Zoning By-Law No. 3/08 — full text

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## RURAL MUNICIPALITY OF THOMPSON ## L' Landmark Planning & Design Inc. 298 Waterfront Drive Winnipeg, Manitoba R3B 0G5 Phone: 204.453.8008 Fax: 204.453.6626 e-mail: [email protected] ZONING BY-LAW NO. 3/08 ## THE RURAL MUNICIPALITY OF THOMPSON BY-LAW NO. 3/08 A By-law of the RM of Thompson, in the Province of Manitoba, to regulate and control the use and development of land and buildings within the Municipal limits of the RM of Thompson. WHEREAS pursuant to the provisions of Subsection 40(1) of the The Planning Act (the Act), the Morden-Stanley-Thompson-Winkler (MSTW) Planning District, which includes the RM of Thompson, has, by By-law, adopted The MSTW Planning District Development Plan By-law 4-05; AND WHEREAS Section 68 of the Act provides that a Municipal Council within a Planning District must adopt a zoning by-law that is generally consistent with the Development Plan by- NOW THEREFORE the Municipal Council of the RM of Thompson, in meeting duly assembled, enacts as follows: 1. The RM of Thompson Zoning By-Law No. 11/95, and all amendments thereto, are hereby rescinded. 3. This By-law shall be known as the RM of Thompson Zoning By-law. 2. The Zoning By-law, attached hereto and marked as Schedule "A", is hereby adopted. 4. The RM of Thompson Zoning By-law shall take force and effect on the date of Third Reading of this By-law. DONE AND PASSED in Council assembled in Council Chambers, in Miami, Manitoba, this \_day of \_ A.D. 200\_ ReeveR Chief Administrative Officer Read a First time this day of \_ A.D.200: Read a Second time this day of \_A.D.200\_ Read a Third time this day of \_ A.D.200 Certified a true copy of By-law No. of the RM of Thompson. Chief Administrative Officer ## THE RURAL MUNICIPALITY OF THOMPSON ZONING BY-LAW BEING SCHEDULE "A" ATTACHED TO BY-LAW NO. 3/08 OF THE RURAL MUNICIPALITY OF THOMPSON | | | Page No. | |------------------------------------|--------------------------------------------------------|------------------------------------| | PART I | PART I | PART I | | OPERATIVE AND INTERPRETIVE CLAUSES | OPERATIVE AND INTERPRETIVE CLAUSES | OPERATIVE AND INTERPRETIVE CLAUSES | | | Title and Contents | 1 | | | Non-Conforming Buildings, Structures, Lots and Uses | 4 | | | The Zoning District Map Interpretations | | | | Approval Required for Development | | | | Other Legislation | | | | Definitions | 8 | | | Use Class Definitions | 25 | | PART II | PART II | PART II | | GENERAL ADMINISTRATIVE CLAUSES | GENERAL ADMINISTRATIVE CLAUSES | GENERAL ADMINISTRATIVE CLAUSES | | 8.0 | Authority and Responsibility of the Designated Office | 40 | | | Responsibilities of Council and Planning District Boar | 42 | | | Duties of the Owner | 43 | | | Development Classes | 43 | | | Development Permit Application Submissions | 45 | | | Special Information Regulations | 48 | | | Conditions Attached to a Development Permit | 49 | | | Enforcement and Penalties | 50 | | | Rezoning Amendments | 51 | | | Conditional Uses | 53 | | | Variation Orders | 54 | | 19.0 | Subdivisions | 55 | | GENERAL DEVELOPMENT REGULATIONS | GENERAL DEVELOPMENT REGULATIONS | GENERAL DEVELOPMENT REGULATIONS | | | 20.0 General Development Regulations Applicability | | | | 21.0 Yards on Corner Lots and Double Fronting Lots | | | | Height | | | | Access to Sites | |  | | | Page No. | |---------------------------------|-----------------------------------------------------------------------|------------| | GENERAL DEVELOPMENT REGULATIONS | GENERAL DEVELOPMENT REGULATIONS | | | 27.0 | Moving of Structures | 58 | | 28.0 | General Performance Standards for Residential Use Class. Developments | | | 29.0 | Development Restricted | 59 | | 30.0 | Streets | 62 | | 31.0 | Connecting to Municipal Services | 63 | | SPECIAL LAND USE REGULATIONS | SPECIAL LAND USE REGULATIONS | | | | 32.0 Applicability | 64 | | 33.0 | Home Industries | 64 | | | 34.0 Home Occupations | 65 | | | Bed and Breakfast Homes | 65 | | 36.0 | Planned Unit Developments - | 66 | | | Car Brokers | 66 | | | Temporary Additional Dwellings | 68 | | | Residential Related Farms | 68 | | | Livestock Production Operations | 69 | | | Anhydrous Ammonia Facilities | 74 | | | Small Animal Breeding and Boarding Establishments | 74 | | | Natural Resource Developments | 75 | | | Wind Energy Generating Systems | 77 | | ZONING DISTRICTS | ZONING DISTRICTS | | | 45.0 | Intent of Zoning Districts | 79 | | | Permitted and Conditional Uses | 79 | | | Bulk Regulations for Zoning Districts | 79 | | ADDITIONAL REGULATIONS | ADDITIONAL REGULATIONS | | | 48.0 | For All Permitted and Conditional Uses | | | 49.0 | RG: Residential General | 80 | | 50.0 | CH: Commercial Highway | 80 | | 51.0 | CC: Commercial Central | | | 52.0 | MG: Industrial General | | | 53.0 | AR: Agricultural Restricted | | | 54.0 | AG: Agricultural General | | | 55.0 | RMH: Residential Mobile Home | |  ## ZONING DISTRICT MAPS ## PART IV  ## PART I ## OPERATIVE AND INTERPRETATIVE CLAUSES ## 1.0 Title and Contents ## 1.1 Title - This By-law may be cited as the RM of Thompson Zoning By-law. ## 1.2 Intent and Purpose The regulations established by this By-law are deemed necessary in order: - To ensure general conformance with the objectives and policies of the MSTW Planning District Development Plan. - 2) To outline the powers and duties of RM of Thompson Council (Council), the MSTW Planning District Planning Board (Planning Board), the Designated Officer and the landowner and/or developer as they relate to this By-law. - 3) To regulate the following: - a) all buildings and structures erected hereafter; - all structural alterations or relocations of existing buildings and structures occurring hereafter; and - all uses or changes in use of all buildings, structures and land established hereafter; - d) all enlargements or additions to existing buildings, structures and uses. ## 1.3 Regulation of Uses - With the exception of Section 5.2 of this By-law, no land, building or structure shall be constructed, enlarged, placed, used or occupied except for a use that: - is listed in the Zoning District clauses as: - 1) a permitted use development; - ii) a conditional use development, subject to approval as such; - is an accessory use, building or structure. - 2) There shall be a maximum of one dwelling unit per lot or parcel of land, except for the following:  - Single Family Dwellings, Iwo Family Dwellings, Townhouse Multiple Family Dwellings or Temporary Additiona. Dwellings or Mobile Home Dwellings is provided for in this By- - Mobile Home Dwellings in a mobile home park that has been approved by Council. - 3) Where any land, building or structure is used for more than one purpose, all provisions of the By-law relating to each use shall apply. Where there is a conflict, the more restrictive regulations shall prevail, except as ## 1.4 Contents of the By-law The contents of this By-law include: - Part I, comprising of Section 1.0 to Section 7.0, outlines the Operative and Interpretive Clauses. - Part II, comprising of Section 8.0 to Section 47.0, outlines the General Administrative Clauses, General Development Regulations and Special Land Use Regulations. - Part II, comprising of Section 48.0 to Section 55.0, outlines the Zoning District clauses. - 4) Part IV comprises the Zoning District Maps. ## 1.5 Headings and Titles - Despite any other provision of this By-law or any other By-law passed by Council to the contrary, headings and titles within this By-law shall be deemed to form part of the text of this By-law. ## 1.6 Interpretation - Words, phrases and terms defined herein shall be given the defined meaning. - 2) Words, phrases and terms neither defined herein nor defined in By-laws of the RM of Thompson shall be given their usual and customary meaning except where, in the opinion of Council, the context indicates a different meaning.  - 3) The phrase used for includes arranged for; maintained for; designed for; or occupied for. - 4) The provisions of this By-law shall be interpreted to be the minimum regulations except where the abbreviation for, or word, maximum is used, in which case the maximum regulation shall apply. - 5) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunctions and, or, or either-or, the conjunctions shall be interpreted 4. and indicates that all the connected items, conditions, provisions or events shall apply; - c) either-or indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. 6. or indicates that all the connected items, conditions, provisions or events may apply singly or in combination; and 7. The word includes shall not limit a term to the specified examples, but is intended to extend the meaning to all instances or circumstances of the like kind or character. ## 1.7 Units of Measurement - 1) For convenience, this By-law contains both metric and imperial measurements. In cases where a discrepancy occurs between the metric and imperial standards, the metric unit shall prevail. ## 1.8 Effective Date - 1) This By-law shall be in full force and effect when the Council of the RM of Thompson has given it Third Reading. ## 1.9 Control of Development - 1) No development, other than that designated in Section 11.1, shall be a proved an it te ere or perpion blend an application has been ## 1.10 Relationship to Former By-laws - The adoption of this By-law shall not prevent any pending or future legal action to deal with any existing land use violations.  ## 1.11 Validity - Should a court of competent jurisdiction declare any Section or part of a Section of this By-law invalid, the same shall not affect provisions of the By-law as a whole or any part thereof beyond that which is declared invalid. ## 200 Non-Conforming Buildings, Structures, Lots and Uses - When on or before the day on which this By-law or any By-law for the amendment of it comes into force, a development permit has been issued, and the enactment of the By-law would render the development in respect of which the permit was issued a non-conforming building, structure, lot, or use, the development permit continues in effect despite the enactment - 2) Any lawful building or structure which does not conform to one or more of the applicable yard regulations of the Zoning District in which it is located, either on the effective date of this By-law or amendments thereto, shall be deemed to be a permitted building or structure and shall be used as if it conformed to all such regulations, in accordance with Section 2.0 (5) hereof. - Any legal existing lot which does not conform to the minimum site area, site width, front yard or access regulations hereof for the Zoning District wherein it is located, shall be deemed to be a permitted lot and shall be used as if it conformed to all such regulations, in accordance with Section 2.0 (5) hereof. - Any lawful use of a building, structure or lot, or portion thereof, which does not conform to one or more of the applicable use regulations of the Zoning District in which it is located, either on the effective date of this Shal be used as it cos thrmed to l sudered to bs, in acid ce and Section 2.0 (5) hereof. - A non-conforming use of land or a non-conforming use of a building may be continued, but if that use is discontinued for a period of twelve consecutive months or more, any future use of the land or building shall conform to the provisions of this By-law. - 6) A non-conforming use of part of a lot shall not be extended or transferred in whole or in part to any other part of the lot and no additional buildings shall be erected upon the lot while the non-conforming use continues.  - 7) A non-conforming use of part of a building shall not be extended throughout the building and the building, whether or not it is a nonconforming building shall not be enlarged or added to and no structural alterations shall be made thereto or therein. - 8) A non-conforming building may continue to be used, but the building shall not be enlarged, added to, rebuilt or structurally altered except 3. as the Designated Officer considers necessary for the routine maintenance of the building. - a) as may be necessary to make it a conforming building; o 5. Where a building or structure that does not conform to the provisions of this By-law or amendments thereto is destroyed or damaged to an extent that is 50.00 percent or more of the assessed value of the building or structure above its foundation, the building or structure shall not be repaired or rebuilt except in conformity with the provisions of this By-law. - 10) The use of land or the use of a building is not affected by change of ownership, tenancy or occupancy of the land or building. - 11) Despite Section 2.0 (1) to Section 2.0 (10), as per the Act a nonconformity may be altered by way of variation order by Council. - 12) Any owner may apply to the Designated Officer for a Non-Conforming Certificate in accordance with provisions of the Act, and in so doing, must provide adequate documentation to support the application. ## 3.0 Zoning District Map Interpretation - The Zoning District Maps are Part IV of this By-law, which divide the RM of Thompson into Zoning Districts and specities regulations applying to particular lands. ## 3.1 Zoning District Boundaries Should uncertainty or dispute arise relative to the precise location of the boundary f any Zoning District, as depicted on the Zoning District Maps, the location shal e determined by the following - Where a Zoning District boundary is shown as approximately following the centre of streets, lanes or other public thoroughfares, it shall be deemed to follow the centre line thereof. - the bou Zorin aste the sia boundary sal po deemed to be the  boundary of the Zoning District for that portion of the Zoning District boundary which approximates the site boundary. - Where a Zoning District boundary is shown approximately following Municipal limits, it shall be deemed to be following Municipal limits. - Where a Zoning District boundary is shown as approximately following the centre of pipelines, railway lines, or utility easements, it shall be deemed to follow the centre line of the right-of-way thereof - Where a Zoning District is shown as approximately following a topographic contour line or a top-of-bank line, it shall be deemed to tollov the said line. In the event of a change in the said line, it shall be deeme as moving with that line. - 6) Where a Zoning District boundary is shown as being parallel to or as an extension of features noted above, it shall be so construed. - 7) Where features on the ground are at variance with those shown on the Zoning District Map or in other circumstances not mentioned above, the Designated Officer shall interpret the Zoning District boundaries. Any such decision may be appealed to Council. - 8) Where a Zoning District boundary is not located in conformity to the provisions of Section 3.1(1) to Section 3.1(7) of this By-law, and in effect divides or splits a registered parcel of land into more than one Zoning District: - a) the disposition of the said boundaries shall be determined by dimensions indicated on the Zoning District Maps or by measurements directly scaled from the Zoning District Maps; and - b) each such portion of the said parcel of land shall be used in accordance with the applicable Zoning District regulations of this By-law as if it were a separate site. ## 3.2 Right-of-Way Boundaries - Despite anything contained in this By-law, no Zoning District shall be deemed to apply to any public roadway and any public roadway may be designed, constructed, widened, altered, redesigned and maintained in such manner as may be determined by Council. - Where any public roadway is closed pursuant to the provisions of The Municipal Act, as amended, the land contained therein shall there upon be deemed to carry the same Zoning District as the abutting land.  · - 3) Despite Section 3.2 (2), where such abutting lands are governed by different Zoning Districts, the centre line of the public right-of-way shall be deemed to be the Zoning District boundary. ## 4.0 Approval Required for Development ## 1) No person - a) shall commence, or cause or allow to be commenced, a development without a development permit which has been issued under the provisions of this By-law; or 2. shall carry on, or cause or allow to be carried on a development without a development permit which has been issued under the provisions of this By-law. ## 5.0 Other Legislation ## 5.1 Compliance - A person applying for, or in possession of, a valid development permit is not relieved from full responsibility for ascertaining and complying with or carrying out development in accordance with: - the regulations of the National Building Code as well as applicable Municipal building regulations and Provincial building code regulations; - any other appropriate Federal, Provincial or Municipal legislation; - the MSTW Planning District Development Plan; - the conditions of any caveat, covenant, site plan, development agreement, variation order or conditional use order, easement or other instrument affecting a building or land. - 2) Whenever provisions contained in any appropriate Federal, Provincial or Municipal legislation impose overlapping regulations, laws or policies over the use of land, buildings or structures, or contain any restrictions covering any of the same subject matter contained herein, the most restrictive or highest standard shall apply. - 3) Whenever the provisions of a special agreement or development agreement entered into between the RM of Thompson and a developer impose overlapping regulations over the use of land, buildings or structures, or contain any restrictions covering any of the same subject matter contained in this By-law, the most restrictive or highest standard shall govern.  - The Province of Manitoba and the Government of Canada are not bound or restricted by any regulation of this By-law. The said governments are encouraged, however, to permit only those developments that are consistent with the regulations of this By-law. ## 5.2 Public Utilities and Services - 1) Nothing in this By-law shall be so interpreted as to interfere with the construction, maintenance and operation of the facilities of any Public Utility Service or Protective and Emergency Service, as defined in this By-law. ## 6.0 Definitions Terms and words in this By-law as defined in the Act have the meaning expressed therein. Other terms and words, unless the context otherwise requires, are defined below. ## 6.1 General Definitions - 1) Abut or abutting means immediately continuous to or physically touching, and when used with respect to a site, means that the site physically touches upon another site or piece of land, and shares a lot line or boundary line with it. 2. Accessory means, when used to describe a use, building or structure, said use, building or structure is naturally or normally incidental, subordinate, and exclusively devoted to the principal use or building, and located on the same lot or site. - 3) Act, the means The Planning Act and amendments thereto. - 4) 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. 5. Animal Unit (A.U.) means the number of animals of a particular category of livestock that will excrete 73.00 kg. (160.93 Ib.) of nitrogen in a twelve month period. - 6) Aquifer means a water bearing geological formation that is capable of producing water to wells or springs in quantities that are economically useful.  - 7) Attached when used in reference to a building, means a building otherwise complete in itself, which is dependent for structural support, or complete enclosure, upon a wall or walls shared in common with an adjacent building or buildings. - 8) Basement means the portion of a building or structure which is wholly or partially below grade, having above grade no more than 1.83 m. (6.00 ft.) of its clean height which lies below the finished level of the floor directly above or being a minimum depth of 1.22 m. (4.00 ft.). 3. Bedrooms means a habitable room located within a dwelling unit that is used primarily for sleeping. - 10) Bedroom Suites means a bedroom located within a dwelling unit that contains washroom facilities for the exclusive use of the occupants thereof. - 11) Blank Walls means exterior walls containing no windows, doors or other similar openings. - 12) Board means the Board of the MSTW Planning District as established under the Act. - 13) Buffer Strip means a strip of landscaping or vegetation used to provide a screen between sites in order to mitigate objectionable features between them. - 14) Accoming dation or enclosure of pesos dial, materia o guishelt. - 15) Building Permit means a permit issued by the RM of Thompson authorizing the erection, placement, alteration, addition to or enlargement of a building, pursuant to the RM of Thompson Building By-law. - 16) Bulk Fuel Storage Tank means a tank used for the bulk storage of petroleum products or other flammable liquids legally stored within a structure or establishment that is incidental to the primary use of the site. - 17) Calliper means the trunk diameter of a tree measured at a point 300.00 mm. (12.00 in.) above the top of the root ball. - 18) Carport means an attached accessory building that is open on two sides for use as a shelter of motor vehicles.  ! - 19) Composting means a designed and managed system to facilitate the process of aerobic decomposition of organic matter by biological action. - 20) Conditional Use Order means those uses of land, buildings or structures which may be permitted in a particular Zoning District but only at the discretion of Council in accordance with the Act. - 21) Condominium means individual ownership of a unit in a multiple unit structure where expenses common to all parties are shared. - 22) Condominium Bare Land Unit means a unit of land defined b elineation of its horizontal boundaries without reference to an buildings on a condominium plan. - 23) Condominium Unit means a part of the land or building that is designated as a unit by the condominium plan, and is comprised of the space enclosed by its boundaries and all material parts of the land withi his space at the time the condominium declaration and plan ar registered. - 24) Confined Livestock Area means an outdoor, non-grazing area where livestock are confined by fences or other structures and includes a feedlot, paddock, corral, exercise yard, hoop structure and holding area. - 25) Construction or Constructed means the physical location, erection, increase or decrease in size of any building or structure or ground including, y cavation, biting, diline diges eateration dion. development. - 26) Conversion means a change in use of land or a building or an act done in relatio use an era badin bat resis out thoro gujr strong alterations. - 27) Council means the Council of the Municipal Corporation of the RM of Thompson. - 28) Cultivated Land means land that is prepared and used for the growing of crops. - 29) Curb Cutting means the cutting or lowering of a curb, sidewalk or boulevard, or any of them, to provide a driveway for vehicular and pedestrian access to a site.  - 30) Designated Officer means the Designated Officer as appointed by the Board in accordance with the Act. - 31) Development Permit means a permit issued by the RM of Thompson authorizing a development pursuant to this By-law, and may include a building permit. - 32) Development Plan means the MSTW Planning District Development Plan adopted by By-law and as amended. - 33) " Dugout means an earthen excavation designed to collect and store runoff. - 34) Dwelling Unit means one or more self-contained rooms provided with sleeping and cooking facilities, intended for domestic use, and used or intended to be used permanently or semi-permanently as a residence for a household. - 35) Dwelling Unit Area means the total floor area of the dwelling unit contained within the outside surface of the exterior walls. This calculation shall exclude basement or other areas that are below-grade. - 36) Earthen Storage Facility means a structure built primarily from soil, constructed by excavating or forming dikes, and used to retain livestock manure. - 37) Elevation, Lot Grade means either the elevation of the finished ground surface at any specific reference point, at any point on the slope between two specific reference points on a lot, or a combination thereof. - 38) Environmental Impact Statement means a study prepared in accordance with established procedures to identify and assess the impacts of development on a specified feature or system. - 39) Family means one or more persons related by blood or marriage or Conta a rile of garage not more than for arsing who may together as a single housekeeping unit. - 40) Farm Buildings or Structures means a building or part thereof that does not contain a dwelling unit and which is associated with and located on · land devoted to the practice of farming, and used for the housing of equipment or livestock, or the production, storage or processing of agricultural and horticultural produce or feeds.  - 41) Field Storage means solid livestock manure that is stored in the open air other than in a manure storage facility. - 42) Flood Proofed means the measures taken to ensure that a structure or building is safe from the effects of flooding and includes: no openings of any kind such as windows, doors and vents, or electrical meeting equipment etc. shall be permitted below the flood datums. - 43) Flood Risk Area means that land adjacent to a watercourse that is - 44) Floor Area Ratio means the numerical value of the gross floor area of the building or structure located upon the building site, excluding: - b) parking areas below grade, and - a) basement areas used exclusively for storage or service to the building; - c) floor areas devoted exclusively to mechanical or electrical equipment servicing the development, divided by the area of the site.  Figure 1. Floor Area Ratio  - 45) Frontage means all that portion of a site fronting on a street and measured between side lot lines. - 46) Garage means an accessory building, or part of a principal building designed and used primarily for the storage of motor vehicles and includes a carport. - 47) Grade, Building Lot means the lot grade elevation of the finished ground surface immediately adjacent to the foundation of a building. - 48) Grain Storage Structure means any structure which is designed to store any type of grain. Figure 1. Frontage  Figure 2. Established Grade of a Building   - 49) Groundwater means water below the surface of the ground. - 50) Habitable Room means any room in a dwelling other than a nonhabitable room. - 51) Height means, when used with reference to a building or structure, the vertical distance between the horizontal plane through grade and a lorizontal plane through 4. he average level between eaves and ridges in the case of a pitche gambrel, mansard or hipped roof, or a roof having a slope of more than 20.00 degrees, provided that in such cases the ridge line of the roof shall not extend more than 1.52 m. (5.00 ft.) above the maximum permitted building height of the Zoning District. 5. the highest point of the roof in the case of a building with a fla ›of or a roof having a slope of less than 20.00 degrees; ar - 52) Household means one person or two or more persons voluntarily asocialied, plus any depenins, living together as an independent, self. - 53) Institution means a building or part of a building used for a Residential Related purpose by an organized body or society for promoting a particular object or cause, but does not include Private Clubs. - 54) Landscaping means any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, paving, screening or other architectural elements, all of which are designed to enhance the Figure 3. Height of Buildings   visual amenity of a site or to provide a screen between sites in order to mitigate objectionable features between them. - 55) Livestock means animals or poultry not kept exclusively as pets, excluding bees. - 56) Loading Space means an off-street space or berth on the same site with a building, or contiguous with a group of buildings, for the temporary arking of a commercial vehicle while loading or unloading merchandiz r materials, and which abuts upon a street, lane or other appropriat means of access. - 57) Lot, Corner means a lot located at the intersection of two public roadways, the interior angle of such intersection not exceeding 135.00 degrees. - 58) Lot, Double Fronting means a lot which abuts two public roadways, which are parallel or nearly parallel in the vicinity of the lot. - 59) Lot, Interior means any lot other than a corner lot or through lot. - 60) Lot, Reverse Corner means a corner lot, the flanking street lot line of which is a continuation of the front lot line of the first lot to its rear.  Figure 4. Lot Types  - Lot, Through means a lot having a pair of opposite lot lines along two streets. On a through lot, both street lines shall be deemed front lot lines. - 62) Lot Line, Front means the property line a lot abutting public roadway other than a lane. In the case of a corner lot, the front lot line is the shorter of the lot lines abutting a public roadway. - 63) Lot Line, Rear means either the lot line which is furthest from and opposite the front lot line, or, where there is no such lot line, the point of intersection of any side lot lines which is furthest from and opposite the front lot line. - 64) Lot Line, Side means the property line of a lot other than a front lot line or rear lot line. - 65) Manufactured Home Dwelling means a factory built dwelling unit certified prior to the placement on the lot as having been built as a modular home in accordance with CSA building regulations, being placed on a permanent foundation, having its chassis or frame permanently removed, and arriving at the lot ready for occupancy apart Figure 5. Lot Lines   - 66) Manure Storage Facility means a structure, earthen storage facility, molehill, tank or other facility for storing manure or where it is stored. and includes any permanent equipment or structures in or by which manure is moved to or from the storage facility, but does not include: 2. a vehicle or other mobile equipment used to transport or dispose of 3. a gutter or concrete storage pit used to store liquid or semi-solid manure for less than thirty days; 4. a composting site for manure or mortalities. 5. a collection basin; or - 67) Mobile Home Park means a parcel or land under one ownership upon which mobile home spaces are provided for rent or lease and have been approved by Council. - 68) Mobile Home Site means a site in a mobile home subdivision that may be purchased for the placement of a mobile home. - 69) Mobile Home Subdivision means a parcel of land subdivided into mobile home sites that may be sold for the placement of mobile homes. - 70) Modular Home Dwelling means a building assembly or system of building sub-assemblies manufactured in its entirety, or in substantial part, off-site and transported to the point of use for installation on-site, with or without other specified components, as a finished building or as part of a finished building in accordance with CSA building regulations. Modular homes need not have electrical, plumbing, heating, ventilation, insulation or other service systems, but when such systems are installed at the off-site manufacture or assembly point, they shall be deemed a part of such building or system of building assemblies. Modular homes do not include open frame construction which can be completely inspected onsite. - 71) Molehill means a manure storage facility for manure in which manure is mechanically forced through a pipe and becomes mounded. - 72) Motor Home means a certified and licensed vehicular structure, as defined in The Highway Traffic Act that is used as temporary accommodation for recreational purposes and being independent of Municipal sewer, water and electrical services. - 73) Municipal Engineer means the Municipal Engineer as appointed by Council for the RM of Thompson.  - 74) Municipality means the Municipal Corporation of the RM of Thompson. - 75) Non-Habitable Room means a space in a dwelling unit providing a service function and not intended primarily for human occupancy, including bathrooms, entryways, corridors, or storage areas. - 76) Nuisance means anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses. - 77) Offensive or objectionable means, when used with reference to signage, lighting or a development, a use which by its nature, or from the manner I carrying on the same, creates or is liable to create by reason of nois ibration; smoke; dust or other particular matter; odour; toxic or nor toxic matter; radiation hazards; fire or explosive hazards; heat; glare; unsightly storage of goods, materials, salvage, junk, waste or other materials, a condition which in the opinion of Council may be or become hazardous or injurious as regards health or safety, or which adversely affects the amenities of the neighbourhood, or interferes with or may interfere with the normal enjoyment of any land, building or structure. - 78) Off-Road Vehicle means any wheeled or tracked motor vehicle designed or adapted for cross-country travel on land, water, ice, snow, marsh or swamp land or other natural terrain, and includes motorcycles, all-terrain vehicles, mini-bikes, dirt-bikes and trail-bikes, dune or sport buggies, snowmobiles, and amphibious vehicles. - 79) Oriel Windows means a type of bay or bow window that projects out from an upper storey of a dwelling unit. - 80) Outdoor Storage means the storage of merchandise, goods, inventory, materials or equipment or other items that are not intended for immediate sale, by locating them outside. - 81) 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. - 82) Passenger Vehicles means a motor vehicle that is designed, constructed or adapted for the principal purpose of transporting passengers, but excludes off-road, motor home, trailer, travel trailer and truck vehicles. - 83) Peat Moss means a mass of partially carbonized plant tissue ranging in consistency from a turf to a slime that is commonly used as a fertilizer, stable litter or fuel or for making charcoal.  - 84) Pollution the presence in the water or soil of substances or contaminants that are foreign to or in excess of the natural constituents of the water or soil, or that adversely affects the uses of the water or soil. - 85) Ready-To-Move Dwelling means a method of constructing a dwelling unit whereby all of its component parts have been assembled in an offsite manufacturing facility and transported to a site where it is anchored to a permanent foundation. - 86) Repair means the renewal or reconstruction of any part of an existing structure for the purpose of its maintenance or restoration. - 87) 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. - 88) Separation Space means open space around dwellings separating them from adjacent buildings or activities, and providing daylight, ventilation, and privacy. - 89) Setback means the distance that a development or a specified portion of it must be set back from a lot line. - 90) Site means an area of land consisting of one or more abutting lots. - 91) Site Coverage means the combined area of all buildings or structures on the site as a percentage of the site area, measured at the level of the lowest storey above the grade, including all enclosed and insulated decks, sunrooms, porches and verandas, but excluding seasonal non-insulated are the grade structures, open or covered, such as decks, screened porches or verandas, patios at grade, steps, uncovered walks, wheelchair ramps, cornices, eaves and similar projections.  - 92) Site Depth means the average horizontal distance between the front and rear lot lines of the site. - 93) Site Plan means a map or series of maps drawn to scale showing some or Ill of the following information: proposed and existing building: tructures, alterations and additions, roads, walkways, landscaping parking areas, stacking spaces, loading spaces, vegetation, buffer strips, elevations, areas to be raised by fill, grade level, physical features of the site and other relevant information as may be required by the Designated Officer or Council for any proposed development. Figure 6. Site Depth   - 94) Site Width means the horizontal distance between the side lot lines of a site, measured at right angles to the site depth at a point midway between the front and rear lot lines. - 95) Sleeping Unit means a habitable room, or a group of two or more habitable rooms, not equipped with self-contained cooking facilities. providing accommodation for not more than two persons. - 96) Slurry Tank Storage Facility means an above ground tank for the storage of livestock liquid manure that may be constructed from pre-cast concrete panels, reinforced cast-in-place concrete, glass lined steel panels or spiral wound coated steel. - 97) Solid Manure means manure that contains more than 25.00 percent solid matter and does not flow when piled. - 98) Stacking Space means an on-site queuing area for a passenger vehicle that is separated from other vehicular traffic and pedestrian circulation by barriers, markings or signs. - 99) Storey means that portion of a building which is situated between the top of any floor and the top of the floor next above it. If there is no floor above, the storey is the portion of the building which is situated between the top of any floor and the ceiling above it. If the top of the floor Figure 7. Site Width   directly above a basement is more than 1.83 m. (6.00 ft.) above grade, such basement shall be considered a storey for the purpose of this Bylaw. - 100) Storey, Half means a storey under a gable, hip, or gambrel roof, the wall plates of which, on at least two opposite walls, are not more than 0.66 m. (2.17 ft.) above the floor of such storey. - 101) Street means a public roadway having a right-of-way at least 10.06 m. (33.00 ft.) in width that affords the principal means of access to abutting land. - 102) Structure means anything that is erected, built or constructed of parts joined together or any such erection fixed to or supported by the soil or by any other structure. - 103) Surface Water means any body of flowing or standing water, whether naturally or artificially created, including but not limited to a lake, river, creek, spring, drainage ditch, roadside ditch, reservoir, swamp, wetland and marsh, including ice on any of them, but not including a dugout on the property of an agricultural operation. - 104) Temporary Buildings and Uses means an incidental use, building or structure for which a development permit has been issued for a limited time only. - 105) Traffic Generation means the volume of vehicular traffic generated over a prescribed area within a prescribed time frame, which can be directly attributed to a particular development or geographic area. - 106) Trailer means a vehicle designed for carrying chattels, and for being towed by a motor vehicle. - 107) Travel Trailer means a certified and licensed portable vehicle designed for carrying persons as temporary accommodation for recreational purposes that is towed by a motor vehicle. - 108) Truck means a motor vehicle that is constructed or adapted to carry goods, wares, merchandise, freight or commodities, but not passengers. - 109) Use means the purpose or activity for which a piece of land or its buildings are designed, arranged, developed or intended, or for which it is occupied or maintained.  - 110) Variation Order means the altering of any of the regulations found in this By-law in accordance with the Act. - 111) Watercourse means the channel in or bed on which surface water flows or stands, whether continuously or intermittently, but does not include a dugout, reservoir, intermittent slough, drainage ditch or intermittent stream that is completely surrounded by private land controlled by the owner or operator of an agricultural operation and that has no outtlow - 112) Yard means required open space that is unoccupied by any building or structure and unobstructed from its lowest level to the sky, unles otherwise permitted in this By-law - 113) Yard, Front means a yard extending all the full length of the front lot line between the side lot lines. All front yard regulations found in this By-law shall be measured from the front lot line. - 114) Yard, Rear means a yard extending along the full length of the rear lot line from the front yard to the rear yard. - 115) Yard, Side means a yard extending along the side lot line from the front yard to the rear yard.  