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SCHEDULE "A"
ATTACHED TO BY-LAW NO. 8-18
Rural Municipality of Stanley
Zoning By-law No. 8-18
October 2018
Prepared By:
Prepared For: Rural Municipality of Stanley
TABLE OF CONTENTS
PART A: ADMINISTRATION
SECTION 1:
INTRODUCTION ...................................................................................................................... 2
1.1
Title ............................................................................................................................................. 2
1.2
Purpose ...................................................................................................................................... 2
1.3
Severability ................................................................................................................................. 2
1.4
Contents of this By-law .............................................................................................................. 2
1.5
Other Legislation ........................................................................................................................ 2
SECTION 2:
ADMINISTRATION .................................................................................................................. 3
2.1
The Designated officer ............................................................................................................... 3
2.2
Development Permits ................................................................................................................ 3
2.3
Development Permit Applications ............................................................................................. 3
2.4
Development Not Requiring a Permit ........................................................................................ 4
2.5
Special Information Required for Sensitive Lands (Soil and Stability) ..................................... 5
2.6
Conditional Uses ........................................................................................................................ 6
2.7
Variances ................................................................................................................................... 7
2.8
Zoning By-law Amendments....................................................................................................... 7
2.9
Subdivisions ............................................................................................................................... 7
2.10
Development Agreements ......................................................................................................... 8
2.11
Non-Conforming Uses ................................................................................................................ 8
2.12
Fees ............................................................................................................................................ 9
2.13
Public Utilities and Services ...................................................................................................... 9
2.14
Enforcement ............................................................................................................................... 9
SECTION 3:
DEFINITIONS AND INTERPRETATION ........................................................................... 10
3.1
Rules of Construction .............................................................................................................. 10
3.2
Units of Measurement ............................................................................................................. 10
3.3
Zoning District Boundaries and Right-of-Way Boundaries ...................................................... 10
3.4
General Definitions .................................................................................................................. 11
3.5
Use Class Definitions ............................................................................................................... 19
PART B: ZONING DISTRICTS
SECTION 4:
ZONING DISTRICTS .............................................................................................................. 28
4.1
Zoning Districts ........................................................................................................................ 28
4.2
Districts Established ................................................................................................................ 28
4.3
District Specific Standards ...................................................................................................... 29
SECTION 5:
DISTRICT USE AND BULK STANDARDS ....................................................................... 31
5.1
Use and Site Requirements ..................................................................................................... 31
5.2
Use Table Symbols ................................................................................................................... 31
5.3
Use Table Organization ............................................................................................................ 31
5.4
Use Table Categories ............................................................................................................... 31
5.5
Interpretation of Uses and Regulations ................................................................................... 32
PART C: DEVELOPMENT STANDARDS
SECTION 6:
GENERAL DEVELOPMENT STANDARDS..................................................................... 34
6.1
Regulation of Uses ................................................................................................................... 34
6.2
Accessory Uses ........................................................................................................................ 34
6.3
Temporary Buildings and Uses ................................................................................................ 34
6.4
Noxious or Offensive Uses ....................................................................................................... 35
6.5
Moving of Structures ................................................................................................................ 35
6.6
Subdivision of Attached Dwellings ........................................................................................... 35
6.7
Frontage, Access, and Approaches ......................................................................................... 36
6.8
Flag Lots ................................................................................................................................... 37
6.9
Front Yard Alignment ............................................................................................................... 37
6.10
Protection of Right-of-Way Site Lines ...................................................................................... 38
6.11
Protection of Railway Right-of-Way Site Lines ......................................................................... 38
6.12
Fences and Screening ............................................................................................................. 38
6.13
Accessory Outdoor Storage Regulations ................................................................................. 39
6.14
Signs ......................................................................................................................................... 39
6.15
Site Grading and Levelling ....................................................................................................... 42
6.16
Landscaping and Buffering ...................................................................................................... 42
6.17
Parking Regulations ................................................................................................................. 43
6.18
Loading Regulations ................................................................................................................ 45
6.19
Projections into Required Yards .............................................................................................. 46
6.20
Water Supply ............................................................................................................................ 47
6.21
Waste Disposal ........................................................................................................................ 47
6.22
Development on Environmentally Sensitive Lands ................................................................. 47
6.23
Airport Vicinity Areas ................................................................................................................ 47
SECTION 7:
USE-SPECIFIC DEVELOPMENT STANDARDS ............................................................ 49
7.1
Planned Unit Developments .................................................................................................... 49
7.2
Communication Towers ........................................................................................................... 50
7.3
Manufactured Home Parks and Dwellings .............................................................................. 50
7.4
Secondary Suites ..................................................................................................................... 51
7.5
Home-Based Commerce .......................................................................................................... 51
7.6
Farm-Based Commerce ........................................................................................................... 52
7.7
Swimming Pools ....................................................................................................................... 53
7.8
Gas Stations and Automotive Service Stations ....................................................................... 54
7.9
Natural Resource Developments ............................................................................................. 54
7.10
Solid or Liquid Waste Disposal Facilities ................................................................................. 55
7.11
Solar Energy Generating Systems ........................................................................................... 56
7.12
Wind Energy Generating Systems ............................................................................................ 56
7.13
Waste Transfer Station ............................................................................................................ 57
7.14
Heavy Industrial Uses .............................................................................................................. 57
7.15
Anhydrous Ammonia Facilities ................................................................................................. 58
7.16
Keeping of Animals .................................................................................................................. 58
7.17
Animal Shelter, Pounds, Kennels, Veterinary Facilities .......................................................... 59
7.18
Livestock Operations ............................................................................................................... 59
7.19
Manure Storage and Disposal ................................................................................................. 60
7.20
Commercial Composting .......................................................................................................... 61
7.21
Greenhouses and Plant Nurseries ........................................................................................... 61
7.22
Metal Shipping Containers (Sea Cans) .................................................................................... 61
7.23
Development in the Vicinity of Morden and Winkler ............................................................... 61
PART D: ZONING MAPS
SECTION 8:
ZONING MAPS ....................................................................................................................... 64
Map 1 - Overview
Map 2 - City of Morden Area
Map 3 - City of Winkler Area
Map 4 - Stanley Corridor
Map 5 - Blumenfeld
Map 6 - Chortitz
Map 7 - Friedensfeld
Map 8 - Haskett
Map 9 - Hochfeld
Map 10 - Neuenberg
Map 11 - Osterwick
Map 12 - Reinfeld
Map 13 - Reinland
Map 14 - Rosebrook Place
Map 15 - Schanzenfeld
Map 16 - Thornhill
Map 17 - Friedensruh
APPENDIX 1 - USE TABLE
APPENDIX II - BULK TABLE
APPENDIX III - ANIMAL UNIT TABLE
APPENDIX IV - MINIMUM SEPARATION DISTANCES FOR LIVESTOCK OPERATIONS
APPENDIX V - MINIMUM SEPARATION DISTANCES TO DWELLINGS
RM of Stanley Zoning By-law No. 8-18
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PART A: ADMINISTRATION
Section 1: Introduction ............................................................................................. 2
Section 2: Administration ........................................................................................ 3
Section 3: Definitions ............................................................................................... 10
RM of Stanley Zoning By-law No. 8-18
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Section 1: Introduction
1.1
TITLE
1.1.1
This by-law shall be known as the Rural Municipality (RM) of Stanley Zoning By-law (By-law).
1.2
PURPOSE
1.2.1
The regulations established by this By-law are deemed necessary in order to:
a. Ensure general conformance with the objectives and policies of the MSTW Planning District
Development Plan (Development Plan) and any Secondary Plan.
b. Outline the powers and duties of RM of Stanley Council (Council), the MSTW Planning District
Planning Board (Board), the Designated Officer and the landowner and/or developer as they
relate to this By-law.
c.
Regulate the following:
(i)
all buildings and structures erected hereafter;
(ii)
all uses or changes in use of all buildings, structures and land established hereafter;
(iii)
all structural alterations or relocations of existing buildings and structures occurring
hereafter; and
(iv)
all enlargements or additions to existing buildings, structures and uses.
1.3
SEVERABILITY
1.3.1
If any part of this By-law, including anything shown on the Zoning District Maps, is declared to be
invalid for any reason by an authority of competent jurisdiction, that decision shall not affect the
validity of the By-law as a whole, or any other part, section or provision of this By-law.
1.4
CONTENTS OF THIS BY-LAW
1.4.1
The By-law is made up of four parts:
a. Part A is the Administrative part of the By-law and explains how to use the By-law. This part also
provides a list of definitions to assist with interpretation of the By-law.
b. Part B describes the Development Standards. The first subsection includes General Standards
that apply to ALL development in the Municipality. The second subsection lists Specific
Standards for the different kinds of development in Stanley.
c.
Part C defines the Zoning Districts and the specific regulations for each of the Zoning Districts
within the Municipality.
d. Part D illustrates on maps how the land is divided in the RM of Stanley.
1.5
OTHER LEGISLATION
1.5.1
Whenever a provision of another by-law, law or regulation of the provincial or federal government
contains a restriction governing the same subject matter contained in this By-law, or imposes
inconsistent regulations with respect to uses, buildings, or structures, the most restrictive or highest
standard shall prevail.
RM of Stanley Zoning By-law No. 8-18
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Section 2:
Administration
2.1
THE DESIGNATED OFFICER
2.1.1
The Designated Officer shall be appointed by Council as the person responsible for the
administration of this By-law.
2.1.2
The Designated Officer shall be responsible for issuing permits, providing notice of decisions, issuing
zoning memoranda, and decision-making power for minor variance in accordance with the provisions
of The Act.
2.2
DEVELOPMENT PERMITS
2.2.1
Every person shall apply for a Development Permit before commencing any development within the
Municipality, except those uses listed in Subsection 2.4.
2.2.2
Council may require the applicant apply for a Development Permit for the demolition of a dwelling or
water well to fill, grade, fence or follow other special conditions imposed for public and
environmental safety.
2.2.3
All permits shall expire one year from the date of issuance. If requested by the applicant prior to the
date of expiry, the Designated Officer may extend the date of expiry by no more than one additional
year from the original date of issuance.
2.3
DEVELOPMENT PERMIT APPLICATIONS
2.3.1
An application shall not be considered to have been received until the applicant has submitted all
information required pursuant to this By-law, to the satisfaction of the Designated Officer, and paid
the appropriate fee.
2.3.2
The Designated Officer may require an applicant to submit such additional information considered
necessary to verify the compliance of the proposed use or development with the regulations of this
By-law.
2.3.3
The following information may be required to be submitted with an application for a Development
Permit, and the appropriate application form fully and accurately completed to the satisfaction of the
Designated Officer:
a. A written statement and other supportive material explaining the proposed development;
b. The municipal address of land and buildings presently occupying the site, if any;
c.
A Status of Title;
d. A legal description of the land on which the proposed development is to occur, by lot, block,
subdivision and registered plan numbers;
e. The applicant's name, address and interest in the land and if the applicant is not the landowner,
a letter from the landowner authorizing the applicant to apply for a Development Permit;
f.
Description of the work to be performed with respect to:
(i)
changes in current occupancy of land use; and
(ii)
description of proposed development or building operations;
g. Identification of the scale of the development with respect to:
(i)
gross floor area of the development in square metres (m²);
(ii)
area of the site covered in m²;
RM of Stanley Zoning By-law No. 8-18
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(iii)
the number of dwellings or commercial/industrial establishments, or other purposes;
(iv)
the number of parking and loading spaces required and/or provided;
(v)
height of the structure in metres (m.); and
(vi)
number of floors or storeys.
h. The estimated value, in dollars, of the proposed work;
i.
A site plan, at a minimum scale of 1:500, showing the following:
(i)
a directional true north arrow with the north point located in such a manner that the true
north is in the upper position of the drawings;
(ii)
setbacks and yard dimensions;
(iii)
the location of all buildings or structures in relation to property lines;
(iv)
dimensioned layout of existing and proposed parking areas, driveways, entrances and
exits, abutting public roadways, median breaks and auxiliary lanes;
(v)
the location of sidewalks and walkways, where applicable, parking, loading, storage,
outdoor service and display areas; and
(vi)
the location of fences, screening, retaining walls, trees, landscaping, and other physical
features both existing and proposed in the site and adjoining boulevard, if any.
j.
Floor plans at minimum scale of 1:100, indicating all uses or occupancies, storage and garbage
holding areas;
k. Elevation drawings, including sections and the bulk of buildings, at a minimum scale of 1:100;
l.
A building location certificate in order to confirm separations distances and setback
requirements;
m. A description of the proposed water supply and wastewater management systems; and
n. A description of the proposed site access plans, drainage and flood prevention plans.
2.3.4
A Development Permit for a conditional use shall include a plan showing the location of adjacent
buildings and structures indicating the approximate height and number of storeys.
2.3.5
Unless exempted by Subsection 2.4 below, all development for a temporary use shall require a
Development Permit and the following information:
a. Applicants shall state the temporary nature of the use in a Letter of Intent submitted with their
Development Application; and
b. The Designated Officer and/or Council shall determine the time limits necessary to confirm the
temporary nature of the proposed use as well as any conditions required to satisfy the
requirements of this and other by-laws.
2.4
DEVELOPMENT NOT REQUIRING A PERMIT
2.4.1
A Development Permit is not required for the following developments provided that the proposed
development complies with all applicable regulations of this By-law:
a. Altering, maintaining or repairing any building or structure, provided that the work does not
include structural alterations or does not result in an increase in the number of dwelling units;
b. Installation of private driveways, roads, utilities, and private wells;
c.
The maintenance and repair of public works, services or utilities carried out by or on behalf of
federal, provincial or municipal authorities;
d. Railways, pipelines, irrigation ditches, conduit flumes and utility lines not integral to an approved
development except where the line will cross or lie within the limits of a public road;
RM of Stanley Zoning By-law No. 8-18
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e. Temporary use of a building for election or census purposes;
f.
Construction or maintenance of gates, fences, walls or other means of enclosure less than 1.0
m. (4 feet (ft.)) in height in front yards and less than 2.0 m. (6 ft.) in height in the side and rear
yards, except where corner lot restrictions apply;
g. The temporary installation or use of machinery, structures or buildings such as a construction
trailer, the sole purpose of which is incidental to the erection of a building for which a
Development Permit has been granted, provided the temporary building is removed within 30
days of substantial completion or as determined by the Designated Officer;
h. Demolition of a building or structure where a Development Permit has been issued for a new
development on the same site, and the demolition of the existing building or structure is implicit
in that permit;
i.
Construction or installation of an Accessory Building that:
(i)
does not exceed 10 m² (107 square feet (ft²)) in area;
(ii)
that does not exceed 4.5 m. (15 ft.) or one storey in height; and
(iii)
is not deemed a hazard or detriment to the municipality.
j.
Landscaping where the where the existing grade and natural surface drainage pattern is not
materially altered;
k. Stripping, site grading or excavation that is part of a development for which a Development
Permit has been issued;
l.
Placement of any portable structures, machinery or other objects on private property including
temporary concrete or asphalt batch plants:
(i)
outside an area measured 30 m. (100 ft.) from the centre line of any road allowance; or
(ii)
outside an area measured 90 m. (300 ft.) in any direction from the intersection of two or
more road allowances.
m. Ground level (less than .61 m. (2 ft.) in height) deck, patio, ramps, outdoor ice rink, or similar
located in a rear or side yard in any District; and
n. Certain incidental signs as described in Subsection 6.14.
2.5
SPECIAL INFORMATION REQUIRED FOR SENSITIVE LANDS (SOIL
AND STABILITY)
2.5.1
When an application for a Development Permit is submitted to the Designated Officer for the
development of a site abutting a water course or Municipal drain, the Designated Officer may
require, in consultation with a Certified Professional Engineer licenced to practice in Manitoba,
information regarding the existing and proposed grades at 0.50 m. (1.64 ft.) contour intervals. The
final grades shall be to the satisfaction of the Designated Officer and in accordance with a RM of
Stanley Lot Grade By-law, as amended.
2.5.2
Despite anything contained herein, the Designated Officer may require a detailed engineering study
of the soil conditions prepared by a Certified Professional Engineer licenced to practice in Manitoba
prior to the issuance of a Development Permit or the construction of any development abutting a
water course or municipal drain.
2.5.3
The Designated Officer may require the submission of a detailed engineering study to satisfy
requirements of this By-law prior to the issuance of a Development Permit at any location within the
Municipality that in the opinion of the Designated Officer has unstable soil conditions.
2.5.4
The Designated Officer, having required a detailed engineering study of the soil conditions may,
acting on the advice of the Certified Professional Engineer of Manitoba, apply conditions to the
RM of Stanley Zoning By-law No. 8-18
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approval of the Development Permit to prevent erosion, stabilize soil conditions and ensure proper
land drainage.
2.5.5
Environmentally sensitive lands may include land near a landfill, sewage lagoon, railway line, major
transmission pipelines or power lines, public wells, river or stream flood plains, heritage sites,
unstable slopes, surface water bodies, or any other natural or human-made features that may
potentially influence the establishment of new development in close proximity.
2.5.6
Council may require the applicant to submit topographic or other information to aid in the evaluation
of development applications where a proposed development or any required access driveway is
located within a potentially environmentally sensitive area, as determined by the Designated Officer.
2.5.7
Where the studies required under the authority of this subsection show that a proposed new use and
any required access driveway are suitable to be allowed within an environmentally sensitive area,
Council, or their Designated Officer, may either:
a. Approve the permit for the proposed use and access; or
b. Attach special conditions to the permit for that use or access.
2.5.8
Where the studies required under the authority of this subsection, show that a proposed new use
and any required access driveway are not suitable to be allowed within an environmentally sensitive
area, Council, or their Designated Officer, shall refuse the permit. Council shall also refuse a permit
for any development for which, in Council's opinion:
a. Any proposed remedial actions are inadequate to address the possible adverse effects of the
proposed new use and access; or
b. May result in excessive costs for the municipality, or land use conflict with surrounding
landowners.
2.6
CONDITIONAL USES
2.6.1
The following criteria must be considered in the review of conditional use applications:
a. The proposal must be in conformance with all relevant sections of the Development Plan, any
Secondary Plan and this By-law;
b. The proposed development must be compatible with the general nature of the surrounding area;
c.
The proposal must be capable of being economically serviced including roadways, water and
sewer services, and other supportive utilities and community facilities;
d. The proposal must not be detrimental to the health, safety, convenience or general welfare of
persons residing or working in the vicinity or injurious to property, improvements or potential
development in the vicinity, and
e. The proposed use does not create a substantial adverse effect on the amenities, use, safety,
and convenience of the adjoining property and adjacent area, including an area separated from
the property by a street or waterway.
2.6.2
The approval of a conditional use by Council in accordance with the provisions of The Act shall expire
and cease to have any effect if it is not acted upon within one year of the date of the decision.
Council may extend this deadline for an additional period of one year if an application is received
before the initial deadline.
2.6.3
Where an existing use listed as permitted or conditional under a previous zoning by-law, and
amendments thereto, is listed as conditional under this By-law, it shall be considered a legally
existing conditional use and be subject to all applicable regulations of this By-law and any applicable
provisions of The Act.
RM of Stanley Zoning By-law No. 8-18
7
2.6.4
In addition to the notice provisions in The Act, prior to any hearing of an application for a conditional
use permit to establish or expand a dwelling unit not within a designated residential area and within
3000 m (1.86 miles) of a livestock operation, each livestock operation shall be sent notice of the
hearing by regular mail.
2.7
VARIANCES
2.7.1
Subject to Sections 94 and 102 of The Act, Council may vary the requirements of this By-law if the
variance:
a. Will be compatible with the general nature of the surrounding area;
b. Will not be detrimental to the health or general welfare of people living or working in the
surrounding area, or negatively affect other properties or potential development in the
surrounding area;
c.
Is the minimum modification of this By-law required to relieve the injurious affect of this By-law
on the applicant's property; and
d. Is generally consistent with the applicable provisions of the Development Plan, this By-law, and
any applicable Secondary Plan.
2.7.2
The Designated Officer may approve the following minor variances if deemed necessary to
accommodate development:
a. Any height, distance, area, size or intensity of use requirement in this By-law by no more than
15%; and
b. The number of parking spaces required by this By-law by no more than 15%.
2.7.3
Agricultural parcels that are below the stated 80 acres and are above 50 acres prior to subdivision,
can be reduced by up to 15% of the original area upon approval by the Designated Officer without
the need to obtain a variance, where being subdivided pursuant to MSTW Development Plan Policy
8.3.6.
