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RM OF STUARTBURN ZONING BY-LAW | Page 1
2022
The Rural
Municipality of
Stuartburn
ZONING BY-LAW 186/2022
RM OF STUARTBURN ZONING BY-LAW | Page 2
RM OF STUARTBURN ZONING BY-LAW | Page 3
How to Use This Zoning By-law
A zoning bylaw helps to implement the objectives and policies in the development plan (and any applicable
secondary plan) by setting out specific rules for development and land use in a community. They contain
specific requirements that are legally enforceable and control the use of land. Zoning By-Laws state exactly:
-
how land may be used;
-
where buildings and other structures can be located;
-
the types of buildings that are permitted and how they may be used; and
-
the lot sizes and dimensions, parking requirements, building heights and setbacks from the street.
This 4-step process helps to determine uses and structures that are permitted on a property.
Step 1
What Zone is your Property located in?
-
Use to the Zoning Maps in Appendix A to determine the zone
-
Locate your property and determine zone
What uses are permitted in your zone?
-
Find the Bulk Table
-
Uses marked with a P are permitted and may be developed once a
development permit is obtained
-
Uses marked with a C are conditional and are evaluated on a case
by case base. Conditional Uses require approval from Council and
may have additional requirements
How and where can you develop on your property?
-
Find the Bulk Table
-
Bulk Tables provide information on minimum lot sizes, building
heights, minimum yard requirements and other spatial
requirements
-
Additional details may be provided in the General Rules and
Regulations / Definition Sections
What kinds of permits do you need?
-
In most cases you will need a development permit
-
Check Administration section to see if your development is exempt
from needing a permit
-
If you need a permit contact the Municipality
-
You are responsible for finding out any other provincial or federal
regulations that may apply as well as finding out what local permits
are required (ie. building permits, plumbing permits, electrical, etc.)
RM OF STUARTBURN ZONING BY-LAW | Page 4
PART 1: APPLICABILITY AND SCOPE .............................................6
GENERAL ..................................................................................................................6
1.1 Title ................................................................................................................... 6
1.2 Scope ................................................................................................................. 6
1.3 Purpose ............................................................................................................... 6
1.4 Application .......................................................................................................... 6
1.5
Relation to Other By-Laws .................................................................................. 6
1.6
Rules of Construction ......................................................................................... 7
1.7
Effective Date .................................................................................................... 7
PART 2: DEFINITIONS....................................................................8
2.1
Definitions in The Planning Act ............................................................................ 8
PART 3: ADMINISTRATION ......................................................... 22
3.1
Requirement for Compliance with this By-law ..................................................... 22
3.2
Zoning Maps .................................................................................................... 22
3.3
Zone Boundary Interpretation ........................................................................... 22
3.4
Split Zoning ..................................................................................................... 23
3.5 Interpretation .................................................................................................... 23
3.6
Responsibilities of Council ................................................................................. 24
3.7
Duties of the Owner ......................................................................................... 24
3.8
CAO, Development Officer or Designate ............................................................. 24
3.9
Duties of the Designated Officer ........................................................................ 24
3.10
Application for amendments, variances and conditional uses ........................... 25
3.11
Development Agreements .............................................................................. 27
3.12
Permits ........................................................................................................ 27
3.13
Building to be moved .................................................................................... 30
3.14
Non-Conforming Uses, Buildings, Lots or Structures ......................................... 30
3.15
Land Unsuitable for Development ................................................................... 31
3.16
Relationship to Former By-laws ...................................................................... 32
3.17
Applications and Construction in Process ......................................................... 32
3.18
Zoning Memorandum .................................................................................... 32
3.19
Site Reduced ................................................................................................ 32
3.20
Public Utilities and Service ............................................................................. 33
3.21
Future Road Allowance .................................................................................. 33
3.22
Connecting to Municipal Services .................................................................... 33
3.23
Enforcement ................................................................................................. 33
3.24
Fees ........................................................................................................... 33
PART 4 GENERAL REGULATIONS ................................................. 34
4.1
Regulation of Uses ........................................................................................... 34
4.2
One Dwelling Unit Per Parcel/ Holding ................................................................ 34
4.3
Multiple Uses ................................................................................................... 34
4.4
Secondary Uses and Structures ......................................................................... 34
4.5
Subdividing of Land .......................................................................................... 34
4.6
Excavation, Stripping and Grading ..................................................................... 35
4.7
Home Occupations ........................................................................................... 35
4.8
Home Industry ................................................................................................. 35
4.9
Condominiums ................................................................................................. 36
RM OF STUARTBURN ZONING BY-LAW | Page 5
4.10
Planned Unit Developments ........................................................................... 36
4.11
Temporary Buildings, Structures, and Uses ..................................................... 37
4.12
Required Yards ............................................................................................. 38
4.14
Accessory Buildings and Structures and Uses .................................................. 43
4.15
Road Access ................................................................................................. 43
4.16
Service Connections ...................................................................................... 44
4.17
Public Utilities ............................................................................................... 44
4.18
Parking ........................................................................................................ 44
4.19
Signs ........................................................................................................... 44
4.20
Rules of Measurement ................................................................................... 44
4.21
Standards for Portable Garages ...................................................................... 46
4.22
Shipping Containers ...................................................................................... 46
PART 5: ZONES ............................................................................ 48
5.1
ESTABLISHING ZONES ................................................................................ 48
TABLE 5-1: ZONES ESTABLISHED .............................................................................. 48
5.1
Zoning Boundaries ........................................................................................... 48
5.2
Zones .............................................................................................................. 48
Urban Zones .............................................................................................................. 49
5.3
INTERPRETATION OF ZONE REQUIREMENTS .............................................. 50
5.4
IMPLICATIONS OF TABLE ABBREVIATIONS ........................................................ 50
TABLE 5-2: PRINCIPAL USE TABLE - ALL ZONES .................................................. 51
TABLE 5-3-5-12: ACCESSORY USE, BUILDING OR STRUCTURE TABLE- ALL ZONES55
PART 6: USE SPECIFIC STANDARDS............................................ 72
6.1
Aggregate ....................................................................................................... 72
6.2
Anhydrous Ammonia Storage and Facilities ......................................................... 73
6.3
Abattoirs ......................................................................................................... 73
6.4
Automobile sales, rental and services ................................................................. 73
6.5
Backyard Bee Keeping ...................................................................................... 73
6.6
Bed and Breakfasts .......................................................................................... 73
6.7
Dangerous Goods or Agrichemical Storage ......................................................... 74
6.8
Drive-Ins and Drive-throughs ............................................................................ 74
6.9
Hobby Poultry .................................................................................................. 74
6.10
Keeping of Animals ....................................................................................... 74
6.11
Micro Campgrounds ...................................................................................... 75
6.12
Private Swimming Pools and Hot Tubs ............................................................ 75
6.13
Regulation of Livestock Operations ................................................................. 75
Table 6-1 Livestock Operations - Minimum Setback Requirement ................................... 76
Schedule B Animal Unit Calculation Table ..................................................................... 77
6.14
Sewage Treatment & Solid Waste .................................................................. 78
6.15
Solar Collectors, Private Windmills and Natural Energy Devices ......................... 78
6.16
Secondary Suites .......................................................................................... 78
6.17
Wind Energy Generating Systems ................................................................... 79
SCHEDULE A - ZONING MAP ....................................................... 81
RM OF STUARTBURN ZONING BY-LAW | Page 6
PART 1: APPLICABILITY AND SCOPE
GENERAL
1.1 Title
This By-law shall be known as the "Rural Municipality of Stuartburn Zoning By-law" or the "Stuartburn
Zoning By-law".
1.2 Scope
This By-law applies to all lands in the RM of Stuartburn as shown on the Zoning Map.
1.3 Purpose
The regulations and provisions established by this By-law are deemed necessary in order to:
(1) Implement the objectives and policies of The Rural Municipality of Stuartburn Development Plan;
(2) Define and limit the powers and duties of the Rural Municipality of Stuartburn Council and Designated
Officer; and
(3) Regulate the use and development of land and buildings by:
a.
Dividing the municipality into zones;
b.
Prescribing permitted and conditional uses for land and buildings in each zone; and
c.
Setting out procedure for applying for and issuing Development Permits, non-conforming certificates
zoning memoranda and other similar documents including the classes of minor development, if any,
that does not require a Development Permit.
1.4 Application
(1) This By-law regulates all forms of development including the use and development of land, buildings, and
structures in the Rural Municipality of Stuartburn as shown on the zoning maps in Schedule A.
(2) All activity and development within the Rural Municipality of Stuartburn must conform to the provisions of
this By-law and be consistent with the RM of Stuartburn's Development Plan.
(3) This By-law does not apply within streets, public lanes, paths or pathways, or public walks within a
zoning district.
(4) This By-law does not apply to the construction, maintenance, or operation of public service works
within a public utility right-of-way.
1.5
Relation to Other By-Laws
Whenever provisions of another By-law of the RM of Stuartburn or a law or regulation of the
provincial or federal government contain 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 STUARTBURN ZONING BY-LAW | Page 7
The RM of Stuartburn may require proof of compliance with federal or provincial regulations prior to
issuance of the applicable permit or certificate.
1.6
Rules of Construction
The following rules of construction apply to the text of this By-law:
(1)
Words, phrases and terms are as defined within this By-law;
(2)
Words, phrases and terms not defined within this By-law shall be as defined in The Planning Act,
Municipal Act, Buildings and Mobile Homes Act and/or the Building, Electrical or Plumbing By-laws of the
Rural Municipality of Stuartburn;
(3)
Words, phrases and terms neither defined within this By-law nor in the Building, Electrical or Plumbing
By-laws of the Rural Municipality of Stuartburn shall be given their normative meaning except where
Council determines the context clearly indicates a different meaning;
(4)
The phrase "used for" includes "arranged for", "designed for", "maintained for" or "occupied for";
(5)
Unless the context clearly indicates the contrary, where a regulation involves two or more items,
conditions, provisions or events connected by the conjunction "and", "or" or "either-or", the conjunction
shall be interpreted as follows:
(a)
"and" indicates that all the connected items, conditions, provisions or events shall apply in any
combination.
(b)
"or" indicates that the connected items, conditions, provisions or events shall apply singly or in any
combination.
(c)
"either-or" indicates that the connected items, conditions, provisions or events shall apply singly,
but not in combination.
(6)
The word "includes" or "including" shall not limit a term to the specified examples, but is intended to
extend the meaning to all instances or circumstances of like kind or character.
(7)
Where any land, building or structure is used for more than one purpose; all provisions of this By-law
relating to each shall apply. Where there is a conflict, the more restrictive regulations shall prevail,
except as otherwise approved by Council.
(8)
There shall be only one principal or main building on a zoning site unless otherwise permitted herein.
1.7
Effective Date
This By-law comes into full force and effect when it is given third reading by the Council of the
Rural Municipality of Stuartburn.
RM OF STUARTBURN ZONING BY-LAW | Page 8
PART 2: DEFINITIONS
2.1
Definitions in The Planning Act
Terms not defined in this by-law which are defined in The Planning Act have the meaning provided
for in that act.
2.2
Definitions in this by-law
The following definitions apply to the text of this By-law:
"Abattoir meat/food processing and packaging", means a building, structure, or part thereof, used for the
slaughtering of animals, rendering meat and related activities. This use includes slaughterhouses.
"Abut" or "abutting", immediately continuous to or physically touching, and when used with respect to a lot or site,
means that the lot or site physically touches upon another lot, site or piece of land, and shares a property line
boundary with it.
"Accessory use or structure", means a use or structure on the same zoning site as the principal building or use, and of a
nature customarily incidental and subordinate to, the principal use or structure. The single exception to the above is
accessory off-street parking facilities which are permitted by variation to locate elsewhere than on the same zoning site
with the building, structure or use served.
"Act, The Means The Planning Act, being Chapter 80 of the Continuing Consolidation of Manitoba and amendments
thereto.
"Aggregate" means a quarry mineral that is used solely for construction purposes or as a constituent of concrete other
than the manufacture of cement and includes sand gravel, clay, crushed stone and crushed rock.
"Aggregate/resource extraction", means a site including accessory buildings and structures used for the removal,
refinement and/or processing of sand, gravel, stone or other aggregate resources, and may include borrow pits, gravel
pits and stone quarries, but does not include an asphalt plant or a concrete plant.
"Agri-business", means a commercial establishment that provides goods or services to the agricultural sector. Typical
uses include farm equipment sale, machinery repair shops, feed and fertilizer supply operations etc.
"Agri-tourism" means an agricultural establishment that provides a service to promote and educate the public about
farming and agricultural activities. For the purposes of this by-law an agri-tourism use is considered an accessory use,
located on the same parcel as the farm and also includes the following uses: bed and breakfast, farm produce retail
outlet, corn or hay mazes, petting zoo (subject to the livestock requirement in the By-law), hay rides, sleigh rides, buggy
or carriage rides, seasonal activities, events related to the farm including farm tours, eating facilities and like uses.
Facilities to provide farm vacations, such as, but not limited to, camping and tenting grounds, yurts and cabins, are
considered part of an agri-tourism use.
"Agricultural processing" means facilities which store and process agricultural products, including dairy, packaging and
processing, grain elevators and the cleaning and processing of grains.
"Agriculture, Indoor", means indoor horticulture or aquaculture operations using hydroponic or other means to
engage in growing plants for consumption and non-food products excluding cannabis.
RM OF STUARTBURN ZONING BY-LAW | Page 9
"Agriculture, specialized", means the use of land for apiculture, floriculture, horticulture, including market gardening,
greenhouses, orchards and tree farming and similar agricultural activities on a commercial basis but on parcels smaller
than 80 acres. Specialized agriculture may contain limited retail of goods produced on site and educational component,
but agricultural production is to be the primary use.
"Agriculture Support Industry" means an industry, commercial service or retail business in which the major product or
service being bought, sold or processed is intended mainly for, from or by farmers. Typical uses include aerial spraying
companies, grain storage including grain elevators, feed mills and seed plants. This Use Class does not include Bulk
Storage Facilities or Anhydrous Ammonia Facilities.
"Agricultural exhibition grounds", means a competitive or non-competitive exhibition of agricultural products and
animals, and can include associated food and merchandise vendors, displays, entertainment and amusement.
"Agricultural operation", means an agricultural, horticultural or silvicultural operation that is conducted in
order to produce agricultural products (not including livestock or natural resource developments) on a
commercial basis, and includes:
a.
The production of crops, including grains, oil seeds, hay, and forages, and horticultural crops,
including vegetables, fruit, mushrooms, sod, trees, shrubs and greenhouse crops;
b.
The use of land for grazing;
c.
The production of eggs, milk and honey;
d.
The processing necessary to prepare an agricultural product for distribution from the farm gate;
e.
The processing and storage of agricultural products, including dairy, packaging, grain elevators and
seed and grain cleaning.
f.
The operation of agricultural machinery and equipment, including the tillage of land and the
application of fertilizers, manure, soil amendments and pesticides, whether by ground or aerial
application;
g.
The storage, use or disposal of organic wastes for agricultural purposes;
h.
The storage of farm related materials including, but not limited to, fuel, fertilizer are considered
accessory uses.
"Airfield", means any area of land or water that is used for the landing or taking off of aircraft for personal and
agricultural use.
"Alter or Alteration" means a change or modification to an existing building, structure or use which unless
otherwise provided for herein, does not increase the exterior dimensions with respect to height and area.
"Alterations, incidental", means:
a.
Changes or replacements in the non-structural parts of a building or structure, including but not limited
to the following:
I.
An addition on the exterior of a residential building, such as an open porch;
II.
Alteration of interior partitions in all types of buildings; or
III.
Replacement of, or changes in, the capacity of utility pipes, ducts or conduits.
RM OF STUARTBURN ZONING BY-LAW | Page 10
b.
Changes or replacements in the structural parts of a building, including but not limited to the following:
I.
Adding or enlarging windows or doors in exterior walls;
II.
Replacement of building facades; or
III.
Strengthening the load bearing capacity, in not more than ten percent (10%) of the total floor
area, to permit accommodation of a specialized unit of machinery or equipment.
"Anhydrous ammonia facility", means an area for the storage of anhydrous ammonia that is commonly used as a
fertilizer, including sales and service.
"Animal housing facility/ confined livestock area", means a barn or an outdoor, non-grazing area where livestock
are confined by fences or other structures, and includes a feedlot.
"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.
"Apiary", means a place where bee colonies, hives, combs, or appliances are kept.
"Auction mart - livestock", means a facility in which livestock are kept on a temporary basis for the purposes of
selling and distribution.
"Automobile and vehicular sales", means the retail sale or rental of new or used automobiles, motorcycles,
snowmobiles, tent trailers, utility trailers, boats, travel trailers or similar light recreation vehicles or crafts, together
with incidental maintenance services and sale of parts. This use includes automobile dealerships, car rental agencies
and motorcycle dealerships.
"Automobile, vehicular and equipment service and repair shop", means a development used for the servicing and
mechanical repair of automobiles, motorcycles, snowmobiles, lawnmowers, and similar vehicles or the sale,
installation or servicing of related accessories and parts. This Use Class includes body repair shops, transmission
shops, muffler shops, tire shops, automotive glass shops, upholstery shops, autobody repair and paint shops.
"Aviary", means a place for keeping birds for the purpose of raising, exhibiting, or selling them.
"Basement", means a portion of a building between a floor and ceiling that is located partly underground, but with
more than half of the floor to ceiling height thereof above the average grade of the adjoining ground.
