R.M. of Wallace-Woodworth Zoning By-Law No. 03/2019

Rural Municipality of Wallace – Woodworth, Manitoba

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THE RM OF WALLACE-WOODWORTH ZONING BY-LAW BEING SCHEDULE 'A' ATTACHED TO BY-LAW NO. 03/2019 OF THE RM OF WALLACE-WOODWORTH TABLE OF CONTENTS PART I - ADMINISTRATION 1.0 Title and Contents ............................................................................................................... 1 2.0 Non-Conforming Buildings, Structures, Lots and Uses ..................................................... 4 3.0 Zoning Maps ....................................................................................................................... 6 3.1 Authority of Maps ....................................................................................................... 6 3.2 Zoning Boundaries ...................................................................................................... 6 3.3 Right-of Way Boundaries ........................................................................................... 7 4.0 Approval Required for Development.................................................................................. 7 5.0 Other Legislation ................................................................................................................ 8 5.1 Compliance ................................................................................................................. 8 5.2 Public Utilities and Services ....................................................................................... 8 6.0 Responsibilities and Duties ................................................................................................. 9 6.1 Responsibilities of Council and the Planning District Board ..................................... 9 6.2 Duties of the Owner .................................................................................................... 9 6.3 Authority and Responsibility of the Designated Officer .......................................... 10 7.0 Development Classes ........................................................................................................ 12 7.1 Class A Development (No Development Permit Required) ..................................... 12 7.2 Class B Developments (Permitted Use) .................................................................... 14 7.3 Class C Developments (Conditional Use) ................................................................ 15 7.4 Sign Permits .............................................................................................................. 15 8.0 Development Permit Applications .................................................................................... 16 8.1 General Application Submission Conditions ............................................................ 16 8.2 Special Information Requirements for Application Submissions ............................. 17 8.3 Conditions Attached to a Development Permit ........................................................ 18 9.0 Enforcement and Penalties ................................................................................................ 19 9.1 Offenses .................................................................................................................... 19 9.2 Penalties .................................................................................................................... 20 9.3 Suspension or Revocation of the Development Permit ............................................ 20 10.0 Rezoning Amendments ..................................................................................................... 20 10.1 Text and Mapping Amendments ............................................................................... 20 10.2 Review and Processing of Amendments................................................................... 21 10.3 Notification of Amendments..................................................................................... 22 11.0 Conditional Uses ............................................................................................................... 22 12.0 Variation Orders................................................................................................................ 24 13.0 Subdivisions ...................................................................................................................... 25 PART II - DEFINITIONS 14.0 Definitions......................................................................................................................... 27 14.1 General Definitions ................................................................................................... 27 14.2 Sign Definitions ........................................................................................................ 45 14.3 Use Class Definitions ................................................................................................ 48 TABLE OF CONTENTS PART III - ZONING DISTRICTS 15.0 Zoning Districts ................................................................................................................ 66 15.1 Intent of Zoning Districts .......................................................................................... 66 15.2 Permitted and Conditional Uses................................................................................ 66 15.3 Bulk Regulations for Zoning Districts ...................................................................... 66 15.4 Additional Regulations for Permitted and Conditional Uses .................................... 66 15.5 Additional Regulations for the RS Zoning District .................................................. 67 15.6 Additional Regulations for the RMH Zoning District .............................................. 67 15.7 Additional Regulations for the CG Zoning District .................................................. 68 15.8 Additional Regulations for the CH Zoning District .................................................. 69 15.9 Additional Regulations for the MB Zoning District ................................................. 70 15.10 Additional Regulations for the MG Zoning District ................................................. 71 15.11 Additional Regulations for the GD Zoning District ................................................. 72 15.12 Additional Regulations for the LCR: Limited Commercial-Residential Zoning District ...................................................................................................................... 72 PART IV - SPECIAL LAND USES 16.0 Special Land Uses ............................................................................................................. 75 16.1 Applicability ............................................................................................................. 75 16.2 Anhydrous Ammonia Facilities ................................................................................ 75 16.3 Bed and Breakfast Homes ......................................................................................... 75 16.4 Car Brokers ............................................................................................................... 76 16.5 Home Industries ........................................................................................................ 77 16.6 Home Occupations .................................................................................................... 79 16.7 Livestock Operations ................................................................................................ 80 16.8 Livestock Operations Producing Fewer Than 300 Animal Units ............................. 81 16.9 Livestock Operations Producing 300 or Greater Animal Units ................................ 82 16.10 Natural Resource Developments............................................................................... 85 16.11 Non-Commercial Farms............................................................................................ 86 16.12 Planned Unit Developments, Residential ................................................................. 87 16.13 Small Animal Breeding and Boarding Establishment .............................................. 87 16.14 Vehicular - Oriented Uses ......................................................................................... 88 16.15 Wayside Pits and Quarries ........................................................................................ 89 16.16 Secondary Suites ....................................................................................................... 90 16.17 Wind Turbine Generator Stations ............................................................................. 91 16.18 Care Homes ............................................................................................................... 93 16.19 Boats, Utility Trailers, Un-licensed Vehicles and Motor Homes ............................. 93 16.20 Hobby Poultry.................................................................................94 16.21 Backyard Bee Keeping.......................................................................94 16.22 Solar Collectors................................................................................94 TABLE OF CONTENTS PART V- DEVELOPMENT REGULATIONS 17.0 General Development Regulations ................................................................................... 97 17.1 Applicability ............................................................................................................. 97 17.2 Access to Sites .......................................................................................................... 97 17.3 Accessory Uses, Buildings and Structures................................................................ 97 17.4 Building Grade .......................................................................................................... 98 17.5 Construction on Road Allowance ............................................................................. 