2.8
ZONING BY-LAW AMENDMENTS
2.8.1
Subject to the procedures outlines in The Act, an amendment to this By-law may be initiated by
resolution of Council, or by application to the Designated Officer by the owner of a subject site, or by
another party, acting on behalf of the owner, with written consent of the owner.
2.8.2
An application for an amendment shall be accompanied by:
a. The applicants name, signature, address, interest in the property, and reason for applying;
b. A signed statement by the applicant acknowledging all costs incurred by the RM of Stanley in
processing the proposed amendment, whether adopted or not, shall be the responsibility of the
applicant;
c.
The appropriate fee; and
d. A Status of Title may be required which has been issued no later than 30 days prior to the
receipt of the amendment application by the Designated Officer.
2.9
SUBDIVISIONS
2.9.1
Subject to Subsections 2.9.2 and 2.9.3 of this By-law, no parcel of land shall hereafter be divided
into sites unless each site conforms to the regulations of the Zoning District in which the site is
located.
2.9.2
Council may, as provided for in The Act, vary the regulations as they apply to an individual site,
RM of Stanley Zoning By-law No. 8-18
8
subject to complying with the objectives and policies of the Development Plan, any Secondary Plan
or other Council policies;
2.9.3
An existing undersized lot may be increased in area and/or frontage and still remain an existing
undersized lot, provided all other relevant requirements are maintained.
2.10
DEVELOPMENT AGREEMENTS
2.10.1
As a condition of amending this By-law, subdividing land, making a variance, or approving a
conditional use, Council may require the applicant to enter into a development agreement in respect
of the affected property and any contiguous land owned or leased by the owner dealing with one or
more of the following matters:
a. The use of the land and any existing or proposed buildings;
b. The timing of construction of any proposed building;
c.
The siting and design, including exterior materials, or any proposed building or structure;
d. The provision of affordable housing in accordance with the provisions of Section 150.1 of The
Act;
e. Parking;
f.
Landscaping;
g. The construction or maintenance of services and utilities including, but not limited to, sewer and
water, waste removal, drainage, public right-of-ways, lighting, pedestrian and active
transportation, and access to existing services;
h. Payment in lieu of any requirements listed in clause (g); and/or
i.
The dedication of land or payment in lieu thereof in accordance with Section 135.6 of The Act.
2.11
NON-CONFORMING USES
2.11.1
No use that lawfully exists on the effective date of this By-law is non-conforming solely because,
a. When it was established, no conditional use approval was required and, under this By-law, a
conditional use approval is now required;
b. It exists with less than the accessory on-site parking or loading spaces required by this By-law; or
c.
It exists with a non-conforming accessory sign.
2.11.2
The intent of this section is to permit a non-conformity to continue until it is removed but not to
encourage its survival. Any expansion, addition, relocation or reconstruction of a non-conforming use
of a non-conforming building or structure shall conform to the site requirements and parking and
loading requirements of the zoning district in which it is located unless varied by a variance order.
2.11.3
Subject to approval and issuance of a Development Permit, repairs or incidental alterations to a
building or structure occupied by a non-conforming use may be made as follows:
a. To the exterior of the building; and
b. To those portions of the interior of the building occupied by the non-conforming use, or in
connection with an expansion of the non-conforming use.
2.11.4
Repairs or incidental alterations may be made to a non-conforming building or structure subject to
approval and issuance of a Development Permit, where necessary.
2.11.5
The right to maintain a non-conforming building or structure shall terminate when the structure is
damaged, in any manner whatsoever, to the extent that the cost of repairing such damage exceeds
50% of the structure's assessed value on the last revised assessment roll.
RM of Stanley Zoning By-law No. 8-18
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2.11.6
If a non-conforming building or structure is damaged and repair costs are less than 50% of the value
of an equivalent new building or structure, repairs may occur if:
a. The repairs do not introduce new non-conforming uses;
b. A building permit is obtained within 180 days of the date of damage; and
c.
The repair has begun within one year and is diligently pursued to completion.
2.11.7
A use that is accessory to a principal non-conforming use may continue as long as the principal non-
conforming use exists.
2.11.8
A non-conforming sign shall be subject to all the provisions of this By-law 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;
and
b. A non-conforming sign may be structurally altered, reconstructed, or replaced in the same
location and position provided that such structural alteration, reconstruction, or replacement
does not result in:
(i)
The creation of a new non-conformity or an increase in the degree of non-conformity;
(ii)
An increase in the sign surface area; or
(iii)
An increase in the degree of illumination.
2.11.9
No existing site shall be deemed to be non-conforming to the By-law regulations despite its
dimensions or area failing to meet the standards prescribed for proposed sites in the Zoning District
in which it is located. Development proposed on such sites shall still be required to conform to all
relevant By-law use provisions, setbacks, and building standards.
2.11.10 A non-conforming use of a structure, or portion thereof, which is, or hereafter becomes, abandoned,
vacant or unoccupied, and remains so for twelve consecutive months, must not be used after that
time except in conformity with this By-law.
2.12
FEES
2.12.1
An applicant for a Development Permit shall pay an application fee in accordance with the fee
schedule established by annual review and separate by-law or policy of Council. Separate fees may
be charged for each type of development application (Permitted Use, Conditional Use, Zoning
amendment, Development Plan amendment, etc.) These fees may be in addition to any fee required
to cover the costs of advertising and notifications.
2.13
PUBLIC UTILITIES AND SERVICES
2.13.1
Nothing in this By-law shall be so interpreted as to interfere with the construction, maintenance and
operation of the facilities of any Public Utility Service or Protective and Emergency Service, as
defined in this By-law.
2.14
ENFORCEMENT
2.14.1
The enforcement of this By-law, or any Resolution or Order enacted by the Council under The Act
or any Regulation made thereunder, shall be in accordance with The Act.
2.14.2
Any person who violates this By-law is guilty of an offence and liable, on summary conviction, to the
penalties set forth in The Act.
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Section 3:
Definitions and Interpretation
3.1
RULES OF CONSTRUCTION
3.1.1
The following rules apply to the text of this By-law:
a. Words, phrases, and terms defined in this By-law shall be given their defined meaning;
b. Words, phrases and terms not defined herein, but defined in The Act, shall be construed as
defined in such legislation;
c.
All other words, phrases, and terms not herein defined shall be given their usual and customary
meaning except where the context clearly indicates a different meaning;
d. the word "includes" shall not limit a term to the specific examples provided, but is intended to
extend the meaning to all instances or circumstances of like kind or character.
e. The phrase "used for" includes "arranged for", "designed for", "maintained for", or "occupied
for";
f.
Unless the context clearly indicates the contrary, where a regulation involves two or more items,
conditions, provisions, or events connect by the conjunction "and", "or", or "either-or", the
conjunction shall be interpreted as follows:
(i)
"and" indicates that all the connected items, conditions, provisions, or events shall apply
in any combination;
(ii)
"or" indicates that the connected items, conditions, provisions, or events may apply singly
or in combination; and
(iii)
"either-or" indicates that the connected items, conditions, provisions, or events shall apply
singly, but not in combination.
3.2
UNITS OF MEASUREMENT
3.2.1
For convenience, this By-law contains both metric and imperial measurements. In cases where a
discrepancy occurs between the metric and imperial standards, the metric unit shall prevail.
3.3
ZONING DISTRICT BOUNDARIES AND RIGHT-OF-WAY BOUNDARIES
3.3.1
Should uncertainty or dispute arise relative to the precise location of the boundary of any Zoning
District, as depicted on the Zoning District Maps, the location shall follow the closest logical
boundary, or a line that is parallel or an extension to such an existing feature, as determined by the
Designated Officer, including:
a. The centre line of streets, lanes, or other public thoroughfares;
b. Existing site boundaries;
c.
Municipal limits;
d. The centre of pipelines, railway lines, or utility easements; and
e. A topographic contour and/or top-of-bank line.
3.3.2
No Zoning District shall apply to any public roadway and, should a public roadway be closed, it will
then carry the same zoning as the abutting lands. Where different Zoning Districts regulate the
abutting lands, the roadway centreline shall become the Zoning District boundary.
3.3.3
Where one lot has more than one Zoning District, the area illustrated for a particular Zoning District
shall be treated as the development site and must comply with the bulk regulations for the Zoning
District, using the zoning line as the measurement for lot size and setbacks.
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3.4
GENERAL DEFINITIONS
3.4.1
The terms and words in this By-law as defined in The Act have the same meaning expressed therein.
Other terms and words, unless the context otherwise requires, are defined herein.
3.4.2
General Definitions:
Abut or abutting means immediately continuous to or physically touching, and when used with
respect to a site, means that the site physically touches upon another site or piece of land, and
shares a lot line or boundary line with it.
Accessory means, when used to describe a use, building or structure, said use, building or structure
is naturally or normally incidental, subordinate, and exclusively devoted to the principal use or
building, and located on the same lot or site.
Act, The means The Planning Act being CHAPTER P80 of the Continuing Consolidation of the
Statutes of Manitoba, and amendments thereto.
Alteration means any structural change or addition made to any building or structure.
Animal Unit (AU) means the number of animals of a particular category of livestock that will excrete
73.00 kg. (160.93 lb.) of nitrogen in a twelve-month period:
Aquifer means a confined or unconfined water-bearing subterranean body of water.
Basement means the portion of a building or structure which is wholly or partially below grade,
having above grade no more than 1.83 m. (6.00 ft.) of its clean height which lies below the finished
level of the floor directly above or being a minimum depth of 1.22 m. (4.00 ft.)
Buffer means a strip of landscaping or vegetation used to provide a screen between sites in order to
mitigate objectionable features between them.
Building, Accessory means a subordinate detached building, which serves a principal building or use
and is located on the same site.
Concept Plan means a land use strategy developed and approved in accordance with Section 63 of
The Act.
Conditional Use means a use or development that may have unique or widely varying operating
characteristics, and may have potential operational or other impacts on adjacent properties or site
development demands, specified as conditional in this By-law.
Council means the Municipal Council of the RM of Stanley.
Development means the construction of a building or the installation of services and utilities on,
over or under land, a change in the use or intensity of use of a building or land, the removal of soil or
vegetation from land, the deposit or stockpiling of material on land, and the excavation of land.
Designated Officer means the employee delegated certain authorities by Council to carry out a
power or responsibility in accordance with Section 184 of The Act.
Development Permit means a document issued pursuant to this By-law, authorizing the
development of a use.
Development Plan means the MSTW Planning District Development Plan adopted by by-law and as
amended.
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Dwelling Unit means one or more habitable rooms constituting a self-contained unit and used or
intended to be used together for living and sleeping purposes by one or more persons. This
calculation shall exclude basement or other areas that are below-grade.
Environmental Impact Study means a study prepared in accordance with established procedures to
identify and assess the impacts of development on a specified feature or system.
Environmentally Sensitive Land means land that has unique natural or man-made landforms,
vegetation or wildlife or which is of historically or archaeological importance, including Hazard
Lands.
Existing Registered Site means any site as defined in this By-law, for which a separate Certificate of
Title existed prior to the effective date of the former Zoning By-law No. 20/08, and which has
frontage on a currently developed Public Road, which is not seasonal in nature.
Farmstead Site means the portion of land of an agricultural operation, usually surrounded by a well-
defined shelterbelt, that currently features, or has the potential to feature, a farmstead dwelling
and/or farm buildings / structures.
Floodplain means an area that would be inundated by a design flood as herein defined.
Floor Area means the maximum habitable area contained within the outside walls of a building. In
the case of a dwelling, any private garage, porch, veranda, sun lounge, unfinished basement, or attic
are excluded from this calculation.
Frontage means all that portion of a site fronting on a street and measured between side lot lines.
Grade, Building Lot means the lot grade elevation of the finished ground surface immediately
adjacent to the foundation of a building.
(1) Existing Grade; (2) High Grade; (3) Average Grade; (4) Low Grade
Hazard Land (Environmentally Sensitive Land) means land which may be prone to flooding,
slumping, subsidence, landslides, erosion, any other instability, or is located within a flood plain or
watercourse.
Height means, when used with reference to a building or structure, the vertical distance between the
horizontal plane through grade and a horizontal plane through:
a. The highest point of the roof in the case of a building with a flat roof or a roof having a slope of
less than 20.00 degrees;
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b. The average level between eaves and ridges in the case of a pitched, gambrel, or hipped roof, or
a roof having a slope of more than 20.00 degrees, provided that in such cases the ridge line of
the roof shall not extend more than 1.52 m. (5.00 ft.) above the maximum permitted building
height of the Zoning District; or
c.
The deck of a mansard roof.
(1) Flat Roof; (2) Pitched, Gambrel, Hip Roof (3) Mansard Roof
Landscaping means any combination of trees, shrubs, flowers, grass or other horticultural elements,
decorative stonework, paving, screening or other architectural elements, all of which are designed to
enhance the visual amenity of a site or to provide a screen between sites in order to mitigate
objectionable features between them.
Lot, Corner means a lot located at the intersection of two public roadways, the interior angle of such
intersection not exceeding 135.00 degrees.
Lot, Flag means a lot lacking the required minimum lot width or frontage on an existing or proposed
street but having direct access to the street through a narrow access point. Flag Lots have two
distinct parts:
a. The flag, which is the building site and located behind another lot; and
b. The pole, which connects the flag to the road.
Lot, Interior means any lot other than a corner lot or through lot.
Lot, Reverse Corner means a corner lot, the side street line of which is substantially a continuation of
the front site line of the first site to its rear.
Lot, Through means a lot having a pair of opposite lot lines along two streets. On a through lot, both
street lines shall be deemed front lot lines.
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(1) Corner Lot; (2) Through Lot; (3) Flag Lot; (4) Interior Lot; (5) Reverse Corner Lot; (6) Irregular Lot
Lot Depth means the horizontal distance measured between the midpoint of the front lot line and
the midpoint of the rear lot line.
Lot Depth
Lot Line, Front means the property line a lot abutting public roadway other than a lane. In the case of
a corner lot, the front lot line is the shorter of the lot lines abutting a public roadway.
Lot Line, Rear means either the lot line which is furthest from and opposite the front lot line, or,
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where there is no such lot line, the point of intersection of any side lot lines which is furthest from
and opposite the front lot line.
Lot Line, Side means the property line of a lot other than a front lot line or rear lot line.
(1) Front Lot Line; (2) Side Lot Lines; (3) Rear Lot Line
Lot Width means the horizontal distance between the side lot lines of a site, measured at right
angles to the lot depth at a point midway between the front and rear lot lines. See Subsection 6.8 for
calculating lot width for flag lots.
Lot Width
Municipality means the Rural Municipality of Stanley.
Non-Conforming means any use, building, structure or sign, individually or in combination, which
lawfully existed prior to the effective date of this By-law, but does not conform to one of more of the
applicable standards of the by-law now in effect.
Permitted Use means a use allowed in a Zoning District without the need for special administrative
review or approval, subject to the regulations contained in this By-law.
Planned Unit Development means a land development project planned as an entity in accordance
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with a unitary site plan, which permits flexibility in siting of buildings, mix of uses and housing types,
usable open spaces and the preservation of significant natural features.
Prohibited Use means a new or proposed use, which is not listed as either a permitted or conditional
use in this By-law, which is not a legal non-conforming use as defined by The Act, and which has not
received a legal Development Permit as required in this By-law.
Principal building, structure, or use means the main or primary activity, for which a site or its
buildings are designed, arranged, developed or intended, or for which it is occupied or maintained.
Separation Distance means a horizontal distance between two uses, measured from the nearest
points of any structure or areas upon which the uses are located, clear of any projections.
Setback means a horizontal distance between a use and a property boundary in which certain types
of development and structures shall not occur.
Site means an area of land consisting of one or more abutting lots.
Site Coverage means the combined area of all buildings or structures on the site as a percentage of
the site area, measured at the level of the lowest storey above the grade, including all enclosed and
insulated decks, sunrooms, porches and verandas, but excluding seasonal non-insulated structures,
open or covered, such as decks, screened porches or verandas, patios at grade, steps, uncovered
walks, wheelchair ramps, cornices, eaves and similar projections.
Subdivision means a division of land, and includes a division of a quarter section into legal
subdivisions as described in The Land Titles Act.
Temporary Buildings and Uses means an incidental use, building or structure for which a permit has
been issued for a limited time only.
Use means the purpose, or activity for which a piece of land or its buildings is designed, arranged or
intended, occupied or maintained.
Variation Order means the altering of any of the regulations found in this By-law in accordance with
The Act.
Yard means the portion of a site that is unoccupied from any portion of a building or structure and
unobstructed from the ground to the sky unless otherwise permitted in this By-law. Yards (also
referred to as setbacks) are measured using the horizontal distance between any site lined and the
closest wall of a building or structure along a line perpendicular to the site line.
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(1) Front Yard; (2) Side Yards; (3) Rear Yard
Yard, Front means the portion of the lot abutting the front site line extending across the full width of
the site, situated between the front site line and the nearest wall of the principal building, not
including any projections.
Yard, Rear means the portion of the site abutting the rear site line extending across the full width of
the site, situated between the rear site line and the nearest wall of the principal building, not
including any projections.
Yard, Side means the portion of a lot abutting a side site line extending from the front yard to the
rear yard. The side yard is situated between the side lot line and the nearest wall of the principal
building, not including any projections.
Yard, Interior Side means a Side Yard which is adjacent to another zoning site, or to a lane
separating the side yard from another zoning site. In the case of a Planned Unit Development, an
interior side yard is the space between the walls of adjacent buildings or structures.
Yard, Corner Side means a Side Yard that abuts a public street or road way, as seen on a Corner Lot
or Reverse Corner Lot.
Yard, Required means the minimum distance that the development or a specific portion of a
development, must be setback from a site line. Required yards are specified in the dimensional
standards for each Zoning District.
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(1) Required Front Yard; (2) Required Side Yards; (3) Required Rear Yard
Zoning District means a section contained in Part II of this By-law which regulates the use and
development of land as depicted on the Zoning District Map comprising Part IV of this By-law.
3.4.3
Sign Definitions:
Sign means any writing, pictorial representation, emblem, flag, and anything designed or intended
to, or having the effect of, announcing, identifying, directing attention to, or advertising any building
or use.
Sign Copy means letters, graphics, or characters that compromise the sign message.
Surface Area means the area of a sign covered by a single rectangle drawn around the extreme
edges of the message contained on the sign and, in the case of a multi-faced sign, comprises half of
the total of all sign faces.
Sign Type means one of the following purposes signs are used:
a. Advertising Signs are used to direct attention to a business, commodity, service, item, message
or entertainment conducted, sold or offered elsewhere than upon the same zoning site on which
the sign is located. Advertising sign forms can be free-standing (billboards) or temporary (mobile
signs).
b. Directional Signs indicate access or egress to and from a building or use, or from a parking or
loading area on a zoning site. Directional sign forms can be attached or free standing.
c.
Event Signs indicate the time, date and type of event or events scheduled for a venue and are
located on the same lot or lands. Event sign forms are temporary in nature.
d. Identification Signs identify a specific building by name, logo, street address, or combination
thereof, or a specific use in relation to a business, service or commodity conducted, offered, or
sold on the same site. Identification sign forms can be attached or free-standing.
Sign Form means one of the following physical styles of sign:
a. Attached means a sign that is attached to the exterior of a building. Attached sign forms include
fascia, awning, banner, marquee, blade, volumetric, canopy or others as identified by the
Designated Officer.
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b. Free-standing means a sign that is supported by a permanent, independent structure that is not
attached to a building. Free-standing sign forms include pylons, pedestals, monuments, and
others as identified by the Designated Officer.
c.
Temporary means a non-permanent, moveable sign designed in such a manner that it can be
relocated to another site and which may include copy that can be changed through the use of
removeable characters or panels. Temporary sign forms include staked signs, mobile signs,
sandwich board signs, inflatable signs and others as identified by the Designated Officer.
3.5
USE CLASS DEFINITIONS
3.5.1
Use classes group individual land uses into a specified number of classes, with common functional
or physical impact characteristics. The Use Classes of this subsection are used to define the range of
uses which are permitted or conditional within the various Zoning Districts of this By-law.
3.5.2
The definitions provided in this subsection are not meant to be exclusive or restrictive. Reference
should be made to the definition of the Use Class in determining whether or not a use is included
within a particular Use Class.
3.5.3
Where a specific use does not conform to the wording of any Use Class definition or generally
conforms to the wording of two or more Use Class definitions, the Designated Officer may deem that
the use conforms to and is included a Use Class definition considered the most appropriate in
character and purpose.