"Bed and breakfast", means a residential dwelling where sleeping rooms without cooking facilities are offered for
short-term paid accommodation and where these sleeping rooms form part of the proprietor's residence. The
"proprietor" in this case shall mean the owner of the Bed and Breakfast and this building shall be the principal
residence of the owner and his/her family.
"Boarding, rooming, or lodging houses", means a building or portion thereof, other than a hotel or motel,
without cooking facilities, where lodging, or lodging and meals are provided for compensation exclusive of
the proprietor and his/her family.
"Building, main or principal", means a building in which is conducted the principal use of the site on which it is
situated.
RM OF STUARTBURN ZONING BY-LAW | Page 11
"Building permit", means a permit issued by the Municipality authorizing the construction or alteration of all or part
of any building or structure, in accordance with the applicable codes and standards.
"Bulk", means the following:
a.
The size (including height of building and floor area) of buildings or structures;
b.
The area of the zoning site upon which a building is located, and the number of dwelling units or rooms
within such building in relation to the area of the zoning site;
c.
The location of exterior walls of buildings in relation to site lines to other walls of the same building, to
legally required windows, or to other buildings; and
d.
All open areas relating to buildings or structures and their relationships thereto.
"Bulk fuel storage/sales", means the use of land for the storage, sale or distribution of synthetic or petroleum-
based fluids primarily on a wholesale basis.
"Campgrounds", means a parcel of land planned and improved to accommodate travel trailers, camping trailers,
RV's pick-up coaches, motorized homes, tents, tent trailers or other camping accommodations used for travel,
recreational and vacation uses.
"Cannabis Cultivation" means the planting, growing, developing, propagating, harvesting, drying, processing,
curing, grading, trimming, packaging, or storage of one or more cannabis plants or any part thereof in any location,
indoor or outdoor, including within a fully enclosed and secure building. Cannabis cultivation includes the following:
Standard cultivation means the large-scale growing of cannabis plants and harvesting material from those plants, as
well as associated activities. Micro-cultivation means the small-scale growing of cannabis plants and harvesting
material from those plants, as well as associated activities. Industrial hemp means the growing of industrial hemp
plants (those containing 0.3 per cent THC or less) and associated activities. Nursery means the growing of cannabis
plants to produce starting material (seed and seedlings) and associated activities.
"Cannabis retail store" means the premises specified in a retail cannabis licence where the retail sale of cannabis is
authorized.
"Cannabis standard processing" means the large-scale manufacturing, packaging and labelling of cannabis products
destined for sale to consumers, and the intra-industry sale of these products, including to provincially-authorized
distributors, as well as associated activities.
"Carport" means an attached building open on two sides for the shelter of privately owned automobiles.
"Cemetery", means land for the burial of the dead, including columbaria, crematoria, mausoleums and mortuaries,
when operated in conjunction with and within the boundaries of such cemetery. Cemetery can include animals.
"Child care services", means the provision of care for remuneration or reward to a child apart from his or her own
parents or guardians for a period in any one day exceeding three (3) hours but not exceeding fourteen (14) hours:
a.
"Community day care", means to provision of child care services for more than twelve (12) children in a
provincially licensed facility;
RM OF STUARTBURN ZONING BY-LAW | Page 12
b.
"Home day care", means the provision of child care services dwelling unit to children, including the
children of the owner or tenant, not over twelve (12) years of age. The number of children shall not
exceed six (6); and
c
"Group day care", means the provision of child care service for more than six (6) but not more than
twelve (12) in a provincially licensed facility.
"Clinic", means a facility for the provision of human health services and related activities such as preparation of
castings, dentures, and x-rays, for patients without overnight accommodations, and associated laboratory facilities.
"College or university", means a development which is publicly or privately supported or subsidized involving
assembly for post-secondary educational, training or instructing purposes, and includes administration offices
required for the provision of such services on the same site.
"Commercial school", means an establishment, other than elementary or junior high schools, senior high
schools, or colleges and universities, offering training or instruction in a trade, art, or occupation, including
beauty schools, dance schools, and trade or vocational schools.
"Concrete and asphalt batching plant", means land and buildings used for the storage and mixing of the constituent
elements of concrete or asphalt and includes parking, maintenance, mechanical repair and refuelling of mixing
vehicles used to deliver product batched at the premises.
"Condominium" means the use of land or buildings as provided for in The Act.
"Condominium unit", means a part of the land or building and is designated as a unit by the condominium plan, and
is comprised of the space enclosed by its boundaries and all the material parts of the land within this space at the
time the condominium declaration and plan are registered.
"Condominium, bare land unit" means a unit of land defined by delineation of its horizontal boundaries without
reference to any buildings on a condominium plan. For the purposes of this By-law a "bare land unit" is a bare land
unit condominium, as defined in The Condominium Act, and shall be considered a zoning site.
"Contractor establishment", means land and/or buildings intended for the storage of equipment and materials and
contracting businesses such as road building, construction, plumbing, electrical and landscaping on the same site.
"Crematorium" means a facility containing a certified furnace or similar device intended for use in the incineration
of human or animal corpses.
"Cryptocurrency" means a type of virtual asset that is protected using cryptography.
"Cryptocurrency mining" means a process that uses computers or specialized hardware to confirm cryptocurrency
transactions and can be done by either an individual or an organization.
"Cultural centre", means a building or portion of a building dedicated to the celebration and promotion of a cultural
group or groups where patrons and guests are not required to be members of a non-profit organization.
"Development" means:
a.
The construction of a building on, over or under land;
RM OF STUARTBURN ZONING BY-LAW | Page 13
b.
A change in use or intensity of use of a building or land;
c.
The removal of soil or vegetation from land; and
d.
The deposit or stockpiling of soil or material on land or the excavation of land.
"Development permit", means a permit issued under the zoning by-law authorizing development, and may include
a building permit.
"Development Plan" means the Rural Municipality of Stuartburn Development Plan as adopted by By-law, or any
other development plan and amendments adopted and substituted therefore.
"Drive-in / drive-through establishment", means an establishment with facilities for attracting and servicing
prospective customers travelling in motor vehicles, which are driven onto the site where the customer may or may
not receive service in the vehicle. This use class includes restaurants, coffee shops, ATM and other similar uses.
"Dwelling" means a building or a portion thereof designed for residential occupancy.
"Dwelling, mobile home", means a dwelling unit designed for transportation after fabrication, whether on its own
wheels or on a flatbed or other trailer, and which arrives at the site where it is to be occupied as a dwelling
complete and ready for occupancy, being on the site on wheels, jacks or similar supports, or on a permanent
foundation, and having been built in accordance with CSA building regulations and The Buildings and Mobile Homes
Act. For the purpose of this By-law, the removal of the wheels or permanent or semi-permanent attachment of a
foundation to a Mobile Home Dwelling shall not change the classification.
"Dwelling, multiple- unit", means a building containing three (3) or more dwelling units, each unit designed for and
used by not more than one (1) family. May include multiple-story structures.
"Dwelling, ready-to-move", means a method of constructing a dwelling unit whereby all of its component parts
have been assembled in an off-site manufacturing facility and transported to a site where it is anchored to a
permanent foundation.
"Dwelling, single-unit", means a detached building designed for and used by not more than one (1) family. Also
includes modular and ready-to-move dwelling units so long as they are only used by one (1) family.
"Dwelling, two-unit", means a detached or semi-detached building designed for and used by not more than two (2)
families, each having exclusive occupancy of a dwelling unit.
"Dwelling unit", means one (1) or more rooms in a building designed for one (1) or more persons as a single
housekeeping dwelling unit with cooking, eating, living, sleeping and sanitary facilities.
"Eating and drinking establishment", means the selling of prepared foods for consumption within the premises or
take-out. This includes licensed drinking establishments, restaurants, cafes, delicatessens, home deliver or catering.
"Emergency services", means public institutions which provide protective and emergency response
services, including police, fire, ambulance or paramedic services.
"Exterior/Outdoor Storage" means the storage of merchandise, goods, inventory, materials, or equipment or other
items that are intended for immediate sale, by locating them outside.
RM OF STUARTBURN ZONING BY-LAW | Page 14
"Entertainment/amusement facilities", means a commercial facility open to the public offering recreational
activities including, but not limited to, video arcades, bowling, movie theatres, paintball and miniature golfing.
"Farmers Market/ outdoor market" means a defined area of land where spaces or stalls are rented, leased or
provided for the outdoor sales of fresh fruit, produce, food produces, meat and fish items, plants and flowers, baker
goods, dairy products, crafts and similar products. Accessory uses include necessary buildings and other
infrastructure to accommodate these uses.
"Funeral home/mortuary", means a facility for the storage and cremation of deceased human bodies, or a
building used for the preparation of the deceased for burial and the display of the deceased and
ceremonies connected therewith before burial or cremation.
"Garage" means an accessory building or part of a principal building designed and used by the primary occupants of
the premise primarily for the storage of motor vehicles and other personal property.
"Greenhouse/ nursery" means a structure and/or associated land and accessory uses that are used for the sale of
growing of sod, bushes, trees, vegetables and other gardening landscaping or orchard stock including wholesale
operations. Can include landscape or garden supply.
"Group home", means a residence that is licensed or funded under an Act of the Parliament of Canada or the
Province of Manitoba for the accommodation of less than five (5) persons, exclusive of staff or receiving family,
living under supervision in a single housekeeping unit and who by reason of their emotional, mental, social or
physical conditional, or legal status, require a group living arrangement for their well-being.
"Gun range", means a licensed indoor or outdoor facility for the recreational discharge of firearms.
"Home industry", means a light manufacturing operation that is carried out as a secondary use on the same site as a
dwelling. The land associated with a home industry is more intense than those associated with a Home-based
business and may include some external noise, odour, light, or traffic impacts as well as the external storage of
products or materials.
"Home occupation", means any occupation, profession, trade, craft or business activity which includes
manufacturing, sales, a commercial or professional operation, business service, trade, practice, office or use which is
carried on or in or from a dwelling unit and/or its permitted accessory buildings, is intended as a for-profit
operation, and is incidental to, accessory to, or secondary to the residential use of the dwelling unit.
"Hospital" means an institution that maintains and operates facilities for inpatient medical care with overnight
stays, including x-ray, laboratory, and surgical, for the diagnosis, care, and treatment of human illness, injury, and
disease (physical or mental). Outpatient care may also be provided.
"Hotel/ motel", means a building or part thereof wherein accommodation is provided for transient lodgers, in any
individual room or apartment, with or without cooking facilities. This use may include accessory eating and drinking
establishments, retail - small, and meeting rooms.
"Interpretive centre", means an institution for dissemination of knowledge of natural or cultural heritage.
"Keeping of animals", means sheltering and raising of non-poultry animals (excluding pets) of less than 10 animal
units (cumulative across species) for personal use.
RM OF STUARTBURN ZONING BY-LAW | Page 15
"Kennel", means any premises on which more than three (3) animals are boarded, bred, trained or cared for, in
return for remuneration or are kept for the purpose of sale. A kennel shall not include a veterinary clinic, animal
hospital or animal pound.
"Landscape or Garden Supply" means an establishment, including building, part of a building or open space used
for the outdoor storage and display or sale of plant, trees, and other materials used in indoor or outdoor planting of
landscaping. This can include greenhouses.
"Library" means a building or structure or part thereof, operated by or on behalf of a public authority containing
materials in various mediums for study, reference and reading.
"Livestock operation", means a permanent or semi-permanent facility or non-grazing area where livestock
producing at least 10.00 Animal Units are kept or raised, either indoors or outdoors, and includes feedlots and all
associated manure collection facilities, but does not include an auction mart.
"Lumberyard" means the use of land, building or structure, or part thereof, for a retail store predominantly selling
of lumber and a wide range of building and home decorating supplies along with ancillary sales of construction
tools, gardening products, and home design products.
"Manufacturing - Heavy" means processing, assembly, manufacturing and storing of products and goods in an
enclosed and/or outdoor facility from which significant emissions of gas, toxic or offensive odour may be generated
during the normal course of operations. Uses include chemical plans, refineries etc.
"Manufacturing - Light", means processing, assembly, manufacturing and storing of products and goods contained
entirely within an enclosed facility, from which little or no emissions of gas, toxic or offensive odour are generated
during the the normal course of operations.
"Manure storage facility, earthen", means a structure built primarily from soil, constructed by excavation or
forming dikes, and used for storing or treating livestock manure, but does not include:
a.
A field storage site;
b.
A collection basin; or
c.
A composting site for manure or mortalities.
"Manure Storage Facility, non-earthen" means a non-earthen structure, or facility for storing or treating manure,
but does not include a gutter or concrete pit used to contain liquid or semi-liquid manure for less than thirty (30)
days for the purpose of moving the manure to a manure storage facility.
"Micro Campground" means a campground that does not require an extensive area of land and could potentially be
located in an urban area. A micro campground has a maximum of 10 camping sites and does not occupy more than
5 acres (217,800 square feet) of the parcel. The campground can include both serviced and unserviced sites as well
as other campground related amenities such as a pool, tennis court, recreation opportunities, storage, washroom
facilities, and outdoor kitchens.
"Mobile home park", means a parcel of land under one ownership upon which mobile home spaces are provided
for rent or lease and have been approved in accordance with provisions of this by-law.
RM OF STUARTBURN ZONING BY-LAW | Page 16
"Motel", means a building or part thereof, not over two (2) stories in height wherein temporary lodging and light
housekeeping is provided where each room or suit has its own exterior access. This use may include accessory
eating and drinking establishments, convenience store, and meeting rooms.
"Non-conformity", means one, or a combination of one or more of the following:
a.
A site or an area of land;
b.
A building or structure;
c.
A use of a building or structure;
d.
Use of land; or
e.
A sign.
Which lawfully existed prior to the effective date of this by-law or amendments hereto, but does not conform to the
provisions contained within this by-law or amendments hereto.
"Non-conforming uses", means any lawful use of a building, structure or land, or;
portion thereof, which does not conform to any one or more of the applicable use requirements of the zone in
which it is located, either on the effective date of this By-law, or amendments hereto.
"Non-conforming building or structure", means any lawful building or structure that does not comply with one or
more of the applicable site requirements on the effective date of this By-law or amendments hereto.
"Non-conforming site or parcel", means any lawful site or parcel of land that does not comply with the site area,
width or depth requirements of this by-law, or amendments hereto, and was on record in the Land Titles Office and
in separate ownership prior to the effective date of this by-law, or amendments hereto.
"Park and Ride" means a specialized parking lot or designated area that is designed transfer commuters from
personal cars to high-occupancy modes (carpooling, bus, van, etc.).
"Party wall", means a wall forming part of a building and used for separation of adjoining buildings occupied,
constructed or adapted to be occupied by different persons or businesses.
"Personal services", mean the use of a building to provide services involving the care of a person or apparel, such
as; shoe repairs, laundry and dry-cleaning, beauty and barber shops, clothing/costume rental, tanning, registered
massage therapy, other personal grooming facilities and domestic assistance services. Personal services may include
limited retail of products related to the services provided on the premises.
"Place of assembly", means a building (excluding dwelling units), or portion thereof, in which persons may gather
for recreation, educational, cultural, political, social, or other purposes. Places of assembly may include indoor or
outdoor components and may be licensed for serving food and alcoholic beverages.
"Place of worship", means a building or a facility used for worship by an association or may include an assembly hall
as an accessory use. Churches, synagogues, mosque, temples, and sweat lodges are examples of place of worship.
"Planned unit development", means a land development project planned as an entity in accordance with a unitary
site plan that permits flexibility in siting of buildings, mixture of housing types and land uses, useable open spaces
and can include the preservation of significant natural features.
RM OF STUARTBURN ZONING BY-LAW | Page 17
"Portable Garage", means a temporary structure intended to store goods or materials that may consist of metal or
steel frame and is covered by such material as canvas, plastic, polyethylene, various types of fabric or similar
materials. A portable garage is considered to be an accessory use structure only.
"Principal use", means the primary or predominant activity on any lot or within any building or structure.
"Private communication facility", means a facility housing communication and transmitting equipment, such as
antennae or dishes, for personal, non-commercial use.
"Professional, financial and office support service", means a development primarily used for the provision of
professional management, administration, consulting and financial services. Typical uses include the office of
lawyers, accountants, engineers and architects; office for real estate and insurance firms; clerical secretarial,
employment, call services and similar office support services; banks, credit unions, loan offices and similar financial
uses; general office / administration buildings.
"Public utility" means any person, firm, corporation, municipal department, or board duly authorized to furnish,
and furnishing under provincial or municipal regulations to the public, electricity, gas, steam, sewer,
communication, telegraph, transportation, or water services. The term also means the use of land for the purpose
of providing such service.
"Public works yard", means a premise operated by the RM or Province for the storage, manufacture, maintenance
or repair of buildings, infra structure, materials or equipment.
"Recreation facility, indoor", means a public facility for sports, fitness, leisure and recreation in which facilities are
primarily located inside an enclosed building or structure.
"Recreation facility, outdoor", means a public facility for sports, fitness, leisure and recreation in which facilities are
primarily located outside.
"Recycling collection centre" means a municipally-managed drop-off point for temporary storage of recoverable
resources, such as newspapers, glassware, plastics, and metal cans. No processing of such items is allowed on
premises.
"Residential care facility", means the use of a building for the purpose of providing lodging, meals, care and
supervision or transitional services to persons not related by blood, marriage or adoption to the operator nor to
each other.
"Resource Related Industry" means an industry or business that is directly related to a resource such as forest,
woodlands, farm use, peat or aggregate.