99 17.6 Composting ............................................................................................................... 99 17.7 Connecting to Municipal Services ............................................................................ 99 17.8 Excavation, Stripping and Grading ........................................................................... 99 17.9 Fences ..................................................................................................................... 100 17.10 Flood Prone or Hazard Prone Lands and Lands Adjacent to Waterways ............... 101 17.11 Hazardous Materials Storage .................................................................................. 104 17.12 Height of Features ................................................................................................... 105 17.13 Land Drainage ......................................................................................................... 105 17.14 Landscaping ............................................................................................................ 105 17.15 Lighting of Sites ...................................................................................................... 105 17.16 Moving of Structures .............................................................................................. 106 17.17 Noxious or Offensive Uses ..................................................................................... 106 17.18 Outdoor Solid Fuel Heating System Buildings or Structures ................................. 106 17.19 Private and Semi-Private Swimming Pools and Hot Tubs ..................................... 107 17.20 Ponds .......................................................................................................................108 17.21 Projections into Yards ............................................................................................. 108 17.22 Special Setbacks...................................................................................................... 109 17.23 Metal Shipping Containers......................................................................................111 17.24 Canvas Buildings .................................................................................................... 112 17.25 Lots Adjacent to Stormwater Retention Areas ....................................................... 112 17.26 Building Restrictions Adjacent to Airportrs.............................................113 17.27 Temporary Buildings, Uses and Structures...............................................114 18.0 Parking and Loading ....................................................................................................... 115 18.1 General .................................................................................................................... 115 18.2 Parking and Loading Development Standards ........................................................ 116 18.3 Accessible Parking Spaces ...................................................................................... 118 18.4 Off Street Loading...................................................................................................118 19.0 Signs ................................................................................................................................ 118 19.1 General .................................................................................................................... 118 19.2 Abandoned Signs .................................................................................................... 119 19.3 General Sign Regulations ....................................................................................... 119 19.4 Canopy, Awning, Fascia and Freestanding Signs ................................................... 120 19.5 Portable (Mobile) Signs .......................................................................................... 120 19.6 Temporary Signs ..................................................................................................... 123 19.7 Advertising Signs .................................................................................................... 123 TABLE OF CONTENTS 20.0 Performance Standards ................................................................................................... 124 20.1 Performance Standards for Industrial Use Class Developments ............................ 124 20.2 General Performance Standards for Residential Use Class Developments ............ 126 20.3 General Performance Standards for Commercial Uses .......................................... 126 PART VI - ZONING MAP APPENDICES PART I - ADMINISTRATION PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 1 1.0 Title and Contents 1.1 Title This By-law may be cited as the RM of Wallace-Woodworth Zoning By-law. 1.2 Effective Date 1) This By-law shall be in full force and effect when the RM of Wallace- Woodworth Council ("Council") has given it Third Reading. 1.3 Intent and Purpose The regulations established by this By-law are deemed necessary in order: 1) To ensure general conformance with the objectives and policies of the Trans Canada West Planning District Development Plan. 2) To outline the powers and duties of Council, 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; b) all uses or changes in use of all buildings, structures and land established hereafter; c) all structural alterations or relocations of existing buildings and structures occurring hereafter; and d) all enlargements or additions to existing buildings, structures and uses hereafter. 1.4 Contents of the By-law The contents of this By-law include: 1) Part I - Administration (Sections 1 to 13), outlines the Operative, Administrative and Interpretive Clauses. 2) Part II - Definitions (Section 14) is comprised of the various required definitions for the Zoning By-law. PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 2 3) Part III - Zoning Districts (Section 15), outlines the Zoning Districts, Permitted and Conditional Uses and Bulk Regulations for Zoning Districts. 4) Part IV - Special Land Uses (Section 16) outlines additional regulations for specific land uses. 5) Part V - Development Regulations (Sections 17 to 20), outlines General Development Regulations and Special Land Use Regulations. 6) Part VI - Zoning Maps is comprised of the Zoning District Maps. 1.5 Headings, Titles and Appendices 1) Despite any other provision of this By-law or any other By-law passed by the RM of Wallace-Woodworth to the contrary, headings, titles and appendices within this By-law shall be deemed to form part of the text of this By-law. 1.6 Interpretation 1) Words, phrases and terms defined herein shall be given the defined meaning. 2) Words, phrases and terms neither defined herein nor defined in By-laws of the RM of Wallace-Woodworth shall be given their usual and customary meaning except where, in the opinion of the 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 as follows: a) and indicates that all the connected items, conditions, provisions or events shall apply; b) or indicates that all the connected items, conditions, provisions or events may apply singly or in combination; and PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 3 c) either-or indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. 6) The word includes shall not limit a term to the specified examples, but is intended to extend the meaning to all instances or circumstances of the like kind or character. 7) Drawings and illustrations form part of this By-law and are provided to assist in interpreting and understanding the By-law. Where any conflict or inconsistency arises between a drawing or illustration and the text of the By-law, the text governs. 8) Where any requirement of this By-law results in a fraction of a unit, a fraction of one-half or more is considered a whole unit and a fraction of less than one-half, is disregarded. 9) If a use is not specifically listed in the zones or deemed similar by the Designated Officer as provided for in Section 14.3 of this By-law, the use is not permitted. 1.7 Regulation of Uses 1) With the exception of Section 5.2 of this By-law, no land, building or structure shall be constructed, enlarged, placed, used or occupied except for a use that: a) is listed in the Zoning District clauses as: i) a permitted use development; ii) a conditional use development, subject to approval as such; or iii) is an accessory use, building or structure; or iv) has been granted a use variance as per the Act. 2) Where any land, building or structure is used for more than one purpose, all provisions of the By-law relating to each use shall apply. Where there is a conflict, the more restrictive regulations shall prevail, except as otherwise approved by Council. 3) There shall be a maximum of one dwelling unit per lot or parcel of land, except for the following: a) dwelling units that are required for employees or family members, who in the opinion of Council, will be actively involved in an agricultural operation; PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 4 b) Single Family Dwellings, Two Family Dwellings, Multiple Family Dwellings, Mobile Home Dwellings, Secondary Suites or Secondary Farm Dwellings as provided for in this By-law; and c) Mobile Home Dwellings in a mobile home park that has been approved by Council. 1.8 Units of Measurement 1) This By-law contains imperial and metric measurements. Where there is a discrepancy between two measurements provided, imperial shall prevail. 1.9 Control of Development 1) No development, other than that designated in Section 7.1, shall be undertaken in the RM of Wallace-Woodworth unless an application has been approved and the development permit has been issued. 1.10 Validity 1) Should a court of competent jurisdiction declare any Section or part of a Section of this By-law invalid, the same shall not affect provisions of the By-law as a whole or any part thereof beyond that which is declared invalid. 1.11 Relationship to Former By-laws 1) The adoption of this By-law shall not prevent any pending or future legal action to deal with any existing land use violations. 