3.5.4
Agricultural Use Class Definitions:
Agri-Business means an establishment that provides goods, sales, service, production, processing or
manufacturing or other commercial or industrial activities related to the agricultural sector. This use
includes, but is not limited to, farm equipment and machinery sales or repair shops, feed or
agrichemical operations, professional business services and industrial agricultural/horticultural
operations.
Agricultural Product Storage means the temporary storage of any agricultural product for future use,
delivery or processing as per The Environment Act.
Anhydrous Ammonia Facility means an area for the storage of anhydrous ammonia that is commonly
used as fertilizer.
Communal Farm means a residence or group of residences in connection with a farm operation
carried out on the same or adjacent parcel and includes all associated cooking, eating, living,
sleeping and sanitary facilities.
Farm Produce Outlet means a building or structure where farm produce is sold in season. This use
includes Farmers' Markets.
Game Farm means a fenced area to enclose animals defined as "domestic game farm animals" by
The Domestic Game Farm Animal Regulation, used for the purpose of producing animal products.
General Agriculture means a use of land for agricultural purposes. Typical uses include cropping and
pasture. This use does not include livestock operations or natural resource developments.
Greenhouses or Tree Nursery means an establishment used for the storage, display and sales of
plants, trees and other garden materials.
Livestock Auctioneering Establishment means a development specifically intended for the auctioning
of livestock animals, including temporary housing and storage of such animals.
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Livestock Operation means a permanent or semi-permanent or non-grazing area where at least 10 animal
units of livestock are kept or raised either indoors or outdoors, and includes all associated manure
collection facilities, but does not include an auction mart.
Specialized Agriculture means a use of land for high value, lower volume, intensively managed agricultural
activities. Typical uses include greenhouses, apiaries, market gardens or other uses as identified by the
Designated Officer.
3.5.5
Commercial Sales and Services Use Class Definitions:
Animal Shelter, Pound, Kennel or Veterinary Service means a development used for the boarding,
breeding, retention, training or medical service of small animals normally considered as household pets.
Auctioneering Establishment means a development specifically intended for the auctioning of goods and
equipment, including temporary storage of such goods and equipment.
Drive-in or Drive-Through Establishment means a development that allows rapid customer service for
patrons using a vehicle.
Eating or Drinking Establishment means the sale to the public of prepared foods for consumption within
the premises or off the site.
Equipment Rental, Sales, and Service means a development used for the rental of tools, appliances,
recreation craft, office machines, furniture, light construction equipment, or similar items.
Funeral Service means a development used for the preparation of the dead for burial or cremation, and
the holding of funeral services.
General Contractor means a development used for the provision of services of a construction nature
which require on-site storage space for materials, equipment or vehicles normally associated with the
contract service.
General Retail Sales and Service means a use involved in the sale, lease, or rental of new or used
products directly to the general public.
Grocery or Supermarket means a retail store that sells primarily groceries, produce, and packaged food
products, but in which up to forty percent of the gross floor area may be used for the sale of non-food
related products, including convenience products.
Home Improvement Store means a development used for the sale and provision of goods, equipment and
appliances normally found within a dwelling unit.
Hotel or Motel means a use where accommodation is provided for transient lodgers, in an individual room
or apartment, with or without cooking facilities.
Landscape or Garden Contractor means a location for the production of landscape materials, including
the wholesale of supplies, plants and landscaping materials.
Office means a building or a portion of a building used primarily for conducting the affairs of a business,
profession, service, industry, government, or like activity, or that provides direct governmental services to
the public, such as employment, public assistance, motor vehicle licensing and registration and similar
activities.
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Personal Service Shop means a development used for the provision of personal services to an individual
which are related to the care and appearance of the body, or the cleaning and repair of personal effects.
3.5.6
Community, Recreation and Public Service Use Class Definitions:
Campground means an area or tract of land on which accommodation for temporary occupancy are
located or may be placed, including tents and recreational vehicle equipment.
Cemetery means land used or dedicated to the interment of human or animal remains, including
columbarium, mausoleums and associated maintenance facilities when operated in conjunction with, and
within the boundaries of such cemetery.
Child Care Service means a use involving care, educational activities, and supervision of children in the
daytime and evening, licensed by the Government of Manitoba under The Community Child Care
Standards Act. This use does not include overnight accommodations.
Community Centre or Hall means a facility for community, social or multi-purpose use where patrons
attend on a non-recurring basis.
Community Resource Centre means a facility involving a non-profit corporation that provides support,
advice or help, to immigrants/refugees which may include but is not limited to housing, training, social
activities, and employment opportunities.
Golf Course means a tract of land laid out in a course having nine or ore holes for playing the game of
golf.
Hospitals and Medical Services means a use that involves outpatient and inpatient medical treatment
and may include overnight stays. Treatment may include diagnostic, laboratory, surgical, counselling and
rehabilitation of patients.
Institutional Residence means a building containing living accommodations for one or more residents who
meet the provincial definition for "elderly person" or "inform person" under The Elderly and Inform
Persons' Housing Act. This use may include staff not requiring care at the residence and generally has
only one kitchen and dining area for the common use of residents. The residence is licensed under
applicable provincial legislation and regulations.
Library, Museum or Gallery means a use involving collections of literary, artistic, musical and similar
reference materials available to the public through a variety of different media. This use also includes any
uses involving the collection, preservation, and exhibition of works or objects of historical, cultural, artistic,
or scientific value.
Outfitter means any land or premises used for outdoor recreational purposes relating to hunting, fishing
and other similar pursuits.
Places of Worship means a premise used by a charitable organization or religious group for the practice of
religious rites, ceremonies or services, which may also be used for the advancement of its charitable
purposes.
Private Club means a use by a not for profit organization incorporated by the Government of Canada or
the Government of Manitoba and includes facilities for meetings, social events, and recreational activities
of philanthropic, social service, athletic, business or fraternal organizations.
Protective Emergency Service means a use required for public protection of persons and property from
injury, harm, or damage together with the incidental storage of equipment and vehicles. Typical uses
include police station, fire hall and related training facilities.
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Public Parks, Playgrounds, Gardens, and Historical Sites means a use of land specifically designed or
reserved for the general public for active or passive recreational use and includes natural and
human-designed landscaping, facilities, fields, and other structures that are consistent with the
general purposes of park lands.
Public Utility means a use that involves a system, plant, pipeline, transmission line, and related
facilities intended to provide public utility services to the general public.
Race Track means a measured course where animals or machines are entered in competition
against one another or against time, including tracks used only in the training of animals.
Recreation Facility, Indoor means a use involving entertainment, sports, social, or multi-purpose
activities where patrons are primarily participants and any spectators are incidental and attend on a
non-recurring basis, occurring in an indoor setting. Typical uses include hockey and skating rinks,
curling rinks, swimming pools, billiard rooms, bowling alleys, indoor shooting galleries and similar.
Recreation Facility, Outdoor means a use involving entertainment, sports, social or multi-purpose
activities where patrons are primarily participants and any spectators are incidental and attend on a
non-recurring basis, occurring in an outdoor setting. Typical uses include playing fields, outdoor
skating rinks, tennis courts, driving ranges, skateboard parks, paintball arenas and similar.
School means a public or private education facility providing instruction to students at the primary,
middle or high school level.
3.5.7
Transportation and Automotive Related Use Class Definitions:
Airport or Aircraft Landing Field means the use of land for the take-off and landing or aircraft and
includes related buildings and structures such as aircraft storage facilities and maintenance
hangars, taxiways, runways, and navigational equipment.
Automotive Sales, Service, Repair and Rental means a use involving the servicing, repairing, and
restoration of automobiles, motorcycles, and similar recreational vehicles. This includes incidental
retail sale of related accessories and parts.
Gas station or Service Station means a use that involves the retail sale of gasoline and other
petroleum projects, along with incidental motor vehicles sales and service including car washes and
similar.
Heavy Equipment Sales, Service, and Rental means a use involving the sale, rental and repair of
heavy vehicles, machinery, or mechanical equipment typically used in building, roadway,
manufacturing, assembly and processing operations.
Parking Lot or Structure means a use involving motor vehicle parking that is not primarily intended
for residents, employees or customers of an onsite development. This included unenclosed surface,
enclosed surface and enclosed above or below grade parking areas.
Towing and Storage Facility means a commercial establishment engaged in the towing of vehicles or
equipment from one location to another. Such facilities may also include an indoor storage
component for such vehicles or equipment, but may not include the storage of junk, salvage or
wrecks.
Truck Stop means a highway-oriented operation that includes a combination of fuel sales, vehicle
repair services, restaurants, and similar uses primarily intended to serve the trucking industry and
travelling public.
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3.5.8
Industrial Use Class Definitions:
Abattoir means a use involving the slaughtering and processing of animals.
Brewery/Distillery/Winery means a use involving the blending, brewing, distilling, bottling, sampling
of alcoholic beverages and other related operations conducted within a building.
Bulk Fuel Storage Facility means the storage of petroleum products or other flammable liquids
legally stored within a structure or establishment that is incidental to the primary use of the site.
Commercial Composting means an outdoor facility operated for the purpose of composting solid or
liquid waste products.
Communication Tower means outdoor equipment and structures for the purposes of transmitting or
receiving television, radio, microwave, radar or similar communication signals.
Manufacturing, Heavy means the processing, treatment, preparation, packing, transportation,
handling and storage of semi-finished or raw materials where such operations have impacts that
would make them incompatible with adjacent land uses.
Manufacturing, Light means the processing and creation of goods or materials, provided they do not
create unusual fire, explosion or safety hazards, noise more than average intensity of street and
traffic noise in the area in question, and do not emit smoke, dust, dirt, toxic or offensive odours or
gas and there is no production of heat or glare perceptible from any adjacent site.
Natural Resource Development means a use involving the onsite preparation, extraction, and
primary processing of raw materials found on or under the site or accessible from the site. Typical
uses in this class include aggregate, forestry and mineral mining.
Recycling Depot means a facility in which recoverable resources are recycled, reprocessed and
treated to return such materials to a condition in which they can again be used for production
purposes, or consolidated and packaged for transport to other facilities.
Research and Technology Facility means a facility engaged in scientific research, product design,
development and testing, and limited manufacturing necessary for the production of prototypes.
Self or Mini Storage means a use involving storage spaces available to the public on a for hire basis.
This includes storage for motor vehicles and storage provided in portable containers transported to a
mini storage site.
Solar Energy Farm means a principal facility used for the production of energy derived from solar
panels or solar cells and intended to provide electricity for commercial sale and distribution to the
electrical grid.
Solid Waste Disposal Site means a permanent facility, either publicly or privately owned, operated
for the purpose of disposing of solid waste.
Warehouse and Distribution means a use involving the storage and distribution of materials, goods,
or products entirely within an enclosed building.
Waste Transfer Station means a facility where solid waste from collection vehicles is consolidated
and temporarily stored for subsequent transport to a permanent disposal site.
Wind Energy Generating Station, Commercial means a large scale electrical generating facility (also
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referred to as a wind farm) intended solely for commercial sale and distribution of electrical power.
This use includes wind turbines and accessory facilities, including but not limited to a generator,
transformers, storage, collection and supply equipment, underground fables, sub-station or wind-
monitoring equipment.
Wrecking Yard means an establishment for the dismantling or wrecking of used motor vehicles and
the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts.
3.5.9
Residential and Residential Related Use Class Definitions:
Dwelling, Manufactured Home means a manufactured home built to CSA specification Z240 MH, tiny
homes or ready-to-move (RTMs) suitable for year-round, long-term occupancy and in adherence to
any applicable standards of the Manitoba Building Code. This includes mobile homes.
Dwelling, Multiple Unit means a building or structure containing three or more dwelling units,
arranged in a vertical or horizontal manner, either served by separate entrances or common
corridors and entrances. Typical uses include row housing, tri-plexes, apartment buildings and
similar.
Dwelling, Single Unit means a building or structure containing only one dwelling unit that is separate
from any other dwelling or building.
Dwelling, Two Unit means a single building or structure containing two separate dwelling units,
separate from any other building. This includes duplexes and side-by-side dwellings.
Manufactured Home Park means a use wherein more than one manufactured home dwelling may be
situated on sites and may feature common elements including roads, access and supporting
facilities. This includes mobile home parks.
(1) Manufactured Home Dwelling; (2) Single Unit Dwelling (3) Side-by-side Two Unit Dwelling; (4) Row-House Multi-Unit
Dwelling (5) Apartment Multi-Unit Dwelling
3.5.10
Accessory Use Class Definitions:
Animal Grooming, Boarding and Breeding means an accessory use dealing with the caring for
household pets and which may include training, care, overnight boarding and grooming activities.
Bed & Breakfast means a hospitality use of a dwelling in which temporary overnight and breakfast is
provided to guests for remuneration.
Caretaker's Suite means a dwelling unit accessory to a principal commercial or industrial use
required for the housing of an employee or caretaker contained entirely within the principal use.
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Drive-in or Drive-Through Establishment means a development that allows rapid customer service for
patrons using a vehicle.
Farm Buildings and Structures means a building or structure, or part thereof which does not contain
a residential occupancy and meets all of the following criteria:
a. Associated with or located on land devoted to the practice of farming; and
b. Used essentially for the housing of equipment or livestock, or the production, storage or
processing of agricultural or horticultural produce or feeds, such as barns, produce storage
buildings, milking centres, chicken houses, grain bins, silos, machinery sheds, farm workshops,
manure storages, greenhouses and garages not attached to a farmstead dwelling.
Farm buildings less than 600 m² (6,458 ft²) are required to obtain a building permit from the RM
of Stanley. Farm buildings greater than 600 m² (6,458 ft²) are subject to the farm building code
and must obtain a building permit from the Office of the Fire Commissioner.
Farm-Based Commerce means a business operation that is accessory to the principal farming
operation on site. Farm-based commerce may entail occupations or industries related and accessory
to the farm operation only.
Farm Produce Outlet means a use accessory to a farming operation that involves the direct sale of
farm produce sold on a seasonal basis.
Farmers' Market means an occasional or periodic market held in an open area or in a structure
where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal
fruits, flowers, arts and crafts, food and beverages, dispensed from booths or store fronts located
on-site.
Farmstead Dwelling means a dwelling accessory to an agricultural operation where the operator of
the farm resides. A Farmstead Dwelling is typically situated on a Farmstead Site.
General Retail means the direct sale of merchandise, goods, or inventory related and accessory to a
principal use.
Home Day Care means the use of a portion of a dwelling unit for the provision of child care services
provided by a resident of the dwelling, up to a maximum of 8 children. The operation must meet all
applicable provincial legislation and regulations.
Home-Based Commerce means a business operation that is accessory to the principal dwelling on a
site. Home-based Commerce includes the following:
a. Home-Based Occupation means a home-based commerce use accessory to a dwelling wherein
all operations are conducted within the dwelling and where such use does not change the
character or exterior of the dwelling in any way.
b. Home-Based Industry means a home-based commerce use accessory to a dwelling wherein
operations may be within or external to a dwelling and minimal changes to the character or
exterior of a dwelling are expected.
Keeping of Animals means a use where less than 10 animal units of livestock or other animals
(excluding pets) are sheltered, bred, raised, or sold.
Metal Shipping Container means a prefabricated metal structure designed for use as a storage
container in accordance with international standards.
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Outdoor Storage means the storage of merchandise, goods, inventory, materials, or equipment or
other times that are not intended for immediate sale and do not constitute outdoor display by
locating them outside.
Secondary Suite means a self-contained accessory dwelling unit within a single unit dwelling
building. A secondary suite has its own separate cooking, sleeping, and sanitary facilities and has
direct access to the outside without passing through any part of the principal dwelling unit. A
Secondary Suite does not include two-unit dwellings or multi-unit dwellings.
c.
Attached means the Secondary Suite is wholly contained within the dwelling unit or added as an
extension or addition to an already existing dwelling unit.
d. Detached means the Secondary Suite is independent of the primary dwelling unit or located
above an already existing accessory building or structure, such as a garage or shed.
Solar Energy System, On-Site Use means an electrical energy generating system intended to
primarily serve the electrical needs of the on-site user or consumer (either behind the meter or off-
grid) rather than to produce power for resale. This use includes rooftop collectors and backyard
systems.
Wind Energy Generating Station, On-Site Use means a small scale electrical generating facility
intended to primarily serve the electrical needs of the on-site user or consumer and not intended to
produce power for resale.
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PART B: ZONING DISTRICTS
Section 4: Zoning Districts ................................................................................... 28
Section 5: District Use and Bulk Standards ................................................... 31
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Section 4: Zoning Districts
4.1
ZONING DISTRICTS
4.1.1
This section contains basic information pertaining to Zoning Districts, including statements of
purpose and district specific regulations.
4.2
DISTRICTS ESTABLISHED
4.2.1
For the purposes of applying this By-law, the municipality is divided into Zoning Districts found in
Table 4-1. The descriptions of districts contained in this section are intended to assist in selecting
the appropriate Zoning District for different types of land use, and to assist in identifying the
intended character of each district.
4.2.2
When there is a conflict between any statement in the district description and a substantive
requirement in other sections of the By-law, the substantive requirements in other sections apply.
Table 4-1: Summary List of Zoning Districts
District
Group
District
Symbol
District Name
Description
Agricultural
Districts
AG
Agricultural General
To accommodate general agricultural uses or
other rural uses that are related to or
compatible with agriculture.
AL
Agricultural
Limited
To accommodate agricultural activities and
limit livestock operations in areas that are
near urban settlements or other sensitive
areas.
Community Districts
RR
Rural
Residential
To accommodate large-lot residential
development in rural areas that respects
agriculture as the primary rural activity.
GD
General
Development
To accommodate the primary residential uses
in the village areas, as well any associated
commercial, industrial, recreational and
community service developments.
RC
Community
Residential
To accommodate new residential areas in the
village areas.
RMH
Residential
Manufactured
Home
To accommodate for the location and siting of
manufactured home parks, manufactured
homes, mobile homes and similar housing
options. Uses within the RMH zone shall be
serviced with water and wastewater.
HW
Hospitality and
Wellness
To accommodate a mix of hospitality, wellness
and other compatible uses of a regional nature
within the Stanley Corridor.
Busin
ess
Distri
cts
SC
Stanley Corridor
To accommodate commercial, industrial and
other compatible uses which service, process,
produce, distribute and/or store a product,
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including larger-scale commercial goods and
services to the travelling public along the
Stanley Corridor with a regional level of
service.
MG
Industrial
General
To accommodate a wide range of processing
and manufacturing industry within the
municipality, including areas within the Stanley
Corridor.
Sensitive Lands
Districts
EP
Environmental
Protection
To restrict development on land that is subject
to flooding, identified as environmentally
sensitive area by conservation or identified as
unsuitable due to physical hazards and/or
limitations.
OS
Recreation and
Open Space
To accommodate recreation and institutional
uses while protecting and enhancing the
natural features of the land.
4.3
DISTRICT SPECIFIC STANDARDS
4.3.1
The Designated Officer may apply the following Site Development requirements to residential
developments within the General Development and Community Residential Zoning Districts:
a. For lots larger than 0.75 acres and wider than 45.72 m. (150 ft.), no building may be sited
within 1.52 m. (5 ft.) of the centre line of the lot to facilitate future subdivision.
4.3.2
The following subdivision and site development requirements shall apply within the Hospitality and
Wellness (HW) Zoning District:
a. No accessory parking shall be permitted within the first 4.57 m. (15 ft.) of a required front yard;
b. No loading areas, outdoor storage areas, trash collection, or outdoor service or display areas
shall be permitted within the first 4.57 m. (15 ft.) of a required front or side yard;
c.
Loading, storage and trash collection areas may be required to be located to the rear or sides of
the principal building and shall be screened from view from any adjacent sites and public
roadways as determined by the Designated Officer;
d. Buildings, structures and hedges adjacent to Provincial Trunk Highway 3 and 14 shall be sited a
minimum distance in accordance with The Highways Protection Act; and
e. In addition to the requirements outlined in Subsection 2.3, development applications for sites in
the Hospitality and Wellness (HW) District must include the following:
(i)
A plan for pedestrian friendly amenities;
(ii)
A detailed landscape plan, prepared by qualified professional;
(iii)
Connections via sidewalks or pathways to the multi-use pathway where required;
(iv)
Public and/or amenity spaces in front yards, relating to the pathway where present or
planned;
(v)
A description and/or illustration of how the proposed development integrates into the
overall Stanley Corridor and relates to adjacent properties; and
(vi)
Contribution to active frontages with windows and building entrances facing the roadway
with pedestrian connections from the front entrance to any public pathways.