"Retail", means the use of a building or a portion of a building where goods, wares, merchandise or similar items
(except cannabis) are offered for sale directly to the public.
"Retail- Restricted", means the use of building to provide products and services requiring additional oversight and
developments to which admission by minors is restricted. Uses include retailers of adult and pornographic
materials, adult entertainment, adult services, tattoo and body modification, retail of smoking and vaporizing
products.
RM OF STUARTBURN ZONING BY-LAW | Page 18
"Riding academy", means a commercial facility where horses are sheltered, fed, or kept for sale or hire to the
public. Training of horses and riders may also be conducted.
"School bus storage and maintenance" means a facility with indoor and outdoor components on which school
buses are parked when not in use, maintained and repaired. Other activities related to regular School Division
operations, such as indoor storage and maintenance of equipment are considered part of this use.
"Scrap yard", means an open area where waste or scrap materials are bought, sold, exchanged, stored, baled,
packed, disassembled or handled, including, but not limited to metals, paper, rags, rubber tires and bottles. This
Use Class includes an automobile wrecking or dismantling yard but does not include uses established entirely within
an enclosed building.
"Secondary suite/Garden Suite", means a self-contained accessory dwelling unit located either within a permanent,
detached, single-unit dwelling, or in an accessory building, on a single zoning site. A secondary suite contains a
single housekeeping unit and has its own separate access, cooking, sleeping and sanitary facilities which are
separate from and not shared with those of the principal dwelling. This use does not include two-unit dwellings or
multiple-unit dwellings.
"School", means an accredited school under the sponsorship of a public, private or religious agency
providing instruction to students at the elementary or junior high school level.
"Preschool", means a public or privately-operated institution offering early childhood education to children
prior to the commencement of compulsory education at elementary school.
"School - senior high", means an accredited school under the sponsorship of a public, private or religious
agency providing instruction to students at the senior high school level.
"School bus storage and maintenance", means a facility with indoor and outdoor components on which
school buses are parked when not in use, maintained and repaired.
"Self-storage", means an establishment or facility used for the temporary storage of items, which contains
secured storage areas and/or lockers which are generally accessible by individual loading doors for each
storage unit or locker, or stored outdoors in a secured area.
"Separation Distance", means a distance to be maintained between two uses, measured from the nearest points of
any structure or areas upon which the uses are located.
"Shipping container", means a steel container that can be used for the shipment of goods via ship, train or highway
tractors.
"Shopping centre", means a building or group of buildings designed, developed, owned a managed as a unity by a
single owner or tenant, or group of owners or tenants, containing two or more separated spaces for lease or
occupancy of commercial uses or business or professional offices.
"Sign", means any writing (including letter, word or numeral), pictorial representation (including illustration or
decoration), emblem (including device, symbol or trademark), banner, pennant or any other figure of similar
character which:
RM OF STUARTBURN ZONING BY-LAW | Page 19
a.
is a structure or any part thereof, or is attached to, painted on or in any other manner represented on or
in a building or other structure;
b.
is used to identify, direct attention to, or advertise; and
c.
is visible from outside a building but shall not include show windows as such.
"Site", means a whole lot or block in a registered plan of subdivision or the aggregate of all contiguous land
described in a certificate of title or in more than one certificate of title provided they are the same ownership.
"Site, area", means the computed area contained within the site lines.
"Site, corner", means a site situated at the intersection of two (2) streets, the interior angle of such intersection not
exceeding one hundred and thirty-five (135) degrees.
"Site, frontage", means all that portion of a site fronting on a street and measured between side site lines.
"Site lines", definitions are as follows:
"Front site line", means that boundary of a site which is along an existing or designated street, lane or right-of-
way. For a corner site the Development Officer may select the front site line except where an interior site
abuts the corner site, in which case the front site line shall be that line which is the continuation of the front
site line of the interior site.
"Rear site line", means that boundary of a site which is most nearly parallel to the front site line and in the case
of a site in which the side site lines intersect, such as a triangular site, a line ten (10) feet in length within the
site, parallel to and at the maximum distance from the front site line.
"Side site line", means any boundary of a site which is not a front or rear site line.
Where an irregular shaped site cannot have its site, lines defined by the foregoing definitions, the front, rear and
side site lines shall be determined by the Development Officer.
The following sketch illustrates the foregoing definitions of site lines:
"Site requirements", means some or all of the following:
a.
the area of the zoning site upon which a building is located, and/or the number of dwelling units or
rooms within such building in relation to the area of the zoning site;
Rear site line
Front site line
Government road allowance
Side site line
Side site line
RM OF STUARTBURN ZONING BY-LAW | Page 20
b.
the location of exterior walls of buildings in relation to site lines, other walls of the same building, legally
required windows, and/or other buildings;
c.
all open areas relating to buildings or structures and their relationship thereto; and/or
d.
the size (including height and floor area) of buildings or structures.
"Site, width", means the horizontal distance between the side site lines, measured at right angles to the site
depth at a point midway between the front and rear site lines, or at the front yard setback of the affected zone,
whichever is the lesser. For sites gaining access by a right-of-way, site width will be determined by council /
development officer.
"Site, zoning", means a parcel of land with frontage on a street, lane, right-of-way, or access by a right-of way
and of at least sufficient size to provide the minimum requirements for use, area, and required yards.
"Solar collector", means a device used to harness the energy of the sun to provide electricity for on-site
personal consumption. Solar collectors may be roof mounted or ground mounted and are accessory to the main
building on the site.
"Solid waste disposal facility", means a defined area of land or excavation that receives municipal household
waste and other non-hazardous waste.
"Structure", means anything constructed, built or erected with a fixed location on or below the ground, or
attached to something having a fixed location on the ground and includes buildings, walls, fences, signs,
billboards, poster panels, light standards and similar items.
"Stable" means a private or public detached accessory building for the keeping of cattle, horses, or similar
animals.
"Temporary outdoor land use", means uses taking place outdoors and lasting a limited period of time not to exceed
45 days. Temporary outdoor land uses include such uses as temporary parking facilities, sidewalk sales, Christmas
tree sale lots, festivals, music concerts, revival tents or similar quasi-civic or public activities.
"Trucking terminals and freight services", means and indoor or outdoor facility where trucks as common carriers
are dispatched for compensation, or where freight handling facilities are provided.
"Use", means:
a.
Any purpose for which a building or other structure or parcel of land may be designed, arranged,
intended, maintained or occupied; or
b.
Any activity, occupation, business or operation carried on, or intended to be carried on, in a building
or other structure or on a parcel of land.
"Veterinary clinic" means a building, structure or parts thereof where one (1) or more registered veterinarian
surgeon, including associated staff, provide examinations and surgical or medical treatment to domestic pets,
animals or livestock, and may include treatment rooms, laboratories, dispensaries, pharmacy, and associated
office. A kennel is not permitted with a veterinary clinic.
RM OF STUARTBURN ZONING BY-LAW | Page 21
"Warehouse", means a permanent facility for the storage of products, supplies, and equipment within an
enclosed building.
"Waste transfer station", means a facility where municipal solid waste is unloaded and temporarily prior to
shipment to a solid waste disposal facility.
"Wind energy generating system (WEGS)", means an energy generating system designed and built to generate
electricity by using wind energy for commercial sale and distribution to the electricity grid.
"Yard", means an open area, on the same zoning site containing a building or structure which is unoccupied and
unobstructed from its lowest level to the sky, except as otherwise permitted:
a.
"required yard", means a yard extending along a site line to a depth or width (measured from the site
line) specified in the yard requirements for the zone in which such zoning site is located;
b.
"required front yard", means a yard extending along the full length of the front site line between the
side site lines;
c.
"required rear yard", means a yard extending along the full length of the rear site line between the side
site lines;
d.
"required side yard", means a yard extending along the side site line from the front yard to the rear yard.
The following sketch illustrates the foregoing definitions of yards:
RM OF STUARTBURN ZONING BY-LAW | Page 22
PART 3: ADMINISTRATION
This by-law shall be administered in accordance with the provisions of The Planning Act and this PART
3.1
Requirement for Compliance with this By-law
(1) No development or use of land or a building may take place or be maintained except in conformity with
this By-law and with any development agreement, variance, conditional use approval, condition or permit
issued under this By-law. The duty to comply with this By-law is imposed on the owner of a parcel or
building and on any person, who has charge or control of the parcel or building, whether as lessee, tenant,
occupier, agent or otherwise. The Rural Municipality's approval of a development application, the issuance
of a permit, the approval of drawings and specifications, or completion of inspections does not relieve a
person from the responsibility to comply with this By-law or any other By-law.
(2) If two of more provisions of this By-law contain conflicting or overlapping provisions, the most
restrictive or highest standard is applicable.
(3) Neither the granting of a development permit nor the approval of a site plan, nor the approval of a drawing
and specifications nor the inspections made by the Development Officer shall in any way relieve the owner
of the responsibility of complying with the requirements of any Provincial or Federal Acts or regulations.
3.2
Zoning Maps
(1) The location and boundaries of the zones established in this By-law are shown on the Zoning Maps in
Schedule A.
3.3
Zone Boundary Interpretation
In the interpretation of the boundaries of the Zones as shown on the Zoning Maps in Schedule A, the
following rules shall apply:
(1)
Boundaries indicated as approximately following the center lines of streets, public lanes,
footpaths, public walks, rivers, and public rights-of-way are construed to follow such center
lines;
(2)
Boundaries indicated as approximately following lot or holding lines, parcel lines, block lines,
street lines, public utility rights-of-way lines or site lines as shown on any plan registered in the
Land Titles Office, shall be construed as following said lines;
(3)
Boundaries indicated as following municipal limits are construed as following said limits;
(4)
Boundaries indicated as following a pipeline, railway right-of-way or public utility right of way
are construed as following the centerline of the right-of-way, unless clearly designated,
otherwise;
(5)
Boundaries indicated as following the centerlines of streams or rivers are construed as following
the centerline of such streams or rivers;
RM OF STUARTBURN ZONING BY-LAW | Page 23
(6)
Boundaries indicated as following the shorelines of streams or rivers are construed as following
the ordinary high water mark of such streams or rivers; and
(7)
If a street, public lane, , or public walkway shown on Zoning Maps is lawfully closed, the land
formerly comprising it shall be included within the zone within which it is located. If the
centerline of said closed right-of-way was a zoning boundary between two or more different
zones, the zoning boundary shall continue to be the former centerline, except where the closed
road is being transferred to an adjoining owner, in which case the boundary shall follow the limit
of the consolidated property.
3.4
Split Zoning
Where a single site or lot contains two or more zones, each portion of the site or lot shall be
developed and used in accordance with the provisions of the applicable zoning district.
3.5 Interpretation
Minimum and Maximum Requirements
The provisions of this By-law shall be interpreted to be the minimum regulations except where the
abbreviation for, or word, maximum is used, in which case the maximum applies.
Illustrations
Drawings and illustrations in this By-law are for information purposes only to illustrate the meaning of
the written text. Where any conflict or inconsistency arises between a drawing or illustration and the
text of the By-law, the text governs.
Tables
Tables form part of the By-law and provide regulatory standards, either to supplement text or in place
of text. Table headings, including column headings, row headings, and groupings of columns and rows,
form part of this By-law, and have legal effect. Table notes, located within the tables, indicate special
situations that affect the application of standards to specific zones and are also part of this By-law.
Where any conflict or inconsistency arises between a table and the text of the By-law, the text
governs.
Headings
Part, section, subsection, clause, sub clause, and paragraph headings are not part of this By-law.
Definitions
Words, phrases and terms in this By-law shall be given the defined meaning unless defined in the Act
in which case the definition in the Act takes precedence.
Word, phrases and terms not defined in this By-law or the Act shall be given the usual and customary
meaning except where, in the opinion of Council, the context indicated different meaning in which
case the definition given by Council shall take precedence.
RM OF STUARTBURN ZONING BY-LAW | Page 24
3.6
Responsibilities of Council
Subject to the provisions of The Act, Council is responsible for:
(1)
Administering and enforcing the provisions of this By-law;
(2)
Considering the adoption or rejection of proposed amendments or the repeal of this By-law;
(3)
Approving or rejecting variance applications;
(4)
Approving or rejecting conditional use applications, and may revoke the authorized conditional
use for any violation of any additional conditions imposed by it;
(5)
Establishing a schedule of fees; and
(6)
Designating the Chief Administrative Officer, Development Officer or designate to act on behalf
of the Rural Municipality of Stuartburn Council.
3.7
Duties of the Owner
Subject to the provisions of The Act, the Owner is responsible for:
(1)
Permit the Development Officer to enter any building or premises at any reasonable time for the
purpose of administering or enforcing this By-law;
(2)
After the development application has been approved and the permit issued, obtain the written
approval of the Development Officer before doing any work at variance with the approved
documents filed; and
(3)
Be responsible for obtaining, where applicable, from the appropriate authorities, permits or
licenses relating to the building, grades, sewers or water supply systems, plumbing, signs,
blasting, street, occupancy, electrical, highways, and all other permits required in connection
with the proposed work.
3.8
CAO, Development Officer or Designate
The position of the Designated Officer is hereby established. In accordance with the provisions of The
Act, Council designates the CAO, Development Officer or designate to act on behalf of the Rural
Municipality of Stuartburn as the Designated Officer for the purposes of The Act.
3.9
Duties of the Designated Officer
In accordance with the provisions of The Act, The CAO, Development Officer or Designated Officer, as
appointed by the Council of the Rural Municipality of Stuartburn, may act on behalf of the RM of
Stuartburn as follows:
(1)
Issue a development/ building permit where the development of land, buildings or structures
conforms to the adopted Development Plan, the requirement of this by-law and amendments
thereto and any other By-law subject to the provisions of the Development/ Building Permit
section;
(2)
Exercise the powers of administration, inspection, remedy and enforcement provided in The
Act;
RM OF STUARTBURN ZONING BY-LAW | Page 25
(3)
Refuse to issue a development permit where
a. The development permit application or any information accompanying the development
permit application is incorrect or incomplete; or
b. The proposed building, structure or use does not, to the Designated Officers Knowledge,
comply with this Zoning by-law or any other by-law.;
(4) Revote a development permit where the development permit was issued in error;
(5) Enter any buildings or premises at all reasonable hours in the performance of their duties with
respect to the By-law;
(6) Issue Building/ Development Permits for the temporary use of buildings, structures or land;
(7) Issue Zoning memoranda or such other documents necessary for the administration and
enforcement of this by-law;
(8) Approve minor variances with respect to any height, distance, area, size or intensity of use in
accordance with the provisions of The Act; and
(9) At the request of Council, the Designated Officer shall defer approving an application or a
development permit as provided for in The Act, which could result in a violation of this By-law or
any By-law of the Rural Municipality of Stuartburn, or to any person who has failed to pay any fees
due and owing to the Rural Municipality of Stuartburn.
3.10
Application for amendments, variances and conditional uses
(1) Amendments
a.
An amendment to this By-law may be initiated by Council or the owner of a property, or by
another party acting on behalf of the owner (with written consent of the owner) through an
application made to Council. Proposed amendments shall be processed in accordance with The
Act.
b. Zoning By-law amendment applications may be refused by Council in accordance with The Act.
c. A development agreement may be a condition of approval and may be registered on Title in
accordance with The Act.
Variance Orders
a.
Application. Any person may apply for an order varying specific provisions of the by-law in
accordance with the provisions of The Act.
b.
Filing. An application for a variance order shall be made to the CAO, Development Officer, or
designate and must be accompanied by any supporting material, such as site plan and fees
required by Council.
c.
Decision. The CAO, Development Officer, or designate may, in accordance with the provisions
of The Act and authority delegated by Council, grant or refuse, at their discretion, a minor
variation that varies the height, distance, area, size or intensity of use requirements and the
number of parking spaces, by no more than fifteen (15) percent of the requirement of this by-
RM OF STUARTBURN ZONING BY-LAW | Page 26
law.
d.
A decision or condition regarding a minor variance order of the CAO, Development Officer or
designate can be appealed to Council.
e.
Variance order applications shall be processed and considered in accordance with The Act and
cannot be approved unless Council, the CAO, Development Officer, or designate have
determined the Zoning By-law provisions have an injurious effect on the owner's property.
f.
Conditions may be placed on a variance order in accordance with The Act including a
development agreement that may be registered on title.
g.
Council may revoke an approved variance order for a violation of any conditions by it.
h.
Approval of a variance order will expire and cease to have any effect if it is not acted upon
within 12 months of the date of the decision. The Variance Order may be extended for an
additional period not longer than 12 months, if an application is received before the initial
deadline.
i.
Council reserves the right to add any condition(s) on a variation approval, including on a minor
variance approval, that it considers necessary to meet the requirements of The Act.
Conditional Use Orders
a. The development and execution of this By-law is based upon the division of the Rural
Municipality of Stuartburn into zones, within which the use of land and buildings and
structures in relation to the land are substantially compatible. There are certain uses deemed
conditional uses which, because of their unique characteristics cannot properly be classified in
any particular zone without consideration, in each case, of the impact of those uses upon
neighbouring land and of the public need for the particular use at the particular location.
b. An application for a conditional use order shall be made to Council and must be accompanied
by a site plan and any supporting material and such fees as required by Council or the
designated officer.
c.
Conditional use applications shall be processed and approved or rejected in accordance with
The Act.
d. The approval of Council, in accordance with the provisions of The Act, shall expire and cease to
have any effect if it is not acted upon within twelve (12) months of the date of the decision.