2.0 Non-Conforming Buildings, Structures, Lots and Uses 1) When on or before the day on which this By-law or any By-law for the amendment of it comes into force, a development permit has been issued, and the enactment of the By-law would render the development in respect of which the permit was issued a non-conforming building, structure, lot, or use, the development permit continues in effect despite the enactment of the By-law. 2) Any lawful building or structure which does not conform to one or more of the applicable yard regulations of the Zoning District in which it is located, either on the effective date of this By-law or amendments thereto, shall be deemed to be a permitted building or structure and shall be used PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 5 as if it conformed to all such regulations, in accordance with Section 2.0 (5) hereof. 3) Any legal existing lot which does not conform to the minimum site area, site width, front yard or access regulations hereof for the Zoning District wherein it is located, shall be deemed to be a permitted lot and shall be used as if it conformed to all such regulations, in accordance with Section 2.0 (5) hereof. 4) Any lawful use of a building, structure or lot, or portion thereof, which does not conform to one or more of the applicable use regulations of the Zoning District in which it is located, either on the effective date of this By-law or amendments thereto, shall be deemed to be a permitted use and shall be used as if it conformed to all such regulations, in accordance with Section 2.0 (5) hereof. 5) A non-conforming use of land or a non-conforming use of a building may be continued, but if that use is discontinued for a period of twelve consecutive months or more, any future use of the land or building shall conform to the provisions of this By-law. 6) A non-conforming use of part of a lot shall not be extended or transferred in whole or in part to any other part of the lot and no additional buildings shall be erected upon the lot while the non-conforming use continues. 7) A non-conforming use of part of a building shall not be extended throughout the building and the building, whether or not it is a non- conforming building shall not be enlarged or added to and no structural alterations shall be made thereto or therein. 8) A non-conforming building may continue to be used, but the building shall not be enlarged, added to, rebuilt or structurally altered except: a) as may be necessary to make it a conforming building; or b) as the Designated Officer considers necessary for the routine maintenance of the building; or c) as may be necessary to allow the building to conform to building standards. 9) Where a building or structure that does not conform to the provisions of this By-law or amendments thereto is destroyed or damaged to an extent that is 50.00 percent or more of the assessed value of the building or structure above its foundation, the building or structure shall not be repaired or rebuilt except in conformity with the provisions of this By-law. 10) The use of land or the use of a building is not affected by change of ownership, tenancy or occupancy of the land or building. PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 6 11) Despite Section 2.0 (1) to Section 2.0 (10), as per the Act a non- conformity may be altered by way of variation order by Council. 12) Any owner may apply to the Designated Officer for a Non-Conforming Certificate in accordance with the provisions of the Act. 3.0 Zoning Maps 3.1 Authority of District Maps 1) The Zoning District Maps are Part VI of this By-law, which divides the municipality into Zoning Districts and specifies regulations applying to particular lands. 3.2 Zoning District Boundaries Should uncertainty or dispute arise relative to the precise location of the boundary of any Zoning District, as depicted on the Zoning District Maps, the location shall be determined by the following: 1) Where a Zoning District boundary is shown as approximately following the centre of streets, lanes or other public thoroughfares, it shall be deemed to follow the centre line thereof. 2) Where a Zoning District boundary is shown as approximately following the boundary of a site, the site boundary shall be deemed to be the boundary of the Zoning District for that portion of the Zoning District boundary which approximates the site boundary. 3) Where a Zoning District boundary is shown approximately following Municipal limits, it shall be deemed to be following Municipal limits. 4) Where a Zoning District boundary is shown as approximately following the centre of pipelines, railway lines, or utility easements, it shall be deemed to follow the centre line of the right-of-way thereof. 5) Where a Zoning District is shown as approximately following a topographic contour line or a top-of-bank line, it shall be deemed to follow the said line. In the event of a change in the said line, it shall be deemed as moving with that line. 6) Where a Zoning District boundary is shown as being parallel to or as an extension of features noted above, it shall be so construed. PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 7 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 3.2(1) to Section 3.2(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. 3.3 Right-of Way Boundaries 1) Despite anything contained in this By-law, no Zoning District shall be deemed to apply to any public roadway and any public roadway may be designed, constructed, widened, altered, redesigned and maintained in such manner as may be determined by Council. 2) Where any public roadway is closed pursuant to the provisions of The Municipal Act, as amended, the land contained therein shall there upon be deemed to carry the same Zoning District as the abutting land. 3) Despite Section 3.3 (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 shall: a) commence, or cause or allow to be commenced, a development without a development permit which has been issued under the provisions of this By-law; or b) 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. PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 8 5.0 Other Legislation 5.1 Compliance 1) A person applying for, or in possession of, a valid development permit is not relieved from full responsibility for ascertaining and complying with or carrying out development in accordance with: a) the regulations of the National Building Code as well as applicable Municipal building regulations and Provincial building code regulations; b) the Trans Canada West Planning District Development Plan, the Virden Regional Airport Masterplan and the Virden & Area Secondary Plan; c) any other appropriate Provincial or Municipal legislation; and d) 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 Municipality and a developer impose overlapping regulations over the use of land, buildings or structures, or contain any restrictions covering any of the same subject matter contained in this By-law, the most restrictive or highest standard shall govern. 4) The Province of Manitoba and the Government of Canada are not bound or restricted by any regulation of this By-law. The said governments are encouraged, however, to permit only those developments that are consistent with the regulations of this By-law. 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. PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 9 6.0 Responsibilities and Duties 6.1 Responsibilities of Council and the Planning District Board 1) Subject to the provisions of the Act, the Municipal Council is responsible for: a) The enactment of this By-law. b) Considering the adoption or rejection of proposed amendments or the repeal of this By-law. c) Approving or rejecting variation order applications. d) Approving or rejecting conditional use order applications and considering revoking the authorized conditional use order for any violation of any conditions imposed by it. 2) Subject to the provisions of the Act, the Planning District Board is responsible for: a) Administering and enforcing those provisions of the Act, where applicable. b) Administering and enforcing the provisions of this By-law, where applicable. c) Hearing objections to a Zoning By-law or amendment thereto according to the Act. d) Establishing a schedule of fees and charges for development and building permits. Until all applicable fees and charges have been paid in full, no action need to be taken on any application. 6.2 Duties of the Owner 1) Neither the granting of a development permit nor the approval of the drawings and specifications or the inspections made by the Designated Officer shall in any way relieve the owner of the responsibility of complying with the regulations of this By-law or of any relevant by-laws of the RM of Wallace-Woodworth. 2) Every owner shall: PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 10 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 6.4.3 of this By-law; 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; c) be responsible for obtaining, where applicable, from the appropriate authorities, permits or licenses relating to the buildings, grades, plumbing, blasting, street, occupancy, on-site waste management, electrical, highways, and all other permits required in connection with the proposed work; and d) comply with all applicable Provincial and Federal government legislation including any permits, certificates and/or licences. 6.3 Authority and Responsibility of the Designated Officer 6.3.1 Establishment and Appointment 1) The Designated Officer shall be any person appointed by Council to occupy the position of Designated Officer. 6.3.2 Designated Officer Duties and Responsibilities The Designated Officer: 1) Shall review each development permit application to ascertain whether it conforms to the adopted Trans Canada West Planning District Development Plan and amendments thereto, all applicable regulations and information regulations of this By-law and amendments thereto, and other Municipal By-laws, the conditions of any caveat, covenant, site plan, development agreement, variance or conditional use order, easement or any other instrument affecting a building or land. 2) May refer a development permit application to any municipal, provincial or federal department or any other agency or body, deemed appropriate to obtain comments on the application. 