Figure 8. Yards  - 116) Zoning District means a Section contained in Part II of this By-law which regulates the use and development of land as depicted on the Zoning District Map comprising Part IV of this By-law. ## 6.2 Sign Definitions Terms and works used in this By-law regarding the regulations of signs, unless the context otherwise requires, are defined as follows: - Business Identification Sign means a sign identifying the name, dealer, franchise, association, primary function, product or service of the commercial activity conducted on the premises, and may include local advertising and changeable copy. - Copy means the letters, graphics or characters which make up the message on sign face. - Copy Area means the total area within one or more rectangles which enclose the entire limits of the copy. - 4) Free Standing Sign means any sign supported independently of a building and permanently fixed to the ground - General Advertising Sign means a sign which directs attention to a business, activity, product, service or entertainment which cannot be considered as the principal products sold nor a principal business, activity, entertainment, or service provided on the premises where the sign is displayed, and general advertising has a similar meaning. - 6) Height (sign) means the vertical distance measured from the finished ground surface directly under the sign to the highest point of the sign. - 7) Oria sin earn a sign or ed ya eated pursuant to, the - 8) Sign means any visual medium, including its structure and other component parts, illuminated or not illuminated, which is used or capable of being used, on a permanent or temporary basis, to identify or convey information, or to advertise or attract attention to a product, service, place, activity, person, institution or business. Without limiting the generality of the foregoing, signs shall include banners, placards, and painted messages. - Sign Area means the entire area of the sign on which copy is intended to be placed. In the case of double-faced or multi-faced sign, only half of the  area of each face of the sign used to display advertising copy shall be used in calculating the total sign area. - 10) Sign Structure means any structure which supports a sign, including materials used to conceal or improve the visual appearance of the structural parts. ## 7.0 Use Class Definitions - 1) The Use Classes group individual land uses into a specified number of classes, with common functional or physical impact characteristics. 2. The Use Classes of this Section are used to define the range of uses which are permitted or conditional within the various Zoning Districts of this Bylaw. 3. The typical uses which may be listed in the definitions are not intended to be exclusive or restrictive. Reference should be made to the definition of the Use Class in determining whether or not a use is included within a 4. Where a specific use does not conform to the wording of any Use Class definition or generally conforms to the wording of two or more Use Class definitions, the Designated Officer may deem that the use conforms to and is included in that Use Class which he/she considers to be the most appropriate in character and purpose. In such a case, this use shall be considered a conditional use, whether or not the Use Class is listed as either a permitted use or conditional use within the applicable Zoning District. ## 7.1 Residential Use Classes - Cottage Dwelling means a permanent dwelling unit used as a part-time or seasonal residence. - 2) Institutional Residence means a premises which is intended for the training, treatment, rehabilitation, housing, care and/or supervision of seniors. This Use Class includes nursing homes, personal care homes, residential care homes, attached housing and rehabilitation homes. - Mobile Home Dwelling means a dwelling unit designed for transportation after fabrication, whether on its own wheels or on a flatbed or other trailer, and which arrives at the site where it is to be occupied as a dwelling complete and ready for occupancy, being on the site on wheels, jacks or similar supports, or on a permanent foundation, and having been built in  accordance with CA building regulations and The Buildings and Mobile Homes Act. For the purpose of this By-law, the removal of the wheels or permanent or semi-permanent attachment of a foundation to a Mobile Home Dwelling shall not change the classification. - 4) Mobile Home Park means an area of land with required improvements and utilities upon which three or more mobile home spaces are located and have been approved by the Municipality. 2. Multi-Family Dwelling means a building containing three or more dwelling units served by common corridors and entrance. Each dwelling unit shall be designed for and used by one family. 3. Planned Unit Development means a land development project planned as an entity in accordance with a unitary site plan which permits flexibility in siting or buildings, mixture of housing types and /or land uses, useable open spaces, and the preservation of significant natural features. - 7) Semi-Detached Dwelling means the whole of a building divided vertically into two separate dwelling units, each of which has an independent entrance. 5. Single-Family Dwelling means a development consisting of a building containing only one dwelling, which is separate from any other dwelling or building. This Use Class includes a manufactured home dwelling, ready-to-move dwelling and modular home dwelling, but not a Mobile Home Dwelling. - 9) Townhouse Dwelling means a dwelling unit divided vertically into three or more attached dwelling units by fire separations, each of which has an independent entrance. - 10) Two Family Dwelling means an attached or semi-detached building designed for and used by not more than two families, each having exclusive occupancy of a dwelling unit. ## 7.2 Residential-Related Use Classes - Bed and Breakfast Home means a principal dwelling where sleeping accommodation with or without light meals is provided to members of the travelling public for remuneration. - 2) Farm Staff Housing means a residential dwelling used exclusively for the purpose of housing farm staff on a seasonal basis.  - Group Home means a residential dwelling in which three to ten unrelated persons, exclusive of supervisory staff, live as a residential unit under the esponsible supervision consistent with the particular requirements of its 'esidents. The home is licensed under all applicable Provincial legislation and is in compliance with Municipal By-laws and amendments thereto. - 4) Guest Cabin means a building accessory to and subordinate to a permitted residential use designed to provide additional sleeping quarters for occasional guests of the owner and without kitchen facilities. - Home Industry means an industry or profession carried out in a building accessory to a dwelling as a secondary use generally in keeping with the trade or calling of the occupant. - 6) Home Occupation means an occupation, trade, profession or craft carried on, in or from a dwelling unit or its accessory building and which 1s clearly incidental or accessory to the residential use of the dwelling unit. - 7) Temporary Additional Dwelling or Mobile Home Dwelling means a dwelling unit or Mobile Home Dwelling that is placed on the same site as a Single-Family Dwelling on a temporary basis. ## Commercial Use Classes - 1) Aireraft Landing Field means any area of land or water that is used or intended for a use for the landing or taking off of aircraft and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities, including taxiways, aircraft storage and hangars. 2. Amusement Establishment means a facility within any building, room or area having table games or electronic games played by patrons tor entertainment. This Use Class includes arcades but does not include Carnivals or Indoor Participant Recreation Services. 3. Animal Shelter and Veterinary Service means a development used for the care and treatment of animals where the veterinary services primarily involve outpatient care and minor medical procedures. This Use Class includes pet clinics and veterinary offices. - 4) Auctioneering Establishment means a development specifically intended for theod and gulf mods and equipmen, including temporary storage of 5. Automotive and Equipment Repair Shop means a development used for the servicing and mechanical repair of automobiles, motorcycles,  snowmobiles and similar vehicles or the sale, installation or servicing of related accessories and parts. This Use Class includes transmission shops, muffler shops, tire shops, automotive glass shops, and upholstery shops, but does not include body repair and paint shops. - 6) Automotive and Recreational Vehicle Sales means the retail sale or rental of new or used automobiles, motorcycles, snowmobiles, tent trailers, utility trailers, boats, travel trailers or similar light recreational vehicles or crafts, together with incidental maintenance services and sale of parts. This Use Class includes automobile dealerships, car rental agencies and motorcycle dealerships. - 7) Broadcasting and Motion Picture Studio means a development used for the production or broadcasting of audio and visual programming typically associated with radio, television and motion picture studios. - 8) Business Support Service means a development used to provide support services to businesses which are characterized by one or more of the following features: the use of minor mechanical equipment for printing. duplicating, binding or photographic processing, the provision of office maintenance or custodial services, the provision of office security, and the sale, rental, repair or servicing of office equipment, furniture and machines. Typical uses include printing establishments, film processing establishments, janitorial firms and office equipment sales and repair establishments. 4. Car Broker means a development used for the retail purchase and sale of used passenger vehicles from a single detached dwelling unit. The Use Class does not include Automotive and Equipment Repair Shops, Automotive and Recreational Vehicle Sales and/or Convenience Vehicle Rentals. - 10) Carnival means a temporary use of land, buildings or structures for the purpose of providing or locating facilities for commercial entertainment and participatory amusement activities, including games and rides, and includes circuses and midways. - 11) Commercial Resort means a private or non-profit commercial recreation establishment which may consist of one or more buildings containing single or multiple family dwelling units, recreational facilities and service facilities which are used on an intermittent and seasonal basis. Other facilities which may be part of the resort development includes: a camping and tenting ground, a hotel, a retail store, an eating and drinking establishment, a marina, a golf course and other outdoor recreation game  - 12) Commercial School means a development used for training and instruction in a specific trade, skill or service for the financial gain of the andridal or coms hovering beauty citure, dad ing or muse schools. - 13) Contractor Service means a site or area of land occupied or used by a building or construction trade or operation wherein the outside storage of materials or storage and servicing of equipment is the principal use of the - 14) Custom Manufacturing Establishment means a development used for small-scale on-site production of goods. - 15) Drive-In Food Service means a development used for eating and drinking which offer a limited menu produced in a manner that allows rapid customer service and include one or more of the following features: car attendant services; drive-through food pickup services; or parking primarily intended for the on-site consumption of food within a motor vehicle. - 16) Eating and Drinking Establishment means the sale to the public of prepared foods, for consumption within the premises or off the site. This includes licensed drinking establishments, restaurants, cafes, delicatessens, tearooms, banquet catering, lunchrooms, and take-out restaurants. This Use Class does not include drive-in food services which provide services to customers who remain in their vehicles, refreshment stands, take-out windows where service is provided to customers on the outside, or mobile catering food services. - 17) Equipment Rentals and Sales means a development used for the rental of tols a planes, r, or sian tam office machines, fumiture, light - 18) Fleet Service means a development using a fleet of vehicles for the deliver of people, goods or services, where such vehicles are not available for sale or long-term lease. This Use Class includes ambulance services, taxi services, bus line, messenger and courier services. - 19) Funeral Service means a development used for the preparation of the dead for burial or cremation, and the holding of funeral services. This Use Class includes funeral homes, undertaking establishments and includes cremation and interment services.  - 20) Gas Bar means a development used for the retail sale of gasoline, other petroleum products, and incidental auto accessories. This Use Class does not include Service Stations. - 21) General Contractor Service means a development used for the provision of building construction, landscaping, concrete, electrical, excavation, drilling, heating, plumbing, paving, road construction, sewer or similar services of a construction nature which require on-site storage space for materials, construction equipment or vehicles normally associated with the contractor service. Any sales, display, office or technical support service areas shall be accessory to the principal Contractor Services Use only. - 22) General Retail Store means a development used for the retail sale of groceries, beverages, household goods, furniture and appliances, hardware, printed matter, confectionary, tobacco, pet sales and grooming, pharmaceutical and personal care items, automotive parts and accessories, office equipment, stationary and similar goods from within an enclosed building. Minor public services, such as postal services and film processing depots are permitted within general retail stores. This Use Class includes Convenience Retail Stores but does not include developments used for the sale of gasoline, heavy agricultural or industrial equipment, pawn shops, massage parlours, adult entertainment establishments or adult video rental or sales stores. - 23) General Storage means a development used exclusively for temporary indoor or outdoor storage of goods, materials and merchandise. This Use Class does not include vehicle storage compounds, automobile wrecking yards, salvage yards, scrap metal yards, or the storage of hazardous goods or waste. - 24) Greenhouse, Plant and Tree Nursery means a development used primarily for the raising, storage and sale of bedding, household and ornamental plants. - 25) Health Service means a development used for the provision of physical and mental health services on an outpatient basis. Services may be of a preventive, diagnostic, treatment, therapeutic, rehabilitative or counselling nature. Typical uses include medical and dental offices, health clinics and counselling services. - 26) Hotel means a development used for the provision of rooms or suites for emporary sleeping accommodation where the rooms have access from common interior corridor and are not equipped with individual kitcher Hotels may include accessory Eating and Drinking Establishments, meeting rooms and Personal Services Shops.  - 27) Household Repair Service means a development used for the provision of repair services to goods, equipment and appliances normally found within a dwelling unit. This Use Class includes radio, television and appliance repair shops, furniture refinishing and upholstery shops. - 28) Mobile Catering Food Service means a development using a fleet of vehicles for the delivery and sale of food to the public. - 29) Motel means a development used for the provision of rooms or suites for temporary lodging or light housekeeping, where each room or suite has its own exterior access. Motels may include accessory Eating and Drinking Establishments and Personal Service Shops. - 30) Outdoor Amusement Establishment means a permanent development providing facilities for entertainment and amusement activities which primarily take place out-of-doors and where patrons are primarily participants. Typical uses include amusement parks, go-cart tracks, motor-cross, and miniature golf establishments. - 31) Outfitter means any land or premises used for outdoor recreational purposes relating to hunting, fishing and other similar pursuits. - 32) Personal Service Shop means a development used for the provision of personal services to an individual which are related to the care and appearance of the body, or the cleaning and repair of personal effects. This Use Class includes barbershops, hairdressers, beauty salons, tailors, dressmakers, shoe repair shops, and dry cleaning establishments and laundromats. - 33) Professional, Financial and Office Support Service means a development primarily used for the provision of professional, management, administrative, consulting, and financial services. Typical uses include the offices of lawyers, accountants, engineers, and architects; offices for real estate and insurance firms; clerical, secretarial, employment, telephone answering, and similar office support services; and - 34) Rapid Drive-Through Vehicle Service means a development providing rapid cleaning, lubrication, maintenance or repair services to motor vehicles, where the customer typically remains within his vehicle or waits Typical uses include automatic or coin operated car washes, rapid lubrication shops, or speciality repair establishments. - 35) Recycling Depot means a development used for the buying and temporary storage of bottles, cans, newspapers and similar household goods for reuse  where all storage is contained within an enclosed building. This does not include auto wreckers. - .36) Service Station means the servicing, washing and repairing of vehicles; and the sale of gasoline, other petroleum products and a limited range of vehicle parts and accessories. Service Stations may include Eating and Drinking Establishments. Typical uses include truck stops and highway service stations. - 37) Small Animal Breeding and Boarding Establishment means a development used for the breeding, boarding or training of small animals normally considered as household pets. Typical uses are kennels and pet - 38) Spectator Entertainment Establishment means a development providing facilities within an enclosed building specifically intended for live theatrical, musical or dance performances; or the showing of motion pictures. Typical uses include auditoria, cinemas, and theatres. - 39) Truck Stop means a highway oriented commercial operation that may include multiple uses such as eating and drinking areas, gas bar, retail sales, service station, vehicle repair, and other similar or related uses primarily intended to service the travelling public and trucking industry. - 40) Truck and Mobile Home Sales and/or Rentals means a development used for the sale or rental of new or used trucks, motorhomes, mobile homes, and automobiles, together with incidental maintenance services and the sale of parts and accessories. Typical uses include truck dealerships, recreation vehicle sales and mobile home dealerships. - 41) Trucking Operation means the use of land, buildings or structures for the purpose of storing, servicing, repairing or loading trucks, transportation trailers and/or buses. - 42) Warehouse Sales means a development used for the wholesale or retail sale of bulky goods primarily within an enclosed building with limited outdoor storage where the size and nature of the principal goods being sold typically require large floor areas for direct display to the purchaser or consumer. This Use Class includes developments where principal goods being sold are such bulky items as furniture, carpet, major appliances and building materials. - 43) Wind Energy Generation Systems means any device or group of devices such as a wind charger, windmill or wind turbine that convert wind energy  to electrical energy whether it is for personal use or for generation of power for sale by a private commercial enterprise. - 44) Wind Energy Generation System Accessory Facilities means facilities, equipment, machinery and other devises necessary to the proper operation and maintenance of a wind energy generation system, including, but not limited to access roads, collector and feeder lines and power substations. ## 7.4 Industrial Use Classes - Automobile Wrecking Yard means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. - Bulk Storage Facility means a place for the outdoor storage of tank torage of large quantities as determined by the Designated Officer of ra laterials or industrial related goods such as liquids, fuels, gases, minera pipes, gravel, fertilizers, and grain. This Use Class does not include Anhydrous Ammonia Facilities. - Concrete Batching Plant means a plant where the ingredients for making concrete are stored, conveyed, measured and discharged for use by mixing or transportation equipment. - General Industrial means development used principally for one or more of the following activities: the assembling of semi-finished or finished goods, products or equipment; the cleaning, servicing, repairing or testing of materials, goods and equipment normally associated with industrial or commercial businesses; or cleaning, servicing and repair operations to goods and equipment associated with personal or household use, where such operations have impacts that would make them incompatible with adjacent land uses; the storage or transhipping of materials, goods and equipment; and the distribution and sale of materials, goods and equipment to institutions or industrial and commercial businesses. - Industrial Vehicle and Equipment Sales and/or Rentals means a development used for the sale, rental and repair of heavy vehicles, machinery or mechanical equipment typically used in building, roadway, manufacturing, assembly and processing operations and agricultural - 6) Light Industrial means processing and manufacturing uses, provided that they do not create unusual fire, explosion or safety hazards, noise in excess of average intensity of street and traffic noise in the area in question; they do not emit smoke, dust, dirt, toxic or offensive odours or  gas and there is no production of heat or glare perceptible from any adjacent site. Typical uses include automotive body repair and paint shops, commercial manufacturing and research facilities. - 7) Portable Asphalt Plant means a temporary facility with equipment designed to heat, dry and mix aggregate with asphalt to produce asphalt paving material and includes stockpiling and storage of bulk materials 2. Processing Use means a development used for the extraction, treatment, preparation, packaging, transportation, handling and storage of raw materials and other minerals. Typical uses include concrete batching - 9) Small Scale Industries mean light manufacturing, assembly or distribution of ready made products on a small scale. As a rule, industries in this category are secondary to the agriculture operation, if not, they should not be of such a size that they create traffic problems or impact negatively on the surrounding area. - 10) Storage Compound means a development used exclusively for temporary outdoor storage of goods and materials where such storage of goods and materials does not involve the erection of permanent structures or the material alteration of the existing state of the land. Typical uses include vehicle storage compounds, automobile wrecking yards, automobile 5. 