Zoning By-law No. 5/05 (Office Consolidation up to ZBA 22-2024)
Rural Municipality of St. Laurent, Manitoba
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unofficial consolidation, the official version is held by the municipal clerk.
Notice: All persons making use of this Consolidation are reminded that it has
no legislative sanction; that the Amendments have been embodied only for
the convenience of reference; and that the original By-law and Amendments
should be consulted for all purposes of interpreting and applying the law.
An Office Consolidation of
The Rural Municipality of St. Laurent
Zoning By-law
By-law No. 5/05
RM of St. Laurent Zoning Bylaw 5/05
Adopting
By-law
Changes and Amendments
Content
Affected
Remarks
Text
Map
3/06
-
Rezoned from "SR" to "SR-C"
X
Map 2
8/07
-
Amend Parts 1, 3, 7, 8 & 9.
X
-
Rezoned from "RR" & "SR" to "GD"
X
Map 2
5/11
-
Amend Parts 1.3 and 3.23
X
07-/11
-
Amend Subsection 8.11 .3 d)
X
10/11
-
Amend Table 6-1
X
9/11
-
Amend Table 7-1
X
11/11
-
Rezoned from "AR" to "SR"
X
Map 1
4/14
-
Text amendments and corrections to Maps 1 & 2
X
X
Maps 1 & 2
2/17
-
Text amendments - addition of Secondary Suites
X
1/2018
-
Text amendments - addition of definitions for
Gallery and Museum, and provisions
X
2/2018
-
Text amendments - addition of Special Events
definition and provisions
X
1/2021
-
Text amendments - to add general regulations
applicable to travel trailers/RVs
X
11/2021
-
Text amendments - amended RM of St. Laurent
bylaw page and Subsection 2.19 and Table 8-2
X
4/2023
-
Text amendments -removed private & public
stables definitions and private stable use from Table
7-1. Add Hobby Farm and Apiary definitions.
Apiary provisions added to General Regulations.
Amend Sections 2.19.10; 3.9; 5.9 and Tables 6-1; 7-
1; and 8-1.
X
6/23
-
Text amendments - add Park Model definition.
Amend general regulations applicable to travel
trailers/RVs. Amend Tables 6-1; 7-1; 8-1; and 9-1
X
2/2024
-
Text amendment- add "Camping and Tent
Grounds" as "C" to "RR" zone in Table 7-1
X
22/2024
-
Text amendments - amend 3.33, add
Communication Towers in Part 3, amend 5.9, and
amend Tables 5-1; 6-1; 7-1; 8-1 and 8-2.
X
1
THE RURAL MUNICIPALITY OF ST. LAURENT
ZONING BY-LAW NO. 5/05
BEING A BY-LAW to regulate the use and development of the land within the
Rural Municipality of St. Laurent.
WHEREAS Section 39(1) of The Planning Act provides that a Zoning By-law may
be enacted by the Council of a municipality.
AND WHEREAS pursuant to Section 27(1) of the said Planning Act, the Council of
Rural Municipality of St. Laurent has by By-Law adopted a Development Plan;
AND WHEREAS, Section 32(2) of the same Act provides that a Zoning By-Law
shall be prepared upon the adoption of a Development Plan;
PER SECTION 232(1)(o) of The Municipal Act
A council may pass by-laws for municipal purposes respecting the following matters: (o) the
enforcement of by-laws.
PER SECTION 236 (1) of The Municipal Act
Without limiting the generality of clause 232(1)(o) (enforcement of by-laws) and subject to
subsection (3), a by-law passed under that clause may include provisions
(a) providing for procedures, including inspections, for determining whether by-laws are
being complied with; and
(b) remedying contraventions of by-laws, including
(i) creating offences,
(ii) subject to the regulations, providing for fines and penalties, including the imposition
of a penalty for an offence that is in addition to a fine or imprisonment, so long as
the penalty relates to a fee, rate, toll, charge or cost that is associated with the
conduct that gives rise to the offence, or related to enforcing the by-law,
(iii) providing that an amount owing under subclause (ii) may be collected in any
manner in which a tax may be collected or enforced under this Act,
(iv) seizing, removing, impounding, confiscating and selling or otherwise disposing of
plants, animals, vehicles, or other things related to a contravention,
(v) charging and collecting costs incurred in respect of acting under subclause (iv),
(vi) imposing a sentence of imprisonment for not more than six months for the
commission of offences or nonpayment of fines. (BL 11/2021)
NOW THEREFORE, the Council of the Rural Municipality of St. Laurent, in
meeting duly assembled, enacts as follows:
Table of Contents
i
THE RURAL MUNICIPALITY OF ST. LAURENT
ZONING BY-LAW No. 5/05
Table Of Contents
Interpretation ................................................................................... 1
1.1
Rules Of Construction .................................................................... 1
1.2
Divisions of By-Law ....................................................................... 1
1.3
Definitions ................................................................................... 2
Administration ................................................................................. 23
2.1
Title .......................................................................................... 23
2.2
When Effective ........................................................................... 23
2.3
The Area .................................................................................... 23
2.4
Intent And Purpose ..................................................................... 23
2.5
Responsible Authority .................................................................. 23
2.6
Responsibilities Of Council ............................................................ 24
2.7
Responsibilities Of The Board ....................................................... 24
2.8
Duties Of The Owner ................................................................... 24
2.9
Interpretation Of Regulations ....................................................... 25
2.10 Amendments .............................................................................. 25
2.11 Conditional Uses ......................................................................... 26
2.12 Variations .................................................................................. 26
2.13 Development Agreements ............................................................ 26
2.14 Subdivision Applications ............................................................... 27
2.15 The Development Officer ............................................................. 27
2.16 Development Permits .................................................................. 28
2.17 Non-Conformities ........................................................................ 29
2.18 Fee Schedule .............................................................................. 30
2.19 Enforcement .............................................................................. 30
General Regulations ........................................................................ 33
3.1
Intent ........................................................................................ 33
3.2
Conformance And Permits Required............................................... 33
Table of Contents
ii
3.3
Area And Yard Requirements ........................................................ 33
3.4
Front Yard Exceptions .................................................................. 33
3.5
Projections Into Required Yards .................................................... 34
3.6
Height Exceptions ....................................................................... 34
3.7
Site Reduced By Public Works ....................................................... 34
3.8
Sign Regulations ......................................................................... 35
3.9
Accessory Buildings and Uses Permitted ............................................. 36
3.10 Secondary Suites within Main or Principal Building .................................. 37
3.11 Secondary Suites, detached ............................................................. 37
3.12 Only One Main Building Or Use On A Site ....................................... 38
3.13 Multiple Uses .............................................................................. 38
3.14 Public Utilities And Services .......................................................... 38
3.15 Temporary Buildings And Uses ...................................................... 38
3.16 Public Monuments And Statuary .................................................... 39
3.17 Land Unsuitable For Development ................................................. 39
3.18 Land Subject To Flooding ............................................................. 39
3.19 Protection of Groundwater Supply ................................................. 40
3.20 Rules for Home Occupations ............................................................. 40
3.21 Rules for Home Bed and Breakfast Facilities ................................... 41
3.22 Street and Roads ........................................................................ 42
3.23 Planned Unit Developments .......................................................... 42
3.24 Parking and Off Street Loading and Unloading Spaces ..................... 43
3.25 Dwelling/Building Setback from Waste Disposal Grounds and Sewage Lagoons........ 45
3.26 Anhydrous Ammonia Facilities ...................................................... 46
3.27 Public Reserve Land .................................................................... 46
3.28 Mobile Homes ............................................................................. 46
3.29 Parabolic Dish Antenna ................................................................ 47
3.30 Building and Structure Setback clearances From Manitoba Hydro Lines
and Conductors .................................................................................. 47
Table of Contents
iii
3.31 Special Events .............................................................................. 47
3.32 Apiaries (Bee Keeping)) .................................................................... 48
3.33 Travel Trailers Prohibited or Restricted .................................................. 48
3.34 Communication Towers ................................................................................................48
Zones
..............................................................................................50
4.1
Zones ........................................................................................ 50
4.2
Zoning Maps .............................................................................. 50
4.3
Dimensions And Scale ................................................................. 51
4.4
Registered Plans ......................................................................... 51
4.5
Abbreviations ............................................................................. 51
4.6
Interpretation Of Zone Boundaries ................................................ 51
Rural Agricultural Zones .................................................................. 53
5.1
Intent And Purpose ..................................................................... 53
5.2
Zones ........................................................................................ 53
5.3
General Requirements ................................................................. 53
5.4
Use Regulations .......................................................................... 53
5.5
Conditional Use .......................................................................... 55
5.6
Accessory Uses, Buildings And Structures ...................................... 55
5.7
Bulk Regulations ......................................................................... 55
5.8
Aircraft Landing Strips ................................................................. 56
5.9
Livestock and Livestock Production Operations ........................................56
Table 5 - 4 ....................................................................................... 60
Livestock Siting Regulations ............................................................ 60
Animal Units .................................................................................... 60
Minimum Distance (feet / miles) ........................................................ 60
From Single Residence .................................................................... 60
5.10 Mutual Separation of Dwelling and Livestock Operations .................. 60
5.11 Secondary Small Scale Industries ................................................. 60
5.12 Mineral Extraction Operations ....................................................... 61
5.13 Outfitter Cabins .......................................................................... 62
5.14 Wind Energy Generation System (WEGS) ....................................... 62
General Development Zone .............................................................. 65
6.1
Intent And Purpose ..................................................................... 65
Table of Contents
iv
6.2
Zone ......................................................................................... 65
6.3
General Requirements ................................................................. 65
6.4
Use Regulations .......................................................................... 65
6.5
Conditional Use .......................................................................... 67
6.6
Accessory Uses ........................................................................... 67
6.7
Bulk Regulations ......................................................................... 68
6.8
Number of Buildings Permitted Per Site ......................................... 68
Residential Zones ........................................................................... 69
7.1
Intent And Purpose ..................................................................... 69
7.2
Zones ...................................................................................... 69
7.3
General Requirements ................................................................. 69
7.4
Use Regulations .......................................................................... 69
7.5
Conditional Use .......................................................................... 70
7.6
Accessory Uses ........................................................................... 71
7.7
Bulk Regulations ......................................................................... 71
7.8
Number of Buildings Permitted Per Site ......................................... 72
7.9
Dwelling Unit - Minimum Size ....................................................... 72
7.10 Signs ......................................................................................... 72
Recreation, Parks, Open Space and Institutional Zones ................... 73
8.1
Intent And Purpose ..................................................................... 73
8.2
Zones ........................................................................................ 73
8.3
General Requirements ................................................................. 73
8.4
Use Regulations .......................................................................... 73
8.5
Conditional Use .......................................................................... 75
8.6
Accessory Uses, Buildings And Structures ...................................... 75
8.7
Bulk Regulations ......................................................................... 76
8.8
Signs ......................................................................................... 77
8.9
Additional Requirements For Developments Along Lake Manitoba And
Other Significant Waterbodies .............................................................. 77
8.10 Guest Houses ............................................................................. 78
Table of Contents
v
8.11 Additional Requirements for Seasonal Campground Sites ................. 79
Commercial Zones ........................................................................... 80
9.1
Intent And Purpose ..................................................................... 80
9.2
Zones ........................................................................................ 80
9.3
General Requirements ................................................................. 80
9.4
Use Regulations .......................................................................... 80
9.5
Conditional Use .......................................................................... 82
9.6
Accessory Uses ........................................................................... 83
9.7
Bulk Regulations ......................................................................... 83
9.8
Special Yards Along Zone Boundaries ............................................ 84
9.9
Signs ......................................................................................... 84
Industrial Zones .............................................................................. 85
10.1 Intent And Purpose ..................................................................... 85
10.2 Zone ......................................................................................... 85
10.3 General Requirements ................................................................. 85
10.4 Use Regulations .......................................................................... 85
10.5 Conditional Use .......................................................................... 87
10.6 Accessory Uses ........................................................................... 87
10.7 Bulk Regulations ......................................................................... 87
10.8 Special Yards Along Zone Boundaries ............................................ 88
10.9 Signs ......................................................................................... 88
Effective Date .................................................................................. 89
Appendix "A" - Zoning Maps ................................................................ 90
Part 1. Interpretation
1
Interpretation
1.1
Rules Of Construction
The following rules of construction apply to the text of this By-law.
.1
Words, phrases and terms defined herein shall be given the defined
meaning.
.2
Words, phrases and terms not defined herein but defined in the Act
and the Building, Electrical or Plumbing By-laws of the Rural
Municipality of St. Laurent shall be construed as defined in such Act
and By-laws.
.3
Words, phrases and terms neither defined herein nor in the Building,
Electrical or Plumbing By-laws of the Rural Municipality of St. Laurent
shall be given their usual and customary meaning except where, in
the opinion of Council, the context clearly indicates a different
meaning.
.4
The phrase "used for" includes "arranged for", "designed for", or
"occupied for".
.5
Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions or events
connected by the conjunction "and", "or" or "either-or", the
conjunction shall be interpreted as follows:
a) "And" indicates that all the connected items, conditions,
provisions or events shall apply in any combination.
b) "Or" indicates that the connected items, conditions, provisions or
events may apply singly but not in combination.
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 of all instances or
circumstances of like, kind or character.
.7
The term "shall" is mandatory and not permissive, the word "may" is
permissive and not mandatory.
1.2
Divisions of By-Law
This By-law is divided into PARTS, each PART being self-sufficient with a
minimum of cross references.
1
Part 1. Interpretation
2
1.3
Definitions
.1
"Accessory" when it is used in this By-law, shall have the same
meaning as accessory use.
.2
"Accessory Building" means a subordinate building located on the
same zoning site as the principal building or use, the use of which is
incidental and accessory to that of the principal building or use:
a) "Accessory building, attached" means an accessory building
which is attached to the principal building and in determining
the required yards, the attached accessory building shall be
treated as being part of the main building.
b) "Accessory building, detached" means an accessory
building which is not attached to the principal building and in
determining the required yards, the requirements for accessory
use, buildings and structures as shown in the Bulk Tables shall
be used.
c) "Accessory building, semi-detached" means an accessory
building which is attached to the principal building by a structure
such as, but not limited to, a breezeway. The required yards for
a semi-detached accessory building shall be determined in the
same manner as in definition .1 above.
.3
"Accessory use or structure" means a use or structure on the
same site with, and of a nature customarily incidental and
subordinate to, the principal use or structure. The single exception
to the above is accessory off-street parking facilities which are
permitted by variation to locate elsewhere than on the same zoning
site with the building, structure or use served.
.4
"Act The" means The Planning Act, L.R.M. 1987, being Chapter
P80 of the Continuing Consolidation of the Statutes of Manitoba, and
amendments thereto.
.5
"Agricultural activities" means a use of land for agricultural
purposes including farming, dairying, pasturage, agriculture,
apiculture, floriculture, and horticulture, as well as the necessary
accessory uses for packing, storing, or treating the produce
provided. However, the operation of any such accessory uses shall
be secondary to that of the normal agricultural activities.
.6
"Agricultural implement sales and services" means a building
and open area, used for display, sale or rental of new or used farm
implements and where minor incidental repair work is done.
.7
"Aircraft Landing Strip" means any area of land or water which
Part 1. Interpretation
3
is used or intended for use in 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 or rights-of-way, including
taxiways, aircraft storage and tie-down areas, hangars, and other
related buildings and open spaces.
.8
"Alter or 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
"Alterations, incidental" means:
a) Changes or replacements in the non-structural parts of a
building or structure, including but not limited to the following:
i)
an addition on the exterior of a residential building, such as
an open porch;
ii)
alteration of interior partitions in all types of buildings; or
iii) replacement of, or changes in, the capacity of utility pipes,
ducts or conduits,
b) Changes or replacements in the structural parts of a building,
including but not limited to the following:
i)
adding or enlarging windows or doors in exterior walls;
ii)
replacement of building facades; or
iii) strengthening the load bearing capacity, in not more than
ten percent (10%) of the total floor area, to permit
accommodation of a specialized unit of machinery or
equipment.
.10
"Alterations, structural" means the construction or
reconstruction of supporting elements of a building or other
structure.
.11
"Animal Unit or A.U." means an amount of animal waste or waste
equivalent as set out it Table 5 - 3 Animal Unit Summary Table in
part 5 of this By-law.
.12 "Apiary" means any place where bees are kept. (BL 4/2023)
.13
"Area, the" means all that land within the boundaries defining the
R.M. of St. Laurent.
.14
"Automobile body shop" means a building wherein the repair
Part 1. Interpretation
4
and/or painting of automobiles takes place.
.15
"Automobile service station" means a building or portion
thereof and land used for supplying fuel, oil and minor accessories
for motor vehicles at retail direct to the customer, and for making
repairs, maintenance and storage.
.16
"Automobile or trailer sales area" means an open area, used
for the display, sale or rental of new or used automobiles or trailers,
and where repairs are made they shall be done within a completely
enclosed building, except minor incidental repairs of automobiles or
trailers to be displayed, sold or rented on the premises.
.17
"Automobile wrecking" means the dismantling or wrecking of
used motor vehicles or trailers, or the storage, sale or dumping of
dismantled, partially dismantled, obsolete or wrecked vehicles or
their parts.
.18
"Awning, canopy or marquee" means any roof-like structure,
which may be constructed as an integral part of a building or
attached in such a manner as not to be an integral part of a
building, but is so constructed to provide shelter or shade over an
entrance way or window.
.19
"Basement or cellar" means that portion of a building which is
partially underground.
.18a "Bed and Breakfast" means a principal dwelling occupied by
owner/operators where sleeping accommodation with or without
meals is provided to members of the travelling public for
remuneration. (BL 8/07)
.20
"Board" means the Board of The Western Interlake Planning
District as established under the Act.
.21
"Building" means a building as defined in the Act.