3) Shall approve, without any conditions, or with such conditions as are required to ensure compliance, an application for development of a Permitted Use provided the development complies with the regulations of this By-law, or shall refuse an application for development of a Permitted Use if the development does not comply with the regulations of this By- PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 11 law unless he/she uses his/her discretion pursuant to Section 6.3.4 of this By-law. 4) May give notice of his/her decision on applications for development as follows: a) where an application has been approved, notice to the applicant shall be given in writing by ordinary mail; or b) where an application has been refused, notice in writing shall be given to the applicant, by ordinary mail, and such notice shall state the reason for refusal. 5) Shall receive, review and process development applications. 6) Shall perform other such duties as described or implied elsewhere in this By-law. 7) An owner or applicant who is unsatisfied with a decision or order of the Designated Officer may request Council to review the decision or order by written notice within 14 days after the person receives the decision or order. 8) After giving the person a reasonable opportunity to be heard, Council may confirm, vary, substitute or cancel the order or decision. 6.3.3 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: a) enter the land, building or structure at any reasonable time for the purpose of administering or enforcing this By-law in accordance with the Act; b) request that anything be produced to assist in inspection, remedy, or enforcement; and c) make copies of anything related to the inspection, remedy, or enforcement. 2) The Designated Officer must display or produce on request identification showing his/her official capacity. 3) 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 PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 12 Section 6.3.3 (1) of this By-law without the consent of the owner or occupant. 6.3.4 Variance to Regulations 1) The Designated Officer may approve, with or without conditions, a minor variation not to exceed fifteen percent (15.00 %) of the regulations of this By-law governing height, distance, area, size or intensity of use regulations. 6.3.5 Public Inspection of Applications 1) The Designated Officer shall ensure that a Register of Applications is maintained and is made available to any interested person during normal office hours. 6.3.6 Maintenance and Inspection of By-law The Designated Officer shall: 1) Make available to the public during normal office hours copies of this By- law and all subsequent amendments thereto. 2) Charge the specified fee for supplying to the public copies of this By-law. 7.0 Development Classes The following classes of development are hereby established. 1) Class A No Development Permit Required 2) Class B Permitted Use 3) Class C Conditional Use 7.1 Class A Development (No Development Permit Required) No development permit is required under this By-law for the developments listed below, provided that such developments shall comply with the Permitted Use and regulations of this By-law. This does not relieve the applicant or owner from obtaining approvals from other government agencies. For a development listed below, the Designated 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: PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 13 1) Regular maintenance and repair of any development provided it does not include structural alterations. 2) Private driveways and patios which are accessory to a development. 3) A fence, wall, or gate not exceeding 1.98 m. (6.50 ft.) in height. 4) An accessory building that: a) is less than 11.15 sq. m. (120.00 sq. ft.) in area; b) does not exceed 4.57 m. (15.00 ft.) or one storey in height; and c) is not considered a hazard by the Designated Officer. 5) An unenclosed deck or a deck enclosed by a rail or parapet wall and a wheelchair ramp, all of which having a floor less than 0.61 m. (2.00 ft.) above grade unless it is anchored to the building. 6) Landscaping where the existing grade and natural surface drainage pattern is not materially altered. 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: a) signs of less than 0.60 sq. m. (6.50 sq. ft.) in area, advertising the sale, lease, or rent of property, premises, or buildings on that site; b) memorial signs or tablets of bronze, brass, stone or other non- combustible materials when built into or attached to the walls of a building or other structure provided such tablets bear only the name of the owner, the name and use of the building, the date of erection of the building or reading matter commemorating a person or event; c) signs of a duly constituted governmental body, including traffic or regulating devices, legal notices, railway crossing, danger or other emergency signs; d) one real estate sign; e) election campaign signs during Federal, Provincial, Municipal and School Board election periods and up to seven (7) days after the election; and f) non-illuminated directional signs, each sign not to exceed 0.51 sq. m. (5.50 sq. ft.) in sign area. PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 14 9) 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. 7.2 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 with information included as follows: 1) The municipal address of land and buildings presently occupying the site, if any. 2) A status of Title that has been issued within thirty (30) days of the application. 3) A legal description of the land on which the proposed development is to occur, by lot, block, subdivision and registered plan numbers. 4) The applicant's name, address and interest in the land. 5) A sketch plan of the site, showing the location of the proposed development relative to the boundaries of the site. 6) Description of the work to be performed with respect to: a) change in current occupancy of land use; or b) description of proposed development or building operations. 7) Identification of the scale of the development with respect to: a) gross floor area of the development in square metres; b) area of the site covered in square metres; c) height of the structure in metres; and d) number of floors or storeys. 8) The estimated value, in dollars, of the proposed work. 9) A site plan, at a minimum scale of 1:500, showing the following: a) a directional true north arrow with the north point located in such a manner that the true north is in the upper position of the drawings; b) setbacks, separation distances and yard dimensions; c) the location of all buildings or structures in relation to property lines; and PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 15 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 b) the location of fences, screening, retaining walls, trees, landscaping, and other physical features both existing and proposed in the site and adjoining boulevard, if any. 12) Floor plans at minimum scale of 1:100, indicating all uses or occupancies, storage and garbage holding areas. 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) A site plan and description of the proposed water supply and wastewater management systems. 7.3 Class C Developments (Conditional Use) In addition to two copies of the information required for Class B (Permitted Use) developments, the applicant shall submit two copies of the following for Class C (Conditional Use) developments: 1) A plan showing the location of adjacent buildings and structures indicating the approximate height and number of storeys. 2) Excluding the Agricultural and Natural Resource Development Use Classes, a description of the exterior finishing materials to be used. 3) A written statement and other supportive material explaining the proposed development. PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 16 7.4 Sign Permits The following information shall be submitted, in duplicate, with an application for a development permit for a sign, and the appropriate application form shall be fully and accurately completed: 1) The municipal address and legal description of the land or building where the sign is to be erected. 2) The applicant's name, address, telephone number and interest in the land. 3) The name of the business or development where the sign 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) One set of working drawings for the proposed sign showing: a) the overall dimensions of the sign, including all sign boxes and cabinets; b) a description or illustration of the copy to be displayed on the sign; c) the method of illumination, if any; d) the materials from which the sign is to be constructed; and e) method used to support the sign and the type of wall construction if the sign is anchored to a building. 7) One sketch plan showing: a) the location of the sign on the building; b) the clearance from grade from the lowest portion of the sign; c) maximum extension of the sign above the building roof or parapet wall; d) the distance of the maximum projection of the sign beyond the building wall; and e) any sidewalks, pedestrian passageways, or public roadways that the proposed sign will extend over. 8.0 Development Permit Applications 8.1 General Application Submission Conditions 1) An application for a development permit shall not be considered to have been received until the applicant has submitted all information required PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 17 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. 2) Despite Section 8.1(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. 3) 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 7.1(4) of this By-law, a development permit for an accessory building cannot be issued unless a development permit for the main building has also been issued. 