in the RM of Springfield Development Plan shall be in accordance with Section
85.5 of this By-law.
8)
A dwelling unit, including a Single Family Dwelling, Two Family Dwelling and 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.
9)
For any Forestry Use that is adjacent to the AR: Agriculture Restricted or RR: Rural Residential Zoning
Districts, the minimum yard regulations shall be increased to 50.29 m. (165.00 ft.) for the yard(s)
adjacent to any of these Zoning Districts.
10)
Buildings, structures and hedges adjacent to Provincial Trunk Highways, Provincial Roads and
Provincial Access Roads shall be setback in accordance with The Highways Protection Act and The
Highways and Transportation Act.
11)
Despite Section 85.4 of this By-law, the following Agricultural Use Class developments shall be subject to
the site regulations listed under Section 85.5 of this By-law:
a)
Agri-Business;
b)
Agricultural Crop Protection Warehouse;
c)
Agricultural Implement Sales and Service;
d)
Agricultural Product Storage;
e)
Agriculture Support Industry;
f)
Farm Produce Outlet; and
g)
Small Animal Breeding and Boarding Establishment.
12)
Despite Section 85.2 of this By-law, any Livestock Operation within the Urban Centre, Hamlet or other
Settlement Centre Urban Limit Line as shown on the Zoning Map shall be deemed a conditional use.
85.8
Additional Regulations for Conditional Uses Only
1)
A Temporary Additional Dwelling or Mobile Home Dwelling shall be developed in accordance with
Section 49.0 of this By-law.
PART IV
ZONING DISTRICT MAPS
APPENDIX 1
ANIMAL UNIT INVENTORY LIST
TABLE 51.5.1
Animal Unit (A.U.) Inventory List
Livestock
A.U. Produced by One
Livestock
Livestock Producing One
A.U.
Dairy
Milking Cows, including associated livestock
2.0000
0.5000
Beef
Beef cows, including associated livestock
Backgrounder
Summer Pasture/Replacement Heifers
Feedlot Cattle
1.2500
0.5000
0.6250
0.7690
0.8000
2.0000
1.6000
1.3000
Hogs
Sows, farrow to finish
Sows, farrow to weanling
Sows, farrow to nursery
Weanlings
Growers/Finishers
Boars
1.2500
0.2500
0.3130
0.0330
0.1430
0.2000
0.8000
4.000
3.200
30.0000
7.0000
5.0000
Chickens
Broilers
Roasters
Layers
Pullets
Broiler Breeder Pullets
Broiler Breeder Hens
0.0050
0.0100
0.0083
0.0033
0.0033
0.0100
200.0000
100.0000
120.0000
300.0000
300.0000
100.0000
Turkeys
Broilers
Heavy Toms
Heavy Hens
0.0100
0.0200
0.0100
100.0000
50.0000
100.0000
Horses
Mares, including associated livestock
1.3330
0.7500
Sheep
Ewes, including associated livestock
Feeder Lambs
0.2000
0.0630
5.0000
16.0000
Goats
Goats
0.1400
7.0000
Other livestock or operation type
Please inquire with your regional agricultural engineer or livestock specialist