11) - 12) Wayside Pit and Quarry means a temporary pit or quarry opened and used by a public road authority solely for the purpose of a project such as a road construction contract that is not located on the road right-of-way. ## 7.5 Agricultural Use Classes - Abattoir means a building, structure, or part thereof, used for the slaughtering of animals and related activities. - Agri-Business means a commercial establishment that provides goods or services to the agricultural sector. Typical uses include farm equipment and machinery repair shops, bulk fuel stations, feed and fertilizer supply operations, livestock auction marts and commercial seed cleaning plants.  - Agricultural Activities means a use of land for agricultural purposes. Typical uses include farming, pasturage, agriculture, 'apiculture, aquaculture, floriculture and horticulture. This Use Class does not include Livestock Production Operations or Natural Resource Developments. - 4) Agricultural Crop Protection Warehouse means a facility used to store, blend and/or distribute chemicals used for crop protection and production. Products can include herbicides, insecticides, fungicides, rodenticide, and fertilizers. This Use Class does not include Anhydrous Ammonia Facilities. - 5) Agricultural Implement Sales and Service means a building and open space area used for display, sale and rental of new or used farm implements that includes repair work. - Agricultural Product Storage means the temporary storage of any agricultural product for future use, delivery or processing as per The Environment Act. - 7) Agriculture Support Industry means an industry, commercial service or retail business in which the major product or service being bought, sold or processed is intended mainly for, from or by farmers. Typical uses include aerial spraying companies, grain storage including grain elevators, feed mills and seed plants. This Use Class does not include Bulk Storage Facilities or Anhydrous Ammonia Facilities. - Anhydrous Ammonia Facility means an area for the storage of anhydrous ammonia that is commonly used as a fertilizer. - 9) Communal Farm Dwelling means a residence in connection with a farm operation carried out on the same or an adjacent parcel by a religious colony or other association by or on behalf of the occupants of the residence, and includes all associated cooking, eating, living, sleeping and - 10) Equestrian Establishment means a facility engaged in the training of horses or the operation of a horse riding academy or horse riding stables. - 11) Farm Produce Outlet means a building or structure where farm produce is sold in season. - 12) Farmstead Dwelling means any dwelling unit which is accessory to a farm operation and is on a parcel of land that includes associated agricultural buildings.  - 13) Game Farm means a development with less than 10.00 Animal Units where wild animals such as elk are held in captivity, pursuant to Provincial government legislation. - 14) Irrigation Dugouts and Ponds means areas where surface water flows or stands on private land for use by an agricultural operator. - 15) Livestock Production Operation means a permanent or semi-permanent ## For the purpose of this By-law: - Livestock Production Operation, New shall mean those Livestock Production Operations that are proposed for development after the effective date of this By-law. - Livestock Production Operation, Existing shall mean those Livestock Production Operations that existed prior to the effective date of this By-law and are proposing to expand; and - 16) Residential Related Farm means a development for small scale, Residential Related agricultural pursuits ancillary to rural residential uses. This Use Class shall be developed so that it will not unduly interfere with the general enjoyment of adjacent property. Animals shall be kept for the use or enjoyment of the householder only. - 17) Specialized Agriculture means the use of land for apiculture, floriculture, horticulture including market gardening, orchards and tree farming, and similar agricultural activities on a commercial basis. - 18) Vacation Farm Operation means an accessory development to a farm operation that provides temporary accommodations with or without meals to members of the travelling public for remuneration. ## 7.6 Natural Resource Development Use Classes - 1) Forestry Use means the general raising and harvesting of wood and without limiting the generality of the foregoing, shall include the raising and cutting of wood, pulpwood, lumber and other forestry products. - 2) Mineral Exploration means the activity of searching for new mineral deposits. 3. Natural Resource Development means a development for the on-site removal, extraction, and primary processing of raw material found on or  under the site, or accessible from the site. Typical uses in this class include gravel pits, sandpits, and stripping of topsoil and peat moss. This Use Class does not include the processing of raw materials transported to the site. - Wildlife and Conservation Reserve means land that has been designated by Provincial legislation for the protection and conservation of wildlife. This Use Class includes Wildlife Management Areas. ## 7.7 Basic Service Use Classes - 1) Cemetery means a development of a parcel of land, primarily a landscaped open space for the entombment of the deceased, and may include the following accessory developments: crematories, cinerarium, columbarium, and mausoleums. Typical uses include memorial parks, burial grounds and gardens of remembrance. 2. Extended Medical Treatment Service means a development providing room, board, and surgical or other medical treatment for the sick, injured or intirm including outpatient services and accessory staff residences. Typical uses include hospitals, sanatoriums, nursing homes, convalescent homes, and auxiliary hospitals. - 3) Government Service means a development providing Municipal, Provincial or Federal government services directly to the public. Typical uses include government offices, taxation offices, courthouses, postal distribution offices, manpower and employment offices, and social service offices. 4. Protective and Emergency Service means a development which is required for the public protection of persons and property trom injury, harm or damage together with the incidental storage of emergency development which is necessary for the local distribution of utility ervices. Typical uses in this class include police stations, fire stations an incillary training facilities 5. Public Utility Service means any system, works, plant, pipeline, equipment or services and facilities available at approved rates to the public, and includes all such carried on by or for the owner of a public utility or a Municipality or the Province of Manitoba. Typical uses include sanitary landfill sites, sewage treatment plants, sewage lagoons, garbage transfer and compacting stations and waste recycling plants.  ## 7.8 Community, Educational, Recreational and Cultural Service Use Classes - Child Care Service means a development licensed by the Province of Manitoba to provide daytime personal care and education to children, but does not include overnight accommodation. Typical uses include day care centres, day nurseries, kindergartens, nursery schools and play schools. - 2) Community Recreation Service means a development for recreational, social or multiple purpose use without fixed seats and primarily intende for local community purposes. Typical uses include community halls anc community centres. - Indoor Participant Recreation Service means a development providing facilities within an enclosed building for sports and active recreation where patrons are predominately participants. Typical uses include athletic clubs; health and fitness clubs; curling, roller-skating and hockey inks; swimming pools; rifle and pistol ranges; bowling alleys; paintbal ames; and racquet club - 4) Outdoor Participant Recreation Service means a development providing facilities which are available at the public at large for sports and active recreation conducted outdoors. Typical uses include golf courses, driving range, ski hills, sports fields, outdoor tennis courts, unenclosed ice surfaces or rinks, athletic fields, boating facilities, outdoor swimming pools, bowling greens, paintball games, riding stables and fitness trails. - Private Club means a development used for the meeting, social or recreational activities of members of a non-profit philanthropic, social service, athletic, business or fraternal organization, without on-site residences. Private Clubs may include rooms for eating, drinking and assembly. - 6) Private Education Service means a development for instruction and education which is not maintained at public expense and which may or may not offer courses of study equivalent to those offered in a public school or private instruction as a home occupation. This Use Class includes dormitory and accessory buildings. - 7) required for the provision of such services on the same site. This Use Class includes public schools, community colleges, and technical and  - sollection oraleary. Cuttural ishibit means a development for the , musical and similar reterence materials it the form of books, manuscripts, recordings and films for public use; or a development for the collection, preservation and public exhibition of works or objects of historical, scientific or artistic value. Typical uses include libraries, museums and art galleries. - 9) Public Park means a development of public land specifically designed or reserved for the general public for active or passive recreational use and includes all natural and human-made landscaping, facilities, playing tields, buildings and other structures that are consistent with the general purposes of public parkland, whether or not such recreational facilities are publicly operated or operated by other organizations pursuant to arrangements witl the public authority owning the park. Typical uses include tot lots, ban shells, picnic grounds, pedestrian trails and paths, landscaped buffers, playgrounds, water features, amphitheatres, and athletic fields. - 10) Religious Assembly (home-based) means a house or multiple family unit that also serves as a place of communal worship and related activities. - 11) Religious Assembly (non-home-based) means a place of worship and related activities that may take place in a church, chapel, mosque, temple, synagogue, parish hall, convent, monastery, or other similar facility, but not in a house or multiple family unit. - 12) Tourist Campsite means a development of land which has been planned and improved for the seasonal short term use ot motor homes, tents, campers and similar recreational vehicles and is not used as year round storage, or accommodation for residential use. Typical uses include recreational vehicle parks, campsites and tenting grounds.  ## PART II ## GENERAL ADMINISTRATIVE CLAUSES ! ## 8.0 Authority and Responsibility of the Designated Officer ## 8.1 Establishment and Appointment - The Designated Officer shall be any person appointed by either the Municipality or the Board as an authorized officer of Council or the Board. ## 8.2 Designated Officer Duties and Responsibilities The Designated Officer: - Shall review each development permit application to ascertain whether it conforms to the adopted MSTW Planning Development Plan and amendments thereto, all applicable regulations and information regulations of this By-law and amendments thereto, and other Municipal By-laws, the conditions of any caveat, covenant, site plan, development agreement variance or conditional use order, easement or any other instrument affecting a building or land. - May refer a development permit application to any municipal, provincial or federal department or any other agency or body, deemed appropriate to obtain comments on the application. - Shall approve, without any conditions, or with such conditions as are required to ensure compliance, an application for development of a Permitted Use provided the development complies with the regulations of this By-law, or shall refuse an application for development of a Permitted Use if the development does not comply with the regulations of this Bylaw unless he/she uses his/her discretion pursuant to Section 8.4 of this By-law. - 4) May give notice of his/her decision on applications for development as follows: - a) where an application has been approved notice to the applicant shall be given in writing by ordinary mail; or - where an application has been refused, notice in writing shall be given to the applicant, by ordinary mail, and such notice shall state the reason for refusal. - Shall receive, review and process variation, permitted use and conditional use order applications. - Shall perform other such duties as described or implied elsewhere in this By-law or required by the Planning Board or Council.  - A person who is unsatisfied with a decision or order of the Designated Officer may request the Planning Board to review the decision or order by written notice within 14 days after the person receives the decision or order. - After giving the person a reasonable opportunity to be heard, the Planning Board may confirm, vary, substitute or cancel the order or decision. ## 8.3 Entry for Inspection and Other Purposes - 1) The Designated Officer may, after giving reasonable notice to the owner or occupier of the land or a building or other structure to be entered: 2. request that anything be produced to assist in inspection, remedy, or enforcement; and 3. enter the land, building or structure at any reasonable time for the purpohe c administering or enforcing this By-law in accordance 4. make copies of anything related to the inspection, remedy, or enforcement. 5. The Designated Officer must display or produce on request identification showing his/her official capacity. 6. In an emergency or in extraordinary circumstances, the Designated Officer need not give reasonable notice or enter at a reasonable time and may undertake inspection, remedy or enforcement activities referred to in Section 8.3(1) of this By-law without the consent of the owner or occupant. ## 8.4 Variance to Regulations - 1) Excluding Livestock Production Operations, the Designated Officer may approve, with or without conditions, a minor variation not to exceed ten percent (10%) of the regulations of this By-law governing height, distance, area, size or intensity of use regulations. ## 8.5 Public Inspection of Applications - The Designated Officer shall ensure that a Register of Applications is maintained, and is made available to any interested person during normal office hours.  ## 8.6 Maintenance and Inspection of By-law The Designated Officer shall: - 1) Make available to the public during normal office hours copies of this Bylaw and all subsequent amendments thereto. 2. Charge the specified fee for supplying to the public copies of this By-law. ## 9.0 Responsibilities of Council and the Planning District Board ## 9.1 Responsibilities of Council Subject to the provisions of the Act, the Council is responsible for: - The enactment of this By-law. - Administering and enforcing those provisions of the Act, where applicable. - 3) Considering the adoption or rejection of proposed amendments or the repeal of this By-law. - 4) Approving or rejecting variation order applications. - Approving or rejecting conditional use order applications and considering revoking the authorized conditional use order for any violation of any conditions imposed by it. - 6) Establishing a schedule of fees. ## 9.2 Responsibilities of the Planning District Board Subject to the provisions of the Act, the Planning District Board is responsible for: - Administering and enforcing those provisions of the Act, where applicable. - 2) Prescribing and regulating fees and charges to be paid by any person in respect to services rendered in accordance with Section 21 of the Act. - 3) Hearing objections to this By-law and amendments thereto in accordance with the Act.  ## 10.0 Duties of the Owner - Neither the granting of a development permit nor the approval of the rawings and specifications or the inspections made by the Designate )fficer shall in any way relieve the owner of the responsibility o complying with the regulations of this By-law or of any relevant By-laws of the RM of Thompson. ## Every owner shall: - a) permit the Designated Officer to enter any building or premises for the purpose of administering or enforcing this By-law at all reasonable times and with the consent of the owner in accordance with Section 8.3 of this By-law; - c) be responsible for obtaining, where applicable, from the appropriate authorities, permits or licenses relating to the buildings, grades, plumbing, blasting, street, occupancy, electrical, highways, and all other permits required in connection with the proposed work. - b) after the development application has been approved and the permit issued, notify the Designated Officer and obtain his/her approval before doing any work at variance with the approved documents filed; and ## 11.0 Development Classes The following classes of development are hereby established. - Class A No Development Permit Required - Class B - Class C Permitted Use Conditional Use ## 11.1 Class A Development (No Development Permit Required) No development permit is required under this By-law for the developments listed elow, provided that such developments shall comply with the Permitted Use anc regulations of this By-law. For a development listed below, the Designate Officer shall advise the applicant that no permit is required and return the submission, including any fees paid. Developments exempted from applications are as follows: - Regular maintenance and repair of any development provided it does not include structural alterations. - A fence, wall, or gate not exceeding 2.00 m. (6.56 ft.) in height. - Private driveways and patios which are accessory to a development.  - An accessory building that: - a) is less than 11.61 sq. m. (125 sq. ft.) in area; - c) is not considered a hazard by the Designated Officer. - b) does not exceed 4.57 m. (15.00 ft.) or one storey in height; and - An unenclosed deck or a deck enclosed by a rail or parapet wall and a wheelchair ramp, all of which having a floor less than 0.61 m. (2.00 ft.) above grade unless it is anchored to the building. - 6) Landscaping where the existing grade and natural surface drainage pattern is not materially altered. - 7) The erection or placement of a temporary building, the sole purpose of which is incidental to the erection of a building for which a development permit has been granted, provided the temporary building is removed within 30 days of substantial completion or as determined by the Designated Officer. - 8) The following types of signs are exempt but this shall not relieve the owner or person in control of such signs from erecting and maintaining the signs in a safe and good condition: - signs of less than 0.60 sq. m. (6.46 sq. ft.) in area, advertising the sale, lease, or rent of property, premises, or buildings on that site; - b) memorial signs or tablets of bronze, brass, stone or other noncombustible materials when built into or attached to the walls of a building or other structure provided such tablets bear only the name of the owner, the name and use of the building, the date of erection of the building or reading matter commemorating a person - c) - d) one real estate sign; and - e) non-illuminated directional signs, each sign not to exceed 0.50 sg. m. (5.38 sq. ft.) in sign area. - The use of farmland, farm buildings and structures for permitted agricultural activities, excluding livestock operations. - 10) When a change in land use is from one agricultural activity to another, excluding livestock operations.  ## 12.0 Development Permit Application Submissions ## 12.1 General Conditions - An application for a development permit shall not be considered to have been received until the applicant has submitted all information required pursuant to this Section of the By-law, and any information specifically required pursuant to the regulations of the applicable Zoning District or any other Section of this By-law and until the applicant has paid the appropriate fee. - Despite Section 12.1(1) of this By-law, the Designated Officer may consider an application if the development is of such a nature as to enable a decision to be made on the application without all of the information required in this Section of the By-law. - The Designated Officer may require an applicant to submit such additional information as he/she considers necessary to verify the compliance of the proposed use or development with the regulations of this By-law. - 4) Despite Section 11.1(4) of this By-law, a development permit for an accessory dini dis alambe is sued unless a development permit for the - The approval of any application, drawings, or the issuing of a levelopment permit shall not prevent the Designated Officer from thereafter requiring the correction of errors, nor from prohibiting th development being carried out when the same is in violation of this Bylaw. - 6) Where an application for a development permit is determined to contain incorrect information, no development permit shall be issued until the applicant corrects such information. - 7) Any development permit issued on the basis of incorrect information contained in the application shall be invalid. - Unless otherwise specified in this By-law, all drawings submitted shall be Irawn on substantial standard drafting material to a scale of not less thar :100 or such other scale as the Designated Officer may approve, and shall be fully dimensioned, accurately figured, explicit and complete.  ## 12.2 Class B Developments (Permitted Use) The following information shall be submitted with an application for Class B (Permitted Use) developments, and the appropriate application form fully and accurately completed in accordance with the following regulations: - The municipal address of land and buildings presently occupying the site, if any. - A status of Title. - A legal description of the land on which the proposed development is to occur, by lot, block, subdivision and registered plan numbers. - The applicant's name, address and interest in the land. - A sketch plan of the site, showing the location of the proposed development relative to the boundaries of the site. - Description of the work to be performed with respect to: - change in current occupancy of land use; or - b) description of proposed development or building operations. - 7) Identification of the scale of the development with respect to: - a) gross floor area of the development in square metres; - c) height of the structure in metres; and - area of the site covered in square metres; - number of floors or storeys. - The estimated value, in dollars, of the proposed work. - A site plan, at a minimum scale of 1:500, showing the following: - a directional true north arrow with the north point located in such a manner that the true north is in the upper position of the drawings; - the location of all buildings or structures in relation to property lines; and - setbacks and yard dimensions; - d) dimensioned layout of existing and proposed parking areas, driveways, entrances and exits, abutting public roadways, median breaks and auxiliary lanes. - 10) Identification of the scale of the development with respect to the number of dwellings, or establishments for commercial, industrial or other purposes.  - 11) If required by the Designated Officer, a site plan at a minimum scale of 1:500, showing: - a) the location of sidewalks and walkways; where applicable, parking, loading, storage, outdoor service and display areas; and 3. the location of fences, screening, retaining walls, trees, landscaping, and other physical features both existing and proposed in the site and adjoining boulevard, if any. - 12) Floor plans at minimum scale of 1:100, indicating all uses or occupancies, storage and garbage holding areas. - 13) Elevations and drawings, indicating sections and the bulk of buildings, at a minimum scale of 1:100. - 14) Number of parking and loading spaces required and provided. - 15) A building location certificate. - 16) For developments not connecting to municipal services, information on the proposed water supply and wastewater management systems that demonstrates the availability of an adequate water supply to support the development and the ability to meet applicable Provincial government onsite wastewater management system requirements. ## 12.3 Class C Developments (Conditional Use) In addition to two copies of the information required for Class B (Permitted Use) developments, the applicant shall submit two copies of the following for Class C (Conditional Use) developments: - 1) A plan showing the location of adjacent buildings and structures indicating the approximate height and number of storeys. 2. A written statement and other supportive material explaining the proposed development. ## 12.4 Sign Developments The following information shall be submitted, in duplicate, with an application for a development permit for a sign, and the appropriate application form shall be fully and accurately completed: - The municipal address and legal description of the land or building where the sign is to be erected.  | | The applicant's name, address, telephone number and interest in the land. | |--------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | | The name of the business or development where the signs is to be erected. | | 4) | Whether the development where this sign is to be erected is single business occupancy or multiple business occupancy development. | | 5) | A letter from the owner of the property on which the sign is to be erected, or his/her agent, authorizing the applicant's sign development. | | 6) | Two sets of working drawings for the proposed sign showing: | | | the overall dimensions of the sign, including all sign boxes and adiscription or illustration of the copy to be displayed on the sign; | | | c) the method of illumination, if any; | | | d) the materials from which the sign is to be constructed; and | | | method used to support the sign and the type of wall construction if the sign is anchored to a building. | | 7) | Two sets of a sketch plan showing: | | | a) the location of the sign on the building; | | | the clearance from grade from the lowest portion of the sign; c) | | | maximum extension of the sign above the building roof or parapet wall; | | | the distance of the maximum projection of the sign beyond the building wall; and | | e) | any sidewalks, pedestrian passageways, or public roadways that the proposed sign will extend over. | | 13.0 Special Information Requirements for Applications | 13.0 Special Information Requirements for Applications | | 13.1 | Slope and Soil Information When an application for a development permit is submitted to the | | | Designated Officer for the development of a site abutting a water course and Municipal drain, the Designated Officer may require, in consultatior with a Certified Professional Engineer of Manitoba, information regarding the existing and proposed grades at 0.50 m. (1.64 ft.) contour intervals. The final grades shall be to the satisfaction of the Designated Officer and in accordance with the RM of Thompson Lot Grade By-law, as amended. Despite anything contained herein, the Designated Officer may require a | | | dries on erine ud an the pi or nations prepared ade Copied | | 48 | 48 |  permit or the construction of any development abutting a water course and Municipal drain. If required, the engineering study may be required to include evidence derived from: - a) test borings (including hydro-carbon analysis); - c) slope indicators where necessary; 3. e) - d) identification of any sub-surface mining operations: 5. f) The detailed engineering study shall conclude with the registered Professional Engineer certifying that the foundations proposed for the development are designed with full knowledge of the soil conditions and the proposed siting of the development upon this site. - 3) The Designated Officer may require the submission of a detailed engineering study as outlined in Section 13.1(2) of this By-law prior to the issuance of a development permit at any location within the Municipality which in the opinion of the Designated Officer or Certified Professional Engineer of Manitoba has unstable soil conditions. 2. The Designated Officer, having required a detailed engineering study of the soil conditions may, acting on the advice of the Certified Professional Engineer of Manitoba, apply conditions to the approval of the development permit to prevent erosion, stabilize soil conditions and ensure proper land drainage. ## 14.0 Conditions Attached to a Development Permit - The Designated Officer may impose, with respect to a permitted use, such conditions as are required to ensure compliance with this By-law. - 2) Council may, with respect to a conditional use, impose such conditions as eemed appropriate, having regard to the regulations of this By-law. oth unicipal, provincial and federal government regulations, and matte raised at the conditional use hearing. - The Designated Officer or Council may, as a condition of issuing a development permit, require the applicant to make satistactory arrangements for the supply of electric power, vehicular and pedestrian access, or any of the aforementioned, including payment of the costs of installation or constructing any such utility or facility by the applicant. - 4) The Designated Officer or Council may, as a condition of issuing a development permit require that an applicant enter into an agreement or an  interim agreement, which shall be attached to and form part of such development permit, to do all or any of the following: - a) to construct, or pay for the construction of, or improvement to, a public roadway required to give access to the development; 2. to specify the location and number of vehicular and pedestrian access points to sites from public roadways, including the construction, or payment for the construction thereof or - c) to install, or pay for the installation of, utilities that are necessar o serve the development, or pay the recovery costs of service: hich have already been installed - d) to repair, improve or reinstate, or to pay for the repair, improvement or reinstatement, of any street furniture, curbing, sidewalk, boulevard landscaping and tree planting which may be damaged or destroyed or otherwise harmed by the development or building operations upon the site; and - e) to construct, or pay for the construction of, or improvement to, land drainage works that are necessary to serve the development. 6. The Designated Officer or Council may require any agreement entered into pursuant to Section 14.0 (4) of this By-law to be caveated against the title to the site at the Land Titles Office. ## 15.0 Enforcement and Penalties ## 15.1 Offenses - Any owner, lessee, tenant or occupant of land, or a building or a structure thereon, who, with respect to such land, building or structure contravenes; or causes, suffers or permits a contravention of, any provision of the Act, a development permit, a development agreement or this By-law commits an offense. - Any contractor, worker, or other person who constructs a building or structure, or makes an addition or alteration thereto: - b) in contravention of a condition of a development permit issued under this By-law; - a) for which a development permit is required but has not been issued or is not subsisting under this By-law; or commits an offense. ## 15.2 Penalties - Fines and penalties will be imposed as per the Act.  i ## 15.3 Suspension or Revocation of the Development Permit - The Designated Officer may suspend or revoke a development permit where: - a) the applicant fails to comply with the conditions of issuance of a permit; or - b) any person undertakes or causes or permits any development on a site contrary to the terms or conditions of a permit. - Any person who undertakes, or causes or permits, any development on a site without a permit, or after a permit has been suspended or revoked shall discontinue such development forthwith upon notice in writin issued by the Designated Officer so requiring, and shall not resume such development unless a permit has been issued or the permit reinstated. ## 16.0 Rezoning Amendments ## 16.1 Text and Mapping Amendments - - Any person applying to amend Parts I, II, Ill and IV of this By-law shall apply in writing to the Designated Officer, furnishing reasons in support of the application and requesting that the Designated Officer submit the - If a person applies to the Council in any manner for an amendment to Parts I, II, III and IV of this Zoning By-law, the Council may require him/her to submit his/her application to the Designated Officer in accordance with the provisions of this Section of the By-law before it considers the amendment proposed by such person. - 3) Any person applying to amend Part III of this By-law to change the 'oning District governing any land shall apply in writing to th Designated Officer and if required by the Designated Officer submit th ollowing to the Designated Officer - i status of Title which has been issued no later than 30 days prio - b) - c) Pay for all comes thyued by can Manicipality in processing he engineering, legal, surveys and advertising costs; - d) the appropriate application fee: and  - a brief written statement by the applicant in support of his/her application, and his/her reasons for applying. ## 16.2 Review and Processing of Amendments - Upon receipt of an application for a rezoning amendment, the Designated Officer shall forward the application to Council for review. - 2) If Council deems it appropriate to give the application first reading, the Designated Officer shall then examine the proposed amendment or undertake an investigation and analysis of the potential impacts of development under the proposed Zoning District. The analysis shall be based upon the full development potential of the uses and development regulations specified in the proposed Zoning District and not on the merits of any particular development proposal. The analysis may, among other things, consider the following impact criteria: - a) relationship to and compliance with the MSTW Planning District Development Plan and Council policy; - c) traffic impacts; - compatibility with surrounding development in terms of land use Tunction and scale of development; - d) relationship to, or impacts on utility services and public facilities such as recreational facilities and schools; - effect on stability, retention and rehabilitation of desirable existing uses, buildings, or both in the area; - relationship to Municipal land, right-of-way or easement regulations; - necessity and appropriateness of the proposed Zoning District in view of the stated intentions of the applicant; - i) groundwater and soil conditions; and - h) relationship to the documented concerns and opinions of area residents regarding the application; - j) topographical, physical and natural features. - The Designated Officer may prepare a written report on the proposed amendment and advise the applicant of the hearing date. - 4) The Designated Officer, in his/her discretion, may present for the consideration of Council any proposed amendment to this By-law, and the proposed amendment shall be accompanied by the report and recommendation of the Designated Officer. - 5) Council, in its discretion, may initiate any amendment to this By-law, and prior to the approval of any amendment, Council may refer the proposal to the Designated Officer for his/her report and recommendation.  - Every rezoning application shall be accompanied by the required fee as set out by the Planning Board or Council. - 7) When a Development and/or Zoning Agreement is to be entered into between the Municipality and the applicant, the applicant shall pay to the Municipality, in addition to any other fee required pursuant to this or any other By-law, a Development and/or Zoning Àgreement fee. ## 16.3 Notification of Amendments - Prior to consideration by Council of a proposed rezoning amendment, the Designated Officer shall place a public notice in compliance with the Act. ## 17.0 Conditional Uses - Where a use is classified as a conditional use and exists as an allowable use at the date of the adoption of this By-law or amendments thereto, it shall be considered as a legally existing conditional use. - 2) Changing to a different or adding another conditional use, increasing the size of the building, structure, operation, use or area by ten (10) percent or more within a site affected by a conditional use and/or a change in any condition previously imposed by Council in the authorization of the conditional use shall be subject to the provisions of this Section and the appropriate provisions of the Act. - 3) An owner or his/her agent may file an application to use land for a use listed as a conditional use in this By-law. - 4) An application for approval of a conditional use shall be filed with the Designated Officer and shall be in such form and accompanied by such information and fees as determined by Council. - 5) Council may request the Designated Officer to prepare a written report that identifies potential impacts. The analysis may be required to, among other things, consider the following impact criteria: - relationship to and compliance with the MSTW Planning District - b) compatibility with surrounding development in terms of land use function and scale of development - c) - d) relationship to, or impacts on utility services and public facilities - relationship to Municipal land, right-of-way or easement  - f) effect on stability, retention and rehabilitation of desirable existing uses, buildings, or both in the area; 2. relationship to the documented concerns and opinions of area residents regarding the application; - h) groundwater and soil conditions; and - i) topographical, physical and natural features. - 6) Prior to consideration by Council of a conditional use application, the Designated Officer shall place a public notice in compliance with the Act. - 7) An application for a conditional use shall be processed and approved or rejected in accordance with the Act. If warranted, Council may want to onsider imposing conditions to ensure that the proposed developme ill not significantly impact the Municipality. This could includ 7. additional buffering measures such as increased yard setbacks, - c) limiting the hours of operation; 9. performance siandards dealing with such potential impacts as noise, odour and vibration; - d) imposing design and siting regulations including landscaping. outdoor lighting, refuse and storage areas, and building design and architectural appearance; - e) the owner/applicant upgrading certain municipal services such as roads and ditches; 12. liability insurance protecting the Municipality from any future legal claims, including environmental contamination to water 13. a letter of credit related to municipal improvements such as road or drainage works; - h) the owner/applicant entering into a development agreement with - 8) The approval of Council shall expire and cease to have any effect if it is not acted upon within twelve months of the date of the decision, unless i is renewed at the discretion of Council for one additional period no ## 18.0 Variation Orders - Any person who is of the opinion that this By-law injuriously or adversely affects him/her or his/her property rights, may at any time apply for a variation order, in accordance with the provisions of the Act. - An application for a variation order shall be filed with the Designated Officer, and shall be in such form and accompanied by such information  and fees as determined by the Designated Officer or Council. - 3) Prior to consideration by Council of a proposed variation order, the Designated Officer shall place a public notice in compliance with the Ac Council may request the Designated Officer to prepare a written repor that assesses the merits and implications of the proposed application. - 4) An application for a variation order shall be processed and approved or rejected in accordance with the provisions of the Act. As a condition of approval, Council may require that the owner/applicant enter into a development agreement with the Municipality. 