The conditional use order may be extended for an additional period not longer than twelve
(12) months, if an application is received before the approval expires.
e. Where a use is classified as a conditional use under this by-law or amendments hereto and
legally exists as a permitted or conditional use at the date of the adoption of this by-law or
amendments hereto, it shall be considered as an existing conditional use.
f.
Changes to an existing conditional use. Any modification of conditions, intensification or
enlargement of a conditional use shall require approval of Council in accordance with the
provisions of The Act.
RM OF STUARTBURN ZONING BY-LAW | Page 27
g.
Revoking a conditional use. Approval may be revoked for failure to comply with the order or
conditions of the order.
h. In the case of conditional use livestock operations, only a change to increase the intensity or
total animal unit size of the operation, or a change to one of the conditions imposed on the
approved conditional use will trigger the requirement for a new conditional use. Development
and/or building permits would still be required for any enlargements or extensions of the floor
area of the operation.
3.11
Development Agreements
(4)
As a condition of an amending by-law, variance order, or conditional use order in accordance
with The Act. Council may enter into a development agreement with the affected property
owner.
(5)
Development agreements may be registered by caveat with Manitoba Land Titles and may
be discharged when the requirements or conditions of the agreement have been met.
3.12 Permits
Permits Required
(1)
The owner or their agent shall obtain all necessary permits as required by Council and other
government agencies.
Development Permits
(2)
A development permit is required for any of the following, except as otherwise provided for in
this by-law:
a. The erection or construction or placement of any building, or structure, except fences,
sheds, Single level decks 24 inches or less in height and ornamental light standards;
b. The Addition, extension, structural alteration or conversion of any building or structure;
c.
The relocation or removal or demolition of any building or structure, excepting any non-
taxable farm building;
d. The use of vacant buildings or structures; and
e. A change in land use, building or structure
Development Permit Not Required
(3)
The following developments shall not require a development permit; however, such
developments must comply with all provisions of this by-law, any other applicable by-laws of the
municipality and all required provincial setbacks and/or permits:
a. The carrying out of work or maintenance or repair to any building or structure, provided
that such works do not include structural alterations or major renovations;
RM OF STUARTBURN ZONING BY-LAW | Page 28
b. The erection, construction of the maintenance of gates, fences, walls or other means of
enclosures less than six (6) feet in height;
c.
The temporary uses of a site or the erection or construction of temporary buildings or
structures;
d. The construction or maintenance of that part of a public works placed in or upon a public
works easement;
e. The carrying out by the Rural Municipality of Stuartburn of any operation for the
maintenance or improvement of a public works, including the inspection, repair or
renewal thereof;
f.
The erection, placement, enlargement, structural alteration, relocation or use of any
building or structure, not exceeding one hundred and twenty (120) square feet that is
normally incidental or accessory to a dwelling as the principal building or use;
g.
General landscaping and the planting or removal of trees and hedges intended as a
shelterbelt or buffer;
h. The construction or erection of certain non-illuminated signs; and
i.
The operation of a home occupation in accordance with Section 4.7 of this by-law.
Application Requirements
(4) All applications for a development permit shall:
a. Shall be made by the owner or owners of the parcel in question, or by a person authorized
in writing by them;
b. Conform to the RM of Stuartburn Development Plan, any Secondary Plan or development
By-laws or it will be rejected;
c.
Be accompanied by all applicable fees and charges; no action shall be taken on any
development permits until all applicable fees and charges have been paid in full;
d. Be accompanied all information requested by the Development Officer to show apparent
compliance with this By-law and any other relevant By-laws, including but not limited to:
i.
Building Location Certificates;
ii.
A site plan, drawn to scale, showing the actual dimensions and shape of the site to
be built upon;
iii.
The exact size and location on the site of buildings already existing, if any; and
iv.
The location and dimensions of the proposed building, enlargement or structural
alterations.
e. Include such other information as may be required by Council including:
i.
Existing or proposed use of the land;
RM OF STUARTBURN ZONING BY-LAW | Page 29
ii.
The number and location of automobile parking spaces and loading spaces;
iii.
The number of families, dwelling units or rental units the building is designed to
accommodate;
iv.
Conditions existing on the site;
v.
Current copies of relevant titles, easements caveats; or
vi.
A surveyor's certificate prepared by a Manitoba Land Surveyor and such other
matters as may be necessary to determine conformance with and provide for the
enforcement of this By-law.
(5) In addition to the requirements of any By-law of the Rural Municipality of Stuartburn or any
other provincial regulations, all applications for a development permit shall include all relevant
information required by council and be authorized by the registered owner of the property. No
person shall erect, locate, relocate, use or occupy any building, land or structure contrary to any
development permit or the material furnished in support of the application.
Withholding Development Permits
(6) The designated employee or officer may withhold issuing a development permit:
a. As provided for in The Planning Act;
b. That would result in a violation of this By-law or any By-law of the Rural Municipality of
Stuartburn; or
c.
When any fees are due and owing to the Rural Municipality of Stuartburn under this
by-law.
Suspension, Revocation, and Expiry
(7)
The right of an owner under a Development Permit shall expire and terminate if the work
authorized by the permit is not commenced within six (6) months from the date of issuance of
the permit, or within any extensions of that time period granted by the Development Officer,
and reasonably continued without interruption after such period.
(8)
The Development Officer may suspend or revoke a development permit where there is
knowledge to the Development Officer's knowledge a violation of this By-law or any other By-
law of the Rural Municipality of Stuartburn in respect of the development including without
limitation where:
a.
Any division of the zoning lot results in making the structure on the zoning lot illegal under
the terms of this By-law; or,
b.
There is any reduction of required yards for a building or any further reduction of
nonconforming yards; or,
c.
Any information supplied for the development permit is incorrect.
RM OF STUARTBURN ZONING BY-LAW | Page 30
Existing Building Permits
(9)
Unless otherwise provided for herein, building permits issued prior to the effective date of this
By-law shall be considered valid for the purpose of this By-law provided all the conditions under
which the permit was issued are complied with.
3.13
Building to be moved
No building or structure shall be moved in whole or in part to any other location unless every
portion of the building or structure is made to conform to all the regulations of this By-law
applying to the zone in which it is located.
3.14
Non-Conforming Uses, Buildings, Lots or Structures
(1)
A non-conforming use and a non-conforming building or structure shall be regulated in accordance
with and subject to the provisions of The Planning Act, unless otherwise provided for in this By-law.
CONTINUANCE OF LAWFULLY EXISTING NON-CONFORMITIES
(2)
All buildings and structures, parcels of land, and uses of land that lawfully existed before the
enactment of this zoning by-law are deemed to conform to the site and use requirements of the
zone in which the buildings and structures, parcel of land or use of land are situated. Any
expansion, addition, relocation or reconstruction of the said buildings and structures or change
in use shall conform to the site and use requirements of the zone in which they are located
unless varied by a variance order.
(3)
A protected non-conformity that existed prior to the effective date of this By-law remains a
protected non-conformity for the purposes of this By-law unless it complies with this By-law.
The intent of this By-law is to permit a non-conformity to continue until it is removed but not to
encourage its survival.
INCIDENTAL ALTERATIONS
(4)
Incidental structural alterations that do not increase the non-conformity and otherwise conform
to this by-law may be made to an existing building that does not conform to the zoning by-law,
pursuant to The Planning Act.
REPAIR OR REBUILDING
(5)
Repairs or incidental alterations may be made to a non-conforming structure.
(6)
Pursuant to the provisions of The Planning Act, where a building that does not conform to the
provisions of the zoning by-law, is damaged or destroyed to an extent of fifty (50%) or more of
the replacement value of the building above its foundation, said building must not be repaired
or rebuilt except in conformity with this by-law and any approved variance.
RM OF STUARTBURN ZONING BY-LAW | Page 31
NON-CONFORMING PARCEL
(7)
If the size or dimensions of an existing parcel of land do not conform to the zoning by-law, the
owner of the land may:
a. Use the land for any use permitted under the by-law; and
b. Construct or alter a building on the land if all requirements of the by-law, such as yards,
building height and floor area, are met.
DISCONTINUANCE OF NON-CONFORMING USE
(8)
If the use of land or the intensity of the use of land does not conform to the zoning by-law and
the non-conformity has been discontinued for more than twelve (12) consecutive months, the
land must not be used after that time except in conformity with the zoning by-law.
NON-CONFORMITY MAY BE ALTERED BY A VARIANCE
(9) Council may permit the following alterations to an existing non-conformity by variance order in
accordance with The Planning Act:
a.
Construction on a non-conforming building beyond that permitted under subsection
3.14.4 above;
b. An increase in the intensity of an existing non-conforming use, other than a variance to
increase the number of animal units in a non-conforming livestock operation;
c.
The repair or rebuilding of a non-conforming building that has sustained more damage
than permitted under subsection 3.14.5 & 3.14.6 above; or
d. The extension of the twelve (12) month time limit under subsection 3.14.8 above for not
more than twelve (12) additional months.
Where any of the above variances do not result in the elimination of the non-conformity, the subject
building, structure, use or parcel shall retain its non-conforming status.
3.15
Land Unsuitable for Development
Notwithstanding the provisions contained in this By-law, Council may prohibit the development of
land for a use permitted in any Zone if Council is of the opinion that the land is subject to flooding,
erosion or subsidence or is within a permafrost area, is low-lying, marshy or unstable, or otherwise
unsuitable or hazardous for the proposed purpose by virtue of its soil, topography or unique
conditions.
RM OF STUARTBURN ZONING BY-LAW | Page 32
3.16
Relationship to Former By-laws
(1)
Unless otherwise provided for herein, building permits issued prior to the effective date of this By-
law shall be considered valid for the purpose of this By-law, provided all the conditions under which
the permit was issued are complied with.
(2)
The adoption of this By-law shall not prevent any pending or future legal action to deal with any
existing land use violations.
(3)
Any use lawfully in existence prior to this By-law, which did not require a Conditional Use
Order prior to this By-law, but that would require a Conditional Use Order to comply with this
By-law, shall be deemed to have a Conditional Use Order sufficient to create compliance with
this By-law provided that no addition, enlargement, or expansion is approved as a Conditional
Use under this By-law.
3.17
Applications and Construction in Process
(1)
Where a development application has been submitted for any type of approval required but no
final action has been taken by the appropriate decision-making body on such application prior to
the effective date of this By-law, the application shall be reviewed and considered in accordance
with either the provisions of the By-law in place on the date of submittal or the provisions of this
By-law, at the applicant's option.
(2)
Any building or structure or portion thereof for which a necessary permit has been issued but
which has not been completed or is not in full operation at the date when this Zoning By-law
becomes effective, and which is not designed for a use permitted in the zone in which it is
located or is proposed to be located, may be completed and operated for the non-conforming
use for which it was designed if it comes into full operation within one year of the said date and
shall, together with the site on which the same is situated and the use to which the same and
the said site are put, be subject to all the provisions of this By-law in respect of nonconforming
uses.
3.18
Zoning Memorandum
Upon request Council will issue a zoning memorandum that states whether or not a building,
parcel or use appears to conform to the zoning by-law. Application for a zoning memorandum
must in in the form and be accompanied by any supporting materials and fees required by council.
3.19
Site Reduced
A site area or site width or required yard reduced below the minimum requirements of this By-law
by virtue of a public works, street or public utility shall be deemed to conform to the requirements
of this By-law.
RM OF STUARTBURN ZONING BY-LAW | Page 33
3.20
Public Utilities and Service
Nothing in this By-law shall be so interpreted as to interfere with the construction, maintenance
and operation of a public service such as police or fire protection. Public utilities, as defined by this
By-law, shall be listed as a Permitted Use in all Zones. Yard, area and height requirements for
proposed public utilities shall be determined by Council and should be of a standard compatible to
the zone in which the public utility is proposed.
3.21
Future Road Allowance
No buildings or structures shall be erected upon any land designated for a future road allowance
by Council. Any development adjacent to said future road allowance should comply with the
requirements of the by-law.
3.22
Connecting to Municipal Services
All principal buildings constructed on a site served by public or private sewer, water or hydro
distribution shall be connected to such services. Sewer and water connections shall be made
within the time limit specified in the Rural Municipality of Stuartburn Sewer and Water By-law and
any amendments thereto.
3.23
Enforcement
The enforcement of this By-law, or any resolution or Order enacted by the Council under The Act
or any regulation made there under shall be in accordance with The Act.
3.24
Fees
Council shall by By-law, establish a fee schedule for development permits, variance orders, zoning
amendments, conditional use orders, zoning memoranda and non-conforming certificates.
RM OF STUARTBURN ZONING BY-LAW | Page 34
PART 4 GENERAL REGULATIONS
4.1
Regulation of Uses
No land, building or structure shall be constructed, enlarged, placed used or occupied except for a use
which:
(1)
Is listed in the zone as:
a. A permitted use development; or
b. A conditional use development, subject to approval
(2)
Is an Accessory Use, building or structure.
(3)
Is a Temporary Use
4.2
One Dwelling Unit Per Parcel/ Holding
Except where otherwise provided in this by-law (e.g. mobile home parks, strip malls), there shall be
only one (1) main building or (1) main use on a zoning site. For example, a residential zoning site shall
contain only one (1) single-unit dwelling or one (1) two-unit dwelling and their accessory buildings,
structures and uses.
4.3
Multiple Uses
Where land, a building or structure is used for more than one purpose; all provisions of this By-law
relating to each shall apply. Where there is a conflict, the more restrictive regulations shall prevail,
except as otherwise approved by Council.
4.4
Secondary Uses and Structures
No secondary use or structure shall be established except those in compliance with the following
regulations:
(1)
No secondary use or structure shall be established prior to the establishment of the principal
use of land, building or structure to which it is secondary;
(2)
The area of land or buildings used or occupied for secondary uses on a site shall not exceed the
area of land or buildings respectively used or occupied by principal uses on the same site; and
(3)
No land, building, or structure shall be used or occupied for any secondary use after the use or
uses to which it is secondary have been discontinued.
4.5
Subdividing of Land
Except as otherwise provided for in this by-law, no parcel of land shall be divided into sites unless
each resulting site conforms to the requirements of the Rural Municipality of Stuartburn Development
Plan and this by-law.
RM OF STUARTBURN ZONING BY-LAW | Page 35
4.6
Excavation, Stripping and Grading
For the purposes of this Section of the By-law excavation shall me excavation for commercial
purposes. A person wishing to excavate, strip or grade land;
(1) Requires the prior approval of Council and a Development Permit;
(2) May be required to provide Council with information as necessary to evaluate the proposal and
may impose conditions and requirements as it deems appropriate and necessary; and
(3) If necessary has obtained the required/ necessary permits for the appropriate government
departments.
4.7
Home Occupations
Home occupation shall be permitted as an accessory use to the principal dwelling or mobile home
and/ or its permitted accessory buildings in all zones provided that:
(1) It shall be limited to those uses which do not interfere with the rights of other residents to quiet
enjoyment of their neighbourhood;
(2) It shall not create a nuisance by way of dust, noise, vibration, smoke, odour, litter, light or hear nor
shall it create or cause any fire hazard, electrical interference or traffic congestion in the
neighbourhood;
(3) There shall be no exterior display, no external storage of materials, containers or finished or
unfinished products and no other exterior indication that the building is being utilized for any
other purpose other than that of a dwelling, except for a home occupation sign.
Home Occupations shall generally include child care services, businesses, professional or organization
offices, crafts and hobbies, private tutoring or lessons, hair stylists and other such uses.
A home occupation shall be subject to the conditional use approval, when it does not comply with the
requirements as noted.
4.8
Home Industry
In order that the business initiatives of the residents are not unreasonably discouraged, non-offensive
light industrial activities and small businesses shall be permitted as a second use, in addition to the
principal use in all zones. In order to accommodate the limited demand for such uses, these shall be
subject to the following criteria:
(1)
The principal use of the site shall be established as residential and be the permanent residence of the
owner/ operator of the proposed use;
(2)
The second use will not generate any unacceptable amounts of noise, odour, or traffic; create any
unsightly appearance or other disturbances that may be deemed unsuitable;
(3)
The proposed use will not create a potential for conflict with activities that would normally occur in the
specific Zone.
RM OF STUARTBURN ZONING BY-LAW | Page 36
Home industries shall generally include farm-related sales and service, machinery and auto repair,
welding, carpentry and other trades and similar uses directly serving the rural population.
4.9
Condominiums
Condominium developments are characterized by individual ownership of dwelling or land units and
common ownership of all other property including buildings and structures or parts thereof, open
space, roadways, pathways and equipment held by the condominium corporation. Such
developments shall be shall be regulated by the following provisions:
(1)
In bare land unit condominium developments, each "bare land unit", as defined in The
Condominium Act, which is delineated by horizontal land boundaries, shall be considered a
"site" as defined herein for the purposes of determining site area and width, yards and other
requirements;
(2)
In bare land unit condominium developments, "common elements", as defined in the said Act,
which will be ordinarily used for the passage of vehicles or pedestrians including roads, road
allowances, streets and lanes but not including pedestrian walkways or off-street vehicle parking
areas, shall be considered:
a. a "street", as defined herein, where such thoroughfare is over thirty-three (33) feet in
width; and
b. a "lane", as defined herein, where such thoroughfare is not over thirty-three (33) feet in
width.
(3)
In condominium developments where the individual dwelling units within a building form the
condominium units, the development shall be considered as a multiple-family dwelling. That is,
the individual condominium units within the building shall be considered as dwelling units
within a multi-family dwelling (apartment block or townhouse) for the purposes of this by-law,
and the building containing the condominium units shall be considered as a multi-family
dwelling for the purposes of bulk requirements.