.22
"Building, main or principal" means a building in which is
conducted the principal use of the site on which it is situated.
.23
"Building, height of" means the vertical distance measured from
grade to the highest point of the roof.
.24
"Bulk" means the following:
a) The size (including height of building and floor area), of
buildings or structures.
b) The area of the zoning site upon which a building is located, and
Part 1. Interpretation
5
the number of dwelling units or rooms within such building in
relation to the area of the zoning site.
c) The location of exterior walls of buildings in relation to site lines
to other walls of the same building, to legally required windows,
or to other buildings.
d) All open areas relating to buildings or structures and their
relationship thereto.
.25
"Camping and tenting grounds" means a parcel of land planned
and improved to accommodate travel trailers, camping trailers,
pick-up coaches, motorized homes, tents, tent trailers or other
camping accommodations used for travel, recreational and vacation
uses.
.26
"Carport" means an attached building open on two sides for the
shelter of privately owned automobiles.
.27
"Cemetery" means land for the burial of the dead and dedicated
for cemetery purposes, including columbaria, crematoria,
mausoleums and mortuaries, when operated in conjunction with and
within the boundaries of such cemetery.
.28
"Child care services" means the provision of care for
remuneration or reward to a child apart from his or her parents or
guardians for a period in any one day exceeding (3) hours but not
exceeding fourteen (14) hours:
.29
"Club, private, non-profit" 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 a
building or portion thereof; the use of such premises being
restricted to members and their guests.
.30
"Club, recreational" 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 or buildings or a portion
thereof; the use of such premises being restricted primarily to the
main use, which is a generally recognized sport or recreational
activity, such as curling, squash, badminton or tennis.
.31
"Coach house" means a Secondary Suite located either above a detached
private garage (above grade), or, in a single-storey accessory dwelling
attached to the side or rear of a detached private garage (at grade). A Coach
House is accessory to the principal use of a property, which must be a
permanent single-family detached dwelling. A Coach House has an entrance
Part 1. Interpretation
6
separate from the vehicle entrance to the detached garage, either from a
common indoor landing or directly from the exterior of the structure. (BL 2/17)
.32
"Conditional use" means the use of land or building which may
be permitted in any particular zone.
.33
"Condominium" means a condominium as established under the
provisions of The Condominium Act.
.34
"Condominium, bare land unit" means a unit of land defined by
delineation of its horizontal boundaries without reference to any
buildings or a condominium plan.
.35
"Condominium unit" means a part of the land or building and is
designated as a unit by the condominium plan, and is comprised of
the space enclosed by its boundaries and all the material parts of
the land within this space at the time the condominium declaration
and plan are registered.
.36
"Conservation area" means land that has been designated by
Provincial legislation for the protection and conservation of wildlife.
.37
"Contractors establishment" means a building or construction
trade, operation or activity which is undertaken primarily within an
enclosed building with a minimum of outside storage of equipment
or material.
.38
"Contractor's yard" means a site or area of land occupied or used
by a building or construction trade or operation wherein the outside
storage of materials or storage and servicing of equipment is the
principal use of the site.
.39
"Council" means the Council of the Rural Municipality of St.
Laurent.
.40
"Development Officer" means the officer appointed by the
Council in accordance with the provisions of the Act.
.41
"Development Plan" means the Western Interlake Planning
District Development Plan.
.42
"Drive-in establishment" means an establishment with facilities
for attracting and servicing prospective customers travelling in
motor vehicles, which are driven onto the site where the customer
may or may not receive service in the vehicle.
.43
"Dwelling" means a building or portion thereof designed for
residential occupancy.
Part 1. Interpretation
7
.44
"Dwelling, cottage" means a dwelling intended for use by not
more than one family and designed and built mainly for seasonal or
periodic occupancy rather than for permanent year-round use by
reason of its light frame construction or lack of basement or
concrete slab foundation or lack of furnace or lack of plastering or
other finish on interior walls or ceilings; and shall include a cabin.
.45
"Dwelling, single-family" means a detached building designed
for and used by one (1) family.
.46
"Dwelling, two-family" means a detached or semi-detached
building designed for and used by not more than two (2) families,
each having exclusive occupancy of a dwelling unit.
.47
"Dwelling, multiple-family" means a building containing three
(3) or more dwelling units, each unit designed for and used by not
more than one (1) family.
.48
"Dwelling unit" means one (1) or more rooms in a building
designed for one (1) or more persons as a single housekeeping unit
with cooking, eating, living, sleeping and sanitary facilities.
.49
"Enlargement" means an addition to the floor area of an existing
building or structure, or an increase in that portion of a parcel of
land occupied by an existing use.
.50
"Extension" means an increase in the amount of existing floor
area used for an existing use, within an existing building.
.51
"Family" means one or more persons related by blood or marriage
or common-law marriage, or a group of not more than three (3)
persons who may not be related by blood or marriage, living
together as a single housekeeping unit.
A housekeeping unit shall be deemed to exist if all members thereof
have access to all parts of the dwelling unit.
.52
"Farm buildings or structures" means any buildings or
structures existing or erected on land used principally for
agricultural activities but not including dwellings.
.53
"Farm, hobby" means a small scale farm that is accessory to rural residential
and general development uses primarily for pleasure and not intended for
profit making. A hobby farm may involve the keeping of livestock for personal
use only so long as the total of all associated livestock do not amount to more
than 9.9 Animal Units per Table 5 - 3. (BL 4/2023)
.54
"Floor area" (as applied to bulk regulations) means the sum of
Part 1. Interpretation
8
the gross horizontal areas of the several floors of all buildings and
structures on the zoning site, measured from the exterior faces of
the exterior walls or from the centreline of party walls. In particular,
the floor area of a building or buildings shall include:
a) Basements when used for residential, commercial or industrial
purposes, but not including space used for storage or the
housing of mechanical or central heating equipment, and
accessory off-street parking spaces.
b) Floor space use for mechanical equipment (with structural
headroom of six (6) feet or more) except equipment, open or
enclosed, located on the roof.
c) Elevator shafts and stairwells at each story except shaft and
stair bulkheads and exterior unroofed steps or stairs.
d) Penthouses, mezzanines, or attics where there is a structural
headroom of seven (7) feet or more.
.55
"Gallery" means a room or building for the display or sale of works of art.
(BL 1/2018)
.56
"Garage" means a building or portion thereof in which a motor
vehicle is, or motor vehicles are, stored, repaired, washed or
serviced.
.57
"Garden suite" means a single-storey Secondary Suite, contained in a
separate building, positioned at grade and to the rear of an existing principal
use on a single zoning site. The principal use must be a permanent single-
family detached dwelling. (BL 2/17)
.58
"Garage, private or carport" means an accessory building or
portion of a principal building, if attached, used by the occupants of
the premises upon which it is located for the parking or temporary
storage of private passenger motor vehicles and may also include
the incidental storage of other personal property.
.59
"Grade" (as applying to the determination of building or structure
height), means the average level of finished ground adjoining a
building or structure at all exterior walls, as determined by the
Development Officer.
.60
"Grain storage structure" means any structure which is designed
to store any type of grain.
.61
"Guest house" means a secondary detached building located on
the same site as a Single Family Dwelling or Cottage which is
intended to be used as an extension to the residential use of the
Single Family Dwelling or Cottage.
Part 1. Interpretation
9
.62
"Home occupation" means a use which:
a) Is carried on in a dwelling unit or mobile home or its permitted
accessory building.
b) Is carried on solely by the members of the family residing at the
same dwelling unit or mobile home without the employment of
other persons.
c) Is incidental or secondary to the use of the dwelling unit or
mobile home.
d) There is no exterior display, no exterior storage of materials,
and no other exterior indication of the home occupation or
variation of the residential character of the principal or
accessory building except as provided for herein.
e) In the opinion of the Council is not offensive, obnoxious or
creates a public nuisance.
f)
Does not cause the generation of undue traffic and congestion in
the neighbourhood.
.63
"Hotel" means a building or part thereof wherein accommodation
is provided for transient lodgers, in any individual room or
apartment, with or without cooking facilities. Permitted accessory
uses include but are not limited to, restaurants, licensed beverage
rooms, banquet halls, ballrooms and meeting rooms.
.64
"House, boarding, lodging or rooming" means a building or
portion thereof, other than a hotel or motel without cooking
facilities, where lodging, or lodging and meals are provided for
compensation exclusive of the proprietor and his family.
.65
"Hundred year flood" means a flood that can be expected to
occur, on average, once in 100 years, or specifically a flood that has
a one percent chance of being equaled or exceeded in any year.
.66
"Junk yard" means an open area where waste or scrap materials
are bought, sold, exchanged, stored, baled, packed, disassembled
or handled, including, but not limited to metals, paper, rags, rubber
tires and bottles. A junk yard includes an automobile wrecking or
dismantling yard but does not include uses established entirely
within an enclosed building.
.67
"Kennel" means any premises on which more than two (2)
animals are boarded, bred, trained or cared for, in return for
remuneration or are kept for the purpose of sale. A kennel shall not
include a veterinary clinic, animal hospital or animal pound.
Part 1. Interpretation
10
.68
"Lane" means a street not over thirty-three (33) feet in width.
.69
"Livestock" means cattle, swine, horses, poultry, sheep, rabbits,
mink and similar animals, not kept exclusively as pets, excluding
bees.
.70
"Livestock production operation" means any agricultural
operation at least 10 animal units in size, including all associated
manure storage facilities, where livestock are confined, fed or raised
in pens, buildings or in areas (enclosures) not normally used for
grazing or pasturing of livestock.
The following are not subject to the requirements for livestock
production operations unless, in the opinion of the Council, they
create a pollution problem:
a) Agricultural fairs.
b) Livestock sale yards, in which livestock may be kept for a period
not exceeding ten (10) days.
.71
"Loading space" means an off-street space on the same zoning
site with a building, or contiguous to a group of buildings, for the
temporary parking of a commercial vehicle while loading or
unloading merchandise or materials, and which abuts upon a street,
lane or the appropriate means of access.
.72
"Mobile home" means a portable dwelling which is designed or
used for residential occupancy, built upon or having a frame or
chassis to which wheels may be attached by which it may be moved
upon a highway, whether or not such structure actually has at any
time such wheels attached, or is jacked up or skirted and which
conforms to the structural standards of The Building and Mobile
Homes Act, Chapter B93 and amendments thereto.
.73
"Mobile home park" means a parcel of land upon which mobile
home spaces are provided and have been approved by the Council.
.74
"Motel" means a building or part thereof, not over two (2) storeys
in height wherein sleeping accommodation is provided for transient
lodgers and in which there is an exit from each room or suite of
rooms directly to the outdoors with access to grade level. Permitted
accessory uses include but are not limited to restaurants, licensed
beverage rooms, banquet halls, ballrooms and meeting rooms.
.75
"Museum" means a building in which objects of historical, scientific, artistic,
or cultural interest are stored and exhibited. (BL 1/2018)
Part 1. Interpretation
11
.76
"Non-conformity" means one, or a combination of the following:
a) a site or parcel of land;
b) a building or structure;
c) a use of a building or structure
d) a use of land; or
e) a sign,
which lawfully existed prior to the effective date of this By-law or
amendments thereto, but does not conform to the provisions
contained within this By-law.
.77
"Non-conforming uses" means any lawful use of a structure or of
a parcel of land, or portion thereof, which does not conform to any
one (1) or more of the applicable use regulations of the zone in
which it is located on the effective date of this By-law, or
amendments thereto.
.78
A "non-conforming building or structure" means any lawful
building or structure which does not comply with one (1) or more of
the applicable bulk regulations on the effective date of this By-law,
or amendments thereto.
.79
A "non-conforming site or parcel of land" means any lawful
site or parcel of land which does not comply with the site area, site
width or site depth on the effective date of this By-law, or
amendments thereto, and was on record in the Land Titles Office
and in separate ownership prior to the effective date of this By-law,
or amendments thereto, and did not form part of a larger
contiguous holding in the same ownership.
.80
A "non-conforming sign" means any lawful sign which does not
comply with one (1) or more of the applicable bulk regulations on
the effective date of this By-law or amendments thereto.
.81
"Outfitter" means any land or premises equipped with cabins or
cottages used or maintained for accommodation of the public for
outdoor recreational purposes relating to hunting, fishing and other
similar pursuits such as snowmobiling.
.82
"Owner" means a person who appears by the records of the
proper land titles office to have any right, title, estate or interest in
land and includes the agent of such a person in possession or
occupation of the land with the express or implied consent of the
owner.
.83
"Parcel of land" means the aggregate of all land described in any
manner in a certificate of title.
Part 1. Interpretation
12
.84
"Parking area" means an open area of land other than a street or
lane or an area within a structure used for the parking of vehicles.
.85
"Parking area, public" means a parking area used for the
temporary parking of vehicles and is available for public use
whether free, for compensation or as an accommodation for clients,
customers, employees or visitors.
.86
"Parking space" means a space on a parking area, public parking
area or zoning site for the temporary parking or storage of a
vehicle.
.87
"Park Model" means a recreational unit that meets the following criteria: It is
built on a single chassis mounted on wheels; It is designed to facilitate
relocation from time to time; It is designed as living quarters for seasonal use
and may be connected to those utilities; It conforms to the CSA Z-240
Standard for RVs and there must be paperwork attached to the unit that states
"Park Model" on it or CSA Z-241 Standard for RVs, Recreational Park Trailers
intended for the USA market are typically designed and built to comply with
NFPA 1192 "Standard on Recreation Vehicles" and there must be paperwork
attached to the unit that states "Park Model" on it and ANSI A119.5 "Standard
for Recreational Park Trailers" respectively. (BL 6/23)
.88
"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.
.89
"Personal service shop" means a building or part of a building in
which persons are employed in furnishing services and otherwise
administering to the individual and personal needs of persons and
without limiting the generality of the foregoing may include such
establishments as barber shops, beauty parlors, hair-dressing
shops, hand laundries, shoe repair and shoe shining shops, tailor
and dressmaking shops, valets and depots for collecting dry
cleaning and laundry.
.90
"Planned unit development" means a land development project
planned as an entity in accordance with a unitary site plan which
permits flexibility in siting of building, mixture of housing types and
land uses, usable open spaces, and the preservation of significant
natural features.
.91
"Premises" means an area of land with or without buildings.
.92
"Public camp" means a place where tents, cabins, educational
and recreational facilities or other temporary and permanent
structures can be placed which is operated by a community
organization or group.
Part 1. Interpretation
13
.93
"Public reserve" means a parcel of land required under section 70
of The Planning Act or reserved for use set out in section 73 of the
Act, and includes land that is vested in a municipality and that is
dedicated to the public for public use.
.94
"Public utility" means any system, works, plant equipment or
services which furnishes services and facilities available at approved
rates to or for the use of the inhabitants of the public, including but
not limited to:
a) Communication, by way of telephone, telegraph, wireless or
television.
b) Public transportation, by bus or other vehicle.
c) Production, transmission, delivery or furnishing of water, gas or
electricity to the public at large.
d) Collection of sewage, garbage or other waste.
.95
"Public utility building" means a building used by a public utility.
.96
"Repair" means the renewal or reconstruction of any part of an
existing structure for the purpose of its maintenance or restoration.
.97
"Residential care facility" means the use of any building or
structure or part thereof, however named, which is advertised,
announced or maintained for the express or implied purpose of
providing lodging, meals, care and supervision or transitional
services to persons not related by blood, marriage or adoption to
the operator nor to each other but does not include a facility which
is licensed or designated by the Manitoba Health Services
Commission.
.98
"Resort, commercial" 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 a part of the resort
development include the following:
a) camping and tenting grounds,
b) hotels,
c) retail stores,
d) eating establishments,
e) marinas,
Part 1. Interpretation
14
f)
golf courses, and
g) other outdoor recreation game courts, areas and trails.
.99
"Secondary suite" means a self-contained accessory dwelling unit located
either within a permanent single-family detached dwelling, or in an accessory
building, on a single zoning site. A secondary suite contains a single
housekeeping unit and has its own separate access, cooking, sleeping and
sanitary facilities which are separate from and not shared with those of the
principal dwelling. This use does not include duplex housing, semi-detached
housing, or apartment housing. (BL 2/17)
.100 "Senior citizen home" means a multiple unit dwelling or a
building containing individual rooms where elderly people live
independent of personal care.
.101 "Sewage Treatment Plant" means a facility, other than a wastewater
treatment lagoon, where wastewater is collected and treated, including any
associated structures, equipment and processes, combined sewer
overflows, sanitary sewer overflows, wastewater collection systems and
effluent discharge systems, as defined in Manitoba Regulation 74/2007,
Classes of Development Regulation, a regulation pursuant to The
Environment Act [Manitoba], (C.C.S.M. c. E125), as amended from time to
time. (BL 5/11)
.102 "Shipping/Cargo Container" means any ocean or ground transportation
container, box or semi-trailer box or any other container used for the
transportation of goods and material from one point to another by sea, air or
land. (BL 4/14)
.103 "Sign" means any writing (including letter, word or numeral),
pictorial representation (including illustration or decoration),
emblem (including device, symbol or trademark), banner, pennant
or any other figure of similar character which:
a) Is a structure or any part thereof, or is attached to, painted on or
in any other manner represented on or in a building or other
structure.
b) Is used to identify, direct attention to, or advertise.
c) Is visible from outside a building but shall not include show
windows as such.
.104 "Sign, advertising" means a sign directing attention to a
business, commodity, service or entertainment conducted, sold or
offered elsewhere than upon the same zoning site where the sign is
maintained, an example of this type of sign being a billboard.
.105 "Sign, bulletin board" means a sign of permanent character, but
with movable letters, words or numerals indicating the names of
persons associated with, or events conducted upon, or products or
Part 1. Interpretation
15
services offered upon the premises upon which the sign is
maintained, including school, church, community centre bulletin
board signs and similar uses.