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4.3.3
The following subdivision and site development requirements shall apply to developments within the
Stanley Corridor (SC) Zoning District:
a. Loading, storage and trash collection areas may be required to be located to the rear or sides of
the principal building and shall be screened from view from any adjacent sites and public
roadways as determined by the Designated Officer;
b. Where a site abuts the lot line of a Residential Use Class development, the abutting yard shall
be a minimum of 15.24 m. (50 ft.);
c.
Where the rear or side lot lines of a site abut a Residential Use Class development, a site in the
Hospitality and Wellness (HW) district, or a site in the City of Morden or City of Winkler and are
used for parking, loading, or an outdoor service or display area, they shall be screened as
determined by the Designated Officer;
d. The minimum parking requirements outlined in Subsection 6.17 may be shared by two (2) or
more buildings or uses in accordance with an agreement in order to provide exception to the
parking requirements set forth in this bylaw; and
e. For any new Commercial Sales and Service Use Class development, land not covered in
buildings, parking areas, on-site circulation areas, outdoor storage areas or display areas shall
be landscaped with grass, trees or shrubs within one (1) year of a building permit being issued
or as determined by the Designated Officer.
4.3.4
The following Site Development regulations shall apply to development within the General Industrial
(MG) Zoning District:
a. Where a site abuts the lot line of a Residential Use Class development, a site within the
Hospitality and Wellness (HW) district, or a site in the City of Morden or City of Winkler, the
abutting yard shall be a minimum of 15.24 m. (50 ft.); and
b. Where the rear or side lot lines of a site abut a Residential Use Class development, a site in the
Hospitality and Wellness (HW) district, or a site in the City of Morden or City of Winkler and are
used for parking, loading, or an outdoor service or display area, they shall be screened as
determined by the Designated Officer.
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Section 5:
District Use and Bulk Standards
5.1
USE AND SITE REQUIREMENTS
5.1.1
No land shall be used or occupied and no structure shall be erected, altered, used or occupied
hereinafter for any use in the Zoning District in which such land and structure is located other than a
use listed in Appendix I with the exception of uses lawfully established prior to the effective date of
this By-law, unless otherwise stated in this By-law.
5.1.2
No land shall be used or occupied and no structure shall be erected, altered, used or occupied
herein for any use in the Zoning District in which such land or structure is located other than in
accordance with the Site Requirement as listed in Appendix II with the exception of development
lawfully established prior to the effective date of this By-law.
5.2
USE TABLE SYMBOLS
5.2.1
In Appendix I:
a. "P" in a cell indicates that the use identified at the far left of that row is permitted in the
zoning district identified at the top of that column;
b. "C" in a cell indicates that, in the Zoning District identified at the top of that column, the use
identified at the far left of the row is allowed only if reviewed and approved as a conditional
use in accordance with the requirements and procedures of The Act;
c. A blank cell indicates the use identified in the far-left column of that row is not permitted
within the Zoning District identified at the top of that column;
d. A Section number in a cell within the column "Use Specific Standards" identifies a provision
within this By-law which imposes an additional standard with which the use must comply
except as authorized by this By-law or by a Conditional Use Order or Variance Order; and
e. An asterisk (*) following a "P" or "C" symbol indicates that a Use Specific Standard applies to
the permitted or conditional use, as the case may allow within a specific Zoning District.
5.3
USE TABLE ORGANIZATION
5.3.1
In Appendix I, land uses and activities are classified into general "use categories" and specific
"use types" based on common functional or physical impact characteristics, such as the type and
intensity of land use, the type of customers or residents, how goods or services are sold or
delivered, and/or site-specific conditions. This classification provides a systematic basis for
assigning present and future land uses into appropriate Zoning Districts. This classification does
not list every use or activity that may appropriately exist within the categories and specific uses
may be listed in one category when they may reasonably be listed in one or more other categories.
The use category titles are intended to operate as an indexing tool and do not form part of this By-
law.
5.4
USE TABLE CATEGORIES
5.4.1
The following provides a description of the use categories found in Appendix I:
Agricultural Uses means a category of uses that includes land for agricultural purposes or
agriculture-related purposes. The listed uses include agricultural activities, different types of
farming uses, livestock operations, and various agri-businesses.
Commercial Sales and Services Uses means a category of uses primarily associated with the sale,
RM of Stanley Zoning By-law No. 8-18
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lease, or rent of new or used goods or the sale and provision of services, including associated
office uses.
Community, Recreation and Public Service Uses means a category of uses primarily associated
with public recreational, community based or utility based land uses including parks, recreation
facilities, entertainment facilities, and similar.
Transportation and Automotive Uses means a category of uses typically associated with motor
vehicles and/or the travelling public. This category includes the sale, service rental and repair of
vehicles and related uses thereto.
Industrial Uses means a category of uses including activities and facilities engaged in providing
industrial services including manufacturing and production, warehousing and goods movements,
as well as waste, salvage and utility services.
Residential Uses means a category of uses dealing with different types of living accommodations
and associated uses.
Accessory Uses means a category of uses, normally accessory to other uses within the By-law, that
because of their intensity or site-specific characteristics, require additional consideration or
provisions.
5.5
INTERPRETATION OF USES AND REGULATIONS
5.5.1
Any person may apply to the Designated Officer or Council for an interpretation as to whether a
proposed use falls within any of the use categories or use types described in this By-law and, if so,
which one.
5.5.2
The authority to provide an interpretation does not include the authority to add a new permitted or
conditional use.
5.5.3
A decision of the Designated Officer with respect to interpretation under Subsection 5.5.1 is final.
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PART C: DEVELOPMENT
STANDARDS
Section 6: General Development Standards ................................................ 33
Section 7: Use-Specific Development Standards ...................................... 49
RM of Stanley Zoning By-law No. 8-18
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Section 6: General Development Standards
The following regulations shall apply to all Zoning Districts in this By-law.
6.1
REGULATION OF USES
6.1.1
In any Zoning District in this By-law, the principal use of the land must be established prior to any
accessory buildings, structures, or uses being permitted.
6.1.2
Only one (1) principal building shall be permitted on any one site except in the case of the following:
a. Public utilities;
b. Public or private institutions;
c.
Recreational uses; or
d. Agricultural uses.
6.1.3
Temporary Uses may be permitted on a site where a principal development already exists, at
Council's discretion.
6.1.4
Council may, at its discretion, issue a Development Permit for additional principal developments,
uses, or businesses in Agricultural or Business Zoning Districts.
6.1.5
Notwithstanding anything contained in this By-law, where any land, building, or structure is used for
more than one purpose, all provisions of this By-law relating to each use shall be complied with.
6.2
ACCESSORY USES
6.2.1
An accessory use, building, or structure must be naturally or normally incidental, subordinate, and
exclusively devoted to the principal use or building, and located on the same lot or site.
6.2.2
No accessory building or structure shall be constructed on any site prior to the time of construction
of the principal building to which it is accessory.
6.2.3
Accessory developments shall be subject to the requirements in Appendix I. Accessory developments
not identified shall be subject to the regulations of the Zoning District in which the principal building
is located and:
a. shall be permitted when accessory to a permitted use; and
b. shall be conditional when accessory to a conditional use.
6.2.4
Where an accessory building or structure is attached to a principal building or structure, it shall be
subject to, and shall conform to all regulations applicable to the principal building or structure.
6.2.5
No accessory building or structure shall be used as a dwelling unit, except as provided for in this By-
law.
6.2.6
In no instance shall an accessory building or structure be located within a dedicated easement or
right-of-way.
6.2.7
No accessory building or structure in the GD, RR or RC Zoning District shall be located closer to a
public roadway than the front wall of the principal building.
6.3
TEMPORARY BUILDINGS AND USES
6.3.1
A Development Permit for a temporary building, structure or use shall be subject to such terms and
conditions as required by Council or the Designated Officer.
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6.3.2
Each Development Permit issued for a temporary building, structure or use shall be valid for a period
of up to one year and may be renewed for up to an additional year at the same location.
6.3.3
In all cases, temporary buildings and structures shall not exceed 92.90 m² (1,000.00 ft²) in area
and one storey or 4.57 m. (15.00 ft.) in height, and:
a. May be used as an office space for the contractor or developer;
b. May be used as a temporary placement of concrete and asphalt batch plants that are incidental
to and necessary for highway construction and maintenance;
c.
Shall not be used for human habitation, except as temporary accommodation for a caretaker,
watchman or construction workers; and
d. Shall not be detrimental to the public health, safety, convenience and general welfare, nor
detract from the aesthetic value of the neighbourhood.
6.3.4
Notwithstanding the regulations of this section of this By-law, a temporary Development Permit may
be issued for a carnival provided its maximum permitted duration on a site, which includes the
installation and removal of all equipment and structures thereon, is five days.
6.4
NOXIOUS OR OFFENSIVE USES
6.4.1
Nothing in this By-law or in a Development Permit, approval of a conditional use, variance order or
other approval issued under this By-law shall be construed as authorization for the carrying out of
any activity which is a nuisance due to noise, odour, emission, vibration or other cause, except where
otherwise provided for in this By-law.
6.5
MOVING OF STRUCTURES
6.5.1
No building or structure shall be moved or relocated, in whole or in part, to any other location unless
every portion of the building or structure conforms to all applicable regulations of the zone in which it
is to be moved.
6.5.2
Before moving a building or structure which is over 10 m2 (107 ft²) in size to a new location within
the Municipality, the owner shall obtain a relocation permit, that must be approved by the
Municipality prior to issuance.
6.5.3
Before moving a building or structure to a new location, the owner may be required to enter into an
agreement with the Municipality detailing an undertaking of the owner to pay all damages arising out
of the move and such other terms and conditions as a Designated Officer deems necessary.
6.5.4
Following the removal of a building or structure from a site, any excavation shall be filled, the ground
shall be leveled and the site shall be put in a safe condition to the satisfaction of the Designated
Officer within one (1) year of the date of removal.
6.5.5
Notwithstanding other requirements of this section, new manufactured homes that have received
certifications through the manufacturer are not required to obtain a relocation permit from the
municipality for their initial siting. Any subsequent moves shall require a relocation permit.
6.6
SUBDIVISION OF ATTACHED DWELLINGS
6.6.1
A site containing more than one attached dwelling unit may be subdivided to provide individual sites
to one or more of the attached dwelling units, provided that:
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a. Any new site line shall be a straight line between the front and rear site lines, located in such a
way that the party wall of the two adjacent units shall form part of the new site line. Where a site
line is unable to be straight due to the irregular shape of the site, the location of the new site
line shall be determined by the conditions of any subdivision approval and verified by the
Development Officer;
b. Each site created shall have frontage on a public right-of-way, except in the case of a bareland
condominium development outlined in The Condominium Act where the common site elements
containing roads shall be deemed to be a right-of-way for the purposes of this provision;
c.
Each created site may only accommodate 1 dwelling unit;
d. Each site created must provide at least 1 parking space with access to a public right-of-way;
e. No side yard is required along the newly created site line; and
f.
Notwithstanding the minimum bulk requirements found in Appendix II, any parcel created
pursuant to this Section shall have a minimum site area of 1 acre and a minimum site width of
22.86 m. (75 ft.) in the RR or GD Zones and a minimum site area of 789.68 m² (8,500 ft²) and a
minimum site width of 12.19 m. (40 ft.) in the RC Zone.
6.7
FRONTAGE, ACCESS, AND APPROACHES
6.7.1
A Development Permit shall not be issued unless the site intended to be used, or upon which a
building or structure is to be erected, abuts, or has frontage on a graded all-weather registered road,
or unless satisfactory arrangements have been made with the Council for legal access and/or the
improvement or building of a road.
6.7.2
For the purposes of this section "developed road" shall mean an existing graded all-weather road on
a registered right-of-way, or a road for which a signed servicing agreement has been made with
Council to provide for the construction of the road on a registered right-of-way to a standard
approved by Council.
6.7.3
A subdivision shall not be recommended for approval by Council unless the proposed sites and any
un-subdivided remnant of the land being subdivided has frontage on a developed road, or otherwise
legal access, including any road which is required to be registered and developed as a public road
under a signed servicing agreement.
6.7.4
The requirement of a service road or internal subdivision roadway to provide access may be imposed
as a condition of approval for any new development other than those deemed approved.
6.7.5
All site access from roads shall be to the satisfaction of Council with respect to location, design, and
construction standards. Council shall take into account the physical capability and safety of the
roads that are proposed to serve the development.
6.7.6
The Designated Officer shall decide upon all approach applications and, based on location, drainage,
traffic flow, sight lines, road standards, and safety considerations, may approve or refuse an
application for an approach.
6.7.7
Adjacent parcels in agriculture and rural residential areas should share approaches to public roads
where possible, as otherwise determined by the Development Officer.
6.7.8
For residential uses in the GD and RC Zones, the location of vehicular approach ramps or driveways
at the street line should be no closer than 7.5 m. (24.6 ft.) from the point of intersection of two
property lines at a street intersection. For residential uses in all other zones, the location of vehicular
approach ramps or driveways shall be approved by the Municipality.
6.7.9
Access must be constructed in conformance with the most current RM of Stanley Standard
Specifications for Design and Construction of Public Works and must be located separate and away
RM of Stanley Zoning By-law No. 8-18
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from utility valve locations.
6.7.10
All driveways for corner lots must be accessed via an internal road, where available, unless
otherwise determined by the Designated Officer.
6.7.11
All access points off a public road must have a minimum width of 10 m. (33 ft.) of frontage, unless
the Designated Officer approved an otherwise legal access.
6.8
FLAG LOTS
6.8.1
Flag lots may be created in limited circumstances when other development options are not
achievable and provided additional driveways and extended access are minimized. The following
provisions apply to flag lots:
a. Flag lots must comply with the standards of the Zoning District except as specified below:
(i)
A 10 m. (33 ft.) width is required for the entire length of the pole;
(ii)
The pole portion must be part of the flag lot, connect to an improved right-of-way
(municipal road), and be under the same ownership as the flag portion of the lot; and
(iii)
Only the flag portion of the lot is included when calculating minimum lot area and lot
coverage.
b. Where practical, shared access via easements to allow for use of the pole by another lot, may be
used at the discretion of the municipality.
c.
For the purposes of calculating site area, only the flag portion of the lot shall be used; and
d. For the purposes of calculating side width, the midpoint of opposite lot lines of the flag portion of
the lot shall be used.
6.9
FRONT YARD ALIGNMENT
6.9.1
Where a new single-, two-, or multi-unit dwelling or addition to a dwelling is proposed within a street
block or portion of a street block where at least 80 percent of the lots have been developed with
principal residential structures, and the front yard required by this By-law's Bulk Use Table is
inconsistent with the majority of existing front yards for development dwellings on the street block,
the new structure must be developed with a front yard consistent with the average of the existing
front yards within that block or portion of the block. In the case of a corner lot, either the average of
RM of Stanley Zoning By-law No. 8-18
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the setback for the two nearest properties on the same block or for all the properties facing the
same street on the same block may be used for calculating the allowed setback.
6.10
PROTECTION OF RIGHT-OF-WAY SITE LINES
6.10.1
Notwithstanding any other provision of this By-law, buildings, structures, stone, earth, or gravel piles,
trees or shrubs, portable structures, machinery, fences, or other objects on private property adjacent
to certain public transportation corridors shall not be placed in a location that would cause undo
accumulations of snow and/or obstruct the vision of drivers within reasonable site lines, as
determined by the Designated Officer.
6.11
PROTECTION OF RAILWAY RIGHT-OF-WAY SITE LINES
6.11.1
A person may not erect, on land adjoining the land on which a line of railway is situated, a building or
other structure, not being a railway work, that will obstruct rail right-of-way sightlines, as defined by
the Transport Canada Rail Safety regulation.
6.11.2
A person must not place, on land adjoining the land on which a line of railway is situated, anything
that will obstruct rail right-of-way sightlines.
6.11.3
A person who grows trees and brush, or allows them to grow, on land in the vicinity of a grade
crossing must remove them if they obstruct rail right-of-way sightlines; and
6.11.4
A railway company must not leave any railway equipment unattended that obstructs rail right-of-way
sightlines.
6.12
FENCES AND SCREENING
6.12.1
Fences, hedges, trees, shrubs and similar landscape features in all yards may be permitted,
provided that:
a. Electric or barbed wire fences are only allowed for agricultural or industrial uses; and
b. All other standards of this section are complied with.
6.12.2
The height of a fence, hedge, or similar privacy screen or landscape feature must comply with the
standards set forth in the Table below, unless otherwise provided for Subsection 7.7 or 7.17.4:
Table 6-1: Maximum Heights for Fences and Screening
Yard
Zoning Districts
Agricultural
Community
Business
Sensitive Lands
Front
1.828 m. (6 ft.)
1.219 m. (4 ft.)
1.219 m. (4 ft.)
3.048 m. (10 ft.)
Side and Rear
3.048 m. (10 ft.)
1.828 m. (6 ft.)
3.048 m. (10 ft.)
3.048 m. (10 ft.)
6.12.3
Screening fences shall be consistent and complement the quality of building design and materials of
the primary building.
6.12.4
No person shall erect or maintain a fence or screening using non-permanent materials such as
chicken wire or snow fencing or use materials made of debris, junk, or waste materials, or use
dangerous materials.
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6.13
ACCESSORY OUTDOOR STORAGE REGULATIONS
6.13.1
Accessory outdoor storage areas must be screened from the public view using fencing, walls,
buildings, topography, shrubs, trees / shelterbelts according to the standards for Subsection 6.12.
The use of natural features for screening is encouraged.
6.13.2
Additional landscaping may be required on any sides adjacent to a residential district, public road, or
visible from a public road, to the satisfaction of the municipality.
6.14
SIGNS
Signs are regulated in this By-law to achieve compatibility among adjacent land uses within the public realm.
These include various sign types and sign forms that may be found within the Municipality.
6.14.1
The following regulations shall apply to all signs in all zoning districts, except wherein otherwise
provided for in this By-law:
a. All signs are subject to the issuance of a Development Permit, unless otherwise stated in this
section;
b. No lot shall contain more than one freestanding sign, unless it is a corner lot or through lot, in
which case two freestanding signs may be permitted, at the discretion of the Designated
Officer;
c. No sign shall be erected, operated, used or maintained which:
(i)
Creates a nuisance, obstructs visibility, or in any manner may interfere with public
safety;
(ii)
Due to its position, shape, colour, format, or illumination, obstructs the view of or may
be confused with an official traffic sign, signal, or device as determined by the
designated officer;
(iii)
Displays flashing lights resembling those used by police, fire, ambulance, or other
emergency vehicles;
(iv)
Includes a swinging or swaying motion; or
(v)
Is located within a public right-of-way, without the consent of the Designated Officer and
subject to terms and conditions specified in an agreement with the municipality.
6.14.2
The following signs are not subject to this By-law:
a. Signs installed by the municipality for traffic control, parking, street/road names and direction or
those signs required to be constructed or maintained by law or government order;
b. Temporary signs including garage sale signs, auction signs, or election signs;
c.
Window signs, unless such signs occupy more than 30 percent of the window surface on any
façade of the principal building, in which case they are treated as fascia signs; and
d. Memorial signs or tablets of non-combustible material when built into or attached to the walls of
a building or other structure.
6.14.3
An owner may erect or maintain the following signs in any Zoning Districts without first obtaining a
Development Permit:
a. Signs less than 6.5 ft.2 in area that advertise the sale, lease or rent of property, premises or
buildings on that site;
b. One building identification sign not exceeding 1.5 ft² in area for single-unit dwellings, two-unit
dwellings and manufactured homes;
c.
One building identification sign not exceeding 50 ft² in area for institutional uses;
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d. Signs posted by a duly constituted governmental body in performance of their duties;
e. 'No Trespassing' or 'Private Property' signs;
f.
Real estate signs no larger than 16 ft² and no higher than 20 ft. in total height; and
g. Any sign that cannot be seen from off the premises.
6.14.4
The following signs shall be prohibited in all Zoning Districts:
a. Signs with animations or moving parts;
b. Signs located on the roof of buildings or structures; and
c.
Signs painted on fences or roofs.