3. The approval of Council shall expire and cease to have any effect if it is not acted upon within twelve months of the date of the decision, unless it is renewed at the discretion of Council for one additional period not exceeding twelve months. ## 19.0 Subdivisions - Subject to Section 19.0 (2) and 19.0 (3) of this By-law, no parcel of land shall hereafter be divided into sites, unless each site conforms to the regulations of the Zoning District in which the site is located. - Council may, as provided in the Act, vary the regulations as they apply to an individual site, subject to complying with the objectives and policies of the MSTW Planning District Development Plan. - An existing undersized lot may be increased in area or frontage, or both, and still remain an existing undersized lot if after the increase the lot still remains undersized. - In addition to the requirements contained herein, all subdivisions shall conform to the provisions of the MSTW Planning District Development Plan, and the provisions of the Act, where applicable.  ## GENERAL DEVELOPMENT REGULATIONS ## 20.0 General Development Regulations Applicability - 1) The General Development Regulations apply to any development on any site, irrespective of the Zoning District in which it is located. ## 21.0 Yards on Corner Lots and Double Fronting Lots - In the case of a corner lot, the front yard shall be the yard abutting the front lot line. - 2) Despite Section 21.0(1) of this By-law, the Designated Officer may equire any corner lot to provide an additional front yard or yards other han that required, having regard to the orientation and access of adjacen developments. - The Designated Officer may require a double fronting lots to provide a front yard on each public roadway, other than a lane, provided that at least one front yard shall be provided. ## 22.0 Projections into Yards The following features may project into a required yard as provided for below: - Uncovered walks, wheelchair ramps, trellises, flagpoles, lighting fixtures and lampposts. - Verandas, porches, eaves, shade projections, unenclosed steps, cantilevers, chimney or parts of a chimney, belt courses, sills, together with any other architectural features which, in the opinion of the Designated Officer, are of a similar character, excluding rain gutters provided such projections do not exceed 0.91 m. (3.00 ft.). - Bay, oriel, or similar windows, provided that such projections do not exceed 0.61 m. (2.00 ft.). - Balconies, provided with such projections do not exceed 0.61 m. (2.00 ft.). - Any loading space required under the regulations of this By-law, provided it shall not be in a required front yard. - 6) A parking area when comprised of parking spaces required under this Bylaw, provided that no parking area in any Zoning District shall be locate within the required front yard. This shall not prohibit the use of a requirec front yard for such walkways and driveways as the Designated Officer considers necessary.  ## 23.0 Accessory Uses, Buildings and Structures - Accessory developments shall be subject to the regulations of the Zoning District in which the principal building is located and: - shall be conditional when accessory to a conditional use. - a) shall be permitted when accessory to a permitted use; and - Where any building or structure on a site is attached to a principal building on the site by a roof, an open or enclosed structure above grade, a floor or a foundation which is above grade, or any structure below grade allowing access between the buildings such as a parking garage or a corridor or passageway connecting the buildings, it is a part of the building and is not an accessory building. - 3) No accessory building or structure shall be constructed on any site prior to the time of construction of the principal building to which it is accessory. - 4) Despite Section 25.0(1) of this By-law, accessory buildings or structures for Residential Use Class developments shall be located on a site as follows: - where the accessory building is attached to a main building, it shall be subject to, and shall conform to, all regulations of this By-law applicable to the principal building; and - b) where the accessory building is detached from the principal building, it shall not be located closer than 3.05 m. (10.00 It.) clear f all projections to the principal building, nor shall it be locate loser to a public roadway than the front wall of the principa building. - No accessory building or structure shall be used as a dwelling unit, except as provided for in this By-law. - 6) In no instance shall an accessory building or structure be located within a dedicated easement or right-of-way. ## 24.0 Temporary Buildings and Uses - A development permit for a temporary building, structure or use shall be subject to such terms and conditions as required by Council or the Designated Officer. - 2) Each development permit issued for a temporary building, structure or use shall be valid for a period of not more than twelve months and may not be renewed for more than one successive period at the same location.  Page - 3) In all cases, temporary buildings and structures shall not exceed 92.90 sq. m. (1,000.00 sq. ft.) in area and one storey or 4.57 m. (15.00 ft.) in height, 2. may be used as an office space for the contractor or developer; 3. may be used as a temporary placement of concrete and asphalt batch plants that are incidental to and necessary for highway construction and maintenance. 4. shall not be used for human habitation, except as temporary accommodation tor a caretaker, watchman or construction - d) shark not be detrimental to the public health, safety, convenience and general welfare, nor detract from the aesthetic value of the neighbourhood. - 4) Notwithstanding the regulations of this Section of the By-law, a temporary development permit shall be issued for a Carnival development provided its maximum permitted duration on a site, which includes the installation and removal of all equipment and structures thereon, is five days. ## 25.0 Height - In determining whether a development conforms to the maximum height permissible in any Zoning District, the following features shall not be considered for the purpose of height determination: chimney stacks, steeples, belfries, domes or spires, monuments, elevator housings, roof stairway entrances, water or other tanks, ventilating equipment, skylights, fire walls, receiving or transmitting structures, masts, flag poles, clearance markers or other erections which are considered to be similar by the Designated Officer. ## 26.0 Access to Sites - Permits for developments adjacent to Provincial Truck Highways, Provincial Roads and Provincial Access Roads shall be required from the appropriate Provincial government agency. ## 27.0 Moving of Structures - No person shall move any structure or part thereof off his/her property to any other location within the municipality unless that structure or part is made to conform to the regulations of this By-law applicable to the Zoning District to which it is to be moved and the structure or part as determined by the Designated Officer will be similar to, or better than, the standard of surrounding development in terms of building materials.  - 2) Before moving a building or portion to a new location, the owner shall enter into an agreement with the Municipality containing an undertaking of the owner to pay all damages arising out of the move and such other terms and conditions as a Designated Officer deems necessary. 2. Within one (1) year upon completion of removal of a building from a site, the old foundation shall be removed, any excavation shall be filled, the ground shall be leveled and the site shall be put in a safe condition to the satisfaction of the Designated Officer. ## 28.0 General Performance Standards for Residential Use Classes Residential uses shall comply with the following standards: - In any development, the design, use of exterior finishing materials and construction shall be to the satisfaction of the Designated Officer or Council who shall require, as far as reasonably practicable, that materials will be used which ensure that the standard of the buildings will be similar to, or better than, the standard of surrounding development. The Designated Officer or Council may require that the appearance of walls exposed to public view from beyond the site be improved where the appearance of such walls is inconsistent with the finishing standards of surrounding development. ## 29.0 Development Restricted ## 29.1 Noxious or Offensive Uses - Nothing in this By-law or the issuance of a development permit. conditional use order or variation order or any other approval issued unde this By-law or under the Act shall be construed as authorization for the carrying out of any activity that is a nuisance. ## 29.2 Land Unsuitable for Development - No buildings or structures shall be built in an area that has been identified either by Council or other agencies as being subject to flooding by a 100 year flood, unless the development proponent demonstrates to the satisfaction of Council that measures will be taken to protect the - Where development is proposed in an area that, in the opinion of the Designated Officer, may be subject to ponding due to snowmelt or heavy rainfall events, the development proponent may be required to provide additional measures, including the provision of sufficient fill around the  building, to provide an additional measure of protection from flood damage. - No building or structure shall be built in an area that is subject to erosion, bank instability, landslide, subsidence, is marshy or unstable, or is otherwise hazardous or unsuitable by virtue of its soil or topography, unless it is demonstrated to the satisfaction of Council that proper measures will be taken to deal with the unsuitability or hazard ## 29.4 Dwelling Setbacks - No dwelling unit shall be located within 402.34 m. (1,320.00 ft.) of the boundary of any active waste disposal ground unless: - a) a Certified Professional Engineer of Manitoba determines that there will be no migration of methane gas; and - approval has been obtained from Manitoba Conservation. - No dwelling unit shall be located within 457.20 m. (1,500.00 ft.) of the boundary of a Municipal sewage lagoon. - No dwelling unit shall be located within 15.24 m. (50.00 ft.) from the edge of a right-of-way established for the transmission of high-pressure natural gas or the transmission of hydro electricity in excess of 100 kilovolts. - No dwelling unit shall be located within 30.48 m. (100.00 ft.) from the edge of a railway right-of-way. - No dwelling unit or farm building shall be located within an area that has been designated as a high or medium quality aggregate area by the Manitoba Mines Branch, unless the site has been reviewed by that Branch and a recommendation provided that would allow development to proceed. - 6) No dwelling unit shall be located within 152.40 m. (500.00 ft.) from any active Natural Resource Development. - 7) Aircraft Landing Field, no building or structure shall be constructed adjacent to the said Aircraft Landing Field unless it conforms to the - Buildid 0, 35 mt. (lures t) aeli at hor each 12. rum. y40.00 no) said runway; and  Page 60 - Buildings or structures located along the sides of a runway shall not exceed 0.35 m. (1.00 ft.) vertical for each 2.13 m. (7.00 ft.) horizontal relative to the elevation at the sides of the said runway and starting at a point that is 30.48 m. (100.00 ft.) from the edges of the said runway. ## 29.5 Side Yard Exceptions - For the purpose of side yard regulations, the following dwellings that have common party walls shall be considered as one building occupying one lot: Two Family Dwellings, Semi-Detached Dwellings, Townhouse Dwellings and Multi-Family Dwellings. Side yard regulations shall not apply along the common party walls. ## 29.6 Hazardous Materials Storage - No Bulk Storage Facility, Agricultural Crop Protection Warehouse or Agricultural Product Storage shall be located within: - 1.61 km. (1.00 mile) of the boundaries of the Local Urban District of Miami; - b) 804.65 m. (2,640.00 ft.) of the RR: Rural Residential Zoning District; - 304.80 m. (1,000.00 ft.) of a building used for human occupancy; - d) 100.00 m. (328.08 ft.) from the edge of the rights-of-way of Provincial Trunk Highways, Provincial Roads and Provincial Access Roads. ## 29.7 Building Grade - 1) No building or structure shall be erected without first obtaining from the Designated Officer written instructions as to the grade for the building or seguilures to be erected, which shall be in accordance with Municipal ## 29.8 Shelterbelts - No shelterbelts, as determined by the Designated Officer, shall be placed within 38.10 m. (125.00 ft.) of a municipal road right-of-way.  Page ## 29.9 Land Drainage - 1) An even on a pendi, where is preposed fater or diver the natura. course of a watercourse. 2. Notwithstanding any other regulation of this By-law, the Designated Officer or Council may refuse a development permit for, or prohibit, any drainage works to be undertaken on lands where it has been determined that such works would create an adverse effect on adjacent public or private lands or where adjacent drains are insufficient to accommodate the added runoff. 3. 30 A license to Construct Drainage Works from Manitoba Stewardship Is required for any drainage works undertaken on any lands where it is proposed to alter or divert the natural course of a watercourse and affect lands outside town limits ## 29.10 Tree Removal - Any removal of live trees from a shelterbelt or from within 60.96 m. (200.00 ft.) of the banks of any water body, river, creek or drain or the clearing of more than 0.81 ha. (2.00 ac.) of land or the drainage of a natural slough or swamp shall require a development permit issued by Council which may: - (a) contain an expiry date for the permit; - (b) specify the manner in which trees may be removed or land drained; - (c) specify the manner in which trees or drainage is to be disposed of; and/or - (d) included such other provisions as, in Council's opinion, are in the public interest. - No building or structure shall be erected upon any land designated for a future road allance by Comply vi ty revelaines tie Ben to said the said future road allowance was already in existence.  Page ## 30.0 Streets ## 31.0 Connecting to Municipal Services - All new principal buildings constructed on a site that is serviced by Municipal sewer or water shall, where feasible, be connected to such services.  ## SPECIAL LAND USE REGULATIONS ## 32.0 Applicability - 1) The Special Land Use Regulations apply to the uses listed irrespective of the Zoning District in which they are located. Where these regulations appear to be in conflict with the Zoning District regulations in which the use is either a permitted use or conditional use, the Special Land Use Regulations shall take precedence and shall be applied in addition to the regulations in the Zoning District. ## 33.0 Home Industries A Home Industry shall comply with the following regulations: - 1) The Home Industry shall operate as a secondary use to a dwelling unit. 2. The employment of family and non-family members is allowed as part of the Home Industry to a maximum of five (5) persons. - 3) The selling of goods or services related to the Home Industry is allowed. 4. The character and scale of the Home Industry shall not create offensive or objectionable impacts on any adjoining sites. 5. Outside storage of goods and materials is allowed as part of the Home Industry if the storage is located to the rear of a line adjacent to and parallel with the front wall of the building. - 6) The Home Industry may have one identification sign with a maximum area of 2.97 sq. m. (32.00 sq. ft.), indicating the name of the occupant and/or Home Industry of the occupant and provided the sign is attached to and parallel with the wall of the principal or accessory building. - 7) There shall be no mechanical or electrical equipment used which creates noise, or visible and audible interference in radio or television reception in adjacent dwelling units. 8. The Home Industry shall comply with all environmental and public health standards of the Province of Manitoba. If Council determines that a proposed Home Industry may conflict with these standards, the application shall be referred to the appropriate Provincial departments) prior to issuing a development permit. 9. In addition to the information regulations of this By-law, each application for a development permit for a proposed Home Industry shall include a description of the use to be undertaken at the premises and an indication of  ! where any materials, equipment or vehicles associated with the use are to be stored. ## 34.0 Home Occupations A Home Occupation shall comply with the following regulations: - The Home Occupation shall not include social escort services, automotive service uses and tow-truck operations. - Tong to me outin hal eard by the meera of employees. - The Home Occupation may have one identification sign not exceeding 1.49 sq. m. (16.00 sq. ft.) in area, indicating the name of the occupant and/or Home Occupation of the occupant provided the sign is attached to and parallel with the wall of the principal or accessory building. - The Home Occupation shall be operated as a secondary use only, and shall not change the principal character or external appearance of the dwelling unit involved. - A Home Occupation within a dwelling unit or accessory building shall not exceed a maximum floor area of 55.74 sq. m. (600.00 sq. ft.). - 6) The Home Occupation shall not be permitted if, in the opinion of the Designated Officer, such use would be more appropriately located in another Zoning District having regard for, among other matters, potential traffic generation and potential interference with the residential character of the area. - 7) In addition to the information regulations of Section 12.0 of this By-law, each application for a development permit for a proposed Home Occupation shall include a description of the office use to be undertaken at the premises and an indication of where any materials, equipment or vehicles associated with the office use are to be stored. ## 35.0 Bed and Breakfast Homes A Bed and Breakfast Home shall comply with the following regulations: - Approved smoke alarms shall be required: - in every bedroom or bedroom suite; and  ## 37.0 Car Brokers A Car Broker shall comply with the following regulations:  - b) in the common corridor of every storey or floor level, even if no bedroom or bedroom suite is provided on that storey or floor level. The smoke alarms are to be electrically hard wired to each other in cases where major renovations are to take place. - An approved 2.20 kg. (4.85 lb.) multi-purpose portable fire extinguisher shall be visibly mounted near the kitchen exit door, preferably the door leading directly outdoors. ## 36.0 Planned Unit Developments A Planned Unit Development shall comply with the following regulations: - Specific regulations in a Zoning District shall not directly apply to Planned Unit Developments. However, the project shall produce an environment of stable and desirable character and shall incorporate at least equivalent standards of building separation, parking, height and other regulations and regulations of this By-law. - An application for a Planned Unit Development shall include normal development permit regulations as well as an impact study that outlines - economic, social and environmental benefits to the community; - the effect on the general environment including, but not necessarily limited to, drainage, groundwater and erosion; - the effect on the general character of the area and adjacent areas; - d) the effect on Municipal services and the street system; and - e) such additional information as required by Council. - The density of development shall not be increased from the normal density per gross hectare (acre) permitted in the Zoning District in which the proposed Planned Unit Development is located. - 4) Planned Unit Developments shall be regulated through a site plan agreement or development agreement which is caveated against the title at the Land Titles office. - An overall landscaping plan shall be prepared. - Any public park areas shall be dedicated by the municipality. - 1) The Car Broker operation shall be operated as a secondary use only on the site, and shall not change the principal character or external appearance of the dwelling unit involved. - 2) The Car Broker operation shall be limited to the purchase and sale of used passenger vehicles and light trucks only. 3. Except as hereinafter provided, the passenger vehicles and light trucks that are for sale shall be parked or stored at the rear of the dwelling unit on the site so as to be entirely screened from public view. - 4) Notwithstanding Section 41.0(3) of this By-law, a maximum of four passenger vehicle or light truck may be put on display for sale in the front yand of the site on which a Car Broker operation is located at any one 5. Notwithstanding Section 41.0(4) of this By-law, on the site on which a Car Broker operation is located there shall be no passenger vehicles and light trucks put on display for sale within any Municipal road right-of-way. - 6) Notwithstanding Section 41.0(4) of this By-law, if the Car Broker operation is adjacent to a Provincial Trunk Highway Provincial Road, Provincial Access Road or Main Market Road, the passenger vehicles and light trucks put on display for sale thereon shall be setback in accordance with The Highway & Transportation Act and The Highway Protection Act. - 7) The site on which a Car Broker operation is located shall be kept in a tidy, well-maintained manner to the satisfaction of the Designated Officer. - 8) The Car Broker operation shall not generate pedestrian or vehicular traffic, or parking, in excess of that which is characteristic of the Zoning District in which it is located. - 9) The Car Broker operation shall be operated solely by the members of the family residing at the same dwelling unit on the site where the Car Broker operation is located and can have a maximum of one on-site employee. - 10) Any exterior display or advertisement of the Car Broker operation shall: 11. not exceed 1.49 sq. m. (16.00 sq. ft.) in area; - c) be compatible with the character of the area. - b) not be illuminated; and - 11) The Car Broker operation shall have all outdoor lighting located and arranged on the site so that no rays of light are directed at any adjacent sites.  - 12) The maximum number of passenger vehicles or light trucks for sale at any one time shall be limited to six vehicles. ## 38.0 Temporary Additional Dwellings A Temporary Additional Dwelling shall comply with the following regulations: - The Temporary Additional Dwelling shall be installed on a site for use either: - by an elderly parents) or other family member(s) of the owneroccupier of the on-site Single Family Dwelling requiring the care and assistance therefrom; or - as temporary accommodation by a property owner during which time a permanent Single Family Dwelling is being developed on the site. - The Temporary Additional Dwelling shall be constructed in accordance with CSA and applicable building code regulations. - 3) The Temporary Additional Dwelling shall comply with all site regulations applicable to the Zoning District in which the Single Family Dwelling is located or is proposed to be located. - 4) The Temporary Additional Dwelling shall be removed by the property owner upon the cessation of its approved occupancy by Council. - The installation of a Temporary Additional Dwelling shall comply with the regulations of any appropriate Federal, Provincial or Municipal legislation. - Council may impose additional conditions on the installation of a proposed Temporary Additional Dwelling deemed necessary to protect adjacent sites and the public welfare. ## 39.0 Residential Related Farms A Residential Related Farm shall comply with the following regulations: - 1) The minimum site area for the Residential Related Farm shall be 2.02 ha. (5.00 acres). - 2) The use of land or structures for the Residential Related Farm shall be limited to 1.33 Animal Units per 0.80 ha. (2.00 acres) of land. 3. The maximum size for the Residential Related Farm shall be less than 10.00 Animal Units.  Page 68 - Farm buildings or structures shall be a minimum distance of 30.48 m. (100.00 ft.) from any lot line. - 5) The keeping of animals on a site: - shall not interfere with the use and enjoyment of adjacent land uses. - a) shall not be allowed in front of the dwelling unit in the RR: Rural Residential Zoning District; and - 6) For the purposes of this Section of the By-law, the calculation of Animal Units shall be cumulative across the species as determined on the basis of Table 3 in Appendix D, or as determined by the Province of Manitoba. - A Residential Related Farm can only be developed in conjunction with a Single Family or Farmstead Dwelling. ## 40.0 Livestock Production Operations - 1) The regulations of this Section of the By-law shall apply to Livestock Production Operations. ## 40.1 General - When considering permit applications for Livestock Production Operations, the Designated Officer and Council shall consider: - a) the size of the operation and its location in relation to neighbouring land uses; - c) the groundwater conditions; - topographical, physical and natural features of the area (i.e. treed, windbreaks, open crop, soil types, water table, etc.); - d) local resident concerns; - f) the potential impacts generated by the operation on the Provincial highway and Municipal road systems; and - e) the proposed water supply and water supply requirements; - Provincial guidelines and regulations. - 2) Where a Livestock Production Operation is located within 804.65 m. (2,640.00 ft.) of one or more other Livestock Production Operations, and where these operations are owned, operated or controlled by the same person, including a corporation, co-operative, partnership or limited partnership, or where they share common manure storage facilities and raise the where they raise the same type of livestock, they shall be deemed to be one Livestock Production Operation for the purposes of this By-law. - All new or expanding Livestock Production shall:  - - a) meet or exceed all applicable Provincial and Federal government environmental and health regulations in force at the time of the permit application; - c) meet or exceed any applicable site regulations; 3. obtain a development or building permit from the RM of Thompson prior to any development activity taking place on the site; 4. have an adequate land base that is either owned or leased by the proponent to carry out the proposed Livestock Production 5. e). ensure manure storage facilities must be designed, built and operated in conformity with all relevant Provincial regulations. ## 40.2 Livestock Production Operations Producing up to and Including 299 Animal Units. ## 40.2.1 Mutual Separation Regulations - Except for the dwelling unit of the operator of the Livestock Production Operation, mutual separation distances shall be maintained between Livestock Production Operations and a dwelling unit (including a rural residence) or designated residential or recreational area in accordance with Table 3:  TABLE 3 Mutual Separation Regulations | Size of Livestock Operation in Animal Units | From Single Relium Separation on ence | From Single Relium Separation on ence | From Designated Residential or Recreational Area | From Designated Residential or Recreational Area | |-----------------------------------------------|-----------------------------------------|--------------------------------------------------------------------|----------------------------------------------------|--------------------------------------------------------------------| | | To Earthen Manure Storage Facility | To Animal Housing Facility and Non-earthen Manure Storage Facility | To Earthen Manure Storage Facility | To Animal Housing Facility and Non-earthen Manure Storage Facility | | 10 to 100 | 200.00 m. (656.00 ft.) | 100.00 m. (328.00 ft.) | 800.00 m. (2,625.00 ft.) | 530.00 m. (1,739.00 ft.) | | 101 to 200 | 300.00 m. (984.00 ft.) | 150.00 m. (492.00 ft.) | 1,200.00 m. (3,937.00 ft.) | 800.00 m. (2,625.00 ft.) | | 201 to 299 | 400.00 m. (1,312.00 ft.) | 200.00 m. (656.00 ft.) | 1,600.00m. (5,249.00 ft.) | 1,070.00 m. (3,511.00 ft.) | ## 40.3 Livestock Production Operations Producing More Than 299 Animal Units ## 40.3.1 Mutual Separation Regulations - Except for the dwelling unit of the operator of the Livestock Production Operation, mutual separation distances shall be maintained between Livestock Production Operations and a dwelling unit (including a rural residence) or designated residential or recreational area in accordance with Table 4:  TABLE 4 Mutual Separation Regulations | | Minimum Separation Distance | Minimum Separation Distance | Minimum Separation Distance | Minimum Separation Distance | |--------------------------------|------------------------------------|--------------------------------------------------------------------|--------------------------------------------------|--------------------------------------------------------------------| | Size of Livestock Operation in | From Single Residence | From Single Residence | From Designated Residential or Recreational Area | From Designated Residential or Recreational Area | | Animal Units | To Earthen Manure Storage Facility | To Animal Housing Facility and Non-earthen Manure Storage Facility | To Earthen Manure Storage Facility | To Animal Housing Facility and Non-earthen Manure Storage Facility | | 300 to 400 | 450.00 m. (1,476.00 ft.) | 225.00 m. (738.00 ft.) | 1,800.00 m. (5,906.00 ft.) | 1,200.00 m. (3,937.00 ft.) | | 401 to 800 | 500.00 m. (1,640.00 ft.) | 250.00 m. (820.00 ft.) | 2,000.00 m. (6,561.00 ft.) | 1,330.00 m. (4,364.00 ft.) | | 801 to 1600 | 600.00 m. (1,968.00 ft.) | 300.00 m. (984.00 ft.) | 2,400.00 m. (7,874.00 ft.) | 1,000.00 m. (5,249.00 ft.) | | 1601 to 3200 | 700.00 m. (2,297.00 ft.) | 350.00 m. (1,148.00 ft.) | 2,800.00 m. (9,186.00 ft.) | 1,870.00 m. (6,135.00 ft.) | | 3201 to 6400 | 800.00 m. (2,625.00 ft.) | 400.00 m. (1,312.00ft.) | 3,200.00 m. (10,499.00 ft.) | 2,130.00 m. (6,988.00 ft.) | | 6401 to 12800 | 900.00 m. (2,953.00 ft.) | 450.00 m. (1,476.00 ft.) | 3,600.00 m. (11,811.00 ft.) | 2,400.00 m. (7,874.00 ft.) | | 12801+ | 1,000.00 m. (3,281.00 ft.) | 500.00 m. (1,640.00 ft.) | 4,000.00 m. (13,123.00 ft.) | 2,670.00 m. (8,760.00 ft.) | ## 40.4 · Development Permit Applications - For Livestock Production Operations that produce more than 300 Animal Units, in addition to the standard development application submission regulations, the applicant may also be requested to submit the following information: - a detailed description of the proposed operation; - b) the corporate identity and proof of property ownership; - the owner's (and applicant if different from owner) name, address, signature and interest in the land; - a legal description of the land on which the proposed development is to occur, by lot, block, subdivision and registered plan numbers; - a site plan showing the location of housing, storage and other facilities relative to the boundaries of the site; e) - f)  - analyses of geology, aquifers, and groundwater supply, soils and soil profiles, crop production/nitrogen/phosphorus utilization, and surface drainage relative to the proposed operation; - h) a report from the Technical Review Committee indicating whether the proposed Livestock Production Operation complies with the Manitoba Farm Practices Guidelines; - a letter signed by the applicant and agricultural engineer (or other qualified professional) certifying the contents of all information submitted as part of the application; and - the appropriate application fee including public notification costs. ## 40.5 Animal Units - 1) For the purposes of this Section of the By-law, the calculation of Animal Units shall be cumulative across the species pursuant to Table 5 in Appendix D, or as determined by the Province of Manitoba. ## 40.6 Conditional Use Hearing - Where a conditional use hearing is required, Council will not set a hearing date until all of the development permit application information as specified in Section 44.4 of this By-law has been submitted by the applicant to the Designated Officer. - 2) Prior to any hearing of an application for a conditional use permit, Council shall give notice of the hearing by regular mail to affected ratepayers in accordance with the Act. The notice shall advise affected ratepayers of the date, time and place of the hearing and the intent of the application. The applicant shall be responsible for all public advertising costs. - 3) An application for a conditional use permit shall be processed and approved or rejected in accordance with the Act. If warranted, Council may want to consider imposing development conditions to ensure that the proposed Livestock Production Operation will not negatively impact the community. This could include: - the protection of a watercourse, or other body of water; - the regulation for covered manure storage; - b) the nature and frequency of soil testing; - d) additional buffering measures such as increased yard setbacks; - specific performance standards dealing with odour control such as he planting of trees or shelterbelts around open storage areas to reduce the movement of air over manure surfaces: - the construction of a fence around proposed manure storage facilities for safety purposes;  - the owner/applicant upgrading certain Municipal services such as - a letter of credit related to Municipal improvements such as road or - i) liability insurance protecting the Municipality from any future legal claim relating to the operation of the Livestock Production - the proponent providing Council or the Designated Officer with a copy of the construction permit for the manure storage facility issued by Manitoba Conservation prior to developing the livestock ## 40.7 Refusal of a Conditional Use Permit - Council may refuse a conditional use permit for a Livestock Production Operation if, in its opinion, the proposal: - a) does not comply with the regulations of this By-law; and/or - does not comply with applicable provincial regulations. ## 41.0 Anhydrous Ammonia Facilities - An Anhydrous Ammonia Facility shall be located at least: - a) 1.61 km. (1.00 mile) from the RG: Residential General Zoning District; - b) 792.48 m. (2,600.00 ft.) from any Residential, Basic Service and Cas developedes, anal, Recreational and Cultural Service Use - 100.00 m. (328.08 ft.) from the edge of the rights-of-way of a Provincial Trunk Highway, Provincial Road or Provincial Access Road. ## 42.0 Small Animal Breeding and Boarding Establishment A Small Animal Breeding and Boarding Establishment shall comply with the following regulations: - They shall comply with all applicable Provincial and Municipal animal control and licensing By-laws. - The Small Animal Breeding and Boarding Establishment shall be carried out by an occupant of the dwelling unit. - 3) One assistant, who is not a resident of the dwelling unit of the Small Animal Breeding and Boarding Establishment, may operate in and from  74 the said dwelling unit. - 4) If located within a Residential Use Class development, the Small Animal Breeding and Boarding Establishment shall be operated as a secondary use only, and shall not change the principal character or external appearance of the dwelling unit involved. 2. The Small Animal Breeding and Boarding Establishment shall not create or become a nuisance by the way of noise, fumes, dust, odour, traffic or otherwise interfere with the use and enjoyment of adjacent land uses. ## 43.0 Natural Resource Developments ## 43.1 Development Permit Applications - 1) In addition to the standard development application submission regulations, an applicant proposing to establish a Natural Resource Development on a site shall also submit the following information: - a) the corporate identity and proof of property ownership or lease arrangements; - b) a legal description of the land on which the proposed development is to occur, by lot, block, subdivision and registered plan numbers; - c) the owner's (and applicant if different from owner) name, address, signature and interest in the land; 5. a description of existing land uses immediately adjacent to the site; - e) a description of the proposed operation, including: 7. (i) site preparation measures to accommodate the proposed operation; 8. (iiii) access and egress locations on the site; 9. (ii) location and size of proposed equipment storage areas as well as aggregate, topsoil or peat moss stock pile areas; 10. (iv) site security and public safety provisions thereon; 11. (vi) existing and anticipated final grades of the excavated land; 12. (v) infrastructure servicing needs; 13. (vii) drainage and water storage provisions; 14. (ix) landscaping provisions; and 15. (villi) analyses of topography, geology, aquifers, groundwater supply, soils and soil profiles relative to the proposed operation; 16. (x) the condition in which the site is to be left when the proposed operation is complete, or the final disposition to be made of the area from which the topsoil or peat moss is to be removed, including the action which is to be taken for restoring the condition of the surface of the land to be affected, preventing, controlling or lessening the creation of  erosion or dust from the land, removing goods and materials from the site and providing for site security and public safety measures. ## 43.2 Natural Resource Development Regulations - The Natural Resource Development shall not excavate aggregate, topsoil or peat moss closer than the distances from any lot line, Single-Family Dwelling or shore of a river, lake or stream than what is outlined in The Mines and Minerals Act. - Where any Natural Resource Development abuts the lot line of a site in a Rural Settlement Centre Policy Area or Rural Residential Policy Area as indicated in the MSTW Planning District Development Plan, a 30.48 m. (100.00 ft.) landscaped yard shall be required. - A dwelling unit is allowed provided it is occupied by the owner/operator or a site watchperson or caretaker, if necessary. - 4) No parking, loading, storage, trash collection, outdoor service or display area shall be permitted within a required side or rear yard. - When outside storage of goods and materials is required the storage shall be located to the rear of a line adjacent to and parallel with the front wall of the building. - 6) Buildings, structures and hedges adjacent to Provincial Trunk Highways, Provincial Roads and Provincial Access Roads shall be setback in accordance with The Highways Protection Act and The Highway and Transportation Act. - 7) Any fuel storage areas established on the site shall comply with Manitoba Regulation 97/88R respecting Storage and Handling of Gasoline and Associated Products. - 8) Any used oil products and other regulated hazardous wastes generated or stored on the site shall be collected and disposed of in accordance with all applicable Manitoba Conservation legislation. - 9) The Natural Resource Development shall comply with all environmental and public health regulations of the Province of Manitoba. If the Designated Officer believes a proposed Natural Resource Development may conflict with these regulations, the application shall be referred to the appropriate Provincial departments) prior to issuing a development permit.  ## 43.3 Conditional Use Hearing - 1) A conditional use application for a proposed new or expanding Natural Resource Development shall be processed and approved or rejected in accordance with the Act. If warranted, Council may want to consider imposing development conditions to ensure that the proposed Natural Resource Development will not negatively impact the community. This could include: - a) the protection of a watercourse, or other body of water; - c) the owner/applicant upgrading certain Municipal services such as roads and ditches; 4. additional performance standards over and above what is being proposed by the applicant dealing with such matters as noise and dust control, site security and public safety provisions as well as landscaping and site rehabilitation measures thereon; - d) a letter of credit related to Municipal improvements such as road or drainage works; and 6. liability insurance protecting the Municipality from any future legal claim relating to the Natural Resource Development. ## 44.0 Wind Energy Generating Systems Phe sto the location of cal iin Energen rair Son stela delica ing. associated works including accessory buildings or structures, electrical lines (above or below ground), on-site roads and driveways providing access to the public road system must be submitted to the Municipality for site approval and shall conform to the following criteria: - a) In addition to satisfying the minimum yard requirements, all Wind Energy Generation Systems shall be setback a minimum of one Generation Systems mes that alling of ith a i anerry 2. c)  ! - d) Any proposed Wind Energy Generation Systems Sites located adjacent to a provincial highway (PTH) or a provincial road (PR shall be circulated to Manitoba Infrastructure and Transportatior for review and shall be subject to the requirements of the regulations affecting those highways. - e) Proponents of Wind Energy Generation Systems are responsible for obtaining any required Federal and/or Provincial government permits or approvals from any agencies and a copy must be 3. Where a proponent locates a Wind Energy Generation Systems on land not under their ownership, they will be required to enter into an easement agreement with the owner of the property in order to - h) The facility shall be separated by a distance of 1,609.340 m. (5,280.00 fl.), of any area which has bee designated and declared a Wildlife Management Area, Provincial Park, Ecological Reserve, and/or Protected Area by the Province of Manitoba. 