.106 "Sign, business" means a sign directing attention to a business
commodity, service, or entertainment conducted, sold, or offered
upon the same zoning lot where the sign in maintained.
.107 "Sign, construction" means a sign which identifies a construction
project and information relative thereto.
.108 "Sign, facia or wall" means a sign attached to the surface of, or
to or within a recess in the wall, a column or other perpendicular
portion of a building in a position essentially parallel to said wall,
column or other perpendicular position. A facia sign shall also mean
any sign attached to the walls of two or more buildings and
spanning the spaces between said buildings.
.109 "Sign, flashing" means an illuminated sign on which artificial light
is not maintained constant in intensity and color at all times when
such sign is in use.
.110 "Sign, freestanding" means a sign supported by a vertical
column or columns placed in the ground with the sign surface area
above ground level.
.111 "Sign, identification" means a sign that identifies a business,
owner, resident or institution by name, logo, or street address and
which sets forth no other advertisement.
.112 "Sign, illuminated" means a sign designed to give forth any
artificial light or reflect light from an artificial source.
.113 "Sign, marquee" means a sign attached to a marquee, canopy or
awning projecting from and supported by a building.
.114 "Sign projecting" means any sign other than a facia sign, which
is attached to a building and extends beyond the exterior wall of the
said building beyond the surface of the portion of the building to
which it is attached.
.115 "Sign, real estate" means a sign advertising the sale, rental or
lease of the premises on which it is attached.
.116 "Sign, roof" means any sign erected, constructed and maintained
wholly upon or over the roof of the building with the principal
support on the roof structure.
.117 "Sign, surface area" means the entire area within a single
continuous perimeter enclosing the extreme limits of writing,
Part 1. Interpretation
16
representation, emblem, or any figure of similar character, including
any frame or other material or color forming an integral part of the
display or used to differentiate such sign from the background
against which it is placed; excluding the necessary supports or
uprights on which it is placed. Where a sign has two or more faces,
the area of all faces shall be included in determining the area of the
sign, except that where two such faces are placed back to back and
are at no point more than one (1) yard from one another, the sign
surface area of the sign shall be taken as the surface area of one
face if the two faces are of equal area, or as the surface area of the
larger face if the two faces are of unequal area.
.118 "Sign, temporary" means a sign with or without a structural
frame and intended for a limited period of display, and shall include
a mobile sign, but shall have no red, green or amber lights thereon,
and with no blinking or scintillating lights when the sign faces a
residential area.
.119 "Site" means a zoning site as defined herein unless the context
indicates otherwise.
.120 "Site area" means the computed area contained within the site
lines.
.121 "Site, corner" means a site situated at the intersection of two (2)
streets, the interior angle of such intersection not exceeding 135
degrees.
.122 "Site Coverage" means that part or percentage of the site
occupied by buildings, including accessory buildings. Structures
Part 1. Interpretation
17
which are below the finished site grade, including sewage lagoons,
water reservoirs, parking structure below grade and similar
structures, shall not be included in site coverage.
.123 "Site depth" means the horizontal distance between the centre
points in the front and rear site lines.
.124 "Site frontage" means all that portion of a zoning site fronting on
a street and measured between side site lines.
.125 "Site, interior" means a site other than a corner site or a through
site.
.126 "Site lines" means as follows:
a) "Front site line" means that boundary of a site which is along
an existing or designated street. For a corner site the
Part 1. Interpretation
18
Development Officer may select the front side line except where
an interior site abuts the corner site, then the front site line
shall be that line which is the continuation of the front site line
of the interior site.
b) "Rear site line" means that boundary of a site which is most
nearly parallel to the front site line and in the case of a site in
which the side site lines intersect, such as a triangular site, a
line ten (10) feet in length within the site, parallel to and at the
maximum distance from the front site line.
c) "Side site line" means any boundary of a site which is not a
front or rear site line.
d) Where an irregular shaped site cannot have its site lines defined
by the foregoing definitions, the front, rear and side site lines
shall be determined by the Development Officer.
.127 "Site, through" means a site having a pair of opposite site lines
along two (2) more-or-less parallel streets. On a through site, both
street lines shall be deemed front site lines.
.128 "Site width" means the horizontal distance between the side site
lines, measured at right angles to the site depth at a point midway
between the front and rear site lines, or forty (40) feet from the
front site line, whichever is the lesser.
Part 1. Interpretation
19
.129 "Site, zoning" means a parcel of land which:
a) Is occupied, or intended to be occupied, by a main building or a
group of such buildings and accessory buildings, or utilized for
the principal use or uses thereto, together with such open
spaces as are required under the provisions of this by-law.
b) Has frontage on a street or has any lawful means of access
satisfactory to the Council.
c) Is of sufficient size to provide the minimum requirements of this
by-law for a permitted or conditional use in a zone where the
use is located.
.130 "Special events" means an event, the duration of which is temporary in
nature and which is limited to one or more of the following uses: an exhibition,
a fair, a regatta, a religious or music festival, or a recreation competition. For
the purposes of this definition, "temporary" shall mean that the combined total
duration of all events shall not exceed seven days in a calendar year. (BL 2/2018)
"Stable, private" (deleted - BL 4/2023)
"Stable, public" (deleted - BL 4/2023)
.131 "Storey" means that portion of any building which is situated
between the top of any floor and the top of the floor next above it;
and if there is no floor above it, that portion between the top of
such floor and the ceiling above it, but does not include a basement.
.132 "Street" means a street as defined in the Act.
Part 1. Interpretation
20
.133 "Structure" means anything constructed or erected with a fixed
location on or below the ground, or attached to something having a
fixed location on the ground and includes buildings, walls, fences,
signs, billboards, poster panels, light standards and similar items.
.134 "Travel trailer" or "Recreational Vehicle (RV)" means a portable
living accommodation designed to be used as temporary
accommodation for travel, recreation or vacation purposes that:
a) is capable of being transported on its own chassis and running
gear by towing or other means;
b) is placed on the chassis or body of a motor vehicle; or
c) forms part of a licensed motor vehicle.
(BL 1/2021)
.135 "Use" means:
a) any purpose for which a building or other structure or parcel of
land may be designed, arranged, intended, maintained or
occupied; or
b) any activity, occupation, business or operation carried on, or
intended to be carried on, in a building or other structure or on
a parcel of land.
.136 "Yard" means an open area, on the same zoning site with a
building or structure which yard is unoccupied and unobstructed
from its lowest level to the sky, except as otherwise permitted
herein.
a) "Yard, required" means a yard extending along a site line or
wall to a depth or width (measured from the site line or wall)
specified in the yard requirement for the zone in which such
zoning site is located.
b) "Yard, front" means a yard extending along the full length of
the front site line between the side site lines.
c) "Yard, rear" means a yard extending along the full length of
the rear site line between the side site lines.
d) "Yard, side" means a yard extending along the side site line
from the front yard to the rear yard.
Part 1. Interpretation
21
Part 1. Interpretation
22
.137 "Waste Disposal Ground" means a parcel of land that is used for the
disposal of solid or industrial waste or for which a site approval is given under
subsection 4(5) for use of the land for the disposal of solid or industrial waste,
as defined in Manitoba Regulation 150/91, Waste Disposal Grounds
Regulation, a regulation pursuant to The Environment Act [Manitoba],
(C.C.S.M. c. E125), as amended from time to time. (BL 5/11)
.138 "Wastewater Treatment Lagoon" means an impoundment into which
wastewater is discharged for storage and treatment, including any
associated structures, equipment and processes, combined sewer overflows
and sanitary sewer overflows, wastewater collection systems and effluent
discharge systems, as defined in Manitoba Regulation 74/2007, Classes of
Development Regulation, a regulation pursuant to The Environment Act
[Manitoba], (C.C.S.M. c. E125), as amended from time to time. (BL 5/11)
.139 "Wind Energy Generation System (WEGS)" means any device
or group of devices such as a wind charger, windmill or wind turbine
that converts wind energy to electrical energy whether it is used for
personal use or for generation of power for sale by an enterprise.
.140 "Wind Energy Generation System Accessory Facilities" means
those facilities, equipment, machinery and other devices necessary
to the proper operation and maintenance of a wind energy
generation system, including, but not limited to access roads,
collector and feeder lines and power substations.
Part 2. Administration
23
Administration
2.1
Title
This By-law shall be known as "The Rural Municipality of St. Laurent
Zoning By-law".
2.2
When Effective
This By-law shall be in full force and effect when it is given third reading
by the Council of the Rural Municipality of St. Laurent.
2.3
The Area
The Area to which this Zoning By-law shall apply shall be all lands within
the limits of the Rural Municipality of St. Laurent.
2.4
Intent And Purpose
The regulations and provisions established by this By-law are deemed
necessary in order to:
.1
Implement the objectives and policies of the Development Plan.
.2
Define and limit the powers and duties of the Council and the
Development Officer.
.3
Regulate the following:
a) all buildings and structures erected hereafter;
b) all uses of buildings, structures and land established hereafter;
c) all structural alterations or relocations of existing buildings and
structures occurring hereafter;
d) all enlargements or additions to existing buildings, structures or
uses; and
e) the change of use of land buildings or structures.
2.5
Responsible Authority
.1
The authority responsible for the enactment of this By-law shall be
the Council, in accordance with the provisions of the Act.
.2
Subject to the provisions of the Act, the regulations, restrictions and
boundaries set forth in this By-law may be amended, supplemented,
changed or repealed.
2
Part 2. Administration
24
2.6
Responsibilities Of Council
Subject to the provisions of the Act, the Council is responsible for:
.1
Considering the adoption or rejection of proposed amendments or
the repeal of this By-law.
.2
Acting as a Variation Board.
.3
Approving or rejecting conditional use applications, and may revoke
the authorized conditional use for any violation or any additional
conditions imposed by it.
.4
Establishing a schedule of fees as provided for in this Part.
2.7
Responsibilities Of The Board
Subject to the provisions of the Act, the Board is responsible for:
.1
Administering and enforcing the provisions of this By-law.
.2
Administering and enforcing those provisions of the Act, where
applicable.
.3
Establishing a schedule of fees and charges for permits.
2.8
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 Bylaw or of
any relevant Bylaws of the RM of St. Laurent.
.2
Every owner shall:
a) permit the Development Officer to enter any building or
premises for the purpose of administering or enforcing this
Bylaw at all reasonable times and with the consent of the owner
in accordance with the Act;
b) after the development application has been approved and the
permit issued, notify the Development Officer and obtain his/her
approval before doing any work at variance with the approved
documents filed; and
c) be responsible for obtaining, where applicable and from the
appropriate authorities, permits or licenses relating to the
buildings, grades, plumbing, onsite wastewater management
Part 2. Administration
25
systems, blasting, street, occupancy, electrical, highways, and
all other permits required in connection with the proposed work.
2.9
Interpretation Of Regulations
.1
In their interpretation and application, the provisions of this By-law
shall be held to be the minimum requirements in order to satisfy the
intent and purpose as set forth herein.
.2
Except wherein otherwise stated, nothing in this By-law shall
exempt any person from complying with the requirements of any
other laws or by-laws in force within the Municipality or from
obtaining any necessary license, permission, permit, authority or
approval required by any other government authorities.
.3
Whenever the provisions of this By-law conflict with those of any
other municipal, planning district, provincial, or federal government
requirements, the higher or more restrictive regulations shall
prevail.
.4
Any existing use or structure which was illegal under the provisions
of any planning schemes or by-laws in force on the effective date of
this By-law and amendments thereto shall not become or be made
legal solely by reason of the adoption of this By-law or amendments
thereto; and to the extent that, and in any matter that, said illegal
use of structure remains illegal hereunder.
2.10
Amendments
.1
Procedure:
a) Subject to the procedure required under the Act, an amendment
to this By-law may be initiated by the Council, or by application
of one or more owners of property or their agents within the
area proposed to be changed.
b) An application to amend the zoning by-law and all required
information and fees as determined by Council shall be provided
to the Council. If Council approves the application, it shall
proceed with the amendment in accordance with the provisions
of the Act.
.2
Fees: The application fee for an amendment to the zoning by-law
shall be established in the municipality's development fee schedule
by-law.
Part 2. Administration
26
2.11
Conditional Uses
.1
Application: An application for a conditional use shall be processed
and approved or rejected in accordance with the provisions of the
Act.
.2
Filing an application: An application for a variation order and all
required information and fees shall be provided to the Development
Officer.
.3
Expiry of approval: The approval of Council in accordance with the
provisions of the Act shall expire and cease to have any effect if it is
not acted upon within twelve (12) months of the date of the
decision, unless it is renewed prior to the expiry date, at the
discretion of Council, for an additional period of twelve (12) months.
.4
Existing conditional use: Where a use is classified as a conditional
use under this By-law or amendments thereto, and exists as a
permitted or conditional use at the date of the adoption of this By-
law or amendments thereto, it shall be considered as a legally
existing conditional use.
.5
Changes to an existing conditional use: Any change in a conditional
use shall be subject to the provisions of this Section and the
appropriate provisions of the Act.
2.12
Variations
.1
An application for a variation order shall be processed and approved
or rejected in accordance with the provisions of the Act.
.2
An application for a variation order and all required information and
fees shall be provided to the Development Officer.
2.13
Development Agreements
.1
Where a subdivision is made under Part VI of the Act, or where an
application is made for the amendment of this By-law, Council may
require the owner or the person entitled to be registered as owner
of the land, building or structure to which the application or
amendment shall apply, as a condition to its enactment, to enter
into a development agreement with the R.M. of St. Laurent in
respect of that land as well as contiguous land owned or leased by
the applicant.
.2
The provisions of said agreement shall be in accordance with the
Act.
Part 2. Administration
27
2.14
Subdivision Applications
.1
Subdivision applications shall be proceeded with in accordance with
Part VI of the Act. No subdivision application shall be approved
which is contrary to the Development Plan, this By-Law, provincial
land use policies, subdivision regulations, and other regulations and
requirements of the Federal, Provincial and municipal governments.
2.15
The Development Officer
.1
The Council shall appoint a Development Officer, who on behalf of
the Rural Municipality of St. Laurent, shall carry out the
administration and enforcement of this By-law.
.2
The Development Officer:
a) shall review each development permit application to ascertain
whether it conforms to the adopted Western Interlake Planning
District Development Plan and amendments thereto, all
applicable regulations and information regulations of this Bylaw
and amendments thereto, and other Municipal Bylaws, as well
as 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;
b) may issue a development permit where the development of
land, buildings or structures conforms to the adopted
Development Plan, and the requirements of this By-law and
amendments thereto, subject to the provisions of subsection
(3);
c) may enter any buildings or premises at all reasonable hours in
the performance of his duties with respect to this By-law;
d) may issue development permits for the temporary use of
buildings, structures or land pursuant to the provisions of this
By-law;
e) may issue zoning memoranda or such other documents
necessary for the administration and enforcement of this By-
law; and
f)
subject to Section 56 of The Planning Act, may grant or refuse
the minor variation (not to exceed 10 per cent of the
requirements) of the application of this By-law with respect to
the requirements of any front, rear or side yard or any other
yard.
.3
At the request of Council or Board, the Development Officer shall
defer approving an application for a development permit:
Part 2. Administration
28
a) as provided for in the Act;
b) which would result in a violation of this By-law or any By-law of
the Rural Municipality of St. Laurent; or
c) to any person who has failed to pay any fees due and owing to
the Rural Municipality of St. Laurent or Board under this By-law.
2.16
Development Permits
.1
No person shall use land, a building or structure and shall not
construct or reconstruct a building or structure except in conformity
with an approved development permit.
.2
An application for a development permit is required for the
following:
a) The erection or construction or placement of any building,
structure or mobile home, except fences and light standards.
b) The addition, extension, structural alteration or conversion of
any building or structure.
c) The relocation or removal or demolition of any building or
structure.
d) The use of vacant buildings or structures.
e) The change of use of land, buildings or structures.
f)
The establishment or expansion of any Livestock Production
Operation including the erection, construction or placement, or
addition, enlargement or relocation of any livestock barns and
other livestock buildings and/or manure storage structures.
.3
Notwithstanding the provisions of subsection 2.16.2 of this PART, an
application for a development permit shall not be required for:
a) Accessory buildings or structures not exceeding 120 square feet
in area.
b) Minor accessory farm buildings or structures that are open
ended or unenclosed such as hay shelters or loose housing
animal shelters and moveable structures built on skids such as
granaries and cattle feeders.
.4
In addition to the requirements of any By-law of the Rural
Municipality of St. Laurent or any other provincial regulations, all
applications for a development permit shall:
a) be accompanied by a plan, drawn to scale, showing the actual
dimensions and shape of the site to be built upon; the exact size
Part 2. Administration
29
and location on the site of buildings already existing, if any, and
the location and dimensions of the proposed building,
enlargement or structural alterations;
b) include such other information as may be required by the
Council or Board, including existing or proposed building or
structural alterations; existing or proposed use of the building
and land; the number and location of automobile parking spaces
and loading spaces; the number of families, dwelling units or
rental units the building is designed to accommodate; conditions
existing on the site; current copies of relevant titles, easements,
caveats, a surveyor's certificate prepared by a Manitoba Land
Surveyor and such other matters as may be necessary to
determine conformance with and provide for the enforcement of
this By-law; and
c) no person shall erect, locate, repair, use, or occupy any
building, land or structure contrary to any development permit
or the material furnished in support of the application.
.5
A development permit may also include a building permit and/or an
occupancy permit.
.6
Unless otherwise provided for herein, building permits issued prior
to the effective date of this By-law shall be considered valid for the
purpose of this By-law provided all the conditions under which the
permit was issued are complied with.
2.17
Non-Conformities
.1
A non-conforming use and a non-conforming building, structure,
parcel of land or sign shall be regulated in accordance with and
subject to the provisions of the Act, unless otherwise provided for
herein.