(4)
Condominium developments that propose a mixture of different land uses, or which do not
conform to the requirements of this by-law will be considered as a Planned Unit Development
and shall be subject to section 4.10 of this Part.
The provisions of the Bulk Requirement Table for the zone in which the development is to be located
and all other regulations and requirements of this by-law shall apply.
4.10
Planned Unit Developments
A Planned Unit Development is primarily a major land development project that, because of its size or
complexity, high density, mixture or land uses or other unusual characteristics, is planned as a single
entity in accordance with an overall site plan. There are many possible innovative projects that can
occur within a Planned Unit Development, including, but not limited to the following:
RM OF STUARTBURN ZONING BY-LAW | Page 37
(1)
Comprehensive redevelopment - mixed use projects;
(2)
Higher quality townhouse and apartment projects containing two or more principal buildings
and characterized by diverse designs;
(3)
Alternative subdivision layouts characterized by an open space nature, clustered developments,
preservation of natural features, separation of pedestrian and vehicular systems, staggered
setbacks, diverse housing types and models and reduced amount of land devoted to streets and
public works; and
(4)
Shopping centres and industrial developments utilizing common elements to address common
parking needs, customer access, etc.
(5)
Planned Unit Developments are allowed as a conditional use in the "GD" General Development
and "H" Hamlet Commercial Zones. Bulk requirements for each development will be
determined by Council.
(6)
An application for the establishment of a Planned Unit Development shall be accompanied by
the following information:
a. those requirements normally required for the issuance of a development permit as
outlined in 3.12 of PART 3; and
b. an impact statement, engineering study or such information as Council may consider
necessary for the review of the proposal.
4.11 Temporary Buildings, Structures, and Uses
PERMIT REQUIRED
(1)
Buildings, structures and uses may be allowed on a non-permanent basis, subject to the
issuance of a development permit from CAO, Development Officer, or designate.
(2)
A development permit for a temporary building, structure or use shall be subject to such
terms and conditions as required the CAO, Development Officer, or designate.
(3)
Each development permit issued for a temporary building, structure or use shall be valid
for a period of not more than six (6) months and may not be renewed for more than two
(2) successive periods at the same location.
(4)
A permit is required from Manitoba Transportation and Infrastructure for any temporary
building or structure within the controlled area adjacent to the provincial highway.
EXCEPTIONS
(5) Notwithstanding the above provisions a development permit shall not be required for:
RM OF STUARTBURN ZONING BY-LAW | Page 38
a. The use, erection or construction of temporary buildings or structures associated
with a development authorized by a separate development permit for the period of
construction; and
b. Temporary buildings, structures and uses associated with fairs, events, games,
exhibitions, public markets, sales in public places, transient traders and similar
provided the necessary licenses under The Municipal Act are obtained as required.
CONSTRUCTION
(6)
Temporary buildings, structures and uses to be used in conjunction with a construction
site:
a. Shall not exceed 1,000 square feet (92.9 sq. metres) in floor area nor 15 feet (4.5
metres) in height;
b. May be used for storage of construction materials and equipment incidental to and
necessary for construction, including uses incidental and necessary for highway
construction and maintenance;
c.
May be used for office space for contractor or developer;
d. Shall not be used for human habitation, except as temporary accommodation for a
caretaker or other staff; and
e. Shall not be detrimental to the public health, safety, convenience and general
welfare.
4.12 Required Yards
Required yards shall be free of buildings, except accessory buildings, which must conform to the other
requirements of this by-law.
General Requirements:
(1)
Except as herein provided, the following provision shall apply in all zones to ensure adequate
yards and setbacks:
a. The yard requirements shall be as set forth in the Bulk Use Requirements Table of each
zone;
b. All yards and other open spaces required for any use shall be located on the same
zoning site as the use;
c.
When a site is occupied for use and has no buildings or structures, the required yards
shall be provided and maintained, except that the side yards shall not be required on a
site which is used for horticultural purposes or for public recreational purposes;
RM OF STUARTBURN ZONING BY-LAW | Page 39
d. Where permitted in this By-law, a building containing more than one unit with
common party walls, such as a semi-detached two-unit dwelling, multiple-unit
dwellings, or multiple-tenant businesses shall be considered as one (1) building
occupying one (1) site for the purpose of side yard regulations;
e. Required yards shall be provided and maintained in accordance with the provisions of
paragraphs (a) and (b) above and shall be unobstructed from ground level to the sky,
except for those obstructions set forth in the following:
i.
For a main building, Architectural features and open, unenclosed projections,
whether vertical or horizontal, such as chimneys, bay windows, alcoves, canopies,
and awnings, eaves, gutters, stairs, landings, porches and unenclosed balconies, may
extend into the required yards for not more than 50% of the required yard depth up
to a maximum of ten feet, except for wheelchair ramps (or similar accessibility
structures which are not subject to the restriction for required yards.
ii.
For an accessory building the architectural features as noted in (i) shall not
encroach into an adjoining yard;
iii. Open, unenclosed stairways or balconies, not covered by a roof or canopy, may
project into a required rear yard or required front yard for a distance of not
more than five (5) feet;
iv. Fences, hedges and landscape architectural features placed in such a manner as
to produce a fence effect, shall be permitted in all required yards of corner lots if
maintained at a height of not more than two and one-half (2 1/2) feet in the
front yard and at a height of not more than six (6) feet in the rear and side yards.
f.
Minimum required yards contained in this By-law do not relieve the owner from
compliance with applicable provincial, federal or municipal requirements where said
requirements demand greater setbacks;
g. On a site, no fence, wall, hedge, shrubs or other landscape features shall be placed in
such a manner as to produce a fence effect or visual barrier hazardous to vehicle and
pedestrian traffic;
h. Permits are required from Manitoba Transportation and Infrastructure for any planting
proposed within 15 meters from the edge of a provincial highway right-of-way; and
i.
Plantings, in the Rural Areas, in yards adjacent to a municipal right-of-way shall be no
closer than 15 feet (4.5 metres) from the property line.
RM OF STUARTBURN ZONING BY-LAW | Page 40
Area and Yard Requirements:
(2)
Except as herein provided, the following special provisions shall apply in all zones (or as
otherwise noted) to ensure adequate site and required yard requirements:
a. Where a site is occupied for a use permitted in the "IC" Rural / Commercial Zone and
has no buildings or structures therein, the required yards for the zone within which it
is located shall be provided and maintained.
b. No building or structure shall be permitted on a corner site when such building or
structure is to be oriented in such a manner as to reduce the required front yard
requirement on the street on which such corner site has its frontage at the time this
Zoning By-law becomes effective.
c.
It shall be a continuing obligation of the owner to maintain the minimum required site
area, yards and other open spaces required herein for any use as long as it remains in
existence. Furthermore, the minimum required site area, yards and other open space
allocated to a use as per requirements of this Zoning By-law shall not, by virtue of
change of ownership, or for any other reason, be used to satisfy the yard, and other
open space, or minimum site area requirements for any other use.
d. The yard requirements shall be set forth in the BULK REQUIREMENT TABLES of each
zone.
e. Required Yards provided for a building or structure, existing on the effective date of
this Zoning By-law or amendments thereto, shall not be reduced, or further reduced, if
already less than the minimum requirements of that zone.
f.
All required yards and other open space required for any use shall be located on the
same site as the use.
Front Yard Exceptions:
(3)
Where sites shall be provided and maintained in accordance with the provisions of this
PART, these shall be unobstructed from ground level to the sky, except as set forth in the
BULK TABLES of the affected Zones and as follows:
a. Fire escapes may extend or project into any required front, side or rear yard not more
than four (4) ft., provided the width of such side yard is not reduced to less than two
(2) ft.
b. Open, unenclosed stairways or balconies above the first floor, not covered by a roof or
canopy, may extend or project into a required rear yard not more than four (4) ft. and
RM OF STUARTBURN ZONING BY-LAW | Page 41
such balconies may extend into a required front yard not more than two and one-half
(2 ½) ft.
c.
Open, unenclosed porches, or platforms, not covered by a roof or canopy, which do
not extend above the level of the first floor of the building, may extend or project into
any required front, side or rear yard not more than four (4) ft. provided the width of a
required side yard is not reduced less than three (3) ft.
d. Open work ornamental fences, uncovered walks, arbours, trellises, lighting fixtures,
landscape architectural features or guard railing, for safety protection around
depressed ramps, may be located in any required front yard if maintained at a height
of not more than three and one-half (3 ½) ft. above the average ground level adjacent
thereto. An open work type railing not more than three and one-half (3 ½) ft. in height
may be installed or constructed on any balcony, stairway, porch, platform or landing
place.
e. A fence or hedge shall be permitted in any required front yard, but may not exceed
four (4) ft in height in the "H", "HC", OSR", "GD" and "RR" zones.
f.
Landscape features, such as trees, shrubs, flowers or plants shall be permitted in any
required front, side or rear yard provided they do not produce a hedge effect contrary
to the provisions of subsection (f) above.
g. Name plates, signs, as permitted and regulated in this PART, or signs for lease or rental
of the premises on which they are located as permitted in this PART, shall be allowed
in any required front, side or rear yard.
h. Open work ornamental fences, hedges, landscape architectural features or guard rails
shall not be located and maintained so as to preclude complete access at all times
about a main building. Gates or other suitable openings at least two and one-half (2
½) ft. in width shall be deemed adequate for such an access.
Yards Abutting Residential Uses:
(4)
Notwithstanding any provision of this By-law, the following special yard requirements shall
apply along with all Residential use limits:
a. When a proposed commercial use abuts a residential use the side yard requirement shall
be a minimum of ten (10) feet
b. When a proposed industrial use abuts a residential use the side yard requirement shall
be a minimum of twenty-five (25) feet
RM OF STUARTBURN ZONING BY-LAW | Page 42
The following diagram illustrates the requirements under a. and b.:
4.13
Subdivision of Attached Dwellings
(1)
A site with a two-unit attached dwelling or row type dwelling located thereon may be
subdivided into two (2) or more sites provided that:
a. Any new site line shall, where possible be a straight line between the front and rear site
lines, located in such a manner that the party wall of two adjacent units shall form part of
the new site line;
b. Each site created shall have frontage on a street other than a lane;
c. Each site created shall have not less than one (1) on-site parking space with direct access
to either the public lane or street;
d. The permitted use for each site shall be for one (1) attached single-unit dwelling and
permitted accessory uses only;
e. Notwithstanding the subdivision of the above the sites created continue to form a single
zoning site only; and
RM OF STUARTBURN ZONING BY-LAW | Page 43
f. Notwithstanding the minimum requirement of Table any new site created pursuant to this
subsection shall have a minimum site area of two thousand (2,000) square feet and a
minimum site width of twenty (20 feet). No side yard is required along a party wall.
4.14 Accessory Buildings and Structures and Uses
(1)
Accessory buildings, structures and uses shall be permitted on the same zoning site as the
main building, structure or use subject to the provisions of this Section and the Use Table
and Bulk Use Requirements Table of the zone in which the accessory buildings, structures
and uses are to be located.
(2)
Accessory buildings and structures, except as otherwise regulated in this By-law, shall be
subject to the following regulations:
(3)
Where the accessory building or structure is attached to a main building or structure, it
shall be subject to, and shall conform to, all regulations of this By-law applicable to the
main building or structure;
(4)
Detached accessory buildings or structures shall not be located in any required front yard;
(5)
Detached accessory buildings or structures shall not be located closer than 10 feet (3
metres) to any main or accessory building or structure;
(6)
No accessory building or structure shall be erected prior to the main building or structure
except:
a. where it is necessary for the storage of the tools and materials for use during
construction of the main building or structure or is essential to the construction of
the main building or structure;
b. permit(s) for the main building or structure are taken out at the same time as the
permit for the accessory building or structure.
(7)
Accessory buildings or structures shall not be used for human habitation except as
otherwise permitted herein.
(8)
Accessory buildings, structures and uses shall be limited to those listed on Tables 5-2 and
Table 5-3 for each respective zone, except where Council approves a variance because the
accessory building, structure or use would be compatible with the character and use of
the subject zone.
4.15 Road Access
No permanent building may be constructed or placed on a parcel which does not have legal access to
an improved public road.
RM OF STUARTBURN ZONING BY-LAW | Page 44
4.16 Service Connections
Where a parcel is served by municipal piped sewer or water, no permanent principal building or
dwelling shall be constructed or placed unless it is connected to such services.
4.17 Public Utilities
This by-law shall be interpreted so as not to interfere with the construction, erection and location of a
public utility's works, plant, pipes, cables, or equipment.
4.18 Parking
Any proposed development is required to show that the proposed development provides sufficient
usable area to meet the parking needs of all residents, employees, visitors and loading needs. Parking
requirements will be at the discretion of the Designated Officer or CAO. The CAO or Designated officer
will take into account the number of dwellings units, the parcel size, site requirements and proposed
use when considering the necessary number of parking spots. The CAO or designated Officer may
require that that the parking requirements be referred to Council to determine parking needs.
4.19 Signs
General Requirements
(1)
The regulations herein are designed to establish a minimum control of signs.
(2)
The following provisions shall apply to all signs erected or maintained within the RM, except
wherein otherwise stated:
a. No sign or sign structure shall be erected at any location where it may interfere with
or obstruct the view of any street, intersection or railway grade crossing, normal
maintenance or be confused with any authorized traffic sign, signal or device. No
rotating beam, beacon or flashing illumination resembling an emergency light shall be
used in connection with any sign display;
b. All signs and sign structures shall be kept in good repair and in a proper state of
preservation.
c.
Signs which have become obsolete because of discontinuance of the operation or
activity or are not maintained in good condition or repair shall be repaired, removed or
relocated within thirty (30) days following notice by the CAO, Development Officer, or
designate; and
d. Flashing signs and digital signs are not permitted within Residential Zones or within
100 feet (30 meters) of Residential Zones.
4.20 Rules of Measurement
The following rules of measurement apply to the text of this By-law:
(1)
Building height is measured as the vertical distance from grade to the:
a. Highest point of the roof surface of a flat roof or a shanty roof;
RM OF STUARTBURN ZONING BY-LAW | Page 45
b. Deck of a mansard roof; or,
c.
Mean height level between eaves and ridge for gable, hip or gambrel roof.
(2)
Floor area is measured as the sum of all gross floor areas of all the floors of all buildings and
structures on the zoning site and shall include:
a. Basements when used for residential, commercial or industrial purposes, but not including
space used for storage or the housing of mechanical or central heating equipment;
b. Any area used for parking within the principal building;
c.
Floor space used for mechanical equipment (with structural headroom of six and a half
(6.5) feet or more) except equipment, open or enclosed, located on the roof;
d. Elevator shafts and stairwells at each storey except shaft and stair bulkheads and exterior
unroofed steps or stairs; and,
e. Penthouses, mezzanines, attics where there is a structural headroom of six (6) feet or
more.
(3)
Lot area is measured as the amount of gross land areas contained within the property lines of a
lot or parcel.
(4)
Lot coverage is measured as the percentage of the total lot area covered by buildings. The
following structures are not counted as covered areas for purposes of determining lot coverage:
a. Areas covered by open swimming pools and hot tubs;
b. Open decks, landings, and stairs less than four (4) feet above grade;
c.
Accessory structures with a cumulative lot coverage under 108 square feet in total area;
and,
d. Any permitted projections.
(5)
Lot depth is the horizontal distance between the center points in the front and rear lot lines. In
the case of a flag lot, the lot depth is measured as one-half of the cumulative horizontal lengths
of all of the sidelines of the lot.
(6)
Lot depth line
a. For an interior lot or corner lot, the lot depth line is the line between the front lot line
center point to the rear line center point; and,
b. For a through lot, the lot depth line is the line between the center points on the two front
lot lines with the maximum horizontal separation.
RM OF STUARTBURN ZONING BY-LAW | Page 46
(7)
Lot line center point
The center point of a lot line is located at one-half the cumulative distance of the length of all
line segments or arcs forming the lot line.
(8)
Lot width
Lot width is the lesser of the horizontal distance between the side lot lines of a lot, measured at
right angles to the lot depth line at a point midway between the front and rear lot lines, or at 50
feet from the front lot line.
(9)
Yards or Setbacks
a. Yards or setbacks means those areas of lots that are unoccupied and unobstructed from
its lowest level to the sky, except as specifically allowed in Section 4.11, of this By-law.
Yards or setbacks extend along a lot line or wall to a depth or width (measured from the
lot line or wall) specified in the yard requirements for the zone in which such lot is located;
and,
b. When an accessory building forms part of the main building, said accessory building shall
be deemed part of the main building for the purpose of calculating yard requirements.
4.21
Standards for Portable Garages
The installation of a portable garage shall be allowed as an accessory use in all zones subject to the
following rules:
(1)
A portable garage is not allowed within the required front yard of a site;
(2)
A portable garage must meet the requirements for accessory building side and rear yard
requirements;
(3)
A portable garage must not exceed the height restrictions for accessory buildings in the zone in
which it is located;
(4)
A portable garage must not exceed 200 square feet in area;
(5)
A portable garage must be placed on a driveway or parking space;
(6)
A portable garage must be kept in good condition (any rip in the fabric must be repaired); and
(7)
A maximum of one (1) portable garage is allowed on a site
4.22 Shipping Containers
Shipping Containers may be allowed as a conditional accessory use in the "A", "AR", "AL", "HC",
"OSR", "IC" "H" and "RR" Zones.