5) The approval of any application, drawings, or the issuing of a development permit shall not prevent the Designated Officer from thereafter requiring the correction of errors, nor from prohibiting the development being carried out when the same is in violation of this By- law. 6) Where an application for a development permit is determined to contain incorrect information, no development permit shall be issued until the applicant corrects such information. 7) Any development permit issued on the basis of incorrect information contained in the application shall be invalid. 8) Unless otherwise specified in this By-law, all drawings submitted shall be drawn on substantial standard drafting material to a scale of not less than 1:100 or such other scale as the Designated Officer may approve, and shall be fully dimensioned, accurately figured, explicit and complete. 8.2 Special Information Requirements for Application Submissions 1) When an application for a development permit for a building with any habitable space is submitted to the Designated Officer for the development of a site abutting a water course or Municipal drain, the Designated Officer may require, in consultation with a Certified Professional Engineer of Manitoba, information regarding the existing and proposed grades at 0.46 m. (1.50 ft.) contour intervals. The final grades shall be to the satisfaction of the Designated Officer and in accordance with any applicable Municipal Lot Grade By-laws. PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 18 2) Despite anything contained herein, the Designated Officer may require a detailed engineering study of the soil conditions prepared by a Certified Professional Engineer of Manitoba prior to the issuance of a development permit or the construction of any development abutting a water course or Municipal drain. The engineering study shall contain evidence of: a) test borings; b) ground water piezometer test; c) slope indicators where necessary; d) identification of any sub-surface mining operations; e) river erosion analysis; and f) surface erosion analysis. The detailed engineering study shall conclude with the registered Professional Engineer certifying that the foundations proposed for the 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 8.2 (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. 4) The Designated Officer, having required a detailed engineering study of the soil conditions may, acting on the advice of the Certified Professional Engineer of Manitoba, apply conditions to the approval of the development permit to prevent erosion, stabilize soil conditions and ensure proper land drainage. 8.3 Conditions Attached to a Development Permit 1) The RM of Wallace-Woodworth may impose, with respect to a permitted use, such conditions as are required to ensure compliance with this By- law. 2) The RM of Wallace-Woodworth may, with respect to a conditional use, impose such conditions as deemed appropriate, having regard to the regulations of this By-law, other municipal, provincial and federal government regulations, and matters raised at the conditional use hearing. 3) The RM of Wallace-Woodworth may, as a condition of issuing a development permit, require the applicant to make satisfactory arrangements for the supply of electric power, vehicular and pedestrian PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 19 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 or building permit, require the Owner or Applicant to agree to do all or any of the following: a) to construct, or pay for the construction of, a public roadway required to give access to the development; b) to specify the location and number of vehicular and pedestrian access points to sites from public roadways, including the construction, or payment for the construction thereof or improvements thereto; c) to install, or pay for the installation of, utilities and land drainage, water and sanitary sewer lines that are required to serve the development and other benefitting areas as determined solely by the Municipality, or pay the recovery costs of services which have already been installed; and d) to repair or reinstate, or to pay for the repair or reinstall, to original condition as determined by the Designated Officer, any street furniture, curbing, sidewalk, boulevard landscaping, tree planting or other similar features which may have been damaged or destroyed or otherwise harmed by the development or building operations upon the site. 5) The RM of Wallace-Woodworth may require any agreement entered into pursuant to Section 8.3 (4) of this By-law to be caveated against the title to the site at the Land Titles Office. 9.0 Enforcement and Penalties 9.1 Offenses 1) Any owner, leassee, tenant or occupant of land, or a building or a structure thereon, who, with respect to such land, building or structure: a) contravenes; or b) causes, suffers or permits a contravention of, any provision of the Act, a development permit, a development agreement or this By- law; commits an offense. 2) Any contractor, worker, or other person who constructs a building or structure, or makes an addition or alteration thereto: PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 20 a) for which a development permit is required but has not been issued or is not subsisting under this By-law; or b) in contravention of a condition of a development permit issued under this By-law; commits an offense. 9.2 Penalties 1) Fines and penalties will be imposed as per the Act. 9.3 Suspension or Revocation of the Development Permit 1) 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. 2) Any person who undertakes, or causes or permits, any development on a site without a permit, or after a permit has been suspended or revoked, shall discontinue such development forthwith upon notice in writing issued by the Designated Officer so requiring, and shall not resume such development unless a permit has been issued or the permit reinstated. 10.0 Rezoning Amendments 10.1 Text and Mapping Amendments 1) Any person applying to amend any Part 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 application to Council. 2) If a person applies to Council in any manner for an amendment to any Part of this Zoning By-law, Council shall 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. PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 21 3) Any person applying to amend Part III of this By-law to change the Zoning District governing any land shall apply in writing to the Designated Officer and submit the following to the Designated Officer: a) a status of Title which has been issued no later than 30 days prior to the receipt of the amendment application by the Designated Officer; b) a signed letter indicating the following: the applicant's name, signature, address; the reasons for applying; rationale in support of the application, and; a statement stating that he/she is willing to pay for all costs incurred by the Municipality in processing the proposed amendment, whether it be enacted or not, including, but not limited to, all mapping, printing, reproduction, planning, engineering, legal, surveys and advertising costs; and c) the appropriate application fees. 10.2 Review and Processing of Amendments 1) Upon receipt of an application for a rezoning amendment, the Designated Officer shall forward the application to the RM of Wallace-Woodworth 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 shall, among other things, consider the following impact criteria: a) relationship to and compliance with Council policies; b) compatibility with surrounding development in terms of land use function and scale of development; c) traffic impacts; d) relationship to, or impacts on utility services and public facilities such as recreational facilities and schools; e) relationship to Municipal land, right-of-way or easement regulations; f) effect on stability, retention and rehabilitation of desirable existing uses, buildings, or both in the area; g) necessity and appropriateness of the proposed Zoning District in view of the stated intentions of the applicant; h) relationship to the documented concerns and opinions of area residents regarding the application; PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 22 i) groundwater and soil conditions; and/or j) topographical, physical and natural features. 3) 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 the RM of Wallace-Woodworth any proposed amendment to this By-law, and the proposed amendment shall be accompanied by the report and recommendation of the Designated Officer. 5) The RM of Wallace-Woodworth in its discretion, may initiate any amendment to this By-law, and prior to the approval of any amendment, the RM of Wallace-Woodworth may refer the proposal to the Designated Officer for his/her report and recommendation. 6) Every rezoning application shall be accompanied by the required fee as set out by the RM of Wallace-Woodworth. 