.2
Pursuant to Section 50(1) of the Act, a structural alteration may be
made to a building or structure, while a non-conforming use thereof
is continued or to a non-conforming building or structure, provided
that the said alteration conforms to the requirements of this By-law,
or where such requirements may be varied by a variation order.
.3
Pursuant to Section 50(5) of the Act, where Council determines that
a non-conforming building or structure is damaged or destroyed
more than fifty (50%) percent of its replacement value above its
foundation, the said building or structure may be repaired or rebuilt,
but only in conformance with this By-law or its amendments.
.4
A building or structure may be erected on a non-conforming parcel
of land provided:
Part 2. Administration
30
a) the required yards are provided as set forth in the Bulk Table of
the zone in which the parcel of land is located; or
b) where a variation order for such yard requirements is granted.
.5
A "non-conforming sign" shall be subject to all the provisions
relating to non-conformities, except as provided hereafter:
a) A change in the subject matter represented on a sign shall not
be considered a change of use.
b) A non-conforming sign may be structurally altered,
reconstructed, or replaced in the same location and position
provided that such structural alteration, reconstruction, or
replacement does not result in:
i)
the creation of a new non-conformity or an increase in the
degree of non-conformity; or
ii) an increase in the sign surface area; or
iii) an increase in the degree of illumination.
.6
Notwithstanding the provisions of this section, a variation order
shall not be required where a non-conforming building, structure or
parcel is being altered or changed so as to reduce the degree of
non-conformity.
.7
Any fees made to the Development Officer for the issuance of a
certificate in accordance with Section 48(3) of the Act shall be
determined by Council.
2.18
Fee Schedule
The Council shall by By-law establish a development fee schedule for
zoning amendments, conditional use orders, variation orders, zoning
memorandum, development permits and other appropriate documents.
2.19
Enforcement (BL 11/2021)
The enforcement of this by-law shall be in accordance with The Municipal Act, The
Municipal By-law Enforcement Act and The Planning Act.
2.19.1 Authority to inspect and enforce
A designated employee or officer of a planning district or municipality may, in
accordance with the requirements of this Part, enter land or a building
a) to conduct an inspection to determine if a person is complying with any of the
following:
i. a by-law adopted under The Planning Act that the district or municipality is
authorized to enforce,
Part 2. Administration
31
ii. the terms or conditions of a permit, approval or order made or issued under
this Act, and
b) to take any action authorized under The Planning Act or this by-law to enforce or
remedy a contravention of any matter referred to in clause (a)
2.19.2 Related to inspection powers
When conducting an inspection, the designated employee or officer may
a) request that anything be produced to assist in the inspection;
b) make copies of anything related to the inspection; and
c) on providing a receipt, remove a record, document or other item related to the
inspection.
2.19.3 Requirements
An inspection or enforcement action under section 2.19 must take place at a
reasonable time and after reasonable notice has been given to the owner or occupier
of the land or building. The designated employee or officer may enter the land or
building in question only with the consent of the occupier or under authority of a
warrant issued under The Planning Act.
2.19.4 Order to remedy contravention
If the designated employee or officer finds that a person is contravening
a) A section of this By-law; or
b) The terms or conditions of a permit, approval or order made or issued under
Authority of The Planning Act;
The designated employee or officer may issue a written order requiring the
person to remedy the contravention.
2.19.5 Content of order
The order may
a) Direct the person to stop doing something, or to change the way in which the
person is doing it;
b) Direct the person to take any action or measure necessary to remedy the
contravention and, if necessary, to prevent a recurrence of the contravention;
c) State a time within which the person must comply with the order; and
d) State that if the person does not comply with the order within the specified, the
district or municipality may take any action required to remedy the contravention,
at the expense of the person.
2.19.6 Remedying contraventions
Per The Planning Act, The R.M. of St. Laurent may take whatever action or
measures are necessary to remedy a contravention of a by-law or this or any other
Act that the municipality is authorized to enforce or to prevent a re-occurrence of the
contravention, if
a) the designated officer has given a written order under section 2.19.4;
b) the order contains a statement referred to in clause 2.19.5 d)
Part 2. Administration
32
c) the person to whom the order is directed has not complied with the order within
the time period specified in the order; and
d) the deadline for requesting a review under subsection 178(3) of the Act has
passed or, if a review of the order has been requested, and the decision of the
board or council was to allow the Municipality to take the action or measure.
2.19.7 Review by board or council
A person against whom an order is made under this section may require the board or
council to review it by making a written request to the board or council no later than
14 days after the order was made.
2.19.8 Powers of board or council
After receiving the written request to review the order, the council must review the
order and may confirm, vary or rescind the order.
2.19.9 Costs
The costs of an action or measure taken by a planning district or municipality under
this section are a debt owing to the district or municipality by the person(s) who
contravened the by-law.
2.19.10 Penalties (BL 4/2023)
Failure to comply to this By-law may result in seizing, removing, impounding and
selling of vehicles and or other structures, buildings related to a contravention as
authorized under this By-law and the General Enforcement By-law 4/2022.
Part 3. General Regulations
33
General Regulations
3.1
Intent
The following regulations shall apply to all zones except wherein otherwise
noted.
3.2
Conformance And Permits Required
No building or structure shall be erected, reconstructed, structurally
altered, enlarged or moved, nor shall any building, structure or land be
used for any use other than is permitted in the zones in which such
building, structure or land is located and then only after applying for and
securing all development permits, building permits, other permits and
licenses required by all laws and by-laws in effect within the municipality.
3.3
Area And Yard Requirements
Except as herein provided, the following regulations shall apply in all
zones to ensure adequate site and yard requirements:
.1
For the purpose of side yard regulations, a semi-detached two-
family dwelling, a row-house or a multiple-family dwelling with
common party walls shall be considered as one (1) building
occupying one (1) site.
.2
All yards and other open space required for any use shall be located
on the same site as the use.
.3
It shall be a continuing obligation of the owner to maintain the
minimum site area, yards and other open spaces required herein for
any use as long as it remains in existence. Furthermore, the
minimum site area, yards and other open spaces allocated to a use
as per requirements of this by-law shall not by virtue of change of
ownership, or for any other reason, be used to satisfy the yard,
other open space, or minimum site requirements for any other use
on another site.
.4
No parcel of land shall hereafter be divided into sites, unless each
site conforms with the requirements set forth in the Bulk
Regulations of the Zone in which the parcel is located or where such
requirements are varied by a variation order.
3.4
Front Yard Exceptions
Where sites comprising forty (40) percent or more of the entire frontage
of the block are developed with buildings, the average front yard depths
established by such buildings shall establish the minimum front yard
depths for the entire frontage of the block provided such average is less
3
Part 3. General Regulations
34
than the minimum front yard required in the zone in which the site is
located.
3.5
Projections Into Required Yards
Except as herein provided, every part of a required yard shall be open and
unobstructed from the ground level to the sky, save for trees, shrubs,
gardens, fences, sidewalks and driveways:
.1
architectural features, such as chimneys, bay windows, alcoves,
canopies, awnings, eaves, and gutters may extend into a required
side yard if the width of that yard is not reduced to less than (3)
three feet, and may extend or project into a required front or rear
yard up to five (5) feet;
.2
open, unenclosed, and uncovered porches, decks or terraces may
project up to six (6) feet into a required front or rear yard;
.3
open, unenclosed stairways or balconies, not covered by a roof or
canopy, may project up to four (4) feet into a required rear or front
yard;
.4
name plates and real estate signs shall be allowed in any required
front, side, or rear yard; and
.5
fences, hedges, and landscape architectural features are permitted
in all required yards if maintained at a maximum of height of three
and one-half (3-1/2) feet in the front yard and at a maximum of six
(6) feet in the rear and side yards.
3.6
Height Exceptions
The provisions of this By-law shall not apply to limit the height of any
ornamental dome, chimney, tower, electrical or telephone transmission
line, television or radio mast, steeple, water storage tank, electrical
apparatus or the mechanical operations of the building provided that no
roof structure or any space above the height limit shall be permitted for
the purpose of providing usable floor space.
3.7
Site Reduced By Public Works
A site area or site width or required yard reduced below the minimum
requirements of this By-law by virtue of a public works, street or public
utility shall be deemed to conform to the requirements of this By-law.
Part 3. General Regulations
35
3.8
Sign Regulations
The following shall apply in all zones in this By-law except as otherwise
stated below.
.1
No sign or sign structure shall be erected at any location where it
may interfere with, obstruct the view of, or be confused with any
authorized traffic sign, signal or device.
.2
No sign or sign structure shall be located in such a manner as to
materially impede the view of any street or highway intersection, or
in such a manner as to materially impede the view of the
intersection of a street or highway with a railroad grade crossing.
.3
No beam, rotating beam, or any flashing illumination resembling an
emergency light shall be used in connection with any sign display.
.4
No flashing sign shall be permitted in or within three hundred (300)
feet of any residential district or Provincial Roads and Provincial
Trunk Highways.
.5
All signs and sign structures shall be kept in repair and in proper
state of preservation. Signs which have become obsolete because of
discontinuance of the business service or activity, and have not
been removed or relocated within thirty (30) days following such
condition, may be removed by the Municipality at the owner's
expense.
.6
Where a sign has two or more faces, the area of all faces shall be
included in determining the area of the sign, except that where two
such faces are placed back to back and are at no point more than
two (2) feet from one another.
.7
It shall be unlawful to erect or maintain any sign on, over or above
any land or right-of-way belonging to the Municipality unless such
right is established by agreement with the Municipality, and all signs
shall adhere to all the setback requirements of the zone in which
they are located.
.8
The placing of advertising, business or identification signs within the
control lines and circles of a Provincial Road or Provincial Trunk
Highway shall require a permit from the appropriate authority.
.9
The following signs shall not be subject to the provisions of this By-
law, except wherein otherwise noted:
a) Signs posted by duly constituted public authorities in the
performance of their public duties.
Part 3. General Regulations
36
b) Flags or emblems of a political, civic, educational or religious
organization.
c) Temporary signs as may be authorized by Council for not more
than two months at a time by written permit which shall show
the size, shape, content, height, type of construction and
location of such signs.
d) "No Trespassing" signs not exceeding three (3) square feet.
e) Construction signs when placed on construction sites and not
exceeding twenty-five (25) square feet.
f)
Signs required for direction and convenience of the public
including signs which identify rest rooms or parking entrance or
exit, not exceeding five (5) square feet in area.
g) Real estate signs not exceeding ten (10) square feet which
advertise the sale, rental or lease of a building, structure, site,
or part thereof.
3.9
Accessory Buildings and Uses Permitted (BL 4/14)
.1
Where this By-law provides that any premises may be used or a building or
structure may be erected, altered or used for a purpose, that purpose shall
include any accessory building or structure or accessory use.
.2
Accessory buildings, except as otherwise regulated in this By-law, shall be
subject to the regulations below.
a) Where the accessory building is attached to a main building, it shall be
subject to, and shall conform to, all regulations of this By-law applicable to
the main building.
b) Detached accessory buildings and structures shall not be built prior to the
principal building, except where construction of the principal building has
commenced within one (1) year of the date of the permit issuance for the
accessory building.
c)
No detached accessory building shall be located closer than ten (10) feet
from the eaves of the main building.
d) Detached accessory buildings shall not be located within a dedicated
easement right-of-way.
e) Shipping/cargo containers" shall not be allowed as accessory buildings in
the "SR", "SR-C," "RMHP" and "PR" zones.
f)
Where allowed, "shipping/cargo containers":
Part 3. General Regulations
37
- shall be built on proper foundations;
- shall not be located where visible from any abutting road;
- may be screened from view by a fence built in compliance with Section
3.5.5, provided containers do not project above the fence; or must be
visually appealing by painting to match existing buildings on the same
property or by painting murals. (BL 4/2023)
3.10
Secondary Suites within Main or Principal Building (BL 2/17)
.1
Secondary suites within the main or principal building shall be subject to the
regulations below:
a)
Minimum floor area shall be 37.16 m2 (400 sq. ft.);
b)
Maximum floor area shall not exceed 40% of the total habitable floor
space of the main or principal dwelling or 80 m2 (861.1 sq. ft.), whichever
is the lesser;
c)
Not more than 1 Secondary Suite shall be permitted within a principal
dwelling;
d)
Not more than 1 Secondary Suite shall be permitted on a single zoning
site;
e)
The property containing a Secondary Suite shall be zoned for residential
use and contain a permanent habitable principal or main single-family
(detached) dwelling;
f)
The principal dwelling must be an existing permanent structure;
g)
The principal dwelling is to be occupied by the owner of the property; and
h)
Fire separation must be provided between the principal dwelling and the
Secondary Suite and interconnected Smoke Alarms.
3.11
Secondary Suites, detached (BL 2/17)
.1
Detach secondary suites shall be subject to the regulations below:
a)
Minimum floor area shall be 37.16 m2 (400 sq. ft.);
b)
Maximum floor area shall be no greater than 80 m2 (861.1 sq. ft.), and
shall not exceed the maximum lot coverage for accessory structures as
permitted within the Zoning By-law.
c)
Not more than 1 Secondary Suite shall be permitted on an established zoning
site;
d)
The exterior of the secondary suites should incorporate building materials,
textures, and colours that are similar to those found on the principal dwelling;
e)
Minimum setbacks must be equal to or greater than the minimum
setbacks from the property lines for a principal dwelling within the same
zone;
f)
A minimum of one off-street parking space must be provided for each
secondary suite;
Part 3. General Regulations
38
g)
The zoning site containing the Secondary Suite shall be zoned for residential use
and contain a permanent habitable principal or main single-family (detached)
dwelling; and
h)
The principal dwelling is to be occupied by the owner of the property.
3.12
Only One Main Building Or Use On A Site
There shall be only one main building and/or one main use on a site,
except wherein otherwise stated or permitted by the Act.
3.13
Multiple Uses
Where any land or building is used for more than one purpose, all
provisions of this By-law relating to each use shall be satisfied. Where
there is conflict such as in the case of site area and frontage, the higher
or more stringent requirement shall prevail.
3.14
Public Utilities And Services
Nothing in this By-law shall be so interpreted as to interfere with the
construction, maintenance and operation of any public utility, as defined
by this By-law, or public service such as police and fire protection,
provided that any building or structure erected in any zone complies with
the yard and area requirements applicable to the zone.
3.15
Temporary Buildings And Uses
.1
Temporary buildings, structures and uses which are incidental and
necessary to construction in the same zone may be permitted on a
temporary basis, subject to the issuance of a development permit,
for the following purposes:
a) storage of construction materials and equipment incidental and
necessary for construction;
b) office space for contractor or developer; and
c) temporary accommodation for a caretaker, watchman and other
workers employed on the same construction site.
.2
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.
.3
A development permit for a temporary building, structure or use
shall be valid for a period of not more than six (6) months and may
not be renewed for more than two (2) successive periods at the
same location.
Part 3. General Regulations
39
3.16
Public Monuments And Statuary
Nothing in this By-law shall be so interpreted as to interfere with the
maintenance or erection of monuments, statuary, and similar structures.
3.17
Land Unsuitable For Development
Notwithstanding the provisions contained in this By-law, Council may
prohibit the development of land for a use permitted in this By-law if
Council is of the opinion that the land is subject to erosion, flooding, or
subsidence, or is low-lying, marshy or unstable, or otherwise unsuitable
or hazardous for the proposed purpose by virtue of its soil, topography or
unique conditions.
3.18
Land Subject To Flooding
.1
No permanent building shall be constructed or placed in the vicinity
of a lake, river, watercourse or body of water on land that has been
identified by the province as a flood hazard or would be inundated
by the hundred year flood or by a recorded flood exceeding the
hundred year flood, unless it is demonstrated to the satisfaction of
Council that:
a) the land is not subject to flooding;
b) proper measures will be taken to protect the building from
flooding; or
c) that access to the property is on a developed public road to a
standard and elevation that meets with provincial flood
protection measures.
.2
No permanent building shall be constructed or placed on land which
may be subject to subsidence or erosion by water or damage by ice
or may be marshy or unstable, or may be otherwise unsuitable or
hazardous by virtue of its soil or topography, unless it is
demonstrated to the satisfaction of Council that proper measures
will be taken to deal with the unsuitability or hazard.
.3
Notwithstanding any provisions of this by-law, the Development
Officer may refuse to issue a development permit and/or a building
permit where the Council has reason to believe that the proposed
development is located on land that is subject to one or more of the
hazards identified above in .1 and/or .2.
.4
Notwithstanding any provisions of this by-law, the Development
Officer may refuse to issue a development permit on private lands
where Council has reason to believe that such works would create
an adverse effect on adjacent public or private lands or where
adjacent drains are insufficient to accommodate the added run-off.
Part 3. General Regulations
40
.5
The Development Officer may require a development permit
applicant and/or a building permit applicant to provide, at his own
expense, such flood levels, elevations, or other geotechnical data as
may be required to arrive at a rational decision with respect to
above.
.6
Council may, prior to the issuance of a development permit and/or a
building permit, consult with Manitoba Conservation, and other
departments of the provincial government.
3.19
Protection of Groundwater Supply
.1
If groundwater is to be used as a source of water supply, it shall be
done in a sustainable manner and compliant with The Water Rights
Act, The Groundwater and Well Act and the Well Drilling Regulation
(228/88R).
.2
Private well owners are responsible for the construction, ongoing
operation, maintenance, and monitoring of their water systems.
Water well development should be done in such a manner as to
protect groundwater from contamination
.3
Development of any common drinking water or sewer systems
should be done in accordance with provincial legislation (The Public
Health Act and The Drinking Water Safety Act).
3.20
Rules for Home Occupations (BL 4/14)
Home Occupations are governed by the conditions imposed by Council
and the following rules:
.1
They shall be conducted by a person or persons residing in the
dwelling.