6.14.5
The following regulations shall apply to abandoned and unlawful signs:
a. Where a Designated Officer finds a sign to be abandoned, the Designated Officer may, after
resolution of Council, by notice in writing or by registered mail, order the registered owner, the
person in possession of the site or building or the person responsible for the abandoned sign to
remove the sign within twenty days after receipt of the notice, or take such measures as are
specified in the notice to alter and refurbish the sign so that it correctly identifies the business,
or the products and services offered on the site where the sign is displayed;
b. Where a sign contravenes the regulations of this By-Law, Council may, by notice in writing, order
the owner or the person responsible for the contravening sign to take such measures as are
specified in the notice to alter the sign so that it complies with the regulations of this By-Law, or
remove the sign; and
c.
Failure to remove the abandoned or unlawful signs, or to comply with the measures specified in
the notice by Council, shall result in the removal of the sign by the Municipality with the owner or
the person responsible for the contravening sign assuming liability for all removal costs.
6.14.6
The following sign types and forms are recognized in this By-law:
Table 6-2: Sign Types and Permitted Forms
Sign Type
Sign Form
Example
Advertising
Free-Standing
Billboards
Temporary
Mobile, Vehicular, Trailer
Identification
Attached
Fascia, Awning, Band, Marquee, Projecting
Free-Standing
Pedestal, Pole
Directional
Attached
Fascia, Projecting
Free-Standing
Pedestal, Pole
Event
Temporary
Inflatable, Banners, Flags, Staked, Sandwich
Board
All signs must comply with the standards shown in Table 6-3 and the associated yard setbacks
where applicable.
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Table 6-3: Zone Specific Sign Standards
Zone
Sign Types
Permitted
Sign Forms
Permitted
Max.
Min.
Surface Area
Height
(from
grade)
Setback
(from lot
line)
GD
RR
RC
RMH
Identification
- Building
Attached or
Freestanding
.372 m²
(4 ft²)
Below top
floor
ceiling
1.524 m.
(5 ft.)
Identification
- Use
Attached
1.486 m²
(16 ft²)
Below top
floor
ceiling
-
Free
Standing
6.096 m.
(20 ft.)
1.524 m.
(5 ft.)
Directional
①
Attached or
Freestanding
1.115 m²
(12 ft²)
1.828 m.
(6 ft.)
1.524 m.
(5 ft.)
SC
HW
MG
AG
AL
OS
Advertising
Free-
standing
18.580 m²
(200 ft2)
7.62 m.
(25 ft.)
3.048 m.
(10 ft.)
Temporary
4.645 m²
(50 ft2)
3.048 m.
(10 ft.)
-
Identification
- Building
and Use
Attached
25% of the front wall
of the building façade
to a max. 18.580 m²
(200 ft2) for single
occupancy;
Combined max
55.742 m² (600 ft²)
for multiple occupancy
10.668 m.
(35 ft.)
-
Free
Standing
18.580 m²
(200 ft2) for single
occupancy;
27.871 m² (300 ft²)
for double occupancy;
and 37.161 m² (400
ft²) for multiple
occupancy of 3 or
more occupants.
3.048 m.
(10 ft.)
Directional
①
Attached or
Freestanding
1.115 m²
(12 ft²)
-
1.524 m.
(5 ft.)
Event
Attached or
Freestanding
5.946 m²
(64 ft²)
-
-
Notes: ① Only 1 sign per entrance or exit shall be permitted, or 2 signs per combined entrance/exit.
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6.14.7
The following regulations shall apply to all free-standing advertising signs (billboards):
a. No free-standing advertising sign may be located within 91.44 m. (300 ft). of another free-
standing advertising sign; and
b. No free-standing advertising sign shall be located within a 152.4 m. (500 ft.) radius of the
centre of an intersection of two public roads, or the intersection of a public road and a rail
right-of-way;
6.14.8
The following regulations shall apply to all temporary mobile signs:
a. There shall be no more than one mobile sign per lot, except for lots with multiple occupancy
where two signs shall be permitted. Where there is more than one mobile sign, the signs shall
be a minimum of 19.81 m. (65 ft.) apart.
b. Flashing or scintillating mobile signs are prohibited; and
c. No mobile sign shall be placed in such a way that it may interfere with, obstruct the view of, or
be confused with an authorized traffic signal, warning sign or other regulatory or informational
device, and in no circumstances, shall it be located within 3.05 m. (10 ft.) from the nearest
part of any exist or entrance driveway.
6.14.9
The following regulations shall apply to electronic signs:
a. All signs with electronic copy shall have a minimum hold time of 6 seconds and maximum,
transition times of 0.25 seconds;
b. An electronic sign must not exhibit moving or animated content;
c. An electronic sign must not exceed 3.2 lux above ambient light conditions; and
d. All electronic signs must use automatic dimming technology.
6.15
SITE GRADING AND LEVELLING
6.15.1
Every development shall be graded and levelled at the owner's expense to provide for adequate
surface drainage that does not adversely affect adjacent property, or the stability of the land in
accordance with, and to the satisfaction of, applicable municipal policies and by-laws and provincial
licensing standards.
6.15.2
All developments must provide for the appropriate on-site infrastructure to manage stormwater to
the satisfaction of the municipality.
6.15.3
All excavations or filling shall be re-vegetated immediately after other construction activities
conclude, with a suitable ground cover as may be necessary to prevent erosion.
6.15.4
All vegetation and debris in an area to be re-graded or filled must be removed from the site prior to
site grading and levelling.
6.15.5
All topsoil from an area that is to be re-graded must be stripped, stockpiled, and replaced on the re-
graded area, or re-located to a site approved by the Municipality.
6.15.6
Where excavation or filling is proposed for any development in a flood hazard sub-district, the
Municipality may request comments of Manitoba Infrastructure prior to marking a decision on the
Development Permit application.
6.16
LANDSCAPING AND BUFFERING
6.16.1
The Designated Officer may require that site landscaping be provided in conjunction with, and
addressed as part of, any Development Permit approval in any Zoning District.
6.16.2
Council may establish specific landscaping requirements to include berms, natural vegetation,
RM of Stanley Zoning By-law No. 8-18
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planted vegetation, landscaping, trees, shrubs, fences, private signs, parking areas, and similar
amenities.
6.16.3
Landscape buffers are intended to improve land use compatibility and environmental quality by
reducing noise, lighting glare and other nuisances, or facilitate natural drainage. Landscape buffers,
where required to separate uses from adjacent properties may require a minimum 1 m. (3 ft.) wide
vegetative landscape buffer, unless a fence is required for other reasons.
6.16.4
Rural Residential dwellings may be required to establish a shelterbelt, or vegetative landscape buffer
around the residential use to reduce land use conflicts and to recognize the need for a windbreak.
6.16.5
All trees, shrubs and other vegetative plantings required pursuant to this section shall be drought
resistant and hardy to the region, using native species where possible.
6.17
PARKING REGULATIONS
6.17.1
For the purposes of this By-law and the regulations found within this Section, all required parking
areas are to be located on-site.
6.17.2
The following regulations apply to all on-site parking areas:
a. All accessory on-site parking spaces shall be located on the same lot as the use served, unless
permitted by variation order to locate elsewhere;
b. Accessory parking areas shall have clearly-marked approaches or driveways and be defined by a
fence, curb or other suitable boundary designed to provide a neat appearance;
c.
Lighting provided for parking areas shall be shielded and directed away from adjoining
residential areas and generally confined to the site;
d. The surface of an accessory on-site parking area, and the access driveways thereto shall be
surfaced and designed in such a manner that there will be no free flow of water onto either
adjacent properties or a public sidewalk;
e. Any required on-site parking area shall be of such a surface that will minimize the carrying of dirt
or foreign matter onto the public right-of-way;
f.
Accessory on-site parking areas provided for a use shall be used exclusively for the parking of
employees, occupants, patrons or visitors of such use, unless otherwise permitted herein, and
shall not be used for motor vehicle repair work or similar such uses;
g. When any building, structure or use in existence on the effective date of this By-law is
subsequently damaged or destroyed, and is reconstructed or re-established, the accessory oon-
site parking spaces maintained at the time of such damage or destruction shall be restored or
continued in operation; and
h. Accessory on-site parking spaces in existence on the effective date of this By-law or
amendments thereto shall not be further reduced below the parking requirements for a similar
new building or use under the provisions of this section.
6.17.3
No person shall erect, enlarge, or change the use of a site without providing and maintaining a
minimum number of on-site parking spaces in accordance with the Table below:
Table 6-4: Minimum On-Site Parking Spaces Required
Use Category
and Use
Minimum On-Site Parking Spaces Required
Agricultural Uses
General
Exempt
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Table 6-4: Minimum On-Site Parking Spaces Required
Use Category
and Use
Minimum On-Site Parking Spaces Required
Agri-Business
1 space per 5 employees on maximum work shift. but
not less than 1 space per 100 m² (1,076.36 ft²) of
gross floor area
Commercial Sales and Service Uses
General
1 space per 20 m² (215.28 ft²) of gross floor area
Hotels and Motels
1 space per guest room
Community, Recreation and Public Service Uses
General
Exempt
Schools
1.5 spaces per classroom
Places of Worship
1 space per 15 seating places plus 1 space per 20 m²
(215.28 ft²) of assembly room floor area of the largest
assembly room within the building.
Community Centres and Halls
1 space per 10 seating places for the public or 1 space
per 10 m² (107.64 ft²) of gross floor area used by
patrons, whichever is greater.
Hospitals and Medical Services
1 space per 35 m² (376.74 ft²)of gross floor area
Entertainment Establishment, Library,
Museum, Gallery, Recreation Facility
1 space per 5 seats. Where no fixed seats, 1 space per
10 m² (107.64 ft²) of gross floor area
Transportation and Automotive Uses
General
1 space per 3 employees on maximum work shift. but
not less than 1 space per 150 m² (1,614.59 ft²) of
gross floor area
Industrial Uses
General
1 space per 3 employees on maximum work shift. but
not less than 1 space per 150 m² (1,614.59 ft²) of
gross floor area
Residential Uses
Single Unit, Two-Unit, Manufactured
Home Dwellings
1 space per dwelling unit
Multi-Unit Dwellings
1.5 spaces per dwelling unit
Accessory
Secondary Suites
1 space per dwelling unit
6.17.4
The following regulations apply to the required dimensions for parking spaces:
a. Parking space dimensions may vary depending on the angle measured perpendicular to the axis
of the access aisle of the space provided. The dimensions of parking spaces shall be in
accordance with the standards of the Table below;
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b. All entrances and egress driveways shall be a minimum of 7.5 m. (24.61 ft.) and no closer than
7.5 m. (24.61 ft.) from the point of two property lines at a street intersection;
c.
Where an aisle serves two different types of angled parking, which are located across from each
other, the largest required access aisle shall be provided;
d. Where access to a parking space is directly from a street or lane, the width of the adjacent
street or lane may be computed as part of the required aisle width.
Table 6-5: Parking Space Standards
Angle of Parking
Width
Length
Aisle
Parallel
2.5 m. (8.2 ft.)
5.5 m. (18.04 ft.)
4.5 m. (14.76 ft.)
45 degrees
2.5 m. (8.2 ft.)
5 m. (16.4 ft.)
4.5 m. (14.76 ft.)
60 degrees
2.5 m. (8.2 ft.)
5 m. (16.4 ft.)
5 m. (16.4 ft.)
90 degrees
2.5 m. (8.2 ft.)
5.5 m. (18.04 ft.)
5.5 m. (18.04 ft.)
6.17.5
Where in this By-law parking facilities are required for single detached and bare land condominium
dwelling units, the parking area shall:
a. be provided on the same site;
b. have a minimum required area for each parking space of 15 m² (161.46 ft²), a minimum width
of 2.5 m. (8.20 ft.), and a minimum length of 5.5 m. (18.04 ft.); and
c.
be constructed so that the location of vehicular approach ramps or driveways at the street line
are no closer than 7.5 m. (24.61 ft.) from the point of intersection of two property lines at a
street intersection.
6.18
LOADING REGULATIONS
6.18.1
No person shall erect, enlarge, or change the use of a site without providing and maintaining a
minimum number of loading spaces in accordance with Table 6-6 below:
Table 6-6: Minimum Loading Spaces Required
Use Category
and Use
Minimum Loading Spaces Required
Commercial Sales and Service Uses
General
Exempt for less than 465 m² (1,525.59 ft²) of gross floor
RM of Stanley Zoning By-law No. 8-18
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Table 6-6: Minimum Loading Spaces Required
Use Category
and Use
Minimum Loading Spaces Required
area;
1 space between 465 m² (1,525.59 ft²) and 1,400 m²
(4,593.12 ft²) of gross floor area;
1 additional space for each 2,300 m² (7,545.93 ft²)
Office
Exempt for less than 1,400 m² (4,593.12 ft²);
1 space for uses between 1,400 m² (4,593.12 ft²) and
2,800 m² (9,186.35 ft²);
1 additional space for each 2,300 m² (7,545.93 ft²) up to 5
Community, Recreation and Public Service Uses
Hospitals and Medical Services
1 space up to 1,400 m² (4,593.12 ft²) of gross floor area;
2 spaces up to 2,800 m² (9,186.35 ft²) of gross floor area;
1 additional space for each 2,800 m² (9,186.35 ft²) up to 5
Industrial
General
1 space up to 1,400 m² (4,593.12 ft²) of gross floor area;
2 spaces up to 2,800 m² (9,186.35 ft²) of gross floor area;
1 additional space for each 2,800 m² (9,186.35 ft²) up to 5
6.18.2
When required, on-site vehicular loading and unloading spaces must meet the following provisions:
a. Loading spaces must be located either within or abutting the building containing the use;
b. No loading spaces shall be provided within a minimum front yard; and
c.
Loading spaces provided within the minimum side yard shall be open and uncovered.
Table 6-7: Loading Space Standards
Building Gross Floor Area
Minimum Area
Minimum Width
Minimum
Clearance
1,400 m2 or less
(15,069.47 ft²)
17 m2 (182.99 ft²)
3 m. (9.84 ft.)
-
Larger than 1400 m2
(15,069.47 ft²)
33.5 m2 (360.59 ft²)
3 m. (9.84 ft.)
4.25 m. (13.94 ft.)
6.19
PROJECTIONS INTO REQUIRED YARDS
6.19.1
The following features may project into a required yard as provided for below:
a. Uncovered walks, wheelchair ramps, trellises, flagpoles, lighting fixtures and lamp posts.
b. Verandas, porches, decks, eaves, shade projections, unenclosed steps, cantilevers, chimney or
parts of a chimney, belt courses, sills, together with any other architectural features which, in
the opinion of the Designated Officer, are of a similar character, excluding rain gutters provided
such projections do not exceed 0.91 m. (3.00 ft.).
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c.
Bay, oriel, or similar windows, provided that such projections do not exceed 0.61 m. (2.00 ft.).
d. Balconies, provided with such projections do not exceed 0.61 m. (2.00 ft.).
e. Any loading space required under the regulations of this By-law, provided it shall not be in a
required front yard.
f.
A parking area when comprised of parking spaces required under this By-law, provided that no
parking area in any Zoning District shall be located within the required front yard. This shall not
prohibit the use of a required front yard for such walkways and driveways as the Designated
Officer considers necessary.
g. Fences, hedges, walls, and screening.
6.20
WATER SUPPLY
6.20.1
A potable water supply shall be available to developments where water is required and the
development proponent is responsible to gain confirmation and approval for adequate water service
and infrastructure.
6.20.2
Council may require an applicant to provide written proof from a qualified professional, that a
potable water supply of sufficient quality and quantity is available to service the proposed
development or subdivision.
6.20.3
If Subsection 6.20.2 above is not complied with, or if the proposed development or subdivision may
jeopardise ground or surface water supplies, Council may refuse a development or recommend
refusal of a proposed subdivision.
6.21
WASTE DISPOSAL
6.21.1
The development proponent is responsible to gain confirmation and approval for adequate
wastewater service and infrastructure and solid waste disposal to the satisfaction of approving
authorities.
6.21.2
Notwithstanding any minimum site size referenced in this By-law, the minimum site size for sites with
private onsite wastewater services will be limited by the minimum site size required by the Onsite
Wastewater Management Systems Regulation.
6.22
DEVELOPMENT ON ENVIRONMENTALLY SENSITIVE LANDS
6.22.1
No buildings or structures shall be built in an area that has been identified either by Council or other
agencies as being subject to flooding, unless the development proponent demonstrates to the
satisfaction of Council that measures will be taken to protect the development from flood damage.
6.22.2
Where development is proposed in an area that, in the opinion of the Designated Officer, may be
subject to ponding due to snowmelt or heavy rainfall events, the development proponent may be
required to provide additional measures, including the provision of sufficient fill around the building,
to provide an additional measure of protection from flood damage.
6.22.3
No building or structure shall be built in an area that is subject to erosion, bank instability, landslide,
and subsidence, is marshy or unstable, or is otherwise hazardous or unsuitable by virtue of its soil or
topography, unless it is demonstrated to the satisfaction of Council that proper measures will be
taken to deal with the unsuitability or hazard.
6.23
AIRPORT VICINITY AREAS
6.23.1
No buildings or structures shall be erected within the following areas:
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a. A 60.96 m. (200.00 ft.) strip parallel to and on either side of the centerline of a runway; and
b. An area 243.84 m. (800.00 ft.) from either end of a runway.
6.23.2
No building constructed around an airport shall exceed the following height restrictions:
a. No building along the edge of a runway shall exceed a height of 0.31 m. (1.0 ft.) vertical for
every 1.54 m. (5.00 ft.) measured horizontally from the edge of the runway strip, as illustrated
below; and
b. No building located in the take-off or approach paths to a runway shall exceed a height of 0.31
m. (1.0 ft.) vertical for every 7.62 m. (25 ft.) measured horizontally from the ends of the runway
strip and diverging ten (10) percent from the extension of the edges of the runway, as illustrated
below.
6.23.3
Applications for Development Permits involving properties within the vicinity of an airport shall be
accompanied by either:
a. A statement from Transport Canada Aviation that the proposed development does not include
obstructions that in any way exceed the obstruction limitation surfaces applicable to the Morden
Regional Airport and the Winkler Airport; or
b. Certification by a professional engineer or architect licensed to practice in the Province of
Manitoba, confirming that the proposed development does not include obstructions that in any
way exceed the obstruction limitation surfaces applicable to the Morden Regional Airport and
the Winkler Airport.
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Section 7:
Use-Specific Development Standards
The following regulations apply to specific land uses due to their unique characteristics and impact on land
and/or infrastructure.
7.1
PLANNED UNIT DEVELOPMENTS
A Planned Unit Development (PUD) is a land development project built as an entity in accordance with a
comprehensive site plan that is presented by a developer to a board or council. PUDs can be a useful took
for larger mixed-use developments because they give municipalities and developers flexibility in siting
building, mix of uses and different housing types, usable open spaces and the preservation of significant
natural features through customized site-specific standards.
7.1.1
A PUD shall comply with the following regulations:
a. PUDs are only permitted as conditional uses in the following zones:
(i)
RR - Rural Residential;
(ii)
GD - General Development;
(iii)
RC - Community Residential;
(iv)
RMH - Residential Manufactured Home;
(v)
SC - Stanley Corridor;
(vi)
MG - General Industrial;
(vii) HW - Hospitality and Wellness; and
(viii) OS - Recreation and Open Space.
b. A PUD may only be established on sites or developments larger than 1 acre in area;
c.
The uses and standards of a PUD must be generally consistent with the desired character for
the area set out in the Development Plan, any applicable Secondary Plan, and the uses and
standards intended for the site;
d. In addition to a conditional use application, an application for a PUD shall include normal
Development Permit as well as an impact study that outlines the following information:
(i)
Economic, social and environmental benefits to the community;
(ii)
Municipal servicing requirements including water, sanitary and sewer;
(iii)
The effect on the general character of the area and adjacent areas;
(iv)
The effect on the general environment including, but not necessarily limited to, drainage,
groundwater and erosion;
(v)
The effect on Municipal services and the street system; and
(vi)
Other information as required by Council;
e. PUDs shall be regulated through a site plan or development agreement, which is caveated
against the title at the Land Titles office;
f.
An application for a PUD must be accompanied with a detailed site plan, including:
(i)
The location of the site boundaries
(ii)
The location, height and types of use of buildings and structures;
(iii)
The location of all transportation infrastructure;
(iv)
Landscaping;
(v)
Parking;
RM of Stanley Zoning By-law No. 8-18
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(vi)
Services including water and sewage collection;
(vii) Lot grading;
(viii) All instances where the bulk standards of proposed buildings or structure do not comply
with the requirements of the Zoning By-law; and
(ix)
Other information as required by the Designated Officer.