7) When a Development Agreement is to be entered into between the RM of Wallace-Woodworth and the applicant, the applicant may pay to the RM of Wallace-Woodworth, in addition to any other fee required pursuant to this or any other By-law, a Development Agreement fee. 10.3 Notification of Amendments 1) Prior to consideration by the RM of Wallace-Woodworth a proposed rezoning amendment, the Designated Officer shall place a public notice in compliance with the Act. 11.0 Conditional Uses 1) Where a use is classified as a conditional use and exists as an allowable use at the date of the adoption of this By-law or amendments thereto, it shall be considered as a legally existing conditional use. 2) Any change in a conditional use shall be subject to the provisions of this Section and the appropriate provisions of the Act. 3) An owner or his/her agent may file an application to use land for a use listed as a conditional use in this By-law. 4) An application for approval of a conditional use shall be filed with the Designated Officer and shall be in such form and accompanied by such information and fees as determined by Council. PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 23 5) The RM of Wallace-Woodworth may request the Designated Officer to prepare a written report that identifies potential impacts. The analysis shall, among other things, consider the following impact criteria: a) relationship to and compliance with the Trans Canada West Planning District Development Plan and Council policy; b) compatibility with surrounding development in terms of land use function and scale of development; c) traffic impacts; d) relationship to, or impacts on utility services and public facilities such as recreational facilities and schools; e) relationship to Municipal land, right-of-way or easement regulations; f) effect on stability, retention and rehabilitation of desirable existing uses, buildings, or both in the area; g) relationship to the documented concerns and opinions of area residents regarding the application; h) groundwater and soil conditions; and/or 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 consider imposing conditions to ensure that the proposed development will not significantly impact the Municipality. This could include: a) additional buffering measures such as increased yard setbacks, berms and fencing; b) performance standards dealing with such potential impacts as noise, odour and vibration; c) limiting the hours of operation; d) imposing design and siting regulations including landscaping, outdoor lighting, refuse and storage areas, and building design and architectural appearance; e) the owner/applicant upgrading certain municipal services such as roads and ditches; f) a letter of credit related to municipal improvements such as road or drainage works; g) liability insurance protecting the municipality from any future legal claims, including environmental contamination to water sources; and/or h) the owner/applicant entering into a development agreement with the Municipality. PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 24 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 it is renewed at the discretion of Council for one additional period not exceeding twelve months. 9) With the exception of livestock operations, a conditional use approval expires if the use begins operations within two (2) years of the date of approval but later ceases operations for two (2) consecutive years unless otherwise specified in the terms of approval due to special conditions. 10) Unless otherwise provided in a Conditional Use Order, all approved conditional uses: a) shall be operated in accordance with all plans and documents submitted as part of the application; and b) shall comply with all other applicable provisions of this By-law. 12.0 Variation Orders 1) Any person who is of the opinion that this By-law injuriously or adversely affects him/her or his/her property rights, may at any time apply for a variation order, in accordance with the provisions of the Act. 2) An application for a variation order shall be filed with the 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 Act. Council may request the Designated Officer to prepare a written report that assesses the merits and implications of the proposed application. 4) An application for a variation order shall be processed and approved or rejected in accordance with the provisions of the Act. As a condition of approval, Council may require that the owner/applicant enter into a development agreement with the RM of Wallace-Woodworth. 5) The approval of Council shall expire and cease to have any effect if it is not acted upon within twelve months of the date of the decision, unless it is renewed at the discretion of Council for one additional period not exceeding twelve months. PART I ADMINISTRATIVE CONTENT RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 25 13.0 Subdivisions 1) Subject to Section 13.0 (2) and 13.0 (3) of this By-law, no parcel of land shall hereafter be divided into sites, unless each site conforms to the regulations of the Zoning District in which the site is located. 2) The RM of Wallace-Woodworth 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 Trans Canada West Planning District Development Plan. 3) An existing undersized lot may be increased in area or frontage, or both, and still remain an existing undersized lot if after the increase the lot still remains undersized. 4) In addition to the requirements contained herein, all subdivisions shall conform to the provisions of the Trans Canada West Planning District Development Plan, and the provisions of the Act, where applicable. RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 26 PART II - DEFINITIONS PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 27 14.0 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. 14.1 General Definitions 1) Abut or abutting means immediately continuous to or physically touching, and when used with respect to a site, means that the site physically touches upon another site or piece of land, and shares a lot line or boundary line with it. 2) Accessibility means the ability of persons with disabilities to enter and use facilities without having to avoid significant obstacles that are not inherent in the design of the facility. 3) Accessory means, when used to describe a use, building or structure, said use, building or structure is naturally or normally incidental, subordinate, and exclusively devoted to the principal use or building, and located on the same lot or site. 4) Act, the means The Planning Act, being Chapter 30 of the Continuing Consolidation of the Statutes of Manitoba, and amendments thereto. 5) Aggregate means quarry mineral that is used solely for construction purpose as a constituent other than in the manufacture of cement and includes sand, gravel, clay, crushed stone and crushed rock. 6) Aggregate Quarry means a quarry from which aggregate is extracted. 7) 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. 8) Animal Confinement Facility means a barn or an outdoor area where livestock are confined by fences or other structures and includes a seasonal feeding area but does not include a feedlot or a grazing area. 9) Animal Unit (A.U.) means the number of animals of a particular category of livestock that will excrete 73.00 kg. (160.93 lb.) of nitrogen in a twelve- month period. 10) Applicant means a registered owner or an owner's authorized agent, who has filed an application subject to the provisions of this By-law. PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 28 11) Aquifer means a water-bearing geological formation that is capable of producing water to wells or springs in quantities that are economically useful. 12) 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. 13) Automated Teller Machine means a device that dispenses cash and conducts limited banking transactions for customers using a credit card, bank card, or other similar personal banking card. 14) 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.). 15) Bedrooms means a habitable room located within a dwelling unit that is used primarily for sleeping. 16) Bedroom Suites means a bedroom located within a dwelling unit that contains washroom facilities for the exclusive use of the occupants thereof. 17) Blank Walls means exterior walls containing no windows, doors or other similar openings. 18) Buffer Strip means a strip of landscaping or vegetation used to provide a screen between sites in order to mitigate objectionable features between them. 19) Building means any structure used or built for the shelter, accommodation or enclosure of persons, animals, material or equipment. 20) Building Inspector means the officer or employee of the Municipality or Planning District charged with the duty of enforcing the Municipal Building By-law and any applicable Provincial and National Building Codes or regulations. 21) Building Line means a line representing the location of the wall of a building on a lot situated closet to any street line. 22) Building Permit means a permit issued by the Municipality authorizing the construction or alteration of all or part of any building or structure in accordance with the applicable codes and standards. PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 29 23) Bulk Fuel Storage Tank means a tank used for the bulk storage of petroleum products or other flammable liquids legally stored within a structure or establishment that is incidental to the primary use of the site. 24) 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. 25) Campground means a parcel of land used or maintained as an overnight tenting or camping area, where people are temporarily accommodated in tents, trailers, travel trailers, motor homes or similar facilities, whether or not a fee or charge is paid for the rental thereof, but does not included a mobile home or a mobile home park. 26) Composting means a designed and managed system to facilitate the process of aerobic decomposition of organic matter by biological action. 27) Commercial Rental Unit means a single commercial space available on the market as a self-sufficient, independent unit, equipped, zoned and intended to be used for commercial purposes. 28) Common Element means all property within a condominium except the condominium units. 29) Conditional Use Order means those uses of land, buildings or structures which may be permitted in a particular Zoning District but only at the discretion of the Municipal Council in accordance with the Act. 30) Condominium means individual ownership of a unit in a multiple unit structure where expenses common to all parties are shared. 31) Condominium Bare Land Unit means a unit of land defined by delineation of its horizontal boundaries without reference to any buildings on a condominium plan. 32) Condominium Unit means a part of the land or building that is designated as a unit by the condominium plan and is comprised of the space enclosed by its boundaries and all material parts of the land within this space at the time the condominium declaration and plan are registered. 33) Construction or Constructed means the physical location, erection, increase or decrease in size of any building or structure or ground including any excavation, building, drilling, digging, alteration, addition, extension, location, relocation, demolition, replacement and/or development. 