.2
In the GD, RR, RMH, SR and SR-C zones there shall be no
processing or outside storage of goods or materials. (BL 8/07) (BL 4/14)
.3
Not more than 300 square feet, may be devoted to the business.
.4
One business sign, either freestanding or affixed to the wall of a
principal or accessory building, is permitted, not exceeding:
a) in the AG and AR zones, 32 square feet, and
b) in the GD, RR, RMH, SR and SR-C zones, 18 square feet. (BL 8/07)
(BL 4/14)
Part 3. General Regulations
41
.5
They shall not generate undue traffic or congestion, adversely affect
the amenity and convenience of the neighbourhood, or create a
nuisance, and if located in the vicinity of a provincial highway should
not impair the safe and efficient operation of a highway.
.6
If there is a potential of generating a large amount of truck traffic,
when located near a provincial highway system, Manitoba
Transportation and Government Services will be requested to
review proposals to determine what, if any, impact the development
may have on the provincial highway system.
3.21
Rules for Home Bed and Breakfast Facilities
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, no sign shall be illuminated and any
sign must be compatible with the 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, have a maximum of eight accommodation
units, and shall not change the principal residential character or
external appearance of the dwelling.
.4
Guest stays shall be limited to less than twenty-eight days.
.5
Meals shall be limited to the occupants of the dwelling and resident
guests and cooking facilities may be allowed in guest rooms at
Council's discretion provided said cooking facilities comply with the
Manitoba Building Code and any other pertinent federal, provincial
or municipal statues, legislation, regulations or by-laws. (BL 8/07)
.6
Catering to social functions is not permitted on site.
.7
In addition to the parking for the primary use, one additional on-site
parking space shall be provided for each accommodation unit.
.8
Approved smoke alarms shall be required:
a) in every sleeping room in the Bed and Breakfast Home; and
b) in the common corridor of every storey or floor level, even if no
sleeping accommodation 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.
Part 3. General Regulations
42
3.22
Street and Roads
.1
All developments shall be on sites that have direct frontage on an
approved all-weather roads. This provision shall also affect the
following:
a) no development or building permit shall be issued for a building
or structure that does not have direct frontage to an approved
all weather road; and
b) no subdivision shall be approved where the proposed and
residual lots, and or parcels of land will not have direct access to
a developed all-weather road.
.2
No building or structure shall be erected upon any land designated
for a future road allowance by Council. Any development adjacent
to a future road allowance shall comply with the regulations of the
Bylaw as if the said future road allowance was already in existence.
3.23
Planned Unit Developments
.1
For a planned unit development, the provisions of the Bulk Table of
the zone in which the planned unit development is located shall not
apply. The design, however, shall produce an environment of stable
and desirable character and shall incorporate at least equivalent
standards of amenity, accessory off-street parking areas and other
requirements and standards established in this by-law.
.2
An application for the establishment of, or modification to, a
planned unit development as a Conditional Use shall be
accompanied by the following information prepared and submitted
by the applicant:
a) Those requirements normally required for the issuance of a
development permit under section 2.16 of Part 2 Administration
of this By-Law.
b) In addition to complying with section 2.16 of Part 2
Administration, a development application for a planned unit
development shall be accompanied by the following information:
i)
the location and use of each existing and proposed building
or structure and the use or uses to be contained therein,
including providing the separation distances between
buildings and structures, a minimum distance of 10 feet
eave to eave be maintained between all buildings and
structures,
ii)
the location of all doors and windows, and the type thereof,
Part 3. General Regulations
43
iii)
the location of all exterior refuse storage facilities and the
screening thereof,
iv)
the location of all exterior storage facilities, and the
screening thereof,
v)
the location of all driveways, accessory parking areas,
accessory loading areas and the illumination facilities for
same,
vi)
the location of all pedestrian walks and open space areas,
vii) the location, type and height of all proposed walls, fences
and landscaping,
viii) the types of surfacing, such as paving, turf, or gravel, to
be used at various locations,
ix)
floor plans and elevations of all proposed buildings and
structures, and
x)
the total number of dwelling units and the gross floor area.
c) Impact studies, as deemed necessary by Council, dealing with
the following matters:
i)
a concise statement as to the general benefits of the
development to the community as a whole,
ii)
effect on the general area,
iii)
effect on the natural environment, such as surface and
sub-surface of the land, increase in surface run-off and
flooding, soil erosion and vegetation,
iv)
safety and general welfare,
v)
drainage systems, and
vi)
a traffic study prepared by qualified engineer.
The Council in reviewing such applications may require such
additional information from the applicant as may be necessary for
review of the proposal.
3.24
Parking and Off Street Loading and Unloading Spaces
.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, provision shall be made for off-
street vehicular parking or garage spaces in accordance with the
regulations and standards contained in this Section as follows:
Part 3. General Regulations
44
Off Street Parking Regulations
Use Class
Number of Parking Spaces
Required
Residential and Recreation Related
Use Classes
Cottage Dwelling
Institutional Residence
Mobile Home Dwelling
Multiple Family Dwelling
Single Family Dwelling
Semi-Detached Dwelling
Two Family Dwelling
Bed and Breakfast Home
Lodge
1.00/Dwelling Unit
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
1.00/Sleeping Accommodation
1.00/Sleeping Accommodation
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
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
Part 3. General Regulations
45
.2
For commercial and industrial land uses, off-street loading and
unloading spaces shall be provided on the same site as the main
building. The off-street loading and unloading space shall be thirty
(30) feet long, twelve (12) feet wide and (14) feet vertical clearance
and have access to a lane or street. The number of off-street
loading and unloading spaces shall be as follows:
Loading Spaces Table
Floor Area of Building or Area
of Open Air Storage
Number of Spaces
Up to and including 5,000 sq. ft.
One (1) loading space.
5,001 to 15,000 sq. ft.
Two (2) loading spaces.
15,001 to 40,000 sq. ft.
Three (3) loading spaces.
Over 40,000 sq. ft.
Three (3) loading spaces plus one (1)
space for each additional twenty-five
thousand (25,000) sq. ft. or portion
thereof.
.3
Where a proposed use is not listed above, the parking regulation
shall be decided by Council which may either determine that the
proposed use is similar to one that is listed, or, if that is not the
case, the Development Officer shall make his/her own determination
as to the regulation.
.4
Where the parking space regulation is determined by reference to a
unit such as the number of bedrooms or seats, or by floor area, the
next higher number shall be required where the calculation results
in a fractional number of parking spaces.
3.25
Dwelling/Building Setback from Waste Disposal Grounds and Sewage Lagoons
(BL 5/11)
No person/company shall construct a building and/or a dwelling on or within 400
meters of the boundary of a waste disposal ground, sewage treatment plant,
wastewater treatment lagoon, inactive waste disposal ground, abandoned sewage
treatment plant or abandoned wastewater treatment lagoon unless construction of
the building and/or dwelling is approved by both the department of the Government
of Manitoba responsible for the administration of The Environment Act (Manitoba)
and the Rural Municipality of St. Laurent. Furthermore, any error(s) or
misrepresentation(s) in the applications to construct, relocate, subdivide or develop
may deem the application null and void and a new application will have to be
submitted with the appropriate fee.
Part 3. General Regulations
46
3.26
Anhydrous Ammonia Facilities
Anhydrous Ammonia Facilities shall be located at least:
.1
792.48 m. (2,600.00 ft.) from residential areas, schools, hospitals,
churches and other institutional facilities;
.2
1,524.00 m. (5,000.00 ft.) from any village or settlement centre;
.3
304.80 m. (1,000.00 ft.) from the centre line of a provincial
highway; and
.4
91.44 m. (300.00 ft.) from the edge of arterial highways and
provincial roads.
3.27
Public Reserve Land
.1
Public reserve land shall only be used for:
a) a public park or recreation area;
b) a natural area;
c) a planted buffer strip or part thereof separating incompatible
land uses; or
d) public works.
.2
No buildings or structures shall be placed on public reserve land by
adjacent land owners.
3.28
Mobile Homes
.1
No mobile home shall be placed in any zone and used as a dwelling
unless it meets all structural standards as determined by the
Buildings and Mobile Homes Act, Chapter B93, C.C.S.M. as
amended.
.2
A mobile home dwelling, when located on a site, shall:
a) be connected to a private sewage disposal system installed in
accordance with regulations under the Environment Act;
b) be placed in such a way as to meet the approval of the
Development Officer; and
c) be connected to the hydro system with an approved electrical
service outlet.
.3
All structures and/or buildings such as porches, additions, carports,
private garages, skirting and storage facilities shall be painted or
pre-finished and maintained in a manner which will complement the
main structure.
Part 3. General Regulations
47
3.29
Parabolic Dish Antenna
.1
.One parabolic dish antenna may be allowed on a zoning site in any
zone as an accessory use or structure in accordance with the
regulations contained in this section.
.2
A parabolic dish antenna may be allowed in any yard of a principal
building or structure, except in the following yards:
a) front yard, and
b) corner side yard.
.3
A parabolic dish antenna, where allowed, shall maintain a minimum
of two (2) feet side yard and a minimum of two (2) feet rear yard.
.4
A parabolic dish antenna may be mounted on a roof, or on a
structure attached to, or adjacent to a wall of a building or
structure, or free standing, provided that no part of the antenna
projects into a required front yard or the corner side yard of the
principal building or structure.
.5
Maximum height shall be as follows:
a) for a parabolic dish antenna mounted on a roof, or attached to a
wall, the base of the antenna shall not be located higher than
one and one-half (1 1/2) feet above the surface of the nearest
point of the roof, and
b) for a free standing parabolic dish antenna, the top of the
antenna shall not extend higher than three and one-half (3 1/2)
feet above the highest point of the roof of the principal building.
3.30
Building and Structure Setback clearances From Manitoba Hydro
Lines and Conductors
A minimum clearance of 10 feet vertical and horizontal shall be
maintained when locating buildings and structures within close proximity
of Manitoba Hydro lines and conductors.
3.31
Special Events (BL 2/2018)
.1
Applications of Conditional Use Approval should include the following
information:
a) Site Plan showing proposed:
− emergency and protective service vehicle access routes;
− on-site parking (location, size of stalls, number);
− buildings and structures (stages and venues, washroom facilities,
cooking and dining facilities, overnight visitor accommodations, etc.)
b) Site Maintenance (refuse management, etc.);
Part 3. General Regulations
48
c) Security;
d) Dates and hours of operation;
e) Emergency and Protective Service Agreements;
f) Liability Insurance; and
g) Other matters deemed necessary by Council.
.2
Where approved, the Conditional Use Order shall require the
landowner/applicant to enter into a development agreement with the
Municipality to cover such matters as; site design, parking, traffic flow, sound
and sight mitigation, signage, site maintenance, security, dates and hours of
operation, emergency and protective service arrangements, liability insurance,
and any other matters deemed necessary by Council.
3.32 Apiaries (Bee Keeping) (BL 4/2023)
a) Bee Keeping must meet the following requirements:
a. No person shall establish an apiary without first being registered
as a bee keeper under the Bee Keeping Act
b. Every landowner who allows the beekeeping on their property has
the duty to ensure the maintenance of the beehives. The bees
must be requeened if they swarm or show signs of aggressive
behavior
c. In the RR, GD, SR, SRMH and SRC zones, no beehive shall be
located within 7.5 meters (25 ft) of a site line unless located in
compliance with the following:
I. The hive is set at a minimum height of 2.5 (8 ft) above grade;
or
II. It is located behind a solid fence or hedge 2 meters (6 ft) in
height located parallel to an adjacent property line and
extending a minimum of 6 meters (20 ft) horizontally behind
the hive in either direction
3.33 Travel Trailers Prohibited or Restricted (BL 1/2021) (BL 6/23) (BL 22/2024)
.1
In the "SR", "SR-C", "RMH","RR", "GD", "I", "CH" and "SR-M" zones, "Travel
trailers/Recreational Vehicles" shall not be stored or occupied on a site prior to
the construction and occupation of the main dwelling building, unless
otherwise allowed in the use table. On a site with a main dwelling building,
there shall be a maximum of two (2) "Travel trailer/Recreational Vehicles"
stored or occupied.
.2
Travel trailers/Recreational Vehicles in all zones in which they are allowed
shall not be used as a primary residence and shall only be occupied on a
seasonal basis from May 1st to October 30th and must be consistent with
Provincial environmental regulations for sewage disposal. The Travel
trailer/RV must comply with the minimum setbacks in the zoning by-law for
that zone and shall not have more than one (1) storage shed/gazebo not
Part 3. General Regulations
49
exceeding 120 sq ft in size. The "Travel trailers/RVs" may be stored during the
off season. The maximum number of Travel trailers/Recreational Vehicles
allowed on a site without a main dwelling building is two (2). Travel
trailer/Recreational Vehicles cannot be used as a storage building.
.3
If a development agreement is registered as a caveat against a property, the
land owners must review the development agreement to determine if Travel
Trailers/RVs are allowed on their property.
.4
In the "PR" zone travel trailers/RVs shall only be allowed in the "Camping and
tenting grounds".
.5
More than four (4) RVs occupied on any lot must be an approved "Camping
and tenting grounds".
.6
Where allowed, "Park models" must be skirted in.
.7
Council shall refer to the Licencing Fee By-Law when approving a conditional
use application for an Travel Trailer/Recreational Vehicle.
3.34 Communication Towers (BL 22/2024)
.1
All communication towers are federally regulated and are under the
jurisdiction of Industry Canada.
Part 4. Zones
50
Zones
4.1
Zones
In order to carry out the intent and purpose set forth in this By-law, the
following zones are hereby established in the area:
Rural Agricultural Areas
"AG" Agricultural General Zone.
"AR" Agricultural Restricted Zone.
Rural Settlement Centre Areas
"GD" General Development Zone.
Residential Areas
"RMH" Residential Mobile Home Zone .
"RR" Rural Residential Zone.
Recreation, Parks, Open Space and Institutional Areas
"SR" Seasonal Recreation Zone.
"SR-C" Seasonal Recreation Cottage Zone.
"SR-M" Seasonal Recreation Mobile Home Zone
"PR" Parks, Recreation and Open Space Zone.
"I" Institutional Zone.
Commercial Areas
"CH" Commercial Highway Zone.
Industrial Areas
"MG" Industrial General Zone.
4.2
Zoning Maps
The location and the boundaries of the zones listed in section 4.1 are
shown upon Zoning Maps attached and marked as Appendix "A" to this
By-law. These Zoning Maps form part of this By-law. All notations,
4
Part 4. Zones
51
references and other information shown thereon, together with any
amendments made by amending By-laws or amendments to boundaries in
the case of any street, lane, or public utility right-of-way closing (as
provided in Section 3 of this By-law) and shown thereon, shall be as much
a part of this By-law as if the matters set forth by the amended Zoning
Maps were fully described at the time of the By-law's adoption.
4.3
Dimensions And Scale
The scale and all dimensions of the Zoning Maps are in kilometres, miles,
metres, and feet, as appropriate.
4.4
Registered Plans
All plan references on the Zoning Maps pertain to registered plans filed in
the Winnipeg Land Titles Office unless otherwise indicated.
4.5
Abbreviations
The abbreviations noted on the Zoning Map mean the following:
.1
"Blk." means Block.
.2
"Gov't. Rd. All'ce." means Government Road Allowance.
.3
"Pcl." means Parcel.
.4
"Pt." means Part.
.5
"Rge." means Range.
.6
"Sec." means Section.
.7
"Twp." means Township.
.8
"W.P.M." or "W" means West of the Provincial Meridian.
.9
"P.R." means Provincial Road.
.10
"P.L.P." means Portage la Prairie Land Titles Office.
.11
"W.L.T.O." means Winnipeg Land Titles Office.
4.6
Interpretation Of Zone Boundaries
In the interpretation of the boundaries of the zones as shown on the
Zoning Maps, the following rules shall apply:
.1
Heavy unbroken lines represent the zone boundaries. Even if the
zone boundary is broken by the name of a street, the boundary
continues through the name of the street.
Part 4. Zones
52
.2
While streets, lanes and public utility rights-of-way may be within
zone boundaries, the regulations contained in this By-law do apply
to streets, lanes and public utility rights-of-way.
.3
Boundaries indicated as following the centrelines of streets,
highways or lanes shall be construed to follow such centrelines.
.4
Boundaries indicated as following lot, site or property holding lines
on a registered plan shall be construed as following such lot, site
and property holding lines.
.5
Boundaries indicated as following the Rural Municipality's limits shall
be construed as following the Rural Municipality's limits.
.6
Boundaries indicated as following the centreline of railway or public
utility lines or rights-of-way shall be construed to be the centre of
the line or right-of-way.
.7
Boundaries indicated as following the centrelines of streams or
rivers shall be construed as following the centreline of such streams
or rivers.
.8
Boundaries indicated as following legal subdivision lines shall be
construed as following such legal subdivision lines.
.9
If a street, lane, or Government Road Allowance shown on the
Zoning Map is lawfully closed, the land formerly comprising the
street or land shall be included within the zone of the adjoining
land, provided that if the former street or lane was a zone boundary
between two or more different zones, the new zone boundary shall
be the former centreline of the closed street or lane.
Part 5 Rural Agricultural Zone
53
Rural Agricultural Zones
5.1
Intent And Purpose
The Rural Agricultural Zones established in this by-law are intended to
provide sufficient land for various types of agricultural development and
secondary small industries when associated with an agricultural operation
in the area, in accordance with the provisions of the Development Plan.
5.2
Zones
In order to carry out the intent and purpose of section 5.1, the following
zones have been established:
.1
The "AG" Agricultural General Zone which provides for a full range
of agricultural activities in accordance with Agricultural Use
Table 5 -1.
.2
The "AR" Agricultural Restricted Zone provides for agricultural uses
and activities on a restricted basis in areas adjacent to rural
settlement centres, rural residential areas and recreation areas in
order to avoid land use conflicts and to preserve lands for future
expansion of settlement centres and recreation areas. The "AR"
Zone restricts the size of how big livestock production operations
can be in the Agricultural Use Table 5 - 1. Summer pasturing is
allowed in this zone.