(1)
Shall only be used for accessory storage;
(2)
Shall only be located to the side or the rear yard provided that it is:
RM OF STUARTBURN ZONING BY-LAW | Page 47
a. Screened from view from any public street and abutting properties;
b. Complies with the site coverage and setback requirements of the zone;
c. Not located in any required yard; and
d. Not located in any required parking areas or landscape buffer.
(3)
Shall be included in all calculations to determine maximum site coverage.
(4)
The maximum number of shipping containers shall be limited to 1 shipping container in
the "RR" and "H" zones and 2 shipping containers in the "A", "AR", "AL", "HC", "OSR", and
"IC" zones;
(5)
Notwithstanding the above, when actively used for the transportation of goods and
materials no maximum shall apply; and
(6)
Notwithstanding the above, a shipping container may be permitted for temporary storage
on construction sites in all zones in accordance with Section 4.11 Temporary Building Uses
and Storage.
RM OF STUARTBURN ZONING BY-LAW | Page 48
PART 5: ZONES
5.1
ESTABLISHING ZONES
This Part establishes the zones and contains basic information pertaining to the zones, primarily statements
of purpose and district specific regulations.
The zones, names of zones and abbreviations shown in Table 5-1, and the locations and boundaries of the
zones shown on maps set out in Schedule A are hereby established.
TABLE 5-1: ZONES ESTABLISHED
Zone Type
Abbreviation
Zone Name
Rural
A
Agriculture
AL
Agriculture Limited
AR
Agriculture Restricted
RR
Rural Residential
IC
Rural Industrial/Commercial
OSR
Open Space Recreational
HC
Highway Commercial
Urban
H
Hamlet
GD
General Development
5.1
Zoning Boundaries
The zones established above in table 5.1 shall apply within the boundaries on the zones shown on
the maps in Schedule A following these rules of interpretation:
a. Boundaries indicated as approximately following the centre-lines of streets, lanes,
highways, rivers or railway or Utility Service lines or rights-of-way shall follow such lines
b. Boundaries indicated as approximately following parcel limits as shown on a registered
plan or by reference to the Dominion Government Survey shall follow such limits.
5.2
Zones
The rural zones contained in this by-law are intended to provide appropriately located areas in
unserviced rural areas to allow for a variety of agricultural, natural resource, environmental
preservation, housing, community, and business uses that respect the scale and character of the
Rural Municipality of Stuartburn. These zones are intended for areas outside of settlement
areas.
RM OF STUARTBURN ZONING BY-LAW | Page 49
(1)
"A" AGRICULTURE to provide for areas where agriculture or resource related uses are
allowed and agriculturally related commercial or industrial uses may occur. Natural areas
and related uses are also appropriate in this zone;
(2)
"AL" AGRICULTURE LIMITED to allow limited agricultural uses and resource-related uses in
areas with environmental restrictions, poor soils, and unique topography. Natural areas and
related uses are also an appropriate use in this zone;
(3)
"AR" AGRICULTURE RESTRICTED to allow limited agricultural and resource related uses
around settlement areas.
(4)
"RR" RURAL RESIDENTIAL to allow for rural non-farm residential development utilizing
primarily on-site sewage and water services.
(5)
"IC" RURAL INDUSTRIAL/COMMERCIAL to provide for intensive agriculturally-related
commercial / industrial development, and those uses requiring large areas that are not
suitable for urban areas.
(6)
"OSR" OPEN SPACE RECREATIONAL to allow for areas for open space, parks and recreation
uses which cannot be easily located in the urban areas such as golf courses, campgrounds,
shooting ranges, or RV parks.
(7)
"HC" HIGHWAY COMMERCIAL this zone is intended to accommodate highway-oriented
commercial uses which serve the travelling public along a Provincial Road or Provincial Trunk
Highway. The Highway Commercial zone is also intended to provide for light manufacturing
and agri-related commercial in rural areas.
Urban Zones
The town zones contained in this by-law are intended provide appropriately located areas within serviced
and unserviced settlement area to allow for a variety of housing, community, industrial, and business
uses that respect the scale and character of settlement area. The commercial and general development
zones are intended to for areas in and around Vita that are connected or may be connected in the near
future to urban services such as piped water and sewer with appropriate lot sizes and setbacks.
(8)
"H" HAMLET to provide areas for primarily un-serviced residential uses with the opportunity
to allow for some commercial and community facilities in the Hamlets of Stuartburn,
Gardenton, and Sundown.
(9)
"GD" GENERAL DEVELOPMENT to accommodate primarily residential development with
town services while maintaining flexibility for a wide variety of commercial and industrial
uses that may be allowed in the settlement centre of Vita.
RM OF STUARTBURN ZONING BY-LAW | Page 50
5.3
INTERPRETATION OF ZONE REQUIREMENTS
Definition of Symbols Used in the Tables
(1)
Tables 5-2 to 5-12 below list the principal and accessory uses allowed within all zones.
(2)
Tables 5-2 to 5-12:
a. "P" in a cell indicates that the use identified at the far left of that row is permitted in the
zone identified at the top of that column;
b.
"C" in a cell indicates that, in the zone identified at the top of that column, the use
identified at the far left of that row is allowed only if reviewed and approved as a
conditional use in accordance with the procedures of The Act;
c.
A blank cell indicates that the use identified at the far left of that row is not permitted
in the zone identified at the top of the column.
d. A number in a cell with the column headed "Use Specific Standard" identifies a section
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 or Variance Order.
e. An asterisk symbol (*) following the "P" or "C" symbol indicates that a use specific
standard imposed by a section identified in the cell located with the same row and
within the column headed "Use Specific Standards" applies to permitted or conditional
uses, as the case may be, within the zone.
(1)
No land shall be used or occupied, and no building or structure shall be erected, altered,
used, relocated or occupied hereafter for any use in any zone in which such land, building or
structure is located other than a use listed in the Use Table for the subject zone.
(2)
The development and execution of this by-law is based upon the division of The Area into zones,
within which zones the use of land, buildings and structures in relation to the land are
substantially compatible. There are certain uses deemed conditional uses which, because of
their unique characteristics, cannot properly be classified in any particular zone or zones
without consideration of the impact of those uses upon neighbouring land and of the public
need for the particular use at the particular location.
5.4 IMPLICATIONS OF TABLE ABBREVIATIONS
(3)
The following applies to Tables 5-2 to 5-12.
a. Permitted uses ("P") are subject to all other applicable regulations in all Parts of this by-
law.
b. Conditional uses ("C") are subject to all other applicable regulations in all Parts of this by-
law No land, building, or structure shall be used or occupied, and no building or structure
shall be constructed, erected, altered, enlarged, or placed, except in accordance with the
bulk requirements described in the Bulk Regulations Tables (See tables 5-2 to 5-12).
RM OF STUARTBURN ZONING BY-LAW | Page 51
TABLE 5-2: PRINCIPAL USE TABLE - ALL ZONES
RURAL
URBAN
USE
SPECIFIC
STANDARD
USES
A
AL
AR
RR
IC
OSR
HC
H
GD
Agricultural and Resource-based
Abattoirs, meat/ food
processing and
packaging
C
C
C
C
Section 6.3
Aggregate/Resource
Extraction/ Processing
C
C
C
C
Section 6.1
Agricultural operations,
excluding livestock
P
P
P
P
Agri-business
C
C
C
P
C
Agricultural auction
mart
C
Agricultural exhibition
grounds
C
C
C
P
Agricultural Support
Industry
C
C
C
Anhydrous ammonia
facilities
C
C
C
Section 6.2
Apiary
P
P
P
P
Cannabis Cultivation
C
C
C
Livestock operations
producing between 10
and 200 AU
P
P
C*
Section 6.13
Livestock operations
producing between 200
and 400 AU
P
C
C*
Section 6.13
Livestock operations
producing 400 or more
AU'S
C
C
Section 6.13
Resource Related
Industry
C
C
C
C
C
Specialized agriculture
P
P
C
P
C
Stables and Riding
academies
P
P
C
Commercial Sales and Service
Agricultural Implement
Sales and Service
C
P
C
C
C
*no new livestock operations in AR Agricultural Restricted only expansion of existing operations up to 400 AU
RM OF STUARTBURN ZONING BY-LAW | Page 52
Table 5-2
RURAL
URBAN
USE
SPECIFIC
STANDARD
USES
A
AL
AR
RR
IC
OSR
HC
H
GD
Automobile, vehicular and
equipment service, sales repair
P
P
C
C
Section 6.4
Cannabis retail store
Eating and drinking
establishment
P
C
C
Hotel/Motel
P
P
C
Landscape orgarden supply
P
P
P
P
P
C
Personal services
P
P
P
Professional, financial and
office
P
P
P
Retail
P
P
P
Retail Restricted
C
C
Shopping centre
C
C
Community
Clinic
P
P
Cultural centre
P
P
P
Day care
P
P
Emergency services
P
C
C
Funeral home/Mortuary
C
C
Hospital
P
P
Place of worship- existing
P
P
P
P
P
Place of worship- new
C
P
P
Place of Assembly
P
P
Public facility
P
P
C
C
Public utility
P
P
P
P
P
P
P
P
P
Education
College or university
P
P
Commercial school
P
P
Interpretive Centre
C
C
P
P
Library
P
P
Preschool
P
P
School
P
P
Manufacturing
Manufacturing - light
P
P
P
C
Manufacturing - heavy
C
C
C
C
Cannabis processing
C
C
C
Other Uses
Cemetery
P
P
P
P
C
C
RM OF STUARTBURN ZONING BY-LAW | Page 53
Table 5-2
RURAL
URBAN
USE
SPECIFIC
STANDARD
USES
A
AL
AR
RR
IC
OSR
HC
H
GD
Concrete and asphalt batching
plants
C
C
C
P
C
C
C
Contractors establishments
P
P
P
P
Crematorium
C
C
C
C
Fireworks, Dangerous goods or
Agrichemical Storage Facility
C
C
Kennel
C
C
C
Planned unit development
C
C
Self-Storage
C
C
P
C
C
Lumber yard
P
C
C
Scrap yard
C
C
C
C
C
Veterinary clinics
C
C
C
P
P
P
P
Public works and utilities
Public works yard
C
C
C
P
C
C
C
Recycling collection centre
P
C
C
Sewage treatment plants and
lagoons
C
C
C
Section 6.14
Solid waste disposal facility
C
Section 6.14
Waste transfer station
C
C
C
C
Wind energy generating
systems (WEGS)
C
C
C
Section 6.17
Recreation
Campground
P
P
C
C
Entertainment/amusement
facility
C
P
C
C
C
Gun range
C
C
C
Micro campground
C
C
C
Section 6.11
Recreation facility, indoor
C
C
C
Recreation facility, outdoor
P
P
P
Parks, public reserves and
open space
P
P
P
P
P
P
P
P
P
Residential
Dwelling - Single-unit
P
P
P
P
P
P
Dwelling - Two-unit
P
P
Dwelling - Multi-unit
C
C
Dwelling - Mobile home
P
P
P
C
P
C
RM OF STUARTBURN ZONING BY-LAW | Page 54
Table 5-2
RURAL
URBAN
USE
SPECIFIC
STANDARD
USES
A
AL
AR
RR
IC
OSR
HC
H
GD
Group home
C
C
C
Residential care facility
C
C
Transportation
Airfield
P
P
P
Park and ride facility
P
P
P
School bus storage and
maintenance
C
C
C
Trucking terminals and freight
services
P
C
C
RM OF STUARTBURN ZONING BY-LAW | Page 55
TABLE 5-3: ACCESSORY USE, BUILDING OR STRUCTURE TABLE- ALL ZONES
Table 5-3 Accessory Uses
RURAL
URBAN
USE SPECIFIC
STANDARD
USES
A
AL
AR
RR
IC
OSR
HC
H
GD
Administrative and
business offices
P
P
P
P
P
P
P
P
Agricultural buildings,
including barns, grain bins,
and similar structures
P
P
P
P
P
Agri-tourism
P
P
P
Airfield
P
P
P
Athletic fields, park play
areas and similar
P
P
C
P
P
P
P
Backyard Bee Keeping
P
P
P
C
C
Section 6.5
Bed and breakfast
C
C
C
C
C
C
C
Section 6.6
Cemetery
C
C
Cryptocurrency mining
C
C
Communication tower -
private
P
P
P
P
P
P
P
P
P
Contractors establishment
C
C
C
C
C
C
C
Daycare, Community
C
C
Daycare, Group
C
C
C
C
C
C
C
Daycare, Home
P
P
P
P
P
P
Drive-in/drive-through
establishment
P
C
C
Section 6.8
Dwelling unit - Except
when a dwelling is the
main use, a single-unit
dwelling, mobile home
dwelling or dwelling unit
for the owner/operator or
for an
institution/industrial site
or caretaker if necessary
C
C
C
C
P
C
C
Fireworks, Dangerous
goods or agrichemical
storage facility
C
C
C
C
C
Section 6.7
Fuel tank storage
P
P
P
P
P
C
C
Garage, carport, covered
patio, tool house, shed or
similar building - private
P
P
P
P
P
P
P
P
P
Section 4.21
Greenhouse or
conservatory-private
P
P
P
P
P
P
P
P
p
RM OF STUARTBURN ZONING BY-LAW | Page 56
Table 5-3 Accessory Uses
RURAL
URBAN
USE
SPECIFIC
STANDARD
USES
A
AL
AR
RR
IC
OSR
HC
H
GD
Group Home
C
C
C
C
C
Hobby Poultry and
associated structures
P
P
P
P
P
Section 6.9
Home Occupation
P
P
P
C
C
C
Section 4.7
Home Industry
P
C
C
Section 4.6
Hotel, Motel
C
House, Boarding, rooming,
lodging
C
C
C
C
C
C
C
Keeping of animals and
associated structures
P
P
P
P
P
Section 6.10
Kennels
C
C
C
C
C
C
Micro Campground
C
C
C
C
C
C
Outdoor patio accessory
to an eating and drinking
establishment
C
C
C
C
Park/ Playground
P
P
P
P
P
P
P
Portable garages
P
P
P
P
P
P
P
P
P
Section 4.21
Pet services
C
C
C
C
C
C
Retail business/ service
when incidental to the
main use
C
C
C
C
C
C
Sales and service areas
associated with principal
use
C
C
C
C
C
C
C
C
Secondary Suite/Garden
suite
C
C
C
C
C
Section 6.16
Shipping container
C
C
C
C
C
C
C
Section 4.22
Stable/ Riding academy
P
P
P
P
Storage compounds,
storage of goods used in
or produced by activities
on-site
P
P
P
C
P
C
C
Swimming pool
P
P
P
P
C
P
P
Section 6.12
Solar collector
P
P
P
C
P
P
P
C
C
Section 6.15
Other Uses Mentioned in
definitions as accessory
To be determined by Council
RM OF STUARTBURN ZONING BY-LAW | Page 57
Table 5-4 "A"- Agriculture Zone
Intent: This zone is intended for agricultural purposes and protects farmland from encroachment by new
non-agricultural development which might interfere with agricultural production and increase the potential
for land use conflicts. Compatible secondary uses are encouraged provided the primary use of land is
agricultural.
Use Class
P=Permitted
C= Conditional
Underline = only as a Secondary Use
Minimum Requirements
Site Area
(acres)
Site Width
(ft.)
Front Yard
(ft.)
Side Yard
(ft.)
Rear Yard
(ft.)
Abattoir, meat food processing/ packaging
C
10
200
125
25
10
Aggregate/ Resource Extraction/ Processing
C
10
200
125
25
10
Agribusiness
C
80
400
125
10
10
Agricultural Exhibition Grounds
C
80
400
125
10
10
Agricultural operations, excluding livestock
P
80
400
125
10
10
Agriculture Support Industry
C
As Determined by Council
Airfield
P
10
200
125
25
10
Anhydrous Ammonia Facility
C
5
200
125
25
10
Apiary
P
10
200
125
25
25
Bed and Breakfast
P*
n/a
n/a
n/a
n/a
n/a
Bulk Fuel and Storage
C
5
200
25
25
10
Cannabis cultivation
C
80
400
125
10
10
Cannabis processing
C
80
400
125
10
10
Cemetery
P
5
200
125
25
25
Concrete and asphalt batching plant
C
10
200
125
25
10
Crematorium
C
5
200
25
25
10
Dwelling, single-unit: incld. mobile homes
and previously occupied to be moved
P
2
200
125
25
10
Fireworks, Dangerous goods or
Agrichemical Storage Facility
C
10
200
125
25
10
Group Home
C
2
200
125
25
10
Gun Range
C
2
200
125
25
10
Home Industry
C
-
-
-
-
-
Home Occupation
P
-
-
-
-
-
Interpretive Centre
C
2
200
125
25
10
Kennel
C
2
200
125
25
10
Landscape or garden supply
P
5
200
125
25
10
Livestock operations producing between 10
and 400 AU
P
80
600
125
25
25
RM OF STUARTBURN ZONING BY-LAW | Page 58
Use Class
P=Permitted
C= Conditional
Underline = only as a Secondary Use
Minimum Requirements
Site Area
(acres)
Site Width
(ft.)
Front Yard
(ft.)
Side Yard
(ft.)
Rear Yard
(ft.)