34) Conversion means a change in use of land or a building or an act done in relation to land or a building that results, or is likely to result, in a change in the use of such land or building without involving major structural alterations. PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 30 35) Cultivated Land means land that is prepared and used for the growing of crops. 36) 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. 37) Council means the RM of Wallace-Woodworth Council as established under the Act. 38) Designated Officer means the Designated Officer as appointed by Council in accordance with the Act. 39) Development Permit means a permit issued by the RM of Wallace- Woodworth authorizing development and may include a building permit. 40) Development Plan means the Trans Canada West Planning District Development Plan adopted by By-law and as amended. 41) Dugout means an earthen excavation designed to collect and store runoff. 42) 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. 43) 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. 44) Earthen Storage Facility means a structure built primarily from soil, constructed by excavating or forming dikes, and used to retain livestock manure. 45) 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. 46) 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. 47) Farm Building/Structure means a building or structure which does not contain a residential occupancy and which is (a) associated with and located on land devoted to the practice of farming and (b) used essentially for the housing of equipment or livestock, or the production, storage or processing of agricultural and horticultural produce or feeds, such as barns, produce storage buildings, milking centres, piggeries, poultry houses, grain bins, silos, machinery sheds, farm workshops, feed PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 31 preparation centres, manure storages, greenhouses and garages not attached to a farm residence and (c) has a Low Human Occupancy (as applying to farm buildings) means an occupancy having an occupant load of not more than 1 person per 40 square meters during normal use. 48) Family means one person or two or more persons voluntary associated, plus any dependents living together as an independent, self-governing single-housekeeping unit. 49) Field Storage means solid livestock manure that is stored in the open air other than in a manure storage facility. 50) Flood means a temporary rise in stream flows or water levels due to any source or cause that results in inundation of the areas adjacent to the watercourse or water body. 51) Floodplain means the area adjoining a river or stream which has been or may be covered by flood water. 52) 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. 53) Flood Protection Level means an elevation which is 0.67 m. (2.00 ft.) above the 1 in 200 year flood level or flood of record, whichever is greater. 54) Flood Risk Area means that land adjacent to a watercourse that is divided into two parts: the floodway and the floodway fringe. The floodway includes the area where the majority of floodwaters pass. The floodway fringe includes the area outside the floodway that may be subjected to periodic flooding or inundation of floodwaters. 55) Floor Area Ratio means the numerical value of the gross floor area of the building or structure located upon the building site, excluding: a) basement areas used exclusively for storage or service to the building; b) parking areas below grade, and c) floor areas devoted exclusively to mechanical or electrical equipment servicing the development, divided by the area of the site. PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 32 56) Frontage means all that portion of a site fronting on a street and measured between side lot lines. PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 33 57) Fuel Tank Storage means a tank for the bulk storage of petroleum products or other inflammable liquids which are being legally kept in a retail store or storage tank which is incidental to the primary use of the premises. 58) 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. 59) Grade, Building Lot means the lot grade elevation of the finished ground surface immediately adjacent to the foundation of a building. M.D.S.Development Ltd. R.G.Gotini Lane M.D.S. Ltd. W.G.Martinski Lane J.Doe City Property PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 34 60) Grain Storage Structure means any structure which is designed to store any type of grain. 61) Groundwater means water below the surface of the ground. 62) Habitable Room means any room in a dwelling other than a non- habitable room. 63) Height means, when used with reference to a building or structure, the vertical distance between the horizontal plane through grade and a horizontal plane through: a) the highest point of the roof in the case of a building with a flat roof or a roof having a slope of less than 20.00 degrees; and b) the average level between eaves and ridges in the case of a pitched, gambrel, mansard or hipped roof, or a roof having a slope of more than 20.00 degrees, provided that in such cases the ridge line of the roof shall not extend more than 1.52 m. (5.00 ft.) above the maximum permitted building height of the Zoning District. PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 35 64) Household means one person or two or more persons voluntarily associated, plus any dependents, living together as an independent, self- governing single housekeeping unit. 65) Institution means a building or part of a building used for a non- commercial purpose by an organized body or society for promoting a particular object or cause but does not include Private Clubs. 66) Landscaping means any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, paving, screening or other architectural elements, all of which are designed to enhance the visual amenity of a site or to provide a screen between sites in order to mitigate objectionable features between them. 67) Livestock means animals or poultry not kept exclusively as pets, excluding bees. 68) Loading Space means an off-street space or berth on the same site with a building, or contiguous with a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandize or materials, and which abuts upon a street, lane or other appropriate means of access. 69) Lot, Corner means a lot located at the intersection of two public roadways, the interior angle of such intersection not exceeding 135.00 degrees. 70) Lot, Double Fronting means a lot which abuts two public roadways, which are parallel or nearly parallel in the vicinity of the lot. Flat Roof Hip Gable Gambrel Roof Mansard Roof PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 36 71) Lot, Flag means a lot so shaped and designed that the main building site is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street. 72) Lot, Interior means any lot other than a corner lot or through lot. 73) 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. 74) 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. 75) 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. 76) 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. 77) Lot Line, Side means the property line of a lot other than a front lot line or rear lot line. PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 37 78) 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 Canadian Standards Association (CSA) building regulations, being placed on a permanent foundation, having its chassis or frame permanently removed, and arriving at the lot ready for occupancy apart from incidental operations and connections. 79) Manure Storage Facility means a structure, earthen storage facility, molehill, tank or other facility for storing manure or where it is stored, and includes any permanent equipment or structures in or by which manure is moved to or from the storage facility, but does not include: a) a field storage site; b) a vehicle or other mobile equipment used to transport or dispose of manure; c) a gutter or concrete storage pit used to store liquid or semi-solid manure for less than thirty days; d) a collection basin; or e) a composting site for manure or mortalities. Street PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 38 80) 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 Planning District Board. 81) Mobile Home Site means a site in a mobile home subdivision that may be purchased for the placement of a mobile home. 82) Mobile Home Subdivision means a parcel of land subdivided into mobile home sites that may be sold for the placement of mobile homes. 83) Model (Show) Home means a dwelling which is not occupied for human habitation but is used for the purpose of display to the public and where a portion of this dwelling may be used as a sales office for the dwelling units to be constructed on lots within a plan of subdivision. 84) Modular Home Dwelling means a building assembly or system of building sub-assemblies manufactured in its entirety, or in substantial part, off-site and transported to the point of use for installation on-site, with or without other specified components, as a finished building or as part of a finished building in accordance with CSA building regulations. Modular homes need not have electrical, plumbing, heating, ventilation, insulation or other service systems, but when such systems are installed at the off- site manufacture or assembly point, they shall be deemed a part of such building or system of building assemblies. Modular homes do not include open frame construction which can be completely inspected on-site. 85) Molehill means a manure storage facility for manure in which manure is mechanically forced through a pipe and becomes mounded. 86) 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. 87) Municipal Engineer means the Municipal Engineer as appointed by the RM of Wallace-Woodworth. 88) Municipality means the Municipal Corporation of the RM of Wallace- Woodworth. 89) 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. 