5.3
General Requirements
The requirements applying to all Rural, Zones are contained within this
part. Also applying to these zones are the provisions of Part 1-
"Interpretation", Part 2 - "Administration", and Part 3 - "General
Regulations".
5.4
Use Regulations
.1
Table 5 - 1, "Rural Agricultural Use Table", lists all uses that are "P",
Permitted, and "C", Conditional in the Rural Zones. All listed uses
are subject to the provisions of this By-law.
.2
After the adoption of this By-law, no land shall be used or occupied,
and no structure shall be erected, altered, used or occupied for any
use in the Rural Agricultural Zones other than a use listed in Table 5
- 1, "Rural Agricultural Use Table", with the exception of uses
lawfully established prior to the effective date of this By-law.
5
Part 5 Rural Agricultural Zone
54
Table 5 - 1 (BL 2/17) (BL 2/2018) (BL 22/2024)
Rural Agricultural Use Table
LEGEND:
P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES
"AG"
"AR"
General Agricultural Activities
P
P
Abattoirs
C
-
Advertising Signs, Structures, and Billboards
P
P
Agricultural Auction Marts
C
-
Agricultural Exhibition Grounds
C
C
Agricultural fertilizer and chemical storage facilities excluding
anhydrous ammonia
C
C
Aircraft Landing Strips
C
-
Anhydrous Ammonia Facilities
C
-
Animal Hospitals and Veterinary Clinics
P
C
Apiaries (BL 4/2023)
P
P
Asphalt Plants
C
-
Aviaries
P
C
Bed and Breakfast Facilities (see section 3.19) (BL 4/14)
C
C
Camping and Tenting Grounds
C
C
Cemeteries
C
C
Community Halls
C
C
Conservation Areas
P
P
Contractor's Yards
C
C
Feed Mills and Seed Cleaning Plants
C
C
Garbage and Sewage Disposal Areas
C
C
Golf Courses
C
C
Greenhouses, Horticulture, Nursery, Silviculture
P
P
Home Occupations (see section 3.18) (BL 4/14)
P
P
Kennels
C
C
Livestock Production Operations of less than10 AUs (See section 5.9)
P
P
Livestock Production Operations less than 300 AU's (see section 5.9)
P
-
Livestock Production Operations 300 AU's or more (existing)
C
-
Outfitter and Outfitter Cabins (see section 5.13)
P
-
Public Utilities
P
P
Recreational Trails
C
C
Religious Facilities
C
C
Single-family Dwellings or Mobile Homes
P
P
Sand and Gravel Pits, and Quarry Operations (see section 5.12)
C
C
Schools
C
C
Secondary small scale industry (see section 5.11)
C
C
Secondary Suites within main or principal building (see section 3.10) (BL 2/17)
P
P
Secondary Suites, detached (see section 3.11) (BL 2/17)
C
C
Shooting Ranges
C
-
Stables and Riding Academies
P
C
Wind Energy Generation System
C
C
Accessory Uses, Buildings and Structures (see section 5.6)
P
P
Part 5 Rural Agricultural Zone
55
5.5
Conditional Use
Any use listed as a "Conditional Use" in Table 5 - 1 shall comply with the
regulations as set forth in Part 2 - "Administration" and Part 3 - General
Regulations".
5.6
Accessory Uses, Buildings And Structures
In the Rural Zone, accessory uses, buildings or structures shall be limited
to the following:
.1
farm dwellings, including a single-family dwelling or mobile home
when on the same site with a permitted or conditional agricultural
activity;
.2
staff dwellings, including a single-family dwelling, two-family
dwelling, dormitory, or mobile home when on the same site as
permitted or conditional uses where, in the opinion of the Council,
such a dwelling is essential for the maintenance, operation and care
of the permitted or conditional use;
.3
buildings or structures for the operation and maintenance of an
agricultural activity;
.4
storage of goods used in, or produced by, agricultural activities on
the same site as such activities, unless such storage is excluded by
the zoning district or provincial regulations;
.5
a private garage, carport, covered patio, toolhouse, shed, and other
similar buildings for the storage of domestic equipment and
supplies;
.6
incinerators and individual sewage disposal systems, subject to the
authority with jurisdiction;
.7
home occupations;
.8
signs as permitted in this part; and
.9
clubhouses and other related recreational structures on the grounds
of private clubs, golf courses, and other like permitted or conditional
recreational facilities.
5.7
Bulk Regulations
.1
The Rural bulk regulations are listed in Table 5 - 2, Rural Bulk
Table.
Part 5 Rural Agricultural Zone
56
Table 5 - 2
Rural Bulk Table
Permitted
or
Conditional
Uses
Zone
Requirements
Minimum
Maximum
Site
Area
(Ac)
Site
Width
(Ft)
Front
Yard
(Ft)
Side
Yard
(Ft)
Rear
Yard
(Ft)
Height
(Ft)
Site
Coverage
(%)
General
Agricultural
Activities
"AG"
"AR"
80
600
125
25
25
-
-
Livestock
Production
Operations
"AG"
"AR"
80
600
125
25
25
-
-
Other Uses
"AG"
"AR"
2
200
125
25
25
-
-
Wind Energy
Generation
System
"AG"
"AR"
2
200
125
50
50
-
-
Accessory
Buildings and
Structures
"AG"
-
-
125
25
25
-
-
"AR"
-
-
125
25
25
-
-
.2
Explanations and Exceptions to the Bulk Requirements in Table 5 -
2 are as follows:
a) Buildings and structures shall have a side or rear yard of one
hundred and twenty-five (125) feet when the yard is adjacent to
a Government Road Allowance.
b) Setbacks for Buildings, structures or hedges from provincial
roads, major provincial highways and their centers of
intersection shall be in accordance with the Highway Protection
Act and the Highway Department Act or as varied from time to
time.
5.8
Aircraft Landing Strips
All buildings and structures, when being located in close proximity to
licensed aircraft landing strips, whether on the same property or an
adjoining property, shall be governed by the appropriate Transport
Canada regulations.
5.9
Livestock and Livestock Production Operations (BL 4/2023) (BL 22/2024)
.1
I In addition to complying with Farm Practice Guidelines, livestock
may be kept on parcels of land smaller than 10 acres in size, based
on the following criteria:
2 acres to 4 acres
1 A.U. (BL 4/2023)
Part 5 Rural Agricultural Zone
57
> 4 acres to 6 acres
2 A.U.
> 6 acres to 8 acres
3 A.U.
> 8 acres to 10 acres
4 A.U.
.2
A development permit shall be required for new or expanding
livestock production operations. The permit shall state the use of
the land, buildings and structures, the size of the operation (in
number of animals), and the method of waste disposal. All new or
expanding livestock operations must comply with the siting and
setback requirements from property lines, residences, designated
development areas, watercourses, and wells as outlined in Table 5-
4, the Provincial Farm Practice Guidelines and Environment Act.
.3
The number of animal units for a livestock production operation
shall be determined in accordance with Table 5-3.
.4
A Development Permit application for a livestock production
operation shall be accompanied by:
a) The information required by section 2.16.
b) Plans, specifications and descriptions, for
i)
size of the operation in terms of the number of animals,
ii)
the housing facilities and structures including the manure
handling system,
iii)
the storage facilities including storage odour control, and
iv)
land application of manure.
c) A site plan showing the location of housing, storage and other
facilities and their distances from property boundaries.
d) Statements from the responsible provincial agencies and the
technical review committee, that the information supplied under
clauses a) and b) indicates compliance with provincial
regulations and guidelines.
.5
Council may approve the development applications subject to
conditions, as provided for in The Planning Act, including, but not
limited to, the following:
a) conditions that ensure conformity with the applicable provisions
of the development plan and zoning by-law for a municipality;
b) measures to implement recommendations made by the
Technical Review Committee (such as obtaining all necessary
approvals from the appropriate authorities) are undertaken;
Part 5 Rural Agricultural Zone
58
c) one or both of the following measures intended to reduce
odours from the livestock operation;
i)
requiring covers on manure storage facilities,
ii)
requiring shelter belts to be established,
iii)
the payment of a sum of money to the Board or Council
to be used for construction.
a.
d)
other conditions such as:
i)
the timing of construction of any proposed building or
structure;
ii)
the control of traffic;
iii)
the construction and maintenance of roads, fencing,
landscaping, shelter belts or site drainage works by or at
the expense of the owner or applicant;
iv)
the payment of a sum of money to the board or council to
be used by the board or council to construct anything
mentioned in clause (c).
v)
As part of any Development Agreement, Councils may
require that no development takes place until all approvals
and conditions have been met. Councils may revoke its
approval for violation of the Development Agreement on
any condition imposed by it.
Part 5 Rural Agricultural Zone
59
Table 5 - 3
Animal Unit Summary Table
Type of Operation
A.U Produced by
One Animal
Livestock
Producing One A.U.
Dairy
Milking Cows, including assoc.
livestock
2.0
0.5
Beef
Beef Cows, including assoc.
livestock
1.25
0.8
Feeders, 100-day backgrounder
0.45
2.22
Feeders, 200-day backgrounder
0.50
2.00
Summer Pasture
0.625
1.6
Short Keep
0.80
1.25
Long Keep
0.70
1.43
Hogs
Sows, farrow to finish
1.25
0.8
Sows, farrow to weanling
0.313
3.2
Sows, farrow to nursery
0.25
4.0
Weanlings
0.033
30
Feeders
0.143
7.0
Chickens
Broilers
0.0050
200
Roasters
0.0100
100
Layers
0.0083
120
Pullets
0.0033
300
Turkeys
Broilers
0.010
100
Heavy Toms
0.020
50
Heavy Hens
0.010
100
Broiler Breeder Pullets
0.0033
300
Broiler Breeder Hens
0.01
100
Horses (PMU)
Mares, including assoc. livestock
1.33
0.75
Sheep
Ewes, including assoc. livestock
0.20
5
Feeder Lambs
0.063
16
AU Produced by
1000 kg Live
Animal Weight
Kilograms Live
Animal Weight
Producing One AU
Other Livestock (except poultry)
2.5
400
Other Poultry
7.5
130
Part 5 Rural Agricultural Zone
60
Table 5 - 4
Livestock Siting Regulations
Animal Units
Minimum Distance (feet / miles)
From Single
Residence1
From Designated
Residential or Recreational
Area
To
Earthen
Manure
Storage
To
Buildings
To Earthen
Manure
Storage
To Buildings
& Non-
Earthen
Manure
Storage
10 - 100
101 - 200
201 - 400
656
984
1311
328
492
656
2640 (1/2)
3960 (3/4)
5280 (1.0)
1760 (1/3)
2640 (1/2)
3520 (2/3)
* Applies to new Livestock Production Operations only.
5.10
Mutual Separation of Dwelling and Livestock Operations
A mutual separation distance of 400 metres (1,320 feet) shall be
maintained between any new dwelling or mobile home and any livestock
building or manure storage facility producing in excess of 10 Animal Units
(A.U.). Livestock production operators that have their residences located
on the same site as livestock production operation are excluded from this
requirement. The mutual separation distance is deemed to be a yard
requirement consistent with the provisions contained in The Planning Act.
5.11
Secondary Small Scale Industries
The following provisions shall apply to the establishment of secondary
small scale industries in the Agricultural Zones:
.1
Secondary small scale industries shall mean the activity is
secondary to the agricultural use and is conducted on the farm
premises principally by the residents living on the farm premises.
.2
Industrial uses considered secondary to agricultural uses, may
include manufacturing, assembly, fabrication and repair activities.
1 The table provides exception for on site operators to have separation distances
of less than 400 metres (1,320 feet) for separations between a single residence
or mobile home and manure storage facilities and buildings. All other
development must meet the Mutual Separation of Dwelling and Livestock
Operations noted in 5.10.
Part 5 Rural Agricultural Zone
61
.3
Secondary small scale industries shall be deemed a Conditional Use
in the "AG" Agricultural General Zone and "AR" Agricultural
Restricted Zone.
.4
When reviewing a Conditional Use Application for secondary small
scale industrial operation, Council shall take the following into
consideration:
a) the type of operation and location on the farm premises can be
sustained without adverse impact to the natural environment;
b) the character and scale of the operation does not create adverse
impacts upon the use of adjoining land uses; and
c) the type and location of the industrial uses does not require the
Municipality to invest in new infrastructure to accommodate the
operation.
.5
The following SITING CRITERIA shall be applied:
a) The industrial activity shall be located in the same yard site that
serves the farm operation.
b) The industrial activity shall not require the creation of a new
title separate from the title for the principal agricultural
operation.
c) All industrial activities submitted for approval of Council in
accordance with this By-law, shall be accompanied by
supporting information describing the proposed use, and a site
plan identifying the location of the proposed use, all related
buildings, storage areas and site access routes.
d) Conditional Applications for secondary industrial uses approved
by Council under this By-Law, will require the preparation of
building plans and specifications for the purpose of a building
permit, to confirm that all new or modified buildings, intended
to accommodate the industrial activity, comply with building
regulations.
5.12
Mineral Extraction Operations
A development permit shall be required for the establishment of a
commercial pit or quarry operation, and shall include:
.1
In the case of Crown quarry minerals, proof of the issuance of a
Provincial Lease or Casual Permit under Manitoba Quarrying
Minerals Regulations (MR 65/92).
.2
A plan showing areas and means for disposing of overburden, and
routes for hauling the minerals.
Part 5 Rural Agricultural Zone
62
.3
A site plan showing the precise plan of the operation, the manner in
which extraction or development will occur, the means of visual
buffering and noise and dust protection, and the intended use(s) of
the site upon completion of the quarrying phase.
.4
A plan for rehabilitation of the site when exhausted and where
applicable, subject to Manitoba Regulation 226/76.
.5
The Council shall consult with Manitoba Industry, Economic
Development, and Mines when considering such applications.
Temporary Additional Dwelling or Mobile Home (Formerly 5.13 deleted by BL 2/17)
5.13
Outfitter Cabins
Outfitter cabins shall be allowed to establish on a temporary basis in the
remote rural areas of the municipality to be used as temporary
accommodations for the public involved in outdoor recreational activities
relating to hunting, fishing, snowmobiling and other similar pursuits
provided the following conditions are met:
.1
That the outfitter obtains a development permit for the temporary
cabin annually.
.2
That the outfitter has permission from the land owner to place the
temporary cabin on the land.
.3
That the outfitter is responsible for access roads or trails to the
outfitter cabin.
.4
That the outfitter complies with any other requirements that Council
may deem necessary to ensure public health and safety is
maintained and to protect the natural environment.
5.14
Wind Energy Generation System (WEGS)
This section is intended to provide standards and conditions for the
placement of wind energy generation systems as a conditional use in the
rural areas provided that:
.1
Proponents of a Wind Generation System (WEGS) shall submit to
the Development Officer a detailed site plan showing the location of
all wind generating devices, associated accessory buildings or
structures, electrical lines (above or below ground) on-site roads
and driveways providing access to the public road system.
.2
Accessory buildings or structures forming part of any WEGS shall
comply with all minimum required yards for WEGS.
Part 5 Rural Agricultural Zone
63
.3
In addition to satisfying the minimum yard requirements in TABLE
5-2 above, all WEGS shall be setback a minimum of one and one
half (1.5) times the total height of the WEGS from all property lines
and dwellings. The sole exception to the separation requirement
between a residence and a WEGS shall be where a landowner sites
a WEGS for his sole use on his own property adjacent to his
principal residence.
.4
In addition to satisfying the minimum yard requirements in TABLE
5-2 above, newly siting residences in the vicinity of a WEGS, other
than the residence of the owner of the lands upon which a WEGS is
located, shall be separated a minimum of one and one half (1.5)
times the total height of the nearest adjacent WEGS.
.5
The total height of any WEGS shall be the distance measured
between from the ground to the uppermost point of extension of
any rotor blade.
.6
In addition to satisfying the minimum yard requirements in TABLE
5-2 above, all WEGS shall be separated a minimum of 2,640 feet (.5
miles) from any lands designated or zoned for residential use.
.7
Any WEGS sites located adjacent to provincial highways (PTH or PR)
shall be subject to the setback requirements of the province.
.8
Proponents of WEGS shall be responsible for obtaining any required
federal and/or provincial government permits or approvals from
agencies such as but not limited to Transport Canada, NAV Canada
the federal Department of Fisheries and Oceans, Manitoba Hydro
and Manitoba Conservation, prior to the issuance of a development
permit.
.9
A development permit shall be obtained prior to the commencement
of construction.
.10
Where a proponent locates a WEGS on lands not under their
ownership, they will be required to enter into an easement
agreement with the owner of the property in order to ensure on-
going access to the WEGS.
.11
The criteria in the Use and Bulk Tables pertaining to WEGS shall not
apply in instances where a WEGS is constructed on the same site as
and is in direct support of either a permitted or conditionally
approved agricultural activity. In such cases, the WEGS shall be
treated as an accessory structure.
.12
Notwithstanding the treatment of WEGS as accessory structures to
Part 5 Rural Agricultural Zone
64
permitted or conditionally approved agricultural activities as outlined
in .11 above, proponents shall be required to investigate the need
for federal and/or provincial approval or licensing of the WEGS in
these circumstances.
Part 6 General Development Zone
65
General Development Zone
6.1
Intent And Purpose
The General Development Zone established in this By-law is intended to
provide sufficient land for development in the St. Laurent and Oak Point
settlement areas.
6.2
Zone
In order to carry out the intent and purpose of section 6.1 above, the
"GD" General Development Zone is hereby established.
6.3
General Requirements
The requirements applying to the General Development Zone are
contained within this part. Also applying to this zone are the provisions
of Part 1 - "Definitions", Part 2 - "Administration", and Part 3 - "General
Regulations".