Livestock operations producing
400 or more AU'S
C
80
600
125
25
25
Micro Campground
C
As determined by Council
Parks, Public reserve and open
space
P
n/a
n/a
n/a
n/a
n/a
Place of worship- existing
P
2
200
25
25
10
Public Works Yard
C
2
200
25
25
10
Resource Related Industry
C
2
200
25
25
10
Scrap yard
C
5
200
125
25
10
Sewage treatment plants and
lagoon
C
As determined by Council
Solid Waste Disposal
C
20
200
125
50
50
Specialized agriculture
P
10
200
125
25
10
Stables and riding academy
P
5
200
125
25
10
Similar uses otherwise not listed
C
As determined by Council
Veterinary clinic
C
2
100
75
25
25
Waste Transfer Station
C
20
200
125
50
50
Wind Energy Generating System
C
40
200
125
25
10
Accessory/ Secondary Buildings &
Structures
P
n/a
125
25
10
10
RM OF STUARTBURN ZONING BY-LAW | Page 59
Table 5-5 "AL"- Agriculture Limited Zone
Intent: This zone is intended to allow limited agricultural uses and resource-related uses in areas with
environmental restrictions, poor soils, and unique topography. Natural areas and related uses are also an
appropriate use in this zone.
Use Class
P=Permitted
C= Conditional
Underline = only as a Secondary Use
Minimum Requirements
Site Area
(acres)
Site Width
(ft.)
Front
Yard
(ft.)
Side Yard
(ft.)
Rear Yard
(ft.)
Abattoir, meat/food processing and packaging
C
10
200
125
25
10
Aggregate/ Resource Extraction/ Processing
C
10
200
125
25
10
Agribusiness
C
80
400
125
10
10
Agricultural Exhibition Grounds
C
80
400
125
10
10
Agricultural operations, excluding livestock
P
80
400
125
10
10
Agriculture Support Industry
C
80
400
125
10
10
Airfield
P
5
200
125
50
50
Anhydrous Ammonia Facility
C
5
200
125
25
10
Apiary
P
10
200
125
25
25
Bed and Breakfast
P*
n/a
n/a
n/a
n/a
n/a
Bulk Fuel and Storage
C
5
200
25
25
10
Cannabis cultivation
C
80
400
125
10
10
Cannabis processing
C
80
400
125
10
10
Cemetery
P
2
200
125
25
25
Concrete and asphalt batching plan
C
10
200
125
25
10
Crematorium
C
5
200
25
25
10
Fireworks, Dangerous goods or Agrichemical
Storage Facility
C
10
200
125
25
10
Dwelling, single-unit: incld. mobile homes and
previously occupied to be moved
P
2
200
125
25
10
Group Home
C
2
200
125
25
10
Gun Range
C
2
200
125
25
10
Home Industry
C
-
-
-
-
-
Home Occupation
P
-
-
-
-
-
Interpretive Centre
C
2
200
125
25
10
Kennel
C
2
200
125
25
10
Landscape or garden supply
P
5
200
125
25
10
RM OF STUARTBURN ZONING BY-LAW | Page 60
Use Class
P=Permitted
C= Conditional
Underline = only as a Secondary Use
Minimum Requirements
Site
Area
(acres)
Site Width
(ft.)
Front Yard
(ft.)
Side Yard
(ft.)
Rear Yard
(ft.)
Livestock operations producing between 10 and
200 AU
P
80
600
125
25
25
Livestock operations producing 200 or more
AU's
C
80
600
125
25
25
Micro Campground
C
As determined by Council
Parks, public reserve and open space
P
2
200
50
25
10
Place of worship- existing
C
2
200
125
25
10
Public works yard
C
2
200
125
25
10
Public utility
C
As determined by Council
Resource related industry
C
2
200
125
25
10
Scrap yard
C
5
200
125
25
10
Sewage treatment plants and lagoons
C
As determined by Council
Specialized agriculture
P
10
200
125
25
10
Stables and riding academy
P
5
200
125
25
10
Waste transfer station
C
20
200
125
50
50
Wind Energy Generating System (WEGS)
C
40
200
125
25
10
Similar uses otherwise not listed
C
As determined by Council
Veterinary clinic
C
2
100
75
25
25
Accessory/ Secondary Buildings & Structures
P
n/a
n/a
125
10
10
RM OF STUARTBURN ZONING BY-LAW | Page 61
Table 5-6 "AR"- Agriculture Restricted
Intent: This zone is intended for agricultural purposes with limited livestock production and protects adjacent
urban communities from activities associated with livestock production.
Use Class
P=Permitted
C= Conditional
Underline = only as a Secondary Use
Minimum Requirements
Site Area
(acres)
Site Width
(ft.)
Front Yard
(ft.)
Side Yard
(ft.)
Rear Yard
(ft.)
Abattoir, meat/food processing and packaging
C
10
200
125
25
10
Aggregate/ Resource Extraction/ Processing
C
10
200
125
25
10
Agri-business
C
2
200
125
25
25
Agricultural exhibition grounds
C
2
200
125
25
25
Agricultural Implement Sales and Service
C
2
200
125
25
25
Agricultural Operations excluding Livestock
P
80
400
125
10
10
Agriculture Support Industry
C
80
400
125
10
10
Airfield
P
10
200
125
25
10
Apiary
P
10
200
125
25
25
Bed and Breakfast
P*
n/a
n/a
n/a
n/a
n/a
Bulk Fuel and Storage
C
5
200
25
25
10
Cannabis cultivation
C
80
400
125
10
10
Cannabis processing
C
80
400
125
10
10
Cemetery
P
2
200
125
25
25
Concrete and asphalt batching plan
C
10
200
125
25
10
Crematorium
C
5
200
25
25
10
Dwelling, single-unit: incl. mobile homes and
previously occupied to be moved
P
2
200
125
25
10
Fireworks, Dangerous goods or Agrichemical
Storage Facility
C
10
200
125
25
10
Home Industry
C
-
-
-
-
-
Home Occupation
P
-
-
-
-
-
Kennel
C
2
200
125
25
10
Livestock operations producing between 10
and 400 AU - expansion of existing only
C
80
600
125
25
25
Micro Campground
C
As determined by Council
Parks, public reserve and open space
P
2
200
50
25
10
Place of worship - existing
P
2
200
125
25
10
Place of worship -new
C
2
200
125
25
10
Public Utility
P
As determined by Council
Public works yard
C
2
200
125
25
10
RM OF STUARTBURN ZONING BY-LAW | Page 62
Use Class
P=Permitted
C= Conditional
Underline = only as a Secondary Use
Minimum Requirements
Site Area
(acres)
Site Width
(ft.)
Front Yard
(ft.)
Side Yard
(ft.)
Rear
Yard
(ft.)
Resource Related Industry
C
As determined by Council
School bus storage and maintenance
C
2
200
125
25
10
Scrap yard
C
5
200
125
25
10
Self-Storage
C
2
200
125
25
10
Sewage Treatment Plants and Lagoon
C
As determined by Council
Specialized agriculture
C
10
200
125
25
10
Stables or riding academy
C
5
200
125
25
10
Similar uses otherwise not listed
C
As determined by Council
Veterinary clinic
C
2
100
75
25
25
Waste Transfer Station
C
20
200
125
50
50
Wind Energy Generating System
C
40
200
125
25
10
Accessory/ Secondary Buildings & Structures
P
n/a
n/a
125
10
10
RM OF STUARTBURN ZONING BY-LAW | Page 63
Table 5-7 "RR"- Rural Residential
Intent: This zone is intended to provide permanent single and two family dwellings in a rural setting without
the provision of urban services.
Use Class
P=Permitted
C= Conditional
Underline = only as a Secondary Use
Minimum Requirements
Site Area
(acres)
Site Width
(ft.)
Front Yard
(ft.)
Side Yard
(ft.)
Rear Yard
(ft.)
Apiary
P
10
200
125
25
25
Bed and Breakfast
P*
n/a
n/a
n/a
n/a
n/a
Dwelling, single-unit
P
2
200
125
25
25
Dwelling, single-unit: mobile homes, and
previously occupied to be moved
C
2
200
125
25
25
Group Home
C
2
200
125
25
25
Home Occupation
P
n/a
n/a
n/a
n/a
n/a
Home Industry
P
n/a
n/a
n/a
n/a
n/a
Park, Public Reserve and Open Space
P
As determined by Council
Public facility
P
As determined by Council
Public utility
P
As determined by Council
Similar uses not otherwise listed
C
2
200
125
25
25
Accessory/ Secondary Buildings &
Structures
P
n/a
n/a
125
10
10
RM OF STUARTBURN ZONING BY-LAW | Page 64
Table 5-8 "IC"- Rural Industrial/Commercial
Intent: This zone is intended to provide for intensive agriculturally-related commercial / industrial
development, and those uses requiring large areas that are not suitable for urban areas.
Use Class
P=Permitted
C= Conditional
Underline = only as a Secondary Use
Minimum Requirements
Site Area
(acres)
Site Width
(ft.)
Front Yard
(ft.)
Side Yard
(ft.)
Rear Yard
(ft.)
Abattoir, meat/food processing and
packaging
C
2
200
125
25
25
Agricultural auction marts
P
5
300
125
25
25
Aggregate/ Resource extraction
C
10
200
125
25
25
Agri-business
P
2
200
125
25
25
Agricultural auction mart
C
2
200
125
25
25
Agricultural exhibition grounds
P
5
200
125
25
25
Agricultural implements sales and service
P
2
200
125
25
25
Agricultural operations, excluding livestock
P
80
200
125
25
25
Anhydrous ammonia facility
C
2
200
125
25
25
Automobile and vehicular sales, service and
repair
P
2
200
125
25
25
Cemetery
P
10
200
125
25
25
Concrete and asphalt batching plan
P
2
200
125
25
25
Contractors establishments
P
5
200
125
25
25
Entertainment/ amusement facility
C
10
200
125
25
25
Landscape or garden supply
P
2
200
125
25
25
Manufacturing- light
P
2
200
125
25
25
Manufacturing -heavy
C
5
200
125
25
25
Park, public reserve and open space
P
As determined by Council
Public utility
P
2
200
125
25
25
Public works yard
P
2
200
125
25
25
Resource Related Industry
C
As determined by Council
Scrap yard
C
2
200
125
25
25
Self-Storage
C
2
200
125
25
25
Specialized agriculture
P
10
200
125
25
25
Veterinary clinic
P
2
200
75
25
25
Waste transfer station
C
As determined by Council
Similar uses not otherwise listed
C
n/a
n/a
125
25
25
Accessory/ secondary Buildings &
structures
P
n/a
n/a
125
10
10
RM OF STUARTBURN ZONING BY-LAW | Page 65
Table 5-9 "OSR"- Open Space Recreational
Intent: This zone is intended to allow for areas for open space, parks and recreation uses which cannot be
easily located in the urban areas such as golf courses, campgrounds, shooting ranges, or RV parks.
Use Class
P=Permitted
C= Conditional
Underline = only as a Secondary Use
Minimum Requirements
Site Area
(acres)
Site Width
(ft.)
Front Yard
(ft.)
Side Yard
(ft.)
Rear Yard
(ft.)
Campground
P
2
200
125
25
25
Cultural Centre
P
2
200
125
25
10
Dwelling, single-unit: incld. mobile
homes, and previously occupied to be
moved
P
2
200
125
25
25
Entertainment/ amusement facility
P
3
200
125
25
25
Gun Range
C
2
200
125
25
25
Park, public reserve and open space
P
2
200
25
25
25
Park and ride facility
P
1
100
50
25
25
Public facility
P
2
200
125
25
25
Public Utility
P
2
200
125
25
25
Public works yard
C
2
200
125
25
25
Recreation facility, indoor
C
2
200
125
25
25
Recreation facility, outdoor
P
2
200
125
25
25
Similar uses not otherwise listed
C
n/a
n/a
40
25
25
Accessory/ Secondary Buildings &
Structures
P
n/a
n/a
125
25
25
RM OF STUARTBURN ZONING BY-LAW | Page 66
Table 5-10 "HC"- Highway Commercial
Intent: This zone is intended to accommodate highway-oriented commercial uses which serve the travelling
public along a Provincial Road or Provincial Trunk Highway. The Highway Commercial zone is also intended to
provide for light manufacturing and agri-related commercial in rural areas.
Use Class
P=Permitted
C= Conditional
Underline = only as a Secondary Use
Minimum Requirements
Site Area
(acres)
Site Width
(ft.)
Front Yard
(ft.)
Side Yard
(ft.)
Rear Yard
(ft.)
Agricultural implements sales and service
C
2
200
125
25
25
Automobile, vehicle and equipment sales,
service and repair shop
P
2
200
125
25
25
Campground
P
2
200
125
25
10
Concrete and asphalt batching plan
C
10
200
125
25
25
Contractors establishments
P
5
200
25
25
25
Eating and drinking establishment
P
2
200
125
25
25
Emergency services
P
As determined by Council
Entertainment/ amusement facility
C
10
200
125
25
25
Hotel/ Motel
P
As determined by Council
Landscape or garden supply
P
2
200
125
25
10
Lumber yard
P
2
200
125
25
10
Manufacturing- light
P
2
200
125
25
10
Manufacturing -heavy
C
5
200
125
25
10
Parks, public reserve and open space
P
As determined by Council
Personal Services
P
2
200
125
25
10
Professional, financial and office
P
2
200
125
25
10
Public utility
P
2
200
125
25
10
Recycling Collection Centre
P
2
200
125
25
10
Retail
P
2
200
125
25
10
Self-Storage
P
2
200
125
25
10
Trucking terminals and freight services
P
2
200
125
25
25
Veterinary clinic
P
2
100
75
25
25
Similar uses not otherwise listed
C
n/a
n/a
40
5
10
Accessory/ Secondary Buildings &
Structures
P
n/a
n/a
125
10
10
RM OF STUARTBURN ZONING BY-LAW | Page 67
Table 5-11 "H"- Hamlet
Intent: This zone is intended to provide areas for primarily un-serviced residential uses with the opportunity
to allow for some commercial and community facilities in the Hamlets of Stuartburn, Gardenton, and
Sundown.
Use Class
P=Permitted
C= Conditional
Underline = only as a Secondary Use
Minimum Requirements
Site Area square
feet (sq.ft.) or
acres (ac.)
Site
Width
(ft.)
Front Yard
(ft.)
Side Yard
(ft.)
Rear Yard
(ft.)
Agri-business
C
2
200
125
25
25
Agricultural implements sales and
service
C
2
200
125
25
25
Automobile, vehicle and equipment
sales, service and repair shop
C
20,000 sq. ft.
150
25
25
25
Campground
C
As determined by Council
Cemetery
C
1 ac.
200
25
25
10
Clinic
P
As determined by Council
College or University
P
As determined by Council
Commercial School
P
As determined by Council
Concrete and asphalt batching plan
C
10 ac.
200
125
25
10
Contractors establishments
P
2 ac.
200
25
25
10
Cultural Centre
P
10,000 sq. ft.
200
25
25
25
Day-care (serviced1/ unserviced2)
P
6,000 sq.ft. /
2 ac.
200
25
10/25
25
Dwelling, single-unit: incld. mobile
homes, 2-unit and previously occupied
to be moved (serviced1/ unserviced2)
P
6,000 sq.ft. /
2 ac.
50
/200
25
5/ 25
25
Dwelling, multi-unit
C
As determined by Council
Eating and drinking establishment
C
10,000 sq. ft.
200
25
25
25
Emergency Service
C
As determined by Council
Entertainment/ amusement facility
C
1 ac.
150
125
25
10
Funeral Homes
C
10,000 sq. ft.
200
25
25
25
Group Home (serviced1/ unserviced2)
C
6,000 sq.ft. /
2 ac.
50
/200
25
5/ 25
25
Hospital
P
As determined by Council
RM OF STUARTBURN ZONING BY-LAW | Page 68
Use Class
P=Permitted
C= Conditional
Underline = only as a Secondary Use
Minimum Requirements
Site Area square
feet (sq.ft.) or
acres (ac.)
Site
Width
(ft.)
Front Yard
(ft.)
Side Yard
(ft.)
Rear Yard
(ft.)
Hotel/ Motel
P
As determined by Council
Interpretive Centre
P
As determined by Council
Landscape or garden supply
P
2 ac.
200
125
25
10
Lumber yard
C
10,000 sq. ft
100
125
25
10
Library
P
As determined by Council
Manufacturing- light (serviced1/
unserviced2)
P
10,000 sq.
ft./ 2 ac.
100/2
00
50/75
25
25
Manufacturing -heavy (serviced1/
unserviced2)
C
10,000 sq.
ft./ 2 ac.
100/2
00
50/75
25
25
Park and Ride
P
As determined by Council
Parks, public reserves and open space
P
1 ac.
100
25
25
10
Place of Assembly
P
10,000 sq. ft.
100
125
25
10
Place of Worship - existing and new
P
10,000 sq. ft.
100
125
25
10
Planned unit development (serviced1
only)
C
1 ac.
100
25
5
25
Personal Services
P
6,000 sq.ft.
60
25
25
25
Preschool
P
6,000 sq.ft.
60
25
25
25
Professional, financial and office
P
5,000 sq. ft.
50
5
5
10
Public works yard
C
2 ac.
200
125
25
10
Public Facility
C
As determined by Council
Public Utility
P
As determined by Council
Recreation facility, indoor
C
2 ac.
200
125
25
10
Recreation facility, outdoor
P
2 ac.
200
125
25
10
Recycling Collection Centre
C
20,000 sq.ft
100
25
25
25
Residential Care Facility
C
As determined by Council
Retail
P
6,000 sq. ft.
60
25
5
10
Retail - restricted
C
6,000 sq. ft.
60
25
5
10
School
P
As determined by Council
School Bus Storage and Maintenance
C
20,000 sq.ft
100
25
25
25
Scrap yard
C
5
200
125
25
10
Self-Storage
C
1
100
125
25
10
RM OF STUARTBURN ZONING BY-LAW | Page 69
Use Class
P=Permitted
C= Conditional
Underline = only as a Secondary Use
Minimum Requirements
Site Area square
feet (sq.ft.) or
acres (ac.)