90) Nuisance means anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses. 91) Offensive or objectionable means, when used with reference to signage, lighting or a development, a use which by its nature, or from the manner PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 39 of carrying on the same, creates or is liable to create by reason of noise; vibration; smoke; dust or other particulate matter; odour; toxic or non- toxic matter; radiation hazards; fire or explosive hazards; heat; glare; unsightly storage of goods, materials, salvage, junk, waste or other materials, a condition which in the opinion of the respective member municipal Council may be or become hazardous or injurious with regards to health or safety, or which adversely affects the amenities of the neighbourhood, or interferes with or may interfere with the normal peaceful enjoyment of any land, building or structure. 92) 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. 93) Oriel Windows means a type of bay or bow window that projects out from an upper storey of a dwelling unit. 94) 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. 95) Owner means a person who is owner of a freehold estate in the Municipality and includes a person who is an owner jointly with another person, and a person who is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act. 96) Parcel of Land means the aggregate of all land described in any manner in the certificate of title. 97) 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. 98) 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. 99) Performance Standard means a standard to control noise, odour, smoke, toxic or noxious matter, vibration, fire and explosive hazards or glare or heat generated by, or inherent in, uses of land or buildings. 100) Pollution means the presence of foreign substances that adversely affect the natural constituents of the air, water or soil. 101) Principal (Main) Building means any building on a site that contains permitted principal uses, as opposed to: PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 40 a) buildings that contain only accessory or incidental uses; and, b) buildings that contain only storage or operational functions in support of principal uses located in other buildings. 102) Private Pool means an artificially constructed basin, lined with concrete, fibreglass, vinyl or like material, that is capable of containing a water depth greater 60.00 cm. (24.00 in.) and that is located on the property of a single family dwelling. 103) Ready-To-Move Dwelling means a method of constructing a dwelling unit whereby all of its component parts have been assembled in an off-site manufacturing facility and transported to a site where it is anchored to a permanent foundation. 104) Repair means the renewal or reconstruction of any part of an existing structure for the purpose of its maintenance or restoration. 105) Secondary Plan means a plan adopted by by-law in accordance with the Act to guide development or redevelopment in a defined area within the municipality or planning district. 106) 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. 107) Separation Space means open space around dwellings separating them from adjacent buildings or activities, and providing daylight, ventilation, and privacy. 108) Setback means the distance that a development or a specified portion of it must be set back from a lot line. 109) Site means an area of land consisting of one or more abutting lots. 110) Site Coverage means the combined area of all buildings or structures on the site as a percentage of the site area, measured at the level of the lowest storey above the grade, including all enclosed and insulated decks, sunrooms, porches and verandas, but excluding seasonal non-insulated structures, open or covered, such as decks, screened porches or verandas, patios at grade, steps, uncovered walks, wheelchair ramps, cornices, eaves and similar projections. 111) Site Depth means the average horizontal distance between the front and rear lot lines of the site. PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 41 112) Site Plan means a map or series of maps drawn to scale showing some or all of the following information: proposed and existing buildings, structures, alterations and additions, roads, walkways, landscaping, parking areas, stacking spaces, loading spaces, vegetation, buffer strips, elevations, areas to be raised by fill, grade level, physical features of the site and other relevant information as may be required by the Designated Officer or the respective member municipal Council for any proposed development. 113) Site Width means the horizontal distance between the side lot lines of a site, measured at right angles to the site depth at a point midway between the front and rear lot lines, or at 15.24 m. (50.00 ft.) from the front lot line, and the lesser of these distances is the site width. BAY STREET PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 42 114) 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. 115) 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. 116) Solar Collector means an accessory structure intended to primarily serve the electrical needs of the on-site user rather than to produce power for resale." 117) Solid Manure means manure that contains more than 25.00 percent solid matter and does not flow when piled. 118) Special Event (carnival, circus, fair, concert or similar event) means a transportable group or aggregation or combination of rides, shows, performances, games, or concessions. 119) 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. STREET LANE PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 43 120) Storey means that portion of a building which is situated between the top of any floor and the top of the floor next above it. If there is no floor above, the storey is the portion of the building which is situated between the top of any floor and the ceiling above it. If the top of the floor directly above a basement is more than 1.83 m. (6.00 ft.) above grade, such basement shall be considered a storey for the purpose of this By-law. 121) 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. 122) 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. 123) 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. 124) 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. 125) Temporary Buildings and Uses means an incidental use, building or structure for which a development permit has been issued for a limited time only. 126) 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. 127) Trailer means a vehicle designed for carrying chattels, and for being towed by a motor vehicle. 128) 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. 129) Truck means a motor vehicle that is constructed or adapted to carry goods, wares, merchandise, freight or commodities, but not passengers. 130) 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. 131) Variation Order means the altering of any of the regulations found in this By-law in accordance with the Act. PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 44 132) Watercourse means the channel in or bed on which surface water flows or stands, whether continuously or intermittently, but does not include a dugout, reservoir, intermittent slough, drainage ditch or intermittent stream that is completely surrounded by private land controlled by the owner or operator of an agricultural operation and that has no outflow going beyond the private land. 133) Yard means required open space that is unoccupied by any building or structure and unobstructed from its lowest level to the sky, unless otherwise permitted in this By-law. 134) 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. 135) Yard, Rear means a yard extending along the full length of the rear lot line from the front yard to the rear yard. 136) Yard, Side means a yard extending along the side lot line from the front yard to the rear yard. 137) Zoning District means a Section contained in Part III of this By-law which regulates the use and development of land as depicted on the Zoning District Map comprising Part VI of this By-law. c b a Side Yard Rear Yard c b a Street c PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 45 14.2 Sign Definitions Terms and works used in this By-law regarding the regulations of signs, unless the context otherwise requires, are defined as follows: 1) Abandoned Sign means any sign which no longer correctly identifies a business or the products and services offered on the site where the sign is located, or any sign which is not in a readable state. 2) Animated Sign means any sign or portion of a sign having moving parts or electronically controlled colour changes which depict action or give motion to the sign. 3) Awning Sign means a non-illuminated sign painted or stencilled on the fabric surface of a shelter supported entirely from the exterior wall of a building and designed to be collapsible, retractable or capable of being folded against the wall or supporting building. 4) Business Identification Sign means a sign identifying the name, dealer, franchise, association, primary function, product or service of the commercial activity conducted on the premises, and may include local advertising and changeable copy. 5) Canopy Sign means a sign attached to, or forming part of, a permanent building projecting or fixed structural framework which extends outward from Sandwich or Folding Sign BILLBOARD PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 46 the exterior wall of a building and which may be roofed over or covered to provide protection over the entrance to a building. 6) Copy means the letters, graphics or characters which make up the message on sign face. 7) Copy Area means the total area within one or more rectangles which enclose the entire limits of the copy. 8) Directional Sign means on-premise or off-site signs providing direction to pedestrian or vehicular traffic without advertising copy, except a business logogram. 9) Electric Sign means any sign containing electrical wiring or lights built into the sign face which are intended for connection to an electrical energy source. 10) Fascia Sign means any sign painted on or attached to an exterior building wall so that the sign does not extend more than 40.00 cm. (15.75 in.) out from the wall or beyond the horizontal limits of the wall. 11) Free Standing Sign means any