6.4
Use Regulations
.1
Table 6 - 1 "General Development Use Table", lists all uses that are
"P", Permitted, and "C", Conditional in the General Development
Zone. All listed uses are subject to the provisions of this By-law.
.2
After the adoption of this By-law, no land shall be used or occupied,
and no structure shall be erected, altered, used or occupied for any
use in the General Development Zone other than a use listed in
Table 6-1 "General Development Use Table", with the exception of
uses lawfully established prior to the effective date of this By-law.
6
Part 6 General Development Zone
66
Table 6 - 1
General Development Use Table (BL 2/2018) (BL 22/2024)
Legend:
P = Permitted
C = Conditional
Zones
Uses:
"GD"
Single family dwellings and mobile homes
P
Two family dwellings
P
Advertising signs and structures and billboards
C
Agricultural implement sales and service
C
Amusement establishment
C
Any manufacturing or industrial use conducted within an enclosed building
C
Apiaries (BL 4/2023)
P
Automobile service stations
C
Automobile or trailer sales area
C
Bed and Breakfast Facility (see section 3.19) (BL 4/14)
P
Business and identification signs
P
Cemeteries
P
Childcare services
P
Churches, church halls and Sunday schools
P
Community centers, halls, and auditoriums
P
Contractors' yard
C
Convenience Store
P
Drive-in establishment
C
Exhibition and fair grounds
P
Fish processing plant
C
Funeral Service
C
Galleries and Museums (BL 1/2018)
P
Government Service
P
Green House, Plant and Tree Nursery
P
Hobby farm, (see section 5.9.1) (BL 4/2023)
C
Home Occupations (see section 3.18) (BL 4/14)
P
Hotel / Motel
P
Laundromats
P
Lumber yard
C
Multiple family dwelling
C
Parks, playgrounds, tot lots, and similar uses including buffer strips, public
reserves and public walkways
P
Planned Unit Development (see section 3.21) (BL 4/14)
C
Professional, Finance, Real Estate, and Office Support
P
Public buildings, including schools
P
Public library
P
Public utilities
P
Recreation centres
P
Residential care facilities
P
Restaurant and Coffee Shops
P
Retail Business conducted within an enclosed building
P
Part 6 General Development Zone
67
Legend:
P = Permitted
C = Conditional
Zones
Uses:
"GD"
Secondary Suites within main or principal building (see section 3.10) (BL 2/17)
P
Secondary Suites, detached (see section 3.11) (BL 2/17)
C
Temporary Additional Dwelling or Mobile Home (see section 5.13) (BL 10/11)
C
Travel Trailers/Recreational Vehicles on a site without a main dwelling building as a
temporary use (see section 3.33) (BL 1/2021) (BL 6/23) (BL 22/2024)
C
Travel Trailers/Recreational Vehicles on a site with a main dwelling building (see
section 3.33) (BL 1/2021)
P
Travel Trailers/Recreational Vehicles during construction of the main building (BL 1/2021)
C
Tourist campsite
C
Accessory uses, buildings and structures
P
6.5
Conditional Use
Any use listed as a "Conditional Use" in Table 6 1, shall comply with the
regulations as set forth in Part 2 "Administration" and Part 3 - General
Regulations".
6.6
Accessory Uses
In the General Development Zone, accessory uses, buildings, and
structures shall be limited to the following:
.1
Those related to a dwelling, including a mobile home, which may
include:
a) a children's playhouse, garden supply storage house, private
greenhouse, private conservatory and private swimming pools;
b) a private garage, carport, covered patio, porch, toolhouse, shed
or other similar additions and structures;
c) home occupations; and
d) individual sewage systems, subject to the authority having
jurisdiction.
.2
Those related to parks, tot lots, and the like, including structures for
the operation, maintenance and administration of, or incidental to, a
permitted park or recreational use.
.3
Those related to commercial, industrial or institutional buildings and
uses, which may include:
a) incinerators and individual sewage disposal systems, subject to
the approval of the authority having jurisdiction and which shall
be incidental to a permitted conditional use;
b) a dwelling unit or mobile home for a watchman or caretaker
whose presence on a permitted or conditional commercial or
Part 6 General Development Zone
68
industrial site is necessary at all times;
c) dwelling units, when incidental to, and located above and/or to
the rear of a permitted or conditional commercial use;
d) retail outlets incidental to another permitted or approved and
conditional use;
e) storage of goods, including buildings and structures in which
such goods are stored for, used in, or produced by,
manufacturing activities, unless such storage is excluded by the
zone regulations;
f)
the production, processing, cleaning, servicing, altering, testing,
repair or storage of merchandise normally incidental to a
business or personal service, or mercantile occupancy if
conducted by the same ownership as the principal use; and
g) signs, which are permitted in this part.
6.7
Bulk Regulations
The General Development bulk regulations are listed in Table 6 - 2,
General Development Bulk Table.
Table 6 - 2
General Development Bulk Table
Permitted or
conditional
uses
Zone
Requirements
Minimum
Maximum
Site
Area
(ac)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Coverage
(%)
"GD" General
Development
District Uses
"GD"
20,000
sq. ft.
100
25
15
25
30
40
Accessory
Buildings and
Structures
"GD"
-
25
5
10
15
15
6.8
Number of Buildings Permitted Per Site
Not more than one (1) single-family dwelling, mobile home, two-family
dwelling, multiple family dwelling and its accessory buildings shall be
permitted on one (1) zoning site, unless it is part of a Planned Unit
Development.
Part 7 Residential Zones
69
Residential Zones
7.1
Intent And Purpose
The Residential Zones established in this By-law are intended to provide
sufficient land for both urban and rural residential development in
municipality in keeping with the provisions of the Development Plan.
7.2
Zones (BL 4/14)
In order to carry out the intent and purpose of section 7.1, the following
zones have been established:
.1
The "RR" Rural Residential Zone provides for low density, single
family residential use on lots utilizing on-site sewer and water
services and located in rural areas. The principle use of the site shall
be for residential purposes.
.2
The "RMH" Residential Mobile Home Zone provides for the
placement of mobile homes on leased spaces within a mobile home
park.
7.3
General Requirements
The requirements applying to all Residential Zones are contained within
this part. Also applying to these zones are the provisions of Part 1 -
"Definitions," Part 2 - "Administration," and Part 3 - "General
Regulations".
7.4
Use Regulations
.1
Table 7 - 1 "Residential Use Table" lists all uses that are "P",
Permitted, and "C", Conditional, in the Zones. All listed uses are
subject to the provisions of this By-law.
.2
After the adoption of this By-law, no land shall be used or occupied,
and no structure shall be erected, altered, used or occupied for any
use in any Residential Zone other than a use listed on Table 7 - 1,
"Residential Use Table", with the exception of uses lawfully
established prior to the effective date of this By-law.
7
Part 7 Residential Zones
70
Table 7 - 1
Residential Use Table (BL 4/2023)
Legend:
P = Permitted
C = Conditional
- = Use Not Permitted
Zones
Uses:
"RR"
"RMH"
Single Family Dwelling
P
-
Two Family Dwelling
-
-
Mobile Home
P
P
Mobile Home Park
-
P
Apiaries (BL 4/2023)
P
C
Bed & Breakfast Facility (See section 3.19) (BL 4/14)
C
-
Camping and Tent Grounds (BL 2/2024)
C
Childcare Services
P
P
Churches, Church Halls and Sunday Schools
C
C
Greenhouse, Plant and Tree Nursery (BL 8/07; BL 4/2023)
P
-
Identification Signs
P
P
Funeral Home
C
-
Galleries, Museums and Tea Rooms
C
-
Hobby farm (see section 5.9.1) (BL 4/2023)
C
-
Home Occupations (see section 3.18) (BL 4/14)
P
P
Kennels
C
-
Multiple Family Dwellings
-
-
Parks, playground, tot lots and similar uses including
buffer strips, public reserves, and public walkways
P
P
Planned Unit Development (see section 3.21) (BL 9/11)
C
-
Public utilities
P
P
Residential Care Facilities
-
-
Sand and Gravel Pits, and Quarry Operations (see
section 5.12)
C
-
Schools (Nurseries and Kindergartens)
-
P
Secondary Suites within main or principal building (see section
3.10) (BL 2/17)
P
P
Secondary Suites, detached (see section 3.11) (BL 2/17)
C
C
Senior Citizen Homes
-
-
Temporary Additional Dwellings or Mobile Homes (see
section 5.13)
C
-
Travel Trailers/Recreational Vehicles on a site without a main
dwelling building as a temporary use (see section 3.33)
(BL 1/2021) (BL 6/23) (BL 22/2024)
C
C
Travel Trailers/Recreational Vehicles on a site with a main
dwelling building (see section 3.33) (BL 1/2021)
P
P
Travel Trailers/Recreational Vehicles during construction of the
main building (BL 1/2021)
C
C
Accessory uses, buildings and structures
P
P
7.5
Conditional Use
Any use listed as a "Conditional Use" in Table 7 - 1 shall comply with the
Part 7 Residential Zones
71
regulations as set forth in Part 2 - "Administration" and Part 3 - General
Regulations".
7.6
Accessory Uses
In the Residential Zones accessory uses, buildings, and structures shall be
limited to the following:
.1
a children's playhouse, garden supply storage house, private
greenhouse, private conservatory and private swimming pools, open
or enclosed;
.2
a private garage, carport, covered patio, toolhouse, shed and other
similar building;
.3
accessory off-street parking areas;
.4
signs, as permitted in this part; and
.5
home occupations
.6
Not more than one (1) accessory building shall be allowed on a lot where
there is no principal building (BL 4/14)
7.7
Bulk Regulations
.1
The Residential bulk regulations are listed in Table 7 - 2, Residential
Bulk Table.
Table 7 - 2
Residential Bulk Table
Permitted or
conditional
Uses
Zone
Requirements
Minimum
Maximum
Site
Area
(ac)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Coverage
(%)
"RR" Rural
Residential
Uses
"RR"
2 acres
200
401
25
25
30
-
Mobile Home
Park
"RMH"
(BL 4/14)
2 acres
200
30
20
25
30
40
Accessory
Buildings and
Structures
"RR"
"RMH"
-
-
125
30
25
5
25
5
15
15
15
1Along provincial roads the setback shall be 125 ft.
.2
Explanations and Exceptions to Residential Bulk Requirements in
Table 7 - 2 are as follows:
a) For single family and two family dwellings and mobile homes
without a public lane at the rear of the site, one side yard shall
Part 7 Residential Zones
72
be 12 feet, unless an attached garage is provided at the side of
the dwelling.
b) The side yard on the street side of a corner site shall be fifteen
(15) feet.
c) In the case of an accessory building located to the rear of the
main building the minimum side yard for the accessory building
shall be two (2) feet unless the site is a corner site in which
case the minimum side yard on the street shall be fifteen (15)
feet.
7.8
Number of Buildings Permitted Per Site (BL 4/14)
Not more than one (1) single-family dwelling, two-family dwelling, or
mobile home shall be permitted on one (1) site. More than one multiple
family dwelling units may be allowed on one site as part of a Planned Unit
Development. Multiple mobile homes may be allowed on one site as part
of a Mobile Home Park development.
7.9
Dwelling Unit - Minimum Size
.1
The minimum floor area of a single-family dwelling shall be seven
hundred (700) square feet.
7.10
Signs
.1
In the case of a single-family or two-family dwelling there shall be
not more than one (1) lighted or unlighted identification sign for
each dwelling unit, and each sign shall not exceed two (2) square
feet in area.
.2
There shall be not more than one (1) lighted or unlighted
identification sign not exceeding twelve (12) square feet in area for
each multiple-family building, or Senior Citizen's home.
.3
In the case of any other permitted or conditional use, there shall not
be more than one (1) lighted or unlighted identification sign or
bulletin board, not exceeding eighteen (18) square feet in area.
Part 8 Recreation, Parks, Open Space and Institutional Zones
73
Recreation, Parks, Open Space and
Institutional Zones
8.1
Intent And Purpose
The Recreation, Parks, Open Space and Institutional Zones established in
this By-law are intended to provide sufficient land for various types of
recreational, parks and open space, and institutional type development in
the municipality in keeping with the provisions of the Development Plan.
8.2
Zones
In order to carry out the intent and purpose of section 8.1 above, the
following zones are established:
"SR" Seasonal Recreation Zone provides for a broad range of seasonal
recreation and resort type developments.
"SR-C" Seasonal Recreation Cottage Zone is restricted to cottages.
"SR-M" Seasonal Recreation Mobile Home Zone is provides for the
seasonal use of mobile homes placed on sites within a plan of
subdivision registered in the Land Titles Office.
"PR" Parks and Recreation and Open Space Zone provides primarily for
public recreational and open space uses.
"I" Institutional Zone provides primarily for public institutional uses.
8.3
General Requirements
The requirements applying to all Recreation, Parks and Open Space
Zones are contained within this part. Also applying to this zone are the
provisions of Part 1 - "Definitions", Part 2 - "Administration", and Part 3
"General Regulations".
8.4
Use Regulations
.1
Table 8 - 1, "Recreation, Parks, Open Space and Institutional Use
Table", lists all uses that are "P", Permitted, and "C", Conditional in
the Recreation, Parks and Open Space Zones. All listed uses are
subject to the provisions of this By-law.
.2
After the adoption of this By-law, no land shall be used or occupied,
and no structure shall be erected, altered, used or occupied for any
use in any Recreation, Parks, Open Space and Institutional Zones,
other than a use listed in Table 8 - 1, with the exception of uses
lawfully established prior to the effective date of this By-law.
8
Part 8 Recreation, Parks, Open Space and Institutional Zones
74
Table 8 - 1
Recreation, Parks, Open Space and Institutional Use Table
Legend:
P = Permitted
C = Conditional
- = Use Not Permitted
Zone
Uses:
"SR" "SR-C" "SR-M" "PR"
"I"
Apiaries (BL 4/2023)
C
C
C
-
Arenas and stadiums
-
-
-
P
-
Athletic fields
-
-
-
P
P
Bed & Breakfast Facility (see section 3.19) (BL 8/07)
(BL 4/14)
C
C
Camping and tenting grounds
C
-
C
P
-
Cemeteries
-
-
-
P
P
Childcare services
C
-
-
P
P
Churches
-
-
-
-
P
Commercial resort
C
-
C
-
-
Community centres, halls, clubs and
auditorium
-
-
-
P
P
Concessions and marinas
C
-
C
P
-
Cottage dwelling and single family dwellings *
(BL 4/2023)
P
P
P
-
-
Mobile homes
P
-
P
-
-
Exhibition and fair grounds
-
-
-
P
P
Galleries and Museums
C
C
-
P
P
Golf courses
C
-
-
P
-
Grocery stores
C
-
C
-
-
Guest Houses
C
C
-
-
-
Home Occupations (see section 3.18) (BL 8/07)
(BL 4/14)
P
P
Identification and business signs
P
-
P
P
P
Park models (see section 3.33.6) (BL 1/2021)
P
Parks, playgrounds, tot lots, and similar uses,
including buffer strips, public reserves and
public walkways
P
P
P
P
P
Planned Unit Development (see section 3.21)
(BL 4/14)
C
-
C
-
-
Public camps
P
-
P
P
P
Public parking areas
P
-
P
P
P
Public schools
-
-
-
P
P
Public utilities
P
P
P
P
P
Recreation centres
P
-
P
P
-
Residential Care Facilities
-
-
-
-
P
Restaurants, coffee shops, refreshment stands
and the like
C
-
C
-
-
Senior Citizen Homes
-
-
-
-
P
Part 8 Recreation, Parks, Open Space and Institutional Zones
75
Legend:
P = Permitted
C = Conditional
- = Use Not Permitted
Zone
Uses:
"SR" "SR-C" "SR-M" "PR"
"I"
Travel Trailers/Recreational Vehicles on a site without a
main dwelling building as a temporary use (see section
3.33) (BL 1/2021) (BL 6/23) (BL 22/2024)
C
C
C
C
-
Travel Trailers/Recreational Vehicles on a site with a
main dwelling building (see section 3.33) (BL 1/2021)
P
P
P
P
P
Travel Trailers/Recreational Vehicles during construction
of the main building (BL 1/2021)
C
C
C
C
C
Accessory uses, buildings and structures
P
P
P
P
P
* The minimum floor area of a cottage and or single-family dwelling unit shall be
six hundred (600) square feet of livable floor space.
8.5
Conditional Use
Any use listed as a "Conditional Use" in Table 8 1, shall comply with the
regulations as set forth in Part 2 - "Administration" and Part 3 - General
Regulations".
8.6
Accessory Uses, Buildings And Structures
In the any of the Recreation, Parks and Open Space Zones accessory
uses, buildings or structures shall be limited to the following:
.1
a children's playhouse, garden house, private greenhouse, guest
house, private conservatory and private swimming pools, open or
enclosed;
.2
a private garage, carport, covered patio, toolhouse, shed,
boathouse or other similar building with a maximum wall height of
10 feet. Shipping/cargo containers shall not be allowed as accessory
buildings; (BL 4/14)
.3
incinerators subject to the approval of the authority having
jurisdiction;
.4
accessory off-street parking areas; and
.5
signs as permitted in this part.
.6
any addition to a mobile home located in an area zoned "SR-M"
Seasonal Resort-Mobile Home Zone, shall not exceed 12 ft. by 16 ft.
in outside dimensions.
.7
Within cottage developments, no accessory building or structure
shall be allowed to be constructed prior to the main building being
either a cottage, single family dwelling, and or mobile home being
established.
Part 8 Recreation, Parks, Open Space and Institutional Zones
76
.8
Not more than one (1) accessory building shall be allowed on a lot where
there is no principal building. (BL 4/14)
8.7
Bulk Regulations
The Recreation, Parks and Open Space Zones bulk regulations are listed
in Table 8 - 2, Recreation, Parks, Open space and Institutional Bulk
Table.