7.2
COMMUNICATION TOWERS
7.2.1
The Federation of Canadian Municipalities (FCM)/Canadian Wireless Telecommunications
Association (CWTA) Antenna System Siting Protocol (Protocol) must be addressed for any new cell
towers or similar wireless technology infrastructure to be established in the municipality, including
but not limited to:
a. Notification of potential siting;
b. Site investigation meeting with municipality to discuss location and potential co-location;
c.
Confirmation of municipal development and design preferences and requirements;
d. A proposal submitted with all requirements contained in the Protocol; and
e. Confirmation of any applicable municipal fees.
7.2.2
The following systems are generally excluded from requirements to consult with the municipality, but
must still consider local surroundings, neighbouring residents, co-location opportunities, sensitive
locations, and Transport Canada marking requirements:
a. Systems less than 15 m. (49.21 ft.) above ground;
b. Maintenance of existing radio apparatus;
c.
Additions or modifications to an existing Antenna System, within limits described in the Protocol;
d. Painting or lighting to comply with Transport Canada; and
e. Installation for a Special Event or emergency, i.e. less than 3 months.
7.3
MANUFACTURED HOME PARKS AND DWELLINGS
7.3.1
Each manufactured home shall comply with its appropriate Canadian Standards Association
standards for construction.
7.3.2
Wherever a manufactured home is allowed under this By-law outside of the RMH Zone, it must be
attached to a foundation or otherwise be secured to the satisfaction of the Designated Officer, prior
to occupancy;
7.3.3
Notwithstanding the requirements of Appendix II, the following reduced dimensional standard shall
apply to individual manufactured home spaces within manufactured home parks:
a. Minimum site area per manufactured home space - 334.45 m² (3,600 ft²);
b. Minimum site width per manufactured home space - 12.192 m. (40 ft.).; and
c. Minimum site depth per manufactured home space - 27.432 m. (90 ft.).
7.3.4
A manufactured home park shall meet the following standards:
a. Walkways, where provided, must have a minimum width of 1.828 m. (6 ft.);
b. Main internal roads must be a minimum of 15.24 m. (50 ft.) wide; and
c. All other internal roads must be a minimum of 10.06 m. (33 ft.) wide.
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7.4
SECONDARY SUITES
7.4.1
No more than one Secondary Suite shall be permitted on a single zoning site.
7.4.2
The exterior of the Secondary Suite should incorporate building materials, textures, and colours that
are similar to those found on the principal building.
7.4.3
The following regulations apply to a Secondary Suite that is within or attached to a principal dwelling:
a. The principal dwelling must be an existing permanent structure; and
b. The maximum floor area shall not exceed 40% of the total habitable floor space of the principal
dwelling or 80 m² (861.1 ft²) including any finished basement space, whichever is the lesser;
7.4.4
The following regulations apply to a detached Secondary Suite (Coach House & Garden Suites):
a. The maximum floor area shall be no greater than 80 m² (861.1 ft²) including any finished
basement space, and shall not exceed the maximum lot coverage for ancillary structures as
permitted within the zoning bylaw;
b. The maximum building height shall be no greater than:
(i)
8 m. (26.2 ft.) for an above grade Coach House, and
(ii)
5 m. (16.4 ft.) for an at-grade Garden Suite or Coach House.
c.
Where a property with a detached Secondary Suite backs onto a public lane, public right-of-way,
public park, or a property zoned for commercial or industrial uses, the Secondary Suite may
project into a required rear yard, but must be setback a minimum of 3 m. (9.8 ft.); and
d. Minimum separation from the Principal Dwelling shall be 3 m. (9.8 ft.);
7.4.5
A minimum of one on-site parking space must be provided.
7.4.6
A mobile home manufactured under the CSA Z240 MH certification shall not be used as a Secondary
Suite.
7.5
HOME-BASED COMMERCE
7.5.1
All Home-Based Commerce operations, including home-based occupations and industries, shall be
subject to the following general regulations:
a. Uses are limited to those uses which do not interfere with the rights of other residents to a
peaceful enjoyment of their neighborhood;
b. Uses must be accessory to a privately owned single unit dwelling;
c.
The home-based commerce operation must be operated by a resident of the dwelling unit and
shall only be valid during the period of time the dwelling is occupied by said resident;
d. A home-based commerce operation shall not significantly change the principal character or
external appearance of the dwelling unit unless otherwise permitted through a Development
Permit;
e. On-site signs shall be permitted according to Subsection 6.14;
f.
Off-site directional signs not exceeding 0.5 m² (5 ft²) may be permitted at the discretion of
Council where necessary;
g. Home-based commerce operations shall comply with all environmental and public health
standards of the Province of Manitoba. If Council determines that a proposed use may conflict
with these standards, the application shall be referred to the appropriate provincial
department(s) prior to issuing a Development Permit;
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h. A home-based commerce use shall not be permitted if in the opinion of the Municipality, such a
use would be more appropriately located in another Zoning District having regard for, among
other matters, the potential for traffic generation and potential interference with the residential
character of the area;
i.
A Development Permit for a home-based commerce use shall include provisions satisfactory to
the municipality for the following:
(i)
A description of the home-based commerce use;
(ii)
Parking and location for vehicles, equipment, and materials;
(iii)
Appropriate space for garbage and debris;
(iv)
Appropriate fencing/landscaping and/or other screening;
(v)
Hours of operation;
(vi)
Traffic management; and
(vii) Mitigative measures to ensure negative impacts on neighbours are minimized.
j.
Any increase in the operation as originally applied for or approved shall require a new
conditional use approval; and
k. A Development Permit for a home-based commerce operation may be revoked at any time if, in
the opinion of Council, the conditions under which the permit was originally issued are no longer
met.
7.5.2
Home-Based Occupations shall be subject to the following additional provisions:
a. All primary commerce activities must take place inside the existing private dwelling and/or
accessory building or structure and there shall be no outside storage of goods or materials
associated with the home-based commerce activity;
b. The home-based occupation shall not create nuisance by way of dust, noise, vibration, smoke,
odour, etc., not shall it create or cause any fire hazard, electrical interference or traffic
congestions in the neighbourhood or area;
c.
The maximum floor area for a home-based business shall be 55.74 m² (600 ft²);
d. May include limited selling of goods and services related to the Home-Based Occupation; and
e. No more than two non-resident full time equivalent employees shall be permitted.
7.5.3
Home-Based Industries shall be subject to the following additional provisions:
a. The maximum floor area for a home-based industry shall be 232.25 m2 (2,500 ft²);
b. No more than five non-resident full time equivalent employees shall be permitted;
c.
Limited and/or controlled character change to the existing buildings/yard may be permitted;
d. Outside storage of materials, equipment, loading, noise, traffic, hours of operation will generally
exceed those of a home-based occupation, and are permitted within the parameters of the
development permit;
e. May include the selling of goods or services related to the Home-Based Industry;
f.
Should the operation utilize mechanical or electrical equipment, the application shall include
mitigative measures to ensure negative impacts on neighbouring uses are minimized; and
g. Within the RC Zone, Home-Based Industries shall only be considered on lots that existed as of
the date of adoption of this Zoning By-law.
7.6
FARM-BASED COMMERCE
7.6.1
All farm-based commerce operations shall be subject to the following conditions:
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a. Farm-based commerce operations shall only be located on farmstead sites which are accessory
to currently active agricultural operations;
b. The farm-based commerce use shall be valid only during the period of time the property is
occupied as an agricultural operation;
c.
On-site signs shall be permitted according to Subsection 6.14;
d. Off-site directional signs not exceeding 0.5 m² (5 ft²) may be permitted at the discretion of
Council where necessary to provide directions from a highway or main road to the operation;
e. Farm-based commerce operations shall comply with all environmental and public health
standards of the Province of Manitoba. If Council determines that a proposed use may conflict
with these standards, the application shall be referred to the appropriate provincial
department(s) prior to issuing a Development Permit.
f.
A proposed use should not be permitted if in the opinion of Council, such use would be more
appropriately located in another Zoning District having regard for potential traffic generation and
interference with the agricultural character of the area;
g. A Development Permit for a farm-based commerce operation will include provisions satisfactory
to the municipality for the following:
(i)
Adequate on-site parking and location for vehicles and equipment and materials;
(ii)
Garbage and debris to be kept out of public view;
(iii)
Appropriate fencing/landscaping and/or other visual barriers; and
(iv)
Hours of operation;
h. Any increase in the operation as originally applied for or approved shall require a new approval;
i.
Council may also apply special standards in the issuance of a Development Permit limiting the
size of operation including, but not limited to, the size and number of buildings used for the
operation, the number of employees, or the requirement to mitigate negative impacts on
neighbouring uses; and
j.
A Development Permit for a farm-based commerce operation may be revoked at any time if, in
the opinion of Council, the conditions under which the permit was originally issued are no longer
met.
7.7
SWIMMING POOLS
7.7.1
Swimming Pools shall be enclosed with a fence or other suitable barrier constructed in accordance
with the following requirements:
a. A minimum height of 1.5 m. (5 ft.);
b. There shall be no openings, other than a door to a building or a gate as described in (c), and it
shall not be possible for a child to crawl under either the fence or the gate;
c.
Any gate shall be self-closing, shall be at least 1.5 m. (5 ft.) in height and shall be equipped with
a lockable latch to prevent unauthorized entry; and
d. The outside surface of the fence and gate shall be relatively smooth so as not to provide foot or
toe holds.
7.7.2
The following pools are not subject to this By-law:
a. Pools incapable of holding water beyond a maximum depth of 300 millimetre (113⁄4 inch) and
beyond the volume of 4,550 litres (1,000 gallons);
b. Pools owned by a public or government body, agency or authority;
c.
Pools designed and used solely for ornamental purposes;
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d. Farm ponds, which for the purposes of this By-law shall mean a pond which is maintained for
agricultural or horticultural uses only; or
e. Naturally occurring streams, lakes, swamps or other natural bodies of water.
7.7.3
Notwithstanding the requirements outlined in Appendix II, the side and rear yard setbacks for a
swimming pool are a minimum 1.5 m. (5 ft.), all other yard setbacks shall be the same as the site
requirements.
7.7.4
All other requirements must be met in accordance with the Manitoba Building Code on Private
Swimming Pools.
7.8
GAS STATIONS AND AUTOMOTIVE SERVICE STATIONS
7.8.1
Gas Stations and Automotive Service Stations shall be subject to the following requirements:
a. Gas pumps and islands shall be set back 6 m. (20 ft.) from any site line;
b. Underground storage tanks shall be in accordance with The Fire Protection Act;
c.
Propane and natural gas pumps (retail or wholesale) shall be set back according to Provincial
regulations;
d. Access/egress points shall not be continuous along a street and shall be at least 10 m. (32 ft.)
apart;
e. Gas stations or service stations are restricted to locations with access to a paved road; and
f.
Vehicles and parts storage shall not locate in any yard abutting a road and must be screened
from view by a solid fence with the location, height and materials being first approved by the
Designated Officer.
7.9
NATURAL RESOURCE DEVELOPMENTS
7.9.1
In addition to the standard Development Permit application submission regulations, an applicant
proposing to establish a natural resource development including aggregate, forestry, or mineral
mining, may be required to submit the following information:
a. A description of existing land uses immediately adjacent to the site;
b. A description of the proposed operation including:
(i)
Site preparation measures to accommodate the proposed operation;
(ii)
Location and size of proposed equipment storage areas as well as aggregate, topsoil or
peat moss stock pile areas;
(iii)
Access and egress locations on the site;
(iv)
Site security and public safety provisions thereon;
(v)
Infrastructure servicing needs;
(vi)
Existing and anticipated final grades of the excavated land;
(vii) Drainage and water storage provisions;
(viii) Analyses of topography, geology, aquifers, groundwater supply, soils and soil profiles
relative to the proposed operation;
(ix)
Landscaping provisions;
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(x)
The condition in which the site is to be left when the proposed operation is complete, or
the final disposition to be made of the area from which the topsoil or peat moss is to be
removed, including the action which is to be taken for restoring the condition of the
surface of the land to be affected, preventing, controlling or lessening the creation of
erosion or dust from the land, removing goods and materials from the site and providing
for site security and public safety measures; and
(xi)
Traffic management plan including trip generation data - a Traffic Impact Study may be
required.
7.9.2
A dwelling unit is allowed provided it is occupied by the owner/operator or a site watchperson or
caretaker, if necessary.
7.9.3
No parking, loading, storage, trash collection, outdoor service or display area shall be permitted
within a required side or rear yard.
7.9.4
When outside storage of goods and materials is required, such storage shall be located to the rear of
a line adjacent to and parallel with the front wall of the building.
7.9.5
The Natural Resource Development shall comply with all environmental and public health
regulations of the Province of Manitoba. If the Designated Officer believes a proposed Natural
Resource Development may conflict with these regulations, the application shall be referred to the
appropriate Provincial department(s) prior to issuing a Development Permit.
7.9.6
No dwelling unit shall be located within 152.4 m. (150 ft.) from any active Natural Resource
Development.
7.9.7
No dwelling unit shall be located within 15.24 m. (50.00 ft.) from the edge of a right-of-way
established for the transmission of high-pressure natural gas or the transmission of
hydroelectricity in excess of 100 kilovolts;
7.9.8
No dwelling unit or farm building shall be located within an area that has been designated as a
high or medium quality aggregate area by the Manitoba Mines Branch, unless the site has been
reviewed by that Branch and a recommendation provided that would allow development to
proceed;
7.10
SOLID OR LIQUID WASTE DISPOSAL FACILITIES
7.10.1
Development and maintenance of a solid or liquid waste disposal facility shall be subject to the
following standards:
a. A buffer strip containing trees, shrubs or a berm surrounding a solid or liquid waste disposal
facility may be required to the specifications established by Council in the required Development
Permit;
b. Any solid or liquid waste disposal facility may be fenced to a standard as specified by Council;
c.
Development of a solid or liquid waste disposal facility shall also be subject to the minimum
separation distance set out in Table 7.1 below and measured between the fence, berm, or edge
of the facility (as the case may be) and the nearby building development.
d. No liquid waste disposal lagoon shall be permitted within 1600 metres of the boundary of an
urban municipality unless written approval from the urban municipality adjacent to the
development is obtained from the council of the adjacent municipality. Additional
environmental and odour mitigation measures may be required for sites within 1600 metres.
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Table 7-1: Mutual Separation Distance for Solid/Liquid Waste
Disposal Facilities
Use
Minimum Separation
Distance to Solid Waste
Facility
Minimum Separation
Distance to Liquid Waste
Facility
Dwelling
800 m. (2,624 ft.)
457 m. (1,500 ft.)
Intensive rural residential
subdivision, community residential,
general development or urban
municipality
1,600 m. (5,249 ft.)
600 m. (1,968 ft.)
Commercial or industrial use
300 m. (984 ft.)
300 m. (984 ft.)
7.11
SOLAR ENERGY GENERATING SYSTEMS
7.11.1
All solar energy systems must meet the following standards:
a. Any solar energy system not connected to a building shall adhere to the same setbacks and
height restrictions for accessory buildings for the zone in which the installation is situated;
b. A roof or wall-mounted solar collector shall not exceed, in size, the total square footage of the
principal structure;
c. A solar collector that is mounted on a roof may project a maximum of five (4) feet form the
surface of the roof but may not extend beyond the outermost edge of the roof; and
d. A solar energy system that is mounted on a wall may project a maximum of two (2) feet from
the surface of the wall and must be located a minimum of eight (8)( feet above grade.
7.12
WIND ENERGY GENERATING SYSTEMS
7.12.1
A commercial Wind Energy Generating System (WEGS) must meet the following standards:
a. A commercial WEGS turbine facility must be setback a distance equal to the height of the
WEGS plus 9.14 m. (30 ft.) from the property line unless appropriate agreements or
easements are in place with adjacent property owners. The total height of any WEGS shall be
measured from the ground to the uppermost extension of any rotor blade;
b. All commercial WEGS must adhere to a 30-m. separation distance from any water body or
waterway;
c. In addition to satisfying the minimum yard requirements, the minimum separation distance
between a commercial WEGS tower and the nearest habitable buildings shall be 457.2 m.
(1,500 ft.);
d. All WEGS shall observe a minimum separation distance of 457.2 m. (1,500 ft.) from the
boundary of any City, Rural Residential area, or Village area;
e. Commercial WEGS shall not contain any artificial lighting, other than what is required by
federal and provincial regulations;
f.
Commercial WEGS shall not have any advertising or signage, other than the manufacturer's or
owners name or logo;
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g. As part of their Development Permit application, proponents for commercial WEGS must
submit a detailed site plan showing the location of wall wind generating devices, associated
accessory buildings or structures, electrical lines (above or below ground), on-site roads, and
driveways providing access the public road system;
h. Proponents of WEGS are responsible for obtaining any required federal or provincial permits
or approvals from any agencies and a copy of such permits of approvals must be remitted to
the municipality;
i.
Where a WEGS is proposed on a site that is not under the ownership of the proponent, they
will be required to enter into an easement agreement with the owner of the property in order
to secure on-going access to the WEGS; and
j.
Where in the opinion of the Municipality, the distances referred to in this section are not
sufficient to reduce the potentially negative impact of WEGS due to the proposed number or
density, the existing number or density of other uses in the general vicinity, the proximity to a
public road, or any other reason that the Municipality believes is relevant, Council may vary
the required distances.
7.12.2
An On-site Use WEGS must meeting the following standards:
a. An on-site use WEGS must be setback at least 6 m. (20 ft.) behind the front facing wall of the
principal building, or in the case of corner lots, at least 4.5 m. (15 ft.) from the front and side
site lines;
b. On-site use WEGS are permitted to exceed the maximum heights permitted in the Bulk Table
found in Appendix II, up to a maximum 4.5 m. (15 ft.) above the roof of the principal building;
and
c. An on-site use WEGS must be safely and securely attached to a rooftop in compliance with the
National and Provincial Building Codes.
7.13
WASTE TRANSFER STATION
7.13.1
Development and maintenance of a waste transfer station shall be subject to the following
standards:
a. The site should be located on a major haul route to the landfill and designed with a controlled
site exit and entry and signage indicating the name of the facility, emergency contacts and a list
of materials accepted and unaccepted for transfer;
b. Facilities should not be located in the 1:200 year flood plain or in any area which has a greater
than 1% chance of flooding in any year;
c.
There shall be a setback of 30 m. (98.43 ft.) from the transfer area to the nearest property
boundary and / or nearest back top or high-water mark of any water course or water resource,
including any off-site well used as a water supply;
d. There shall be a separation distance of 90 m. (295.28 ft.) from the transfer area to the
foundation or pad of the nearest off-site building or structure;
e. The facility must include features to minimize the generation of leachate and odours; and
f.
The site design should incorporate a vegetated or landscaped buffer of at least 15 m. (49.21 ft.)
around the perimeter of the transfer area.
7.14
HEAVY INDUSTRIAL USES
7.14.1
Council may require additional information for the developed of a Heavy Industrial site including, but
not limited to, impacts to neighbouring land uses, levels of nuisance, access, circulation, and
potential truck traffic.
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7.14.2
Development and maintenance of heavy industrial or manufacturing operations as a principal or
accessory use shall be subject to the following:
a. Where the potential for pollution of the groundwater resources is identified, any appropriate
mitigative measures acceptable to the Manitoba Sustainable Development shall be
implemented; and
b. Industrial development that emits, produces, processes, handles, or stores hazardous materials
or hazardous wastes shall be subject to appropriate mitigative measures acceptable to
Manitoba Sustainable Development.
7.14.3
Containment ponds shall be constructed so as to minimize any seepage into underlying aquifers.
7.14.4
All new storage tanks and all storage tank replacements shall:
a. Be situated above ground;
b. Have a secondary containment with dykes, impervious liners or equivalent leak detection;
and/or
c.
Install a monthly statistical inventory reconciliation system.
7.15
ANHYDROUS AMMONIA FACILITIES
7.15.1
Any Anhydrous Ammonia Facility shall be located at least:
a. 1.61 kilometres (1.00 mile) from Community Zoning Districts or the City of Morden or City of
Winkler;
b. 792.48 m. (2,600.00 ft.) from any residential or institutional development located outside
Community Zoning Districts; and
c. 100 m. (328.08 ft.) from the right-of-way of a Provincial Trunk Highway, Provincial Road or
Provincial Access Road.