Site
Width
(ft.)
Front Yard
(ft.)
Side Yard
(ft.)
Rear Yard
(ft.)
Shopping centre
C
As determined by Council
Specialized agriculture
C
10
200
125
25
10
Trucking terminals and freight services
C
2
200
125
25
10
Veterinary clinic
P
2
100
75
25
25
Similar uses not otherwise listed
C
As determined by Council
Accessory/ Secondary Buildings &
Structures
P
n/a
n/a
25
5
2
1Connected to a municipally operated sewage system or where an acceptable alternative on-site wastewater treatment is used
2 Where an approved on-site wastewater management system is utilized
RM OF STUARTBURN ZONING BY-LAW | Page 70
Table 5-12 "GD"- General Development
Intent: This zone is intended to accommodate primarily residential development with town services while
maintaining flexibility for a wide variety of commercial and industrial uses that may be allowed in the
settlement centre of Vita.
Use Class
P=Permitted
C= Conditional
Underline = only as a Secondary Use
Minimum Requirements
Site Area square
feet (sq.ft.) or
acres (ac.)
Site Width
(ft.)
Front Yard
(ft.)
Side Yard
(ft.)
Rear Yard
(ft.)
Agricultural implements sales and
service
C
2
200
125
25
25
Automobile, vehicle and equipment
sales, service and repair shop
C
20,000 sq. ft.
150
25
25
25
Campground
C
As determined by Council
Cemetery
C
1 ac.
200
25
25
25
Clinic
P
As determined by Council
College or University
P
As determined by Council
Concrete and asphalt batching plan
C
10 ac.
200
125
25
25
Commercial School
P
As determined by Council
Contractors establishments
P
2 ac.
200
25
25
25
Cultural Centre
P
10,000 sq. ft
100
125
25
10
Day-care (serviced1/ unserviced2)
P
6,000 sq.ft/
2 ac.
200
25
25
25
Dwelling, single-unit: incld. 2-unit and
previously occupied to be moved
(serviced1/ unserviced2)
P
6,000 sq.ft/
2 ac.
50 /200
25
5/25
25
Dwelling unit, mobile home(serviced1/
unserviced2)
C
6,000 sq.ft/
2 ac.
50 /200
25
5/25
25
Dwelling, multi-unit
C
As determined by Council
Eating and drinking establishment
C
10,000 sq. ft
100
125
10
10
Emergency Service
C
As determined by Council
Entertainment/ amusement facility
C
1
150
125
25
10
Funeral Homes
C
6,000 sq. ft.
50
25
10
25
Group Home(serviced1/ unserviced2)
C
6,000 sq.ft/
2 ac.
50 /200
25
15
25
Home Industry/ Home Occupation
P
-
-
-
-
-
Hospital
P
As determined by Council
Hotel/ Motel
C
As determined by Council
Interpretive Centre
P
As determined by Council
RM OF STUARTBURN ZONING BY-LAW | Page 71
Use Class
P=Permitted
C= Conditional
Underline = only as a Secondary Use
Minimum Requirements
Site Area (acres)
Site Width
(ft.)
Front Yard
(ft.)
Side Yard
(ft.)
Rear Yard
(ft.)
Landscape or garden supply
C
2
200
125
25
10
Library
P
6,000 sq. ft.
50
25
5
25
Lumber yard
C
10,000 sq. ft
100
125
25
10
Manufacturing- light (serviced1/
unserviced2)
C
10,000 sq. ft/
2 ac.
200
125
10
10
Manufacturing -heavy (serviced1/
unserviced2)
C
10,000 sq. ft/
2 ac.
200
125
25
10
Park and Ride
P
As determined by Council
Parks, public reserves and open space
P
1
100
25
5
10
Planned Unit Development (serviced only)
C
1 ac.
100
25
5
25
Place of Assembly
P
10,000 sq. ft
100
25
10
25
Place of Worship- existing and new
P
10,000 sq. ft
100
25
10
25
Personal Services
P
6,000 sq. ft.
50
25
10
25
Preschool
P
6,000 sq. ft.
50
25
10
25
Professional, financial and office
P
6,000 sq. ft.
60
25
5
10
Public facility
C
6,000 sq. ft.
60
25
25
10
Public works yard
C
2
200
25
25
10
Public utility
P
As determined by Council
Recreation facility, indoor
C
2
200
25
25
10
Recreation facility, outdoor
P
2
200
25
25
10
Recycling Collection Centre
C
20,000 sq.ft
100
25
25
25
Residential Care Facility
C
As determined by Council
Retail
P
6,000 sq. ft.
60
25
5
10
Retail - restricted
C
6,000 sq. ft.
60
25
5
10
School
P
As determined by Council
School Bus Storage and Maintenance
C
20,000 sq.ft
100
25
25
25
Self-Storage
C
1
100
50
25
10
Shopping centre
C
2
200
25
25
10
Trucking terminals and freight services
C
2
200
125
25
10
Veterinary clinic
P
2
100
25
25
25
Similar uses not otherwise listed
C
As determined by Council
Accessory/ Secondary Buildings &
Structures
P
n/a
n/a
25
5
2
1Connected to a municipally operated sewage system or where an acceptable alternative on-site wastewater treatment is used
2 Where an approved on-site wastewater management system is utilized
RM OF STUARTBURN ZONING BY-LAW | Page 72
PART 6: USE SPECIFIC STANDARDS
Regardless of whether a use is allowed as a permitted or a conditional use, and regardless of the zone in
which the uses is located, the additional standards included in PART 6 must be met in respect of the uses
identified, except as authorized by other sections of this By-law or by a Conditional Use or Variance Order.
Use Specific Standard Policy Sections:
6.1
Aggregate, Quarry, Mineral Extraction Operations
6.2
Anhydrous Ammonia Storage and Facilities
6.3
Abattoirs
6.4
Automobile sales, rental and services
6.5
Backyard Bee Keeping
6.6
Bed and Breakfast
6.7
Dangerous Goods or Agrichemical storage
6.8
Drive-Ins and Drive-throughs
6.9
Hobby Poultry
6.10 Keeping of Animals
6.11 Micro Campgrounds
6.12 Private Swimming Pools and Hot Tubs
6.13 Regulation of Livestock Operations
6.14 Sewage Treatment & Solid Waste
6.15
Solar Collectors, Private Windmills and Natural Energy Devices
6.16 Secondary Suites
6.17 Wind Energy Generating Systems
6.1
Aggregate
(1)
A mutual separation distance between any new residential dwelling, including cottage dwellings
and mobile homes or any land to be zoned for residential purposes and any quarry operation
shall maintain a minimum separation distance of five hundred (500) feet, except where the
Province recommends a lesser separation distance due to the existing physical factors or as
required buffer. Owners/ operators or caretakes that have residence located on the same site as
the aggregate operation, that is otherwise in accordance with the Zoning By-law are excluded
from this requirement. The mutual separation distance is deemed to be a yard requirement
consistent with the provisions contained in The Act.
RM OF STUARTBURN ZONING BY-LAW | Page 73
(2)
Establishment of new or the expansion of existing quarry operations are subject to a
development agreement with Council.
6.2
Anhydrous Ammonia Storage and Facilities
Anhydrous Ammonia facilities shall be located a minimum distance of:
(1)
5,000 feet from the lot line of any evacuation sensitive facility such as hospitals, schools, senior
citizens' homes and other institutional facilities;
(2)
5,000 feet from any GD or H zone;
(3)
1,640 feet from any dwellings;
(4)
160 feet from any creek, stream or environmentally sensitive area; and
(5)
330 feet from the edge of the right-of-way of a provincial road or highway.
6.3
Abattoirs
Abattoirs shall not be established within 1000 feet (304 metres) of a RR, GD or H zone
6.4
Automobile sales, rental and services
Automobile sales, rental and services within GD and H zones shall not include outdoor storage of
derelict vehicles or equipment.
6.5
Backyard Bee Keeping
Backyard bee keeping must meet the following requirements:
(1)
No person shall establish an apiary on a non-agricultural site without first obtaining a
development permit from the CAO, Development Officer, or designate;
(2)
Hives are limited to a maximum of four (4) per site and must be:
a. Set back at least 25 feet (7.5 metres) from any site line;
b. Concealed behind a solid fence 6 feet (1.8 metres) in height.
6.6
Bed and Breakfasts
A bed and breakfast shall only be permitted subject to the following requirements:
(1) The operator must reside within the principal residence to which the Bed and Breakfast is an
accessory use;
(2) No more than eight (8) patrons shall be accommodated within one dwelling;
(3) No more than five (5) bedrooms shall be used for the bed and breakfast operation;
(4) One on-site parking spot shall be provided for each bedroom that is used for the bed and
breakfast operation.
RM OF STUARTBURN ZONING BY-LAW | Page 74
6.7
Dangerous Goods or Agrichemical Storage
Dangerous Goods or Agrichemical Storage Facilities shall be located at a minimum distance of 165 feet
(50 meters) from the site lines in the A, AL, AR, and HC zones.
6.8
Drive-Ins and Drive-throughs
All drive-ins and drive-throughs are subject to the following:
(1)
No drive-ins or drive-throughs shall be located on a lot or site which is adjacent to a lot with a
residential use, unless they are separated by separate building or a public street;
(2)
No portion of a drive-in or drive-through shall be located within a required yard;
(3)
All drive-through facilities shall provide vehicle queuing spaces as follows:
a. A minimum of four (4) queuing spaces must be provided if the drive through facility has
one point of contact;
b. Drive-through facilities with two points of contact require a minimum of six (6) queuing
spaces; and
c.
Queuing spaces shall not be counted towards minimum parking requirements.
6.9
Hobby Poultry
In the "RR" and "H" Zone, on parcels of at least 4 acres up to a maximum of ten (10) hens, may
be kept subject to the following:
(1)
No person shall establish hobby poultry on a site without first obtaining a development
permit from the CAO, Development Officer, or designate;
(2)
The coop and enclosure must meet the following standards:
a. located in the rear of the lot behind the dwelling and not located within the
Accessory Use setbacks;
b. positioned a minimum of 15 feet (4.6 m) from any neighbouring property line; and
c.
the enclosure must be covered entirely on all sides and top by chicken-grade
fencing.
6.10 Keeping of Animals
In the "A", "AR", "AL", "RR" and "H" Zones, on parcels of at least 4 acres, a limited number of
non-domesticated animals may be kept on site, subject to the following:
(1)
No person shall establish keeping of animals on a site without first obtaining a
development permit from the CAO, Development Officer, or designate;
(2)
Animals on-site are not to exceed two (2) animal unit per four (4) acres;
RM OF STUARTBURN ZONING BY-LAW | Page 75
(3)
Animals must be kept in a suitable enclosure and shall not be allowed to roam in un-
fenced areas; and
(4)
Any structure intended for the keeping of animals is only permitted in the rear yard of a
site and must maintain a 15-foot (4.5 metre) setback from any site line.
6.11 Micro Campgrounds
A Micro Campground:
(1) Will have a maximum of 10 camping sites .
(2) Will not occupy more than 5 acres (217,800 square feet) of the parcel.
(3) Can include both serviced and unserviced sites as well as other campground related amenities
such as a pool, tennis court, recreation opportunities, storage, washroom facilities, and outdoor
kitchens.
6.12 Private Swimming Pools and Hot Tubs
Outdoor pools and hot tubs shall comply with yard requirements for accessory buildings and uses as
set forth in the affected zone. In no case shall an outdoor pool or hot tube be located closer than five
(5) feet to any side or rear site line.
6.13 Regulation of Livestock Operations
(1)
Animal Units shall be calculated using Schedule B of this by-law.
Mutual Separation of Dwellings and Livestock Operations
(2)
A mutual separation distance shall be maintained between a livestock operation and any
dwelling or designated area
(3)
The separation distances are to be calculated based on the residences and the designated areas
in existence on the date the municipality receives an application to expand or establish the
livestock operation or establish a dwelling.
Notice of Public hearing for livestock operations
(4)
Variances for separation distances between livestock operations and dwellings or designated
areas must notify the livestock operation from which the separation distance is required.
RM OF STUARTBURN ZONING BY-LAW | Page 76
TABLE 6-1 LIVESTOCK OPERATION - MINIMUM SETBACK REQUIREMENTS
Size of
Livestock
Operation in
Animal Units
(AUs)
Minimum Setback Requirements (feet)
From Single Residence
From designated areas
To Earthen
Manure
Storage and
feedlots
To Buildings /
Non-Earthen
Manure Storage
To Earthen
Manure Storage
and feedlots
To Buildings /
Non-Earthen
Manure Storage
10-100
656
328
2625
1739
101-200
984
492
3937
2625
201-300
1312
656
5249
3511
301-400
1476
738
5906
3937
401-800
1640
820
6561
4364
801-1600
1968
984
7874
5249
1601-3200
2297
1148
9186
6135
3201-6400
2625
1312
10499
6988
6401-12800
2953
1476
11811
7874
>12800
3281
1640
13123
8760
RM OF STUARTBURN ZONING BY-LAW | Page 77
Schedule B
RM OF STUARTBURN ZONING BY-LAW | Page 78
6.14 Sewage Treatment and Waste Disposal Sites
(1)
A mutual separation distance of 460 meters shall be maintained between any municipal sewage
lagoon or solid waste disposal site and a designated urban or Rural Residential Area.
(2)
A Mutual separation distances of 300 meters shall be maintained between an individual
residence and any municipal sewage lagoon or solid waste disposal site.
6.15 Solar Collectors, Private Windmills and Natural Energy Devices
(1) Private windmills, when accessory to a main residential use within the rural areas, are a
permitted use. Private windmills shall not be established in urban areas.
(2) Solar collectors, when mounted on a peaked roof shall be attached flush to the roof and
are considered a permitted use.
(3) Solar collectors, when located on the ground, which are accessory to a main building, shall
adhere to the accessory structure standards of the applicable zone, but are limited to a
height of 8 feet (2.4 metres) above the ground and are considered permitted or
conditional according to Table 5-3.
6.16 Secondary Suites
Secondary Suites, as defined in this By-law, shall only be permitted subject to the following
regulations;
(1)
Secondary suites are only allowed as a conditional use in the "A", "AR", "AL", "GD" and "H"
Zones;
(2)
Hydro and municipal services shall be connected to existing facilities upon approval of the
affected authorities;
(3)
The dwelling shall be built on a one (1) floor design, be a maximum of eight hundred and
sixty (860) sq. ft. in area and have all facilities located on this level;
(4)
A development agreement shall be entered into with the Rural Municipality of Stuartburn;
(5)
The additional dwelling unit shall not be located in the front yard of the zoning site, shall
maintain a separation distance of ten (10) feet to principal dwelling and be in compliance
with side and rear yard requirements as set out in the bulk requirement table of the zone
within which the site is located.
(6)
Any Secondary Suite must comply with the Manitoba Building Code and are subject to the
following regulations:
a. Are not permitted in association with a multiple-unit or two-unit dwelling;
b. A minimum of one off-street parking space must be provided for each suite.
RM OF STUARTBURN ZONING BY-LAW | Page 79
For attached Secondary Suites:
a. Not more than one (1) Secondary Suite shall be permitted within a principal
dwelling.
b. Maximum floor area shall not exceed 40% of the total habitable floor space of the
principal dwelling or 861.1 square feet (80 sq. metres), whichever is the lesser.
For detached Secondary Suites:
a. Not more than 1 Secondary Suite shall be permitted on an established zoning site.
b. Maximum floor area shall be no greater than 861.1 square feet (80 sq. metres).
c.
Building height (Maximum):
i.
Secondary Suite (above garage): 26.2 feet (8 metres)
ii.
Secondary Suite (at Grade): 15.0 feet (4.5 metres)
d. Setbacks (Minimum):
i.
From Front Lot Line: must be equal to or greater than the minimum setback
from the front property line for a principal dwelling within the same zone.
ii. From Rear Lot Line: must be equal to or greater than the minimum setback
from the rear property line for an accessory structure within the same zone.
iii. From Side Lot Line: Must be equal to or greater than the minimum setback
from the side property line for a principal dwelling within the same zone.
iv. From Corner Side Lot Line: Must be equal to or greater than the minimum
setback from the exterior side property line for a principal dwelling within the
same zone.
e. Separation from the Principal Dwelling (Minimum): 20 feet (6 metres)
6.17 Wind Energy Generating Systems
A commercial Wind Energy Generating System tower must meet the following standards:
(1)
It is set back no less than 1.5 times the total turbine height from the property line and any public
road or railway right of way. This setback distance can be reduced to .5 times the total turbine
height where the property line(s) nearest to any given turbine define and separate properties
belonging to the same landowner with a lease of the same type and duration;
(2)
It is set back no less than 30 metres (100 feet) from a water body or waterway;
(3)
The minimum separation distance between a commercial wind energy generating system tower
and the nearest habitable building shall be 402 metres (1320 feet);
RM OF STUARTBURN ZONING BY-LAW | Page 80
(4)
The minimum separation distance between a commercial wind energy generating system tower
and the nearest GD or RR or H Zone shall be 805 metres (2640 feet);
(5)
It contains no artificial lighting other than the lighting that is required by federal and provincial
regulation; and
(6) As part of their development permit application, proponents for Wind Energy Generating
Systems must submit a detailed site plan showing the location of all wind generating devices,
associated accessory buildings or structures, electrical lines (above or below ground) on-site
roads and driveways providing access to the public road system.
SCHEDULE A - ZONING MAP
82