5. secure ongoing access of the Municipaliey, aho setbacks. the setbacks o separation distances referred to in this section are not sufficient to reduce the potentially negative impact of Wind Energy Generation Systems due to the proposed number or density of Wind Energy Generation Systems, the existing number or density of other uses in the general vicinity, the proximity to a public road or any other reasons that the Municipality believes is relevant, Council may increase/decrease the required setbacks and separation distances.  ## PART III ## ZONING DISTRICTS ## 45.0 Intent of Zoning Districts The Zoning Districts established in this By-law are intended to provide sufficient land for various types of land uses and developments in the RM of Thompson in keeping with the provisions of the MSTW Planning District Development Plan The Zoning Districts as outlined in Chart 1 (Appendix A) are hereby established ## 46.1 Permitted and Conditional Uses ## 46.0 Permitted and Conditional Uses and Accessory Uses, Buildings and Structures - 1) Chart 2 (Appendix B) outlines uses that are permitted or conditional in each Zoning District. 2. All uses listed in Chart 2 (Appendix B) that include a cross reference listing to Use Specific Standards must meet those requirements as noted in the relevant section of the By-law. 3. All uses, whether listed as permitted or conditional, must meet the relevant requirements as outlined in PART II of this By-law. ## 46.2 Accessory Uses, Buildings and Structures - Accessory uses, buildings, or structures means a use, building or structure that is naturally or normally incidental, subordinate, and exclusively devoted to the principal use or building as determined by the Designated Officer, and located on the same lot or site. - Accessory uses, buildings or structures shall comply with Section 24.0. - 2) Allowable accessory uses, buildings or structures shall be determined by the Designated Officer. ## 47.0 Bulk Regulations for Zoning Districts - Chart 3 (Appendix C) outlines the bulk regulations for each Zoning District. ## 48.0 Additional Regulations for All Permitted and Conditional Uses - All uses, buildings and structures shall be developed in accordance with the Municipal Lot Grade By-law, if applicable. - Water supply, sewage disposal and waste management for all developments within the Municipality shall be provided in accordance - Buildings, structures and hedges adjacent to Provincial Highways Provincial Roads and Provincial Access Roads shall be setback in accordance with The Highways Protection Act and The Highway and Transportation Act.  with The Environment Act, The Public Health Act and The Drinking Water Safety Act. ## 49.0 Additional Regulations for the RG: Residential General Zoning District - 2) Where a garage is attached to a dwelling unit the side yard adjacent to the garage may be reduced to 1.52 m. (5.00 ft.). 2. Where dwelling units are to be developed in accordance with a bare land condominium, the minimum site area, site width and yard requirements shall not apply to individual condominium units. However, the front and rear walls of any condominium building shall be setback a minimum distance of 7.62 m. (25.00 ft.) from the front and rear property boundaries of the condominium lot, and the side walls shall be setback a minimum distance of 1.52 m. (5.00 ft.) from the side boundary of the condominium lot as determined by the Designated Officer. - 3) The minimum site area for Multiple Family Dwellings shall be 929.00 sq. m. (10,000 sq. ft.) plus 92.90 sq. m. (1,000.00 sq. ft.) for each dwelling unit in excess of four (4) units. ## 50.0 Additional Regulations for the CH: Commercial Highway Zoning District - For lots that have a site depth of 30.48 m. (100.00 ft.) or less, the minimum front yard shall be 6.10 m. (20.00 ft.) - No parking shall be permitted within the first 4.57 m. (15.00 ft.) of a required front yard and no loading, storage, trash collection, outdoor service or display area shall be permitted within the first 4.57 m. (15.00 ft.) of a required side yard from the front property line. Loading, storage and trash collection areas shall be located to the rear or sides of the principal building and shall be screened from view from any adjacent sites and public roadways as determined by the Designated Officer. - 3) Any used oil products and other regulated hazardous wastes generated or stored on the site shall be collected and disposed of in accordance with al applicable Manitoba Conservation legislation. - Any fuel storage areas established on the site shall comply with Manitoba Regulation 97/88R respecting Storage and Handling of Gasoline and Associated Products. - 4) A dwelling unit is allowed only in conjunction with a permitted or conditional Commercial or Industrial Use Class development if it is occupied by the owner/operator or a site watchperson or caretaker, as - 5) Billings, sy chers and hed of adjacent to Provincial Trunk Hiehway Nos. 3 and 23shall be setback in accordance with The Highways Protection Act.  - - 6) Siting and access provisions for proposed permitted and conditional use developments shall maintain the safety and transportation function of any Provincial Trunk Highways. - 7) A minimum yard of 15.24 m. (50.0 ft.) shall be required where a site abuts the lot line of a Residential Use Class development. ## 51.0 Additional Regulations for the CC: Commercial Central Zoning District - The minimum site area for Multiple Family Dwellings shall be 929.00 sq. m. (10,000 sq. ft.) plus 92.90 sq. m. (1,000.00 sq. ft.) for each dwelling unit in excess of four (4) units. - 2) Any fuel storage areas established on the site shall comply with Manitoba Regulation 97/88R respecting Storage and Handling of Gasoline and Associated Products. - Any used oil products and other regulated hazardous wastes generated or stored on the site shall be collected and disposed of in accordance with all applicable Manitoba Conservation legislation. ## 52.0 Additional Regulations for the MG: Industrial General Zoning District - A minimum yard of 15.24 m. (50.0 ft.) shall be required where a site abuts the lot line of a Residential Use Class development. ## 53.0 Additional Regulations for the AR: Agriculture Restricted Zoning District - 1) A dwelling unit, including a Single-Family Dwelling, Two Family Dwelling and Mobile Home Dwelling, is allowed when on the same site with a permitted use or conditional use development where, in the opinion of Council, the dwelling is essential for the maintenance, operation and care of the permitted use or conditional use. 2. The following Agricultural Use Class developments shall be subject to the site regulations listed under column AR: 'Other' in the Bulk Regulations Table in Appendix C. 3. Agri-Business; - b) Agricultural Implement Sales and Service; - d) Agriculture Support Industry; - c) Agricultural Product Storage; - e) Farm Produce Outlet; and - f) Small Animal Breeding and Boarding Establishment 9. Maximum height regulations do not apply to farm buildings. 10. New residential lots created under Policy 43(11) of the MSTW  Planning District Development Plan By-law No. 4-05 shall be subject to the site regulations listed under column AR: "Other' in the Bulk Regulations Table in Appendix C ## 54.0 Additional Regulations for the AG: Agriculture General Zoning District - A dwelling unit, including a Single-Family Dwelling, Two Family care of the permitted use or conditional use. - The following Agricultural Use Class developments shall be subject to the site regulations listed under column AG: 'Other' in the Bulk Regulations Chart 3 in Appendix C. - Agri-Business; - c) Agricultural Implement Sales and Service; - = Agricultural Crop Protection Warehouse; - d) Agricultural Product Storage; - f) Anhydrous Ammonia Facility; - e) Agriculture Support Industry; - Farm Produce Outlet; and - Small Animal Breeding and Boarding Establishment. - Maximum height regulations do not apply to farm buildings. - 4) No feed pen shall be located in any required yard. - New residential lots created under Policy 4.3(11) of the MSTW Planning District Development Plan By-law No. 4-05 shall be subject to the site regulations listed under column AG: "Other' in the Bulk Regulations Table in Appendix C ## 55.0 Additional Regulations for RMH: Residential Mobile Home District - Mobile Home Parks shall comply with the regulations outlined in Table 5:  TABLE 5 Mobile Home Park Site Requirements | | With Septic Field Sewage Disposal Systems | With Holding Tanks sewage Disposal Systems | With Serviced Water Supply and Sewage Disposal System | |------------------------------------------------------------------------------|---------------------------------------------------------------|-------------------------------------------------------------|-------------------------------------------------------------| | Min. Site Area for Mobile Home Park | 2.42 ha. (6.00 ac.) | 0.81 ha. (2.00 ac.) | 0.81 ha. (2.00 ac.) | | Min. Mobile Home Site Area | 3,716.00 sq. m. (40,000.00 sq. ft.) | 929.00 sq. m. (10,000.00 sq. ft.) | 371.60 sq. m. (4,000.00 sq. ft.) | | Min. Mobile Home Site Width | 45.72 m. (150.00 ft.) | 24.38 m. (80.00 ft.) | 15.24 m. (50.00 ft.) | | Min. Mobile Home Site Depth | 60,96m. (200.00 ft.) | 36.57 m. (120.00 ft.) | 30.38 m. (100.00 ft.) | | Min. Side to Side Clearance Between Mobile Homes | 9.14 m. (30.00 ft.) | 9.14 m. (30.00 ft | 9.14 m. (30.00 ft | | Min. End to End Clearance Between Mobile Homes | 9.14 m. (30.00 ft | 9.14 m. 30.00 ft | 9.14 m. (30.00 fl | | Min. Width of Roadways: Open Ditch - Curb & Gutter - Lane - | 20.12 m (66.00 ft.) 15.24 m. (50.00 ft.) 10.67 m. (35.00 ft.) | 20.12 m (66.00 fL.) 15.24 m. (50.00 ft.) 10.67 m. (35.00 ft | 20.12 m (66.00 ft.) 15.24 m. (50.00 ft.) 10.67 m. (35.00 ft | | Min, Width of Roadway Surface | 7.32 m. (24.00 ft.) | 7.32 m. (24.00 ft | 7.32 m. (24.00 ft | | Min. Distance from Mobile Home to Roadway | 6.10 m. (20.00 ft.) | 6.10 m. (20.00 ft.) | 6.10m. (20.00 ft.) | | Min. Distance from Mobile Home to Public Street or Mobile Home Park Boundary | 9.14 m. (30.00 ft | 9.14 m. (30.00 ft | 9.14 m. (30.00 ft |  ## PART IV ## ZONING DISTRICT MAPS ## APPENDIX A ZONING DISTRICTS TABLE | Zone District | District Name | Description of Zone District | |-----------------|-------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | ER | ional | Environmental/Recreat To accommodate environmental and recreational needs of the RM of Thompson. | | RR | Residential Rural | To accommodate single family dwellings and associated or compatible uses in a rural setting. | | RG | Residential General | To accommodate one and two family residential development and other compatible and related uses in Miami. | | RMH | Residential Mobile Home | To accommodate the development and placement of mobile home dwellings and associated or compatible uses. | | CH | Commercial Highway | To accommodate commercial, industrial and associated or compatible uses along the major roads within the RM of Thompson. | | CA | Commercial Agricultural | To accommodate agricultural related retail and commercial services uses in a rural setting. | | cC | Commercial Central | To accommodate urban related commercial uses within Miami and other urban areas. | | MB | Industrial Business | To accommodate light industrial and related businesses which carry out their operations primarily within an enclosed building and with limited outdoor storage or operational characteristics. | | MG | industrial General | To accommodate a wide range general industrial uses within the RM of Thompson. | | AR | | Agriculture Restricted To accommodate limited agricultural activities in areas that are near villages and other pockets of population or other sensitive areas. | | AG | Agricultural General | ¡To accommodate general agricultural uses or other rural uses that are related to or compatible with agriculture and rural living. | ## APPENDIX B PERMITTED AND CONDITIONAL USE TAB P - Permitted Use | Use Specific | Standards | Sec. 53/54 | Sec. 53/54 Sec. 53/54 | Sec. 53/54 | Sec. 41.0 | | Sec. 40.0 Sec. 40.0 | Sec. 40.0 Sec. 40.0 | Sec. 39.0 | | | | |----------------------------|-------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------|----------------------------|------------------------|-----------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------|----------------------------------------------------------------|------------------------------------------------------------------------------|-----------------------------------------------------------------| | Commercial | CH | | | | | | | | | | | | | | CA | | | | | | | | | | | | | | cc | | | | | | | | | | | | | Environmenta /Recreational | ER | | | | | | | | | | | | | Residential | RMH | | | | | | | | | | | | | | RG | | | | | | | | | 0 u a a. | | | | Industrial | RR | | | | | | | | a a | | u e/a | | | | MG | | | | | | | | | | | | | | MB | | | | | | | | | | aaa | | | Agricultural | AG | | | | | | | | | | | | | | AR | | | | | | auto | | | | LA A | | | C - Conditional Use | Use Classes Page Ref. Agricultural Use Class Abattoir | Agri-Business Agricultural Activities Agricultural Crop Protection Warehouse Agricultural implement Sales and Service | Agricultural Product Storage Agricultural Support Industry | Anhydrous Ammonia Facility | Communal Farm Dwelling | Equestrian Establishment Farm Produce Outlet Farmstead Dwelling | rigation Dugouts and Ponds Livestock Operation 1 - 50 AU (new) Livestock Operation 51 - 180 AU (new) Livestock Operation more than 180 AU (new) | Livestock Operation 101 - 300 AU (existing only) Livestock Operation more than 300 AU (existing only) Residential Related Farm | Specialized Agriculture Vacation Farm Operation | Cemetery Extended Medical Treatment Service Government Service | Protective and Emergency Service Public Utility Service Commercial Use Class | Amusement Establishment Animal Shelter and Veterinarian Service | | Use Specific Standards | Use Specific Standards | Sec. 37.0 | | | | | | |---------------------------------------|---------------------------------------------------|-------------|----|-------------------------------|------------------------------------------------------------------|----------------------------------|---------------------------------| | Commercial | CH | | | | | | | | Commercial | CA | | | | | | | | Commercial | CC | | | | | UAA | | | Environmenta /Recreational | ER | | | | | | | | Residential | RMH | | | | | | | | Residential | RG | | | | | | | | Residential | RR | | | | | | | | Industrial | | | | | | | | | Industrial | MB | | | | | | | | Agricultural | AG | | | | | | u u | | Agricultural | AR | | | | | A. | | | P - Permitted Use C - Conditional Use | Use Classes Auctioneering Establishment Page Ref. | 28 28 | 28 | Convenience Vehicle Rental 29 | Eating and Drinking Establishment Equipment Rental and Sales 8 8 | Greenhouse, Plant & Tree Nursery | Outdoor Amusement Establishment | | Use Specific Standards | Use Specific Standards | Sec. 42.0 | | | | | | | |--------------------------|--------------------------|-------------|-------|----|------------|----|----|--------| | | CH | | | | | | | U00oO | | | Commercial CA | | | | | | | | | | CC | | | | | a | | | | | ER | | | | 24a/2222aA | | | | | | RMH | | | | | | | | | | RG | | | | | | | | | | RR | | | | | | | | | | MG | | | | | | | U A RA | | | MB | | | | | | | | | | AG | | | | | | | | | | AR | | | | | | | | | | Page Ref | | 32 32 | 32 | | | g | 8 ฿ | | Use Specific | Standards | | | Sec 43.0 | | Sec 36.0 | | Sec 35.0 | Sec. 33.0 Sec. 34.0 Sec. 38.0 | |---------------------------------------|--------------------------|--------------------------------------------|-------------------------------------------------------------------|----------------------------------------------------------------|----------------------------------------------------------------|-----------------------------------------------|---------------------------------------------------|--------------------------------------------------------|------------------------------------------------------------------| | | CH | | | | | | | | | | Commercial | CA | | | | | | | | | | Environmenta /Recreational | ER | | | | | | U A | | | | Residential | RMH | | | | | | | | | | | RG | | | | | A U | | Д. | | | Industrial | MB MG | | | | | | | | | | Agricultural | | | D. | | | 1a | | a a | | | | | | | | u u | | | | | | P - Permitted Use C - Conditional Use | Use Classes AR Page Ref. | Light Industrial Portable Asphalt Plant 33 | Natural Resource Development Wildlife and Conservation Reserve 36 | Residential Use Class Cottage Dwelling Institutional Residence | Mobile Home Dwelling Mobile Home Park Multiple Family Dwelling | Single Family Dwelling Townhouse Dwelling - a | Two Family Dwelling Residential Related Use Class | Bed & Breakfast Home Farm Staff Housing Group Home a a | Home Industry Home Occupation Temporary Additional Dwelling A AU | ## APPENDIX C BULK TABLE .. PENDIX C- Bulk Table  | EnvironmentalRec reational | 45 ft. | |------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | CA | 5.00ac 300 ft. 125ft. 25ft. 25ft. 35 ft. 50 ft. 25ft. | | 1.33ac 200 ft. 125 ft. | 25ft. 25ft. 25ft. 35 ft. 1.00 50 ft. 25 ft. 30ft. | | Commercial 50 ft. OH. | 20ft 10ft 15ft.. 35 fl. 20ft. 30 ft. | | IRMH See Table 5 See Table 5 See Table 5 | See Table 5 See Table 5 See Table 5 35ft 10ft. 30 ft. | | 6000 saft 50 H. 25ft. (a) | 20ft. 10 ft. 15ft. 35 F. 800sq.ft. 25ft. 5ft. 30 ft. 10% | | Residential 2ac. 200 t. 125ft. | 50 ft. 25ft 35 ft. 800sq.ft. 125 ft. 50 FL 25ft. - 30 fL | | MG 1.33ac 200 F. 125 ft. | 25 ft. 25 ft. 25 ft. 35 ft. 50 ft. 25 ft. 30 ft. | | Industrial MB .25 ac. 75ft 25 ft. | 15 fl. 45 fL. 1.00 25 ft. 10ft. 15 ft. 45 ft. - | | Other Uses 2 ac. 75ft. | 25ft. 35 ft. 75 ft. 30 ft. (a) For lots that have a site depth of 30.48 m. (100.00 f.) or less, the minimum front yard is 6.10 m. (20.00 f. | | AG Residential Agricuttural 80 ac. 600 ft. 125ft. | 25ft. 25 ft. 35 ft. 125ft. 10ft. 30ft. | | Other Uses 2ac. 200 ft. 125ft. | 25ft. 25ft. 35ft. 75ft. 10ft. 30ft. | | Agricultural AR Residential Agricultural 40 ac. 300 ft. 125 25ft | 25ft. 35ft. 125ft. 5ft. 30ft. | | Permitted and Conditional Üses Site Area (min. ha. ac. (sq.m/s.t.) Site With (min.m./ it.) Front Yard (min. m/ ft Rear Yard (min. m./4.) | Side Yard (min. m./ ft.) Comer Side Yard (min. m/fl.) Building Height (max m./t.) Dwelling Area (min. sg. m./t.) Floor Area Ratio (max) Accessory Uses, Buildings and Structures Front Yard (min. m./ fl.) Rear Yard (min. m./t.) Side Yard (min. m./ f) Comer Side Yard (min. m./ f.) Building Height (max. m./ft.) Building Area (max. %) | ## APPENDIX D ANIMAL UNIT INVENTORY LIST Table 3 Animal Unit (A.U.) Inventory List | Livestock | A.V. Produced by One Livestock | Livestock Producing One A.U. | |-------------------------------------------------------------------------------------------|------------------------------------|-----------------------------------| | Dairy | | | | Milking Cows, including associated livestock | 2.0000 | 0.5000 | | Beef | | | | Beef cows, including associated livestock Backgrounder Summer Pasture/Replacement Heifers | 1.2500 0.5000 0.6250 0.7690 | 0.8000 2.0000 1.6000 1.3000 | | Feedlot Cattle Hogs | | | | Sows, farrow to finish Sows, farrow to weanling Sows, farrow to nursery | 1.2500 0.3130 0.2500 0.0330 | 3.2000 | | Weanlings Growers/Finishers Boars Chickens Broilers | | 30.0000 | | Roasters Layers Pullets Broiler Breeder Pullets | 0.1430 0.2000 0.0050 0.0100 0.0083 | 7.0000 200.0000 100.0000 120.0000 | | Horses | 0.0100 | 300.0000 300.0000 100.0000 | | Heavy Hens | 0.02.00 | 50.0000 | | Turkeys Broilers | | 100.0000 | | Heavy Toms | 0.0100 | 100.0000 | | Broiler Breeder Hens | 0.0033 0.0033 0.0100 | |