7.15.2
An Anhydrous Ammonia Facility shall not be located above the Winkler Aquifer or the Massey Aquifer.
7.16
KEEPING OF ANIMALS
7.16.1
In the GD Zone, livestock outlined below, including any associated buildings or structures, may be
kept as accessory to a dwelling, under the following conditions:
a. The keeping to a maximum of one hog, goat or sheep with a minimum of 2.0 acres of land to a
maximum of 2 hogs, goats or sheep per site;
b. The keeping to a maximum of 20 chickens per site; and
c. The keeping to a maximum of 10 turkeys, ducks or geese per site.
7.16.2
In the RC Zone, livestock outlined below, including any associated buildings or structures, may be
kept as accessory to a dwelling on a parcel that existing as of the date of the adoption of this Zoning
By-law and under the following conditions:
a. The keeping to a maximum of one hog, goat or sheep with a minimum of 2.0 acres of land to a
maximum of 2 hogs, goats or sheep per site;
b. The keeping to a maximum of 20 chickens per site; and
c. The keeping to a maximum of 10 turkeys, ducks or geese per site.
7.16.3
In the AG, AL and RR Zones, livestock totalling under 10 Animal Units (AU) and up to 0.67 AU per
acre, including any associated buildings or structures, may be kept as accessory to a dwelling. See
Appendix III to calculate AUs.
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7.16.4
Minimum setback of 7.62 m. (25 ft.) from all property lines shall be required for all pens, coups,
aviaries, hutches, and similar enclosures, and free-range areas. Within the GD and RC Zones,
buildings and structures must be located in the rear yard of properties.
7.16.5
The keeping of livestock shall not interfere with the use and enjoyment of adjacent land uses as
determined by the Designated Officer.
7.16.6
Beekeeping as an accessory use is allowed in the RR Zone only and is subject to the following
criteria:
a. A maximum of 4 bee hives are allowed;
b. Bee hives shall be located a minimum of 6.1 m. (20 ft.) from property lines;
c.
Bee hives shall be located a minimum of 30.48 m. (100 ft.) from any off-site dwelling;
d. Bee hives are located in the rear yard only;
e. To ensure the appropriate height of honeybee flight path:
(i)
A beehive must be situated 2.44 m. (8 ft.) or more above ground level;
(ii)
The beehive entrance must be directed away from the neighbouring property and situated
behind a solid fence or hedge that is 1.83 m. (6 ft.) in height running parallel to the
property line; or
(iii)
A beehive will be located a minimum of 7.62 m. (25 ft.) away from the neighbouring
property line.
7.17
ANIMAL SHELTER, POUNDS, KENNELS, VETERINARY FACILITIES
7.17.1
The following additional considerations shall be made for an Animal Shelter, Pounds, Kennels, and
Veterinary Facilities:
a. No building or exterior exercise area(s), shall be used to accommodate the animals, or allowed
within 300 m. (1000 ft.) of any dwelling located on adjacent lots;
b. All facilities, including buildings and exterior exercise areas, shall be sited behind the principal
building unless otherwise approved by Council;
c.
All facilities shall be visually screened from existing dwellings on adjoining lots;
d. A use shall at no time unduly interfere with the character of the area or the general enjoyment of
adjoining sites; and
e. Failure to comply with any of the above regulations or the conditions of a Development Permit
may result in the revoking of the permit by the Municipality.
7.18
LIVESTOCK OPERATIONS
7.18.1
All Livestock Operations shall meet the mutual separation distances as outlined in Appendix IV
based on the AU calculations and criteria outlined in Appendix III. Mutual separation distances to
dwellings will be measured to the building itself. Separation distances to designated areas will be
measured to the boundaries of the designated areas as identified by the Designated Officer.
7.18.2
For the purposes of this section of the By-law, the calculation of AUs shall be cumulative across the
species as determined by the Province of Manitoba. See Appendix III for additional information.
7.18.3
In addition to the standard development application submission regulations, applications for
Livestock Operations producing up to and including 299 AU shall:
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a. Meet or exceed all applicable provincial or federal government environmental health
regulations in force at the time of the permit application from the province for the expansion
or modification of a livestock operation;
b. Have an adequate land base that is either owned or leased by the proponent to carry out the
proposed operation requirements; and
c. Ensure all manure storage facilities and confinement facilities conform to all applicable
provincial government regulations.
7.18.4
In addition to the standard development application submission regulations, and the requirements
for Livestock Operations up to and including 299 AU, applications for Livestock Operations involving
300 or more AU shall:
a. Be sent to the Minister for referral to the Technical Review Committee;
b. Be subject to any measures required to implement the recommendations of the Technical
Review Committee, if imposed by Council;
c.
Submit analyses of geology, aquifers, and groundwater supply, soils and soil profiles, crop
production/nitrogen/phosphorus utilization, and surface drainage relative to the proposed
operation if requested by the Designated Officer or as required by the Technical Review
Committee; and
d. Submit a letter signed by the applicant and agricultural engineer (or other qualified professional)
certifying the contents of all information submitted as part of the application, if required by the
Designated Officer in consultation with the Technical Review Committee.
7.18.5
Notwithstanding any other site regulations set forth in this By-law, no Livestock Operation shall be
situated on a site less than 40 acres in area.
7.18.6
A Livestock Operation shall be considered a conditional use where, under ownership or by way of
agreement, it has less than 1.25 acres per AU of land available for animal manure disposal.
7.18.7
In addition to the notice provisions in The Act, prior to any hearing of an application for a conditional
use permit to establish or expand a livestock operation, the following notice is required:
a. 10 - 49 AU, send notice by regular mail to every residence within 100 m. (328 ft.);
b. 50 - 299 AU, send notice by regular mail to every residence within 1600 m. (1 mile); and,
c.
300+ AU and all earthen manure storage facilities, send notice by regular mail to every
residence within 3000 m. (1.86 mile).
These notice provisions apply mutually to any hearing of an application for a conditional use permit
to establish or expand a dwelling unit not within a designated residential area and in the vicinity of a
livestock operation. Notice is required in accordance with Section 2.6.4 of this By-law.
7.19
MANURE STORAGE AND DISPOSAL
7.19.1
In no case, shall any permanent and composted manure storage from any livestock operation in any
Agricultural Zoning District be:
a. stored within 100 m. (328 ft.) of a water course, body of water, or well; and
b. stored within 100 m. (328 ft.) of the property line of the operator.
Note: Requirements under this section reflect Manitoba Regulation 42/98 and therefore cannot be varied. Compliance with these
requirements does not relieve the operator from compliance with complementary or additional requirements which may be required under
Manitoba Regulation 42/98-Livestock Manure and Mortalities Management Regulation.
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7.20
COMMERCIAL COMPOSTING
7.20.1
Composting for commercial purposes in the Agricultural Zoning Districts must adhere to the following
development standards:
a. The processing of composting material, including material undergoing initial decomposition and
material undergoing secondary curing before being applied to land, must not occur within 30 m.
(98.43 ft.) of any parcel boundary or domestic water supply intake, nor within 15 m. (49.21 ft.)
of any natural watercourse or constructed ditch; and
b. Initial decomposition of compostable waste for operations within 457.2 m. (1,500 ft.) of a
residential zone must be contained in a vessel or on a site from which potential odours can be
mitigated.
7.20.2
Composting for commercial purposes in the Industrial General Zoning District must adhere to the
following development standards:
a. Composting materials undergoing initial decomposition must be contained in a closed reactor or
vessel in which conditions such as moisture, temperature, and oxygen levels can be closely
monitored and controlled, and from which odours detectable by humans cannot escape; and
b. Equipment for the shredding or grinding of materials must be located within a structure having
solid walls and a roof so that any noise generated by the equipment is attenuated.
7.20.3
Composting materials undergoing secondary curing or being stored prior to initial decomposition
must be stored on an impermeable surface and any leachate must be collected, such that any
contaminants leaching from the composted materials cannot enter the groundwater table.
7.20.4
Council may prescribe additional standards on a case-by-case basis related to screening,
landscaping, and buffering as appropriate.
7.21
GREENHOUSES AND PLANT NURSERIES
7.21.1
Any landscaping material sales in a greenhouse and plant nursery shall occupy no greater than 10%
of the site area to a maximum of 2,000 m² (21,527.82 ft²).
7.22
METAL SHIPPING CONTAINERS (SEA CANS)
7.22.1
Metal shipping Containers must adhere to the following standards:
a. If used for more than 90 days per calendar year, a shipping container is considered an
accessory building and must meet the requirements for accessory buildings in the zone in which
it is located;
b. Shipping containers, when stacked, must not exceed the maximum height for accessory
buildings for the zone; and
c.
If used for less than 90 days per calendar year, a shipping container is considered temporary
and may be used for temporary storage or emergency purposes, provided it meets the
requirements for temporary buildings and structures in this By-law.
7.22.2
Metal Shipping Containers used for storage should generally be kept out of sight of public view.
7.22.3
Any Development Permit approving a shipping container will include provisions regarding the number
of shipping containers allowed on the site and may include requirements for a site plan.
7.23
DEVELOPMENT IN THE VICINITY OF MORDEN AND WINKLER
7.23.1
Notwithstanding other requirements of this by-law, no Heavy Manufacturing, Waste Transfer Station,
RM of Stanley Zoning By-law No. 8-18
62
Commercial Composting or Wrecking Yard uses shall be allowed to establish in the City and Corridor
Interface as identified in the Stanley Corridor Secondary Plan.
RM of Stanley Zoning By-law No. 8-18
63
PART D: ZONING MAPS
RM of Stanley Zoning By-law No. 8-18
Section 8: Zoning Maps
Map 1: Overview
Map 2: City of Morden Area
Map 3: City of Winkler Area
Map 4: Stanley Corridor
Map 5: Blumenfeld
Map 6: Chortitz
Map 7: Friedensfeld
Map 8: Haskett
Map 9: Hochfeld
Map 10: Neuenberg
Map 11: Osterwick
Map 12: Reinfeld
Map 13: Reinland
Map 14: Rosebrook Place
Map 15: Schanzenfeld
Map 16: Thornhill
Map 17: Friedensruh
APPENDIX I - USE TABLE
AGRICULTURAL
DISTRICTS
COMMUNITY
DISTRICTS
BUSINESS
DISTRICTS
SENSITIVE
LANDS
DISTRICTS
Use-
Specific
Standards
LEGEND
P - Permitted Use
C - Conditional Use
* - Use Specific Standard Apply
AG Agricultural
General
RR Rural Residential
SC Stanley Corridor
EP Environmental
Protection
GD General Development
AL Agricultural
Limited
RC Community Residential
MG General
Industrial
OS Recreation and
Open Space
RMH Residential Manufactured Home
HW Hospitality and Wellness
Agricultural Uses
AG
AL
RR
GD
RC
RMH
HW
SC
MG
EP
OS
Section
Agri-Business
P
P
C
C
-
-
-
P
P
-
-
-
General Agriculture
P
P
C ①
C ①
-
-
P ①
P ①
P ①
P
C
-
Specialized Agriculture
P
P
C
-
-
-
-
P ①
P
-
-
-
Agricultural Product Storage
P
P
C
C
-
-
-
-
P
-
-
-
Anhydrous Ammonia Facility
C*
C*
-
-
-
-
-
-
-
-
-
7.15
Communal Farm
C
C
C
C
-
-
-
-
-
-
-
-
Farm Produce Outlet
P
P
P
C
C
-
C
P
C
C
C
-
Greenhouse or Plant Nursery
P*
P*
C*
C*
-
-
P*
P*
P*
C*
P*
7.21
Game Farm
C
-
-
-
-
-
-
-
-
-
-
-
Livestock Auctioneering Establishment
C
C
C
-
-
-
-
-
-
-
-
-
Livestock Operation 100 or less AU (existing)
P*
C*
C*
C*
-
-
-
-
-
-
-
7.18, 7.19
Livestock Operation 100 or less AU (new)
P*
C*
-
-
-
-
-
-
-
-
-
7.18, 7.19
Livestock Operation 101-299 AU
P*
C*
-
-
-
-
-
-
-
-
-
7.18, 7.19
Livestock Operation 300+ AU (existing)
C*
C*
-
-
-
-
-
-
-
-
-
7.18, 7.19
Livestock Operation 300+ AU (new)
C*
-
-
-
-
-
-
-
-
-
-
7.18, 7.19
Commercial Sales and Service
Uses
AG
AL
RR
GD
RC
RMH
HW
SC
MG
EP
OS
Section
Animal Shelter, Pound, Kennel or Veterinary Facility
P*
C*
C*
C*
-
-
P*
P*
P*
-
-
7.17
Auctioneering Establishment (excluding storage/sales of
livestock)
P
C
-
-
-
-
-
C
C
-
-
-
Drive-in or Drive-Through Establishment
-
-
-
C
-
-
P
P
C
-
-
-
Eating or Drinking Establishment
-
-
-
C
-
-
P
P
C
-
-
-
Equipment Rental, Sales, and Service
-
-
-
-
-
-
-
P
P
-
-
-
Funeral Service
-
-
-
C
-
-
C
C
-
-
-
-
General Contractor
-
-
C
C
-
-
C
P
P
-
-
-
General Retail Sales and Service (unless otherwise listed)
-
-
C
C
-
-
P
P
-
-
-
-
Grocery or Supermarket
-
-
-
C
-
-
P
P
-
-
-
-
Home Improvement Store
-
-
-
C
-
-
P
P
P
-
-
-
Hotel or Motel
-
-
-
-
-
-
P
P
-
-
-
-
Landscape or Garden Contractor
P
C
C
C
-
-
-
C
P
-
-
-
Office
-
-
-
C
-
-
P
P
C
-
-
-
Personal Service Shop
-
-
-
C
-
-
P
P
-
-
-
-
Community, Recreation and
Public Services Uses
AG
AL
RR
GD
RC
RMH
HW
SC
MG
EP
OS
Section
Campground
C
C
C
C
-
-
-
-
-
-
C
-
Cemetery
C
C
C
C
-
-
-
-
-
-
C
-
Child Care Service
C
C
C
C
C
C
P
C
-
-
-
-
Community Centre or Hall
-
-
C
C
C
C
P
C
-
C
P
-
Community Resources Centre
-
-
C
C
-
-
-
-
-
-
-
-
Golf Course
-
-
-
-
-
-
-
-
-
-
P
-
Hospitals and Medical Services
-
-
-
P
C
C
P
P
-
-
C
-
Institutional Residence
-
-
-
P
-
-
P
P
-
-
C
-
Library, Museum or Gallery
-
-
C
P
C
C
P
C
-
-
P
-
Outfitter
C
C
C
C
-
-
-
-
-
-
C
-
Places of Worship
-
-
C
C
C
C
-
-
-
-
C
-
Private Club
-
-
-
C
-
-
-
C
-
-
C
-
Protective Emergency Service
C
P
P
P
C
C
P
P
P
C
-
-
Public Parks, Playgrounds, Gardens, and Historical Sites
C
C
C
P
P
P
P
P
-
C
P
-
Public Utility
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
-
Race Track
C
C
-
-
-
-
-
-
-
-
C
-
Recreation Facility, Indoor
-
-
-
C
-
-
P
P
-
-
C
-
Recreation Facility, Outdoor
C
C
-
C
-
-
C
C
C
-
C
-
School
-
-
C
C
C
C
P
C
-
-
-
-
Transportation and Automotive-
Related Uses
AG
AL
RR
GD
RC
RMH
HW
SC
MG
EP
OS
Section
Airport or Aircraft Landing Field
C*
C*
-
-
-
-
-
-
C*
-
-
6.23
Automotive Sales, Service, Repair and Rental
-
-
C
C
-
-
-
P
P
-
-
-
Gas Station or Automotive Service Station
-
-
C*
C*
-
-
C*
P*
P*
-
-
7.8
Heavy Equipment Sales, Service, and Rental
-
-
-
-
-
-
-
P
P
-
-
-
Parking Lot or Structure
-
-
-
C
C
-
-
C
P
-
-
-
Towing and Storage Facility
-
-
-
C
-
-
-
C
P
-
-
-
Truck stop
-
-
-
-
-
-
-
P
P
-
-
-
Industrial Uses
AG
AL
RR
GD
RC
RMH
HW
SC
MG
EP
OS
Section
Abattoir
C
-
-
-
-
-
-
-
-
-
-
-
Brewery/Distillery/Winery
C
C
-
C
-
-
-
P
P
-
-
-
Bulk Fuel Storage Facility
C
C
-
-
-
-
-
C
C
-
-
-
Commercial Composting
C*
C*
-
-
-
-
-
-
C*
-
-
7.20, 7.23
Communication Towers
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
7.2
Manufacturing, Heavy
-
-
-
-
-
-
-
-
C*
-
-
7.14. 7.23
Manufacturing, Light
-
-
-
C
-
-
-
P
P
-
-
-
Natural Resource Developments
C*
C*
-
-
-
-
-
-
-
-
C*
7.9
Recycling Depot
C
C
-
-
-
-
-
C
P
-
-
-
Research and Technology Facility
-
-
-
-
-
-
-
P
P
-
-
-
Self or Mini Storage
-
C
-
C
-
-
-
P
P
-
-
-
Solar Energy Farm
P*
C*
P*
-
-
-
-
-
P*
C*
P*
7.11
Solid or Liquid Waste Disposal Site
C*
C*
-
-
-
-
-
-
-
-
-
7.10
Warehouse and Distribution
-
-
-
-
-
-
-
C
P
-
-
-
Waste Transfer Station
C*
-
C*
C*
C*
-
-
-
C*
-
-
7.13, 7.23
Wind Energy Generating Station (Commercial)
C*
C*
-
-
-
-
-
-
C*
C*
-
7.12.1
Wrecking Yard
C*
-
-
-
-
-
-
-
C*
-
-
7.23
Residential Uses
AG
AL
RR
GD
RC
RMH
HW
SC
MG
EP
OS
Section
Dwelling, Manufactured Home
C*
C*
C*
C*
C*
P*
-
-
-
-
-
7.3
Dwelling, Multiple Unit
-
-
C
C
C
-
-
-
-
-
-
-
Dwelling, Single Unit
C
C
P
P
P
-
-
-
-
-
-
-
Dwelling, Two Unit
-
-
C
C
C
-
-
-
-
-
-
-
Manufactured Home Park
-
-
-
-
-
P*
-
-
-
-
-
7.3
Accessory Uses
AG
AL
RR
GD
RC
RMH
HW
SC
MG
EP
OS
Section
Accessory Uses, not listed
C
C
C
C
C
C
C
C
C
-
C
-
Animal Grooming/Boarding/Breeding
P
P
C
C
C
C
-
-
-
-
-
-
Bed & Breakfast
P
P
C
C
C
-
-
-
-
-
-
-
Caretaker's Suite ④
P
P
C
C
-
-
-
P
P
-
C
-
Drive-in or drive-through
-
-
-
-
-
-
P
P
P
-
-
-
Farm Buildings and Structures ③
P
P
-
-
-
-
-
-
-
-
-
-
Farm-Based Commerce ③
P*
P*
-
-
-
-
-
-
-
-
-
7.6
Farmstead Dwelling ③
C
C
-
-
-
-
-
-
-
-
-
-
Home Day Care ②
C
C
C
C
C
C
C
C
-
-
-
-
Home-Based Industry ②
P*
P*
C*
C*
C*⑤
-
-
-
-
-
-
7.5
Home-Based Occupation ②
P*
P*
P*
P*
P*
C*
-
-
-
-
-
7.5
Keeping of Animals ②
P*
P*
P*
P*
P*
-
-
-
-
-
-
7.16
Metal Shipping Containers
P*
P*
P*
C*
-
-
-
P*
C*
C*
C*
7.22
Outdoor Storage
P*
P*
C*
C*
-
-
-
C*
P*
-
-
6.13
Private Garage or Shed ②
P
P
P
P
P
P
P
P
P
-
-
-
Private Wireless Communication ②
P
P
P
P
P
P
P
P
P
-
C
-
Secondary Suite (Attached) ②
P*
P*
P*
P*
P*
-
-
-
-
-
-
7.4
Secondary Suite (Detached) ②
P*
P*
C*
C*
C*
-
-
-
-
-
-
7.4
Signs
P*
P*
P*
P*
P*
P*
P*
P*
P*
-
P*
6.14
Solar Energy System (On-Site)
P*
P*
P*
P*
P*
P*
P*
P*
P*
7.11
Swimming Pool ②
P*
P*
P*
P*
P*
P*
-
-
-
-
-
7.7
Wind Energy Generating Station (On-Site)
P*
P*
P*
P*
P*
P*
P*
P*
P*
-
-
7.12.2
Notes
① Until such time as the land is developed.