Part 8 Recreation, Parks, Open Space and Institutional Zones
77
Table 8 - 2 (BL 11/2021) (BL 22/2024)
Recreation, Parks, Open space and Institutional Bulk Table.
Permitted or
conditional
uses
Zone
Requirements
Minimum
Maximum
Site
Area
(sq ft)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Coverage
(%)
Cottage
dwellings and
mobile homes
"SR"
"SR-C"
15,000
75
30
101
25
30
40
Mobile Homes
"SR-M"
5,000
50
15
5
10
30
40
Camping and
Tenting
Grounds,
Public Camps,
Commercial
Resorts
"SR"
2 acres
200
30
20
25
30
40
Other "SR"
and "PR" Uses
"SR"
"PR"
20,000
100
30
15
25
30
40
Institutional
Uses
"I"
20,000
100
30
15
25
30
60
Accessory
Buildings and
Structures
(BL 22/2024 text
amendment intent but
not clearly defined -
shown in red text)
"SR"
"SR-C"
"PR"
"I"
"SR-M"
-
-
-
-
20
Same as
principal
use
5
Same as
principal
use
10
Same as
principal
use
15
15
10
10
1For lots with a site-width less than 75 ft. created prior to the adoption of this By-
law, a 5 foot side yard shall be required.
8.8
Signs
The following signs shall be permitted in the Seasonal Resort Zones:
.1
In the case of a cottage dwelling there shall be not more than one
(1) lighted or unlighted identification sign for each dwelling, not
exceeding two (2) square feet in area.
.2
In the case of any other permitted or conditional uses there shall
not be more than one (1) unlighted or lighted business or
identification sign or bulletin board, not exceeding eighteen (18)
square feet in area.
8.9
Additional Requirements For Developments Along Lake Manitoba
And Other Significant Waterbodies
The following requirements shall be adhered to along Lake Manitoba:
Part 8 Recreation, Parks, Open Space and Institutional Zones
78
.1
All buildings and structures must be built to meet the 100 year flood
design requirements of the Province.
.2
Land owners shall not place any buildings or structures on public
reserve land.
.3
New multi-lot cottage subdivisions located along Lake Manitoba shall
be required to utilize holding tanks for on-site sewage disposal only.
.4
Land clearing, cultivation and development to the shore of any
natural waterbody shall be discouraged.
.5
Along spawning streams, creeks and lakes a buffer strip of natural
vegetation 30 meters wide from the ordinary high water mark shall
be encouraged in order to prevent erosion, siltation and excess
runoff.
.6
Any work in or near water that has the potential to harmfully alter,
disrupt or destroy fish habitat (including riparian areas) or deposit
deleterious substances (including sediment) into any fish bearing
water must be reviewed by Manitoba Water Stewardship and
possible authorization by Fisheries and Oceans,
.7
New or expanded manure storage facilities, septic fields, and
municipal wastewater lagoons will be discouraged in areas
designated as Class 6, Class 7, Unimproved Organic Soils and buffer
set backs from water.
8.10
Guest Houses
Guest houses are subject to a Conditional Use approval and shall comply
with the following:
.1
These units shall comply with all site requirements applicable to the
zone.
.2
These units shall have a maximum building area of 400 square feet.
.3
These units shall only provide secondary and incidental
accommodation for family members and guests of the occupants of
the main dwelling.
.4
These units are not intended for exclusive occupancy by a family
living independent from the main dwelling.
.5
These units are not to be rented separately from the main dwelling.
.6
These units are not allowed to contain cooking facilities.
Part 8 Recreation, Parks, Open Space and Institutional Zones
79
.7
These units are not allowed to be serviced by utilities independent
of the main dwelling.
.8
Council may impose additional conditions on the installation or
utilization of a guest cottage building deemed necessary to protect
adjoining properties, and the public's welfare.
8.11
Additional Requirements for Seasonal Campground Sites
The following requirements shall be adhered to for Seasonal Campground
Sites:
.1
Not more than one recreational vehicle or travel trailer shall be
permitted per individual campground site;
.2
No permanent buildings, cottages or structures shall be built on
individual seasonal campground sites, with exception of the main
campground office building and associated accessory buildings.
.3
Accessory buildings or structures may be permitted per individual
campground site under the following conditions:
a) The individual has an annual seasonal campground permit and
obtains an annual permit to have the accessory building or
structure located on site (permit to be renewed each year);
b) That the accessory building meets the setback requirements
under Table 8-2 for Accessory Buildings and Structures;
c) That the building or structure is temporary and shall be
removed upon the request of the municipality;
d) Not more than one accessory building shall be permitted (e.g.
storage shed, gazebo) and shall not exceed 120 square feet in
size unless written approval is obtained from the campground
owner and the RM of St. Laurent and a building permit is
obtained. (BL 07-/11)
e) In addition to one accessory building, decks when adjacent to a
licensed recreational vehicle or travel trailer are permitted
provided all setback requirements are met as per Table 8 - 2
accessory Buildings and Structures. A development permit is
required for decks.
f)
Buses, mobile homes and un-licensed travel trailers or motor
homes shall not be permitted as accessory buildings or
structures.
Part 9. Commercial Zones
80
Commercial Zones
9.1
Intent And Purpose
The Commercial Zones established in this By-law are intended to provide
sufficient land in suitable locations to meet the needs of highway
commercial development in the area in keeping with the provisions of the
Development Plan.
9.2
Zones
In order to carry out the intent and purpose of section 1 above, the "CH"
Commercial Highway Zone is established, which provides for appropriate
land for those businesses requiring large sites, and/or serving the
motoring public and requiring direct access to a highway.
9.3
General Requirements
The requirements applying to all Commercial Highway Zones are
contained within this part. Also applying to these zones are the provisions
of Part 1 - "Definitions", Part 2 - "Administration", and Part 3 - "General
Regulations".
9.4
Use Regulations
.1
Table 9 -1, "Commercial Use Table", lists all uses that are "P",
Permitted, and "C", Conditional, in the Commercial Highway Zones.
All listed uses are subject to the provisions of this By-law.
.2
After the adoption of this By-law, no land shall be used or occupied,
and no structure shall be erected, altered, used or occupied for any
use in any Commercial Zone other than a use listed on Table 9 ,
"Commercial Use Table", with the exceptions of uses lawfully
established prior to the effective date of this By-law.
9
Part 9. Commercial Zones
81
Table 9 - 1
Commercial Use Table
Legend:
P = Permitted
C = Conditional
- = Use Not Permitted
ZONE
Uses:
"CH"
Advertising signs and structures and billboards
P
Agencies for clothes cleaning, laundry or pressing
establishments
P
Agricultural fertilizer and chemical storage facilities
excluding anhydrous ammonia
P
Agricultural implement sales and services
P
Anhydrous ammonia facilities (see section 3.23)
C
Amusement enterprises, including bowling alleys and
theatres if completely within an enclosed building
P
Appliance and appliance repairs shops
P
Automobile, mobile home, travel trailer, snowmobile
and boat sales areas
P
Automotive Service Stations
P
Automotive trade and repair shops, including body
shops
P
Automobile laundry or car wash
P
Banks or financial institutions
P
Bakeries and baked goods shops
P
Beverage rooms and lounges
C
Book store and stationery
P
Barber shops and beauty parlors
P
Bulk fuel stations
C
Business signs and identification signs
P
Camping and tenting grounds
C
Childcare Services
P
Churches and church halls
P
Clinics, medical and dental
P
Confectionery stores
P
Dairies and Creameries
P
Department stores
P
Drug stores
P
Dry goods or notion stores
P
Drive in establishments
P
Dwelling units when within the second story or the
rear one-half of the first story of a commercial
building
P
Part 9. Commercial Zones
82
Table 9 - 1
Commercial Use Table (Continued)
Legend:
P = Permitted
C = Conditional
- = Use Not Permitted
ZONE
Uses:
"CH"
Drive-In theatre
P
Feed mills
C
Florist
P
Frozen food lockers
P
Funeral homes
C
Furniture stores
P
Gift Shops
P
Grocery, fruit or vegetable stores
P
Government offices and administrative buildings
P
Hardware and electrical appliance stores
P
Hotels and motels
P
Lumber yards and building materials establishments
P
Laundromats
P
Libraries
P
Manufacturing, Assembly and Sales (BL 8/07)
C
Meat market or delicatessen stores
P
Multiple Family Dwellings
P
Offices, business or professional
P
Personal service shops
P
Planned Unit Development (See section 3.21) (BL 4/14)
-
Plumbing and sheet metal shops
P
Public building and utilities
P
Public Parks
P
Restaurants, coffee shops or cafes
P
Radio and T.V. repair shops
P
Shoe stores or shoe repair shops
P
Tailor, clothing or wearing apparel shops
P
Transportation - bus terminal
P
Travel trailers/Recreational Vehicles during construction of the
main building (BL 6/23)
C
Truck terminals
P
Upholstery shops
P
Veterinary clinics
P
Accessory uses, buildings and structures
P
9.5
Conditional Use
Any use listed as a "Conditional Use" in Table 9 - 1 shall comply with the
Part 9. Commercial Zones
83
regulations contained in Part 2 - "Administration" and Part 3 - General
Regulations".
9.6
Accessory Uses
In the Commercial Zones accessory uses, buildings and structures shall
be limited to the following:
.1
A garage, shed, or building, for storage incidental to a permitted
use or conditional use.
.2
Incinerators, subject to the approval of the authority having
jurisdiction, which shall be incidental to the permitted use or
conditional use.
.3
The production, processing, cleaning, servicing, altering, testing,
repair, or storage of merchandise normally incidental to a business
or personal service, or mercantile occupancies if conducted by the
same owner as the principal use.
.4
Accessory off-street parking and loading areas.
.5
Signs as permitted and regulated in this part.
.6
A dwelling unit for the caretaker or owner whose presence on the
site, in the opinion of Council, is necessary.
9.7
Bulk Regulations
.1
The Commercial bulk regulations are listed in Table 9 - 2,
"Commercial Bulk Table."
Table 9 - 2
Commercial Bulk Table
Permitted or
conditional
uses
Zone
Requirements
Minimum
Maximum
Site
Area
(acre /
sq. ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Coverage
(%)
"CH"
Commercial
Highway Zone
Uses
"CH"
40,000
150
45
15
25
30
60
Accessory
Buildings and
Structures
"CH"
-
-
Same as principal use
15
15
Part 9. Commercial Zones
84
.2
Explanations and exceptions to the Bulk requirement Table 9 - 2 are
as follows:
a) buildings, structures and hedges adjacent to provincial roads,
major highways and their centres of intersection shall have a
setback in accordance with the Highway Protection Act and the
Highway Department Act or as amended, and
b) where a dwelling unit is contained within a commercial building,
both required side yards shall not be less than five (5) feet and
the rear yard not less than twenty-five (25) feet.
9.8
Special Yards Along Zone Boundaries
Notwithstanding other requirements listed in this By-law, where a site
within a Commercial Zone abuts a Residential Zone, the following
regulations shall apply:
.1
The minimum side yard requirement for the abutting site in the
Commercial Zone shall be ten (10) feet.
.2
No open storage or outdoor display shall be permitted in an abutting
yard in the Commercial Zone except where a solid fence of six (6)
feet high is provided and maintained along the site line abutting the
Residential Zone boundary.
9.9
Signs
In the "CH" Commercial Highway Zone signs shall be permitted as
follows:
.1
One lighted or unlighted business or identification sign, the total
sign surface area not exceeding one hundred (100) square feet, for
any building or use permitted in this zone.
.2
Any identification or business sign permitted above may be free-
standing, or attached to the face or roof of a building or structure.
Part 10. Industrial Zones
85
Industrial Zones
10.1
Intent And Purpose
The Industrial Zone established in this By-law is intended to provide
sufficient land for industrial and related uses in suitable locations in the
area in keeping with the provisions of the Development Plan.
10.2
Zone
In order to carry out the intent and purpose of section 1 above, the "MG"
Industrial General Zone has been established.
10.3
General Requirements
The requirements applying to all Industrial Zones are contained within
this part. Also applying to these zones are the provisions of Part 1 -
"Definitions", Part 2 - "Administration", and Part 3 - "General
Regulations".
10.4
Use Regulations
.1
Table 10 - 1, "Industrial Use Table", lists all uses that are "P",
Permitted, and "C", Conditional in the Industrial Zones. All listed
uses are subject to the provisions of this By-law.
.2
After the adoption of this By-law, no land shall be used or occupied,
and no structure shall be erected, altered, used or occupied for any
use in any Industrial Zone other than a use listed in Table 10 -1,
"Industrial Use Table," with the exceptions of uses lawfully
established prior to the effective date of this By-law.
10
Part 10. Industrial Zones
86
TABLE 10 -1
INDUSTRIAL USE TABLE
Legend:
P = Permitted
C = Conditional
ZONE
Uses:
"MG"
Advertising signs and structures and billboards
P
Agricultural implement sales and service
P
Automobile laundry or car wash
P
Automobile service stations
P
Automobile, mobile home, travel trailer, and boat sales areas
P
Bakeries
P
Boat building shop
P
Bulk fuel and oil storage
C
Business signs and identification signs
P
Bus terminals
P
Contractors' establishments
P
Dairies and creameries
P
Drive-in establishments, excluding drive-in theatre
P
Dry cleaner and laundries
P
Dwelling unit for person whose full-time presence is necessary
P
Equipment depots, including building supply and farm machinery and
equipment and their storage
P
Feed mill
C
Fish, meat and poultry processing plants
P
Grain elevators, including warehouse and storage buildings
P
Lumber yards and building supply establishments
P
Plumbing and sheet metal shops
P
Public garages and parking areas
P
Public utilities
P
Rendering plants
C
Restaurants, coffee shops, and dining rooms
P
Retail stores in conjunction with another permitted or conditional use
P
Sales buildings
P
Service shops
P
Sign painting shops
P
Trucking terminals
P
Veterinary clinics
P
Warehouse storage facilities for fertilizers and dangerous goods
C
Wholesale business, warehouse or storage buildings
P
Wrecking establishments and junk yards
C
Accessory uses, buildings and structures
P
Part 10. Industrial Zones
87
10.5
Conditional Use
Any use listed as a "Conditional Use" in Table 10 - 1 shall comply with the
regulations as set forth in Part 2 - "Administration" and Part 3 - General
Regulations".
10.6
Accessory Uses
In the Industrial Zones accessory uses, buildings and structures shall be
limited to the following:
.1
A garage, shed, or building, for storage incidental to a permitted
use or conditional use.
.2
Incinerators subject to the authority having jurisdiction, and which
shall be incidental to the permitted use or conditional use.
.3
Storage of goods used in or produced by manufacturing activities on
the same zoning site with such activities unless such storage is
excluded by the zone regulations.
.4
The production, processing, cleaning, servicing, altering, testing,
repair or storage of merchandise normally incidental to a business
and personal service and mercantile occupancies if conducted by the
same ownership as the principal use.
.5
A dwelling unit or sleeping accommodation for a watchman or
caretaker and family, if essential and necessary in Council's opinion.
.6
A retail or commercial use which is incidental to a permitted or
conditional use.
.7
Accessory off-street parking or loading spaces.
.8
Signs as permitted and regulated in this part.
10.7
Bulk Regulations
.1
The Industrial bulk regulations are established in Table 10 - 2,
"Industrial Bulk Table".
Part 10. Industrial Zones
88
Table 10 -2
Industrial Bulk Table
Permitted or
conditional
uses
Zone
Requirements
Minimum
Maximum
Site
Area
(ac)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Coverage
(%)
"MG"
Industrial
General
Zone Uses
"MG"
40,000
sq. ft.
150
25
15
25
30
60
Accessory
Buildings and
Structures
"MG"
-
-
Same as principal use
15
.2
Explanations and exceptions to the Bulk requirements Table 10 - 2
are buildings, structures, and hedges adjacent to provincial roads,
major provincial highways and their centres of intersection, which
shall be setback in accordance with the Highway Protection Act and
the Highway Department Act, or as amended.
10.8
Special Yards Along Zone Boundaries
Notwithstanding any other requirements provided elsewhere in this By-
law, where a site within an Industrial Zone abuts a Residential Zone, the
following regulations shall apply:
.1
The minimum side yard requirement for the abutting site in the
Industrial Zone shall be twenty (20) feet.
.2
No open storage or outdoor display shall be permitted in an abutting
yard in the Industrial Zone, except where a solid fence of six (6)
feet high is provided and maintained along the site line abutting the
Residential Zone boundary.
10.9
Signs
The following signs shall be permitted in the Industrial Zone:
.13
One lighted or unlighted business or identification sign not
exceeding a total sign surface area of one hundred (100) square
feet, for any building or use permitted in this zone.
.14
Any identification or business sign permitted above may be free-
standing, or attached to the face or roof of a building or structure.
Part 11 Effective Date
89
Effective Date
This By-law shall come into full force on, from, and after the date on
which it received third reading by the Council.
DONE AND PASSED in Council duly assembled at the R.M. of St. Laurent,
Manitoba, this 14th day of October , 2005.
READ A FIRST TIME this 9th day of September , 2005.
READ A SECOND TIME this 14th day of October , 2005.
READ A THIRD TIME this 14th day of October , 2005.
11
Appendix "A" - Zoning Maps
90
Appendix "A" - Zoning Maps
map 1
BY-LAW
NO.
COMMENTS
1.
11/11
From "AR" to "SR"
2.
4/14
Replace "Residential Rural Zone" with "Rural Residential Zone"
map 2
BY-LAW
NO.
COMMENTS
1.
3/06
From "SR" to "SR-C"
2.
8/07
From "RR" & "SR" to "GD"
3.
8/07
From "RR" to "GD"
4.
4/14
Replace "Residential Rural Zone" with "Rural Residential Zone"