② When accessory to a residential use.
③ When accessory to an agricultural use.
④ When accessory to a commercial or industrial use, enclosed within the principal building and a maximum of 55.74 m² (600 ft²) in area.
⑤ May only be considered on parcels that existing as of the date of adoption of this Zoning By-law.
APPENDIX II - BULK TABLE
Agricultural
Districts
Community Districts
Business Districts
Sensitive Land
Districts
AG
AL
RR
GD
RC
RMH ⑥
HW
SC
MG
EP
OS
Permitted and Conditional Uses
Site Area (min. ac.) - Agricultural Activities and Livestock
Operations
80 ac ⑦
80 ac ⑦
-
-
-
-
-
-
-
-
-
Site Area (min. ac.) - Permitted or Conditional use other
than Agricultural Activities and Livestock Operations
2 ac
2 ac
2 ac
2 ac
.40 ac ⑤
2.3 ac
2 ac
2 ac
2 ac
2 ac
2 ac
Site Width (min. ft.)
400 ft.
400 ft.
200 ft.
150 ft. ⑤
80 ft. ⑤
220 ft.
50 ft.
150 ft.
150 ft.
150 ft.
150 ft.
Front Yard (min. ft.) ①
125 ft.
125 ft.
125 ft.
50 ft.
40 ft.
10 ft.
20 ft.
75 ft.
75 ft.
75 ft.
75 ft.
Front Yard (min. ft.) where abutting a Mun./Prov. Right-
of-way (ROW) ①
125 ft.
125 ft.
125 ft.
50 ft.
50 ft.
50 ft.
50 ft.
50 ft.
50 ft.
50 ft.
50 ft.
Rear Yard (min. ft.)
25 ft.
25 ft.
25 ft.
25 ft.
25 ft.
10 ft.
15 ft.
15 ft.
10% site
depth ②
25 ft.
25 ft.
Side Yard (min. ft.)
20 ft.
20 ft.
20 ft.
10 ft.
10 ft.
5 ft.
10 ft.
20 ft.
20 ft.
15 ft.
20 ft.
Side Yard abutting a Prov. ROW ①
75 ft.
75 ft.
50 ft.
50 ft.
40 ft.
40 ft.
40 ft.
50 ft.
50 ft.
50 ft.
50 ft.
Corner Side yard (min. ft.)
125 ft.
125 ft.
125 ft.
25 ft.
25 ft.
10 ft.
10 ft.
15 ft.
15 ft.
25 ft.
25 ft.
Building Height (max. ft.)
-
-
-
35 ft.
35 ft.
25 ft.
75 ft.
75 ft.
75 ft.
-
35 ft.
Dwelling Unit Area (min. sq. ft.)
-
-
800 sq. ft.
800 sq. ft.
800 sq. ft.
-
-
-
-
-
-
Accessory Uses
Front Yard (min. ft.)
125 ft.
125 ft.
125 ft.
50 ft.
50 ft.
20 ft.
75 ft.
75 ft.
75 ft.
50 ft.
50 ft.
Rear Yard (min. ft.)
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
2 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
Side Yard (min. ft.)
10 ft.
10 ft.
10 ft.
5 ft.
5 ft.
3 ft.
5 ft.
10 ft.
10 ft.
10 ft.
10 ft.
Corner Side yard (min. ft.)
75 ft.
75 ft.
50 ft.
25 ft.
25 ft.
10 ft.
25 ft.
25 ft.
25 ft.
25 ft.
25 ft.
Building Height (max. ft.)
-
-
30 ft.
-
20 ft.
30 ft.
45 ft.
45 ft.
45 ft.
-
35 ft.
Site Coverage (max. ft²)
-
-
-
10%
10% ④
10%
-
-
-
-
-
Separation from other on-site buildings (min. ft.) ③
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
5 ft.
10 ft.
6 ft.
6 ft.
-
-
Notes
① Minimum setback is the greater of setback stated or minimum required by Manitoba Infrastructure, whichever is larger.
② Except where the rear yard abuts a residential use, in which case 30 ft. shall be required.
③ Separation between Accessory buildings or structures and Principal buildings or structures shall be measured clear of all projections.
④ Accessory buildings in the RC Zone shall be no larger than 1,200 ft² in area or no larger than the principal building, whichever is the lesser.
⑤ Notwithstanding the minimum site size listed herein, RC sites utilizing a septic field wastewater system must meet the minimum provincial standard of 2 acres and a minimum site width of 198 ft.
⑥ For dimensional standards for spaces within a manufactured home park, see Section 7.3.
⑦ For special variance provisions for agricultural parcels subdivided pursuant to MSTW Development Plan Policy 8.3.6, please see Section 2.7.3.
APPENDIX III - ANIMAL UNIT TABLE
Category of Livestock
Animal Units (AU)
Produced by
One Livestock
Number of Livestock to
Produce One
Animal Unit (AU)
Dairy
Milking Cows
2
0.5
Beef
Beef Cows
1.25
0.8
Backgrounders
0.5
2
Summer pasture / replacement
heifers
0.625
1.6
Feeder Cattle
0.769
1.3
Hogs
Sows, farrow to finish
1.25
0.8
Sows, farrow to weanling
0.25
4
Sows, farrow to nursery
0.313
3.2
Weanlings
0.033
30
Growers / finishers
0.143
7
Boars
0.2
5
Chickens
Broilers
0.005
200
Roasters
0.01
100
Layers
0.0083
120
Pullets
0.0033
300
Broiler Breeder Pullets
0.0033
300
Broiler Breeder Hens
0.01
100
Turkeys
Broilers
0.01
100
Heavy Toms
0.02
50
Heavy Hens
0.01
100
Horses
Mares
1.333
0.75
Sheep
Ewes
0.2
5
Feeder Lambs
0.063
16
NOTE:
"Animal unit" means the number of animals of a particular category of livestock that will excrete 73 kg of total nitrogen in a
12-month period. To calculate the number of animal units, multiply the number of livestock (head) by the animal units
produced (i.e.: number of livestock x animal units produced by one livestock = number of animal units).
APPENDIX IV - MINIMUM SEPARATION
DISTANCES FOR LIVESTOCK OPERATIONS
Size of Livestock
Operation in
Animal Units
Separation Distance in Metres (Feet)
From a Residence
Separation Distance in Metres
(Feet) From a Designated Area
To Earthen
Manure Storage
Facility or
Feedlot
To Animal
Confinement
Facility or Non-
earthen Manure
Storage Facility
To Earthen
Manure Storage
Facility or
Feedlot
To Animal
Confinement
Facility or Non-
earthen Manure
Storage Facility
10 - 100
200 (656)
100 (328)
800 (2,625)
530 (1,739)
101 - 200
300 (984)
150 (492)
1200 (3,937)
800 (2,625)
201 - 300
400 (1,312)
200 (656)
1600 (5,249)
1070 (3,511)
301 - 400
450 (1,476)
225 (738)
1800 (5,906)
1200 (3,937)
401 - 800
500 (1,640)
250 (820)
2000 (6,561)
1330 (4,364)
801 - 1,600
600 (1,968)
300 (984)
2400 (7,874)
1600 (5,249)
1,601 - 3,200
700 (2,297)
350 (1,148)
2800 (9,186)
1870 (6,135)
3,201 - 6,400
800 (2,625)
400 (1,312)
3200 (10,499)
2130 (6,988)
6,401 - 12,800
900 (2,953)
450 (1,476)
3600 (11,811)
2400 (7,874)
>12,800
1000 (3,281)
500 (1,640)
4000 (13,123)
2670 (8,760)
APPENDIX V - MINIMUM MUTUAL SEPARATION
DISTANCES TO DWELLINGS
The following table outlines mutual separation distances between specific uses and dwellings that are
required throughout the By-law. For ease of interpretation, they have been compiled in this Appendix. For
clarification purposes, the specific Subsection of the By-law should be referenced.
Use
Separation Distance
Subsection
Reference
Airports
a) 60.96 m. (200.00 ft.) strip parallel to and on either side of
the centerline of a runway; and
b) 243.84 m. (800.00 ft.) from either end of a runway
Subsection 6.23
Anhydrous Ammonia
Facility
792.48 m. (2,600 ft.)
Subsection 7.14
Commercial WEGS Tower
457 m. (1,500 ft.)
Subsection 7.11
Liquid Waste Disposal
457 m. (1,500 ft.)
Subsection 7.10
Livestock Operations
Dependent on size of livestock operation
Subsection 7.17 and
Appendix IV
Natural Resource
Developments
152.4 m. (500 ft.)
Subsection 7.9
Solid Waste Disposal
800 m. (2,624 ft.)
Subsection 7.10
Transmission Line right-
of-way (natural gas or
electricity)
15.24 m. (50 ft.)
Subsection 7.9.7
RM OF ROLAND
RM OF THOMPSON
MUNICIPALITY
OF RHINELAND
MUNICIPALITY
OF PEMBINA
UNITED STATES OF AMERICA
31
36
31
36
31
36
6
36
31
31
36
1
36
31
6
31
1
6
36
31
1
6
36
31
1
36
1
6
1
6
1
City of Morden
City of Winkler
RGE 6W
RGE 5W
RGE 4W
TWP 1
TWP 2
TWP 3
TWP 2
TWP 1
TWP 3
Shannon Creek
Thornhill Coulee
Deadhorse Creek
Hespler Drain
Rosenheim Drain
Buffalo Drain
Buffalo Creek
Pembina River
Walkof Coulee
AL
AG
AL
AG
AL
EP
AG
RR
RR
RR
RR
OS
RR
RR
RR
RR
RR
RR
RR
RR
RR
RR
RR
OS
OS
RR
OS
AL
Deadhorse Creek
Lake Minnewasta
RR OS
RR
RR
RR
RR
MG
RR
243
201
201
432
201
521
428
432
201
32
32
32
3
14
14
3
3
32
32
14
Rural Municipality of
Stanley
Zoning By-Law # 8-18
AG - Agriculture General
AL - Agriculture Limited
GD - General Development
MG - Industrial General
RR - Rural Residential
EP - Environmental Protection
OS - Open Space and Recreation
Municipal Boundary
Assessment Parcels
Waterbody
Waterways
Access Road
Provincial Road
Provincial Trunk Highway
International Border
O
0
2
4
1
Miles
0
2
4
6
1
Kilometers
See Map 16:
Thornhill
See Map 4:
Stanley Corridor
See Map12:
Reinfeld
See Map14:
Rosebrook
Place
See Map15:
Schanzenfeld
See Map 6:
Chortitz
See Map 11:
Osterwick
See Map 10:
Neuenberg
See Map 9:
Hochfeld
See Map 5:
Blumenfeld
See Map 7:
Friedensfeld
See Map 13:
Reinland
See Map 8:
Haskett
See Map 17:
Friedensruh
**By-Law
8-21**
**By-Law
2-20**
**By-Law
15-21**
Map 1
**Consolidated June , 2021
City of Morden
432
432
3
3
O
0
400
800
1,200
1,600
200
Meters
0
1,200
2,400
3,600
4,800
6,000
Feet
Rural Municipality
of Stanley
Zoning By-Law
By-Law # 8-18
Municipal Boundary
Assessment Parcels
Waterbody
Waterways
Provincial Road
Provincial Trunk Highway
AG - Agriculture General
AL - Agriculture Limited
RR - Rural Residential
EP - Environmental Protection
OS - Open Space and Recreation
Map 2: City of Morden Area
**Consolidated August, 2025
See Map 4:
Stanley Corridor
**By-Law 15-21**
**By-Law 14-22**
**By-Law 6-25**
428
32
3
14
O
0
300
600
900
1,200
150
Meters
0
900
1,800
2,700
3,600
4,500
Feet
Rural Municipality
of Stanley
Zoning By-Law
By-Law # 8-18
AG - Agriculture General
AL - Agriculture Limited
MG - Industrial General
RR - Rural Residential
Municipal Boundary
Assessment Parcels
Waterways
Provincial Road
Provincial Trunk Highway
Map 3: City of Winkler Area
**Consolidated June, 2021
See Map 4:
Stanley Corridor
See Map 12:
Reinfeld
See Map 15: Schanzenfeld
See Map 14:
Rosebrook
Place
City of Winkler
**By-Law 8-21**
3
3-5W
2
3-5W
1
3-5W
6
3-4W
10
3-5W
11
3-5W
12
3-5W
7
3-4W
P.T.H.
3
P.T.H.
3
P.T.H.
14
34
2-5W
35
2-5W
36
2-5W
31
2-4W
18
3-4W
13
3-5W
14
3-5W
15
3-5W
CITY OF MORDEN - AIRPORT
AL
AL
AG
AG
HW
SC
SC
MG
MG
SC
MG
MG
RR
SC
MG
RR
RR
3
14
3
O
0
200
400
600
800
1,000
100
Meters
0
600
1,200 1,800 2,400 3,000
Feet
Rural Municipality
of Stanley
Zoning By-Law
By-Law # 8-18
HW - Hospitality and Wellness
MG - Industrial General
SC - Stanley Corridor
AG - Agriculture General
AL - Agriculture Limited
RR - Rural Residential
Municipal Boundary
Assessment Parcels
Provincial Trunk Highway
Map 4: Stanley Corridor
BLUMENFELD
AVENUE
20
1-4W.
GD
MG
AG
AG
O
0
150
300
75
Meters
0
400
800
1,200
200
Feet
Rural Municipality of Stanley
Zoning By-Law
By-Law # 8-18
Map 5: Blumenfeld
Assessment Parcels
Waterways
Access Road
AG - Agriculture General
GD - General Development
MG - Industrial General
ELGIN AVE. E.
CHORTITZ STREET S.
CHORTITZ STREET S.
ELGIN AVE. W.
18
2-4W.
19
2-4W.
17
2-4W.
20
2-4W.
SOUTH BAY
EMERALD
EMERALD DRIVE
BACK FORTY
CRESCENT
ROAD
HESPELER DRAIN
HESPELER DRAIN
GD
RC
GD
AG
AG
MG
O
0
180
360
90
Meters
0
400
800
1,200
200
Feet
Rural Municipality of Stanley
Zoning By-Law
By-Law # 8-18
Map 6: Chortitz
Assessment Parcels
Waterways
Access Road
AG - Agriculture General
GD - General Development
RC - Community Residential
MG - Industrial General
P.T.H. 32
BROOK AVENUE W.
BROOK AVENUE E.
HOME STREET
BLUMENFELD AVENUE W.
BLUMENFELD AVENUE E.
21
1-4W.
Rosenheim Drain
GD
RR
AG
AG
O
0
100
200
50
Meters
0
250
500
750
125
Feet
Rural Municipality of Stanley
Zoning By-Law
By-Law # 8-18
Map 7: Friedensfeld
AG - Agriculture General
GD - General Development
RR - Rural Residential
Assessment Parcels
Waterways
Access Road
Provincial Trunk Highway
**By-Law 13-22**
**Consolidated August, 2025
8
1-4-W
O
0
100
200
50
Meters
0
250
500
750
125
Feet
Rural Municipality of Stanley
Zoning By-Law
By-Law # 8-18
Map 8: Haskett
AG - Agriculture General
GD - General Development
Assessment Parcels
33
1-4W.
28
1-4W.
P.R. 201
P.T.H. 32
P.R. 201
HOCHFELD STREET N.
HOCHFELD STREET S.
SOUTH VILLA AVENUE
BROCK AVE. E.
BROCK AVE. W.
EBENFELD ROAD
(public road)
CREEKSIDE
DRIVE
DRIVE
RIVERLEA
(public road)
AZALEA
BAY
(public road)
(public road)
(public road)
ROSENHEIM DRAIN
GD
RC
AG
AG
RC
RC
GD
201
32
32
O
0
160
320
80
Meters
0
400
800
1,200
200
Feet
Rural Municipality of Stanley
Zoning By-Law
By-Law # 8-18
Map 9: Hochfeld
AG - Agriculture General
GD - General Development
RC - Community Residential
Access Road
Provincial Road
Provincial Trunk Highway
Assessment Parcels
Waterways
2
2-4W.
35
1-4W.
AG
GD
O
0
100
200
50
Meters
0
300
600
900
150
Feet
Rural Municipality of Stanley
Zoning By-Law
By-Law # 8-18
Map 10: Neuenberg
AG - Agriculture General
GD - General Development
Assessment Parcels
1
2-5W.
Pt. S.E. 31
6
2-4W.
31
1-4W.
36
1-5W.
P.R. 201
GD
AG
AG
201
O
0
200
400
100
Meters
0
500
1,000
1,500
250
Feet
Rural Municipality of Stanley
Zoning By-Law
By-Law # 8-18
Map 11: Osterwick
Assessment Parcels
Access Road
Provincial Road
AG - Agriculture General
GD - General Development
14
O
0
200
400
100
Meters
0
500
1,000
1,500
250
Feet
Rural Municipality of Stanley
Zoning By-Law
By-Law # 8-18
Map 12: Reinfeld
**Consolidated
August, 2025
Municipal Boundary
Assessment Parcels
Waterways
Access Road
Provincial Trunk Highway
AG - Agriculture General
AL - Agriculture Limited
GD - General Development
MG - Industrial General
RC - Community Residential
OS - Open Space and Recreation
**By-Law 13-21**
**By-Law 16-23**
13
1-4-W
GD
OS
AG
243
243
O
0
150
300
75
Meters
0
300
600
900
150
Feet
Rural Municipality of Stanley
Zoning By-Law
By-Law # 8-18
Map 13: Reinland
Access Road
Provincial Road
Provincial Trunk Highway
AG - Agriculture General
GD - General Development
OS - Open Space and Recreation
Municipal Boundary
Assessment Parcels
Waterways
428
O
0
50
100
25
Meters
0
130
260
390
65
Feet
AL - Agriculture Limited
RMH - Residential Mobile Home
Municipal Boundary
Assessment Parcels
Provincial Road
RM of Stanley
Zoning By-Law
By-Law # 8-18
Map 14:
Rosebrook Place
P.T.H. 32
P.T.H. 32
ERIN
STREET N.
SCHANTZ
STREET N.
SCHANTZ ST. S.
ERIN ST. S.
CHURCH ST. S.
MAPLE ST.
HESPELER AVE. W.
HESPELER AVE. E.
21
2-4W.
ERIN
STREET N.
CHALMERS ST.
MOLINE
DRIVE
DRIVE
MOLINE
OLIVER
TRAIL
DEER TRAIL
SIE COR
WAY
CORREA
CRES.
WALLY'S
LANE
SCHANTZ ST. S.
HESPELER DRAIN
AIN
RC
RC
GD
MG
RR
AL
AL
AG
AG
G
OS
32
32
O
0
180
360
90
Meters
0
390
780
1,170
195
Feet
Assessment Parcels
Waterways
Access Road
Provincial Trunk Highway
AG - Agriculture General
AL - Agriculture Limited
GD - General Development
RC - Community Residential
RR - Rural Residential
MG - Industrial
OS - Open Space and Recreation
Rural Municipality of Stanley
Zoning By-Law
By-Law # 8-18
Map 15: Schanzenfeld
8
3-6W
9
3-6W
P.T.H. 3
P.T.H. 3
C.P.R.
C.P.R.
STATION GROUNDS
RAILWAY AVE.
NORTH AVE.
LOUISA ST.
PRINCE ALBERT ST.
EDWARD ST.
VALLEY ST.
HEREFERD AVE.
THORNHILL
ST. JOHN ST.
AG
AG
GD
RC
GD
3
3
O
0
100
200
300
400
50
Meters
0
300
600
900
1,200
1,500
Feet
Rural Municipality
of Stanley
Zoning By-Law
By-Law # 8-18
AG - Agriculture General
GD - General Development
RC - Community Residential
Assessment Parcels
Access Road
Provincial Trunk Highway
Map 16: Thornhill
**Consolidated June 2021
**By-Law 9-21**
24
2-4W
R.M. OF RHINELAND
OAK STREET N
HARRIS AVENUE
OAK STREET S
GD
AG
GD
O
0
100
200
50
Meters
0
250
500
750
125
Feet
AG - Agriculture General
GD - General Development
Municipal Boundary
Assessment Parcels
Access Road
RM of Stanley
Zoning By-Law
By-Law # 8-18
Map 17:
Friedensruh
**Consolidated June, 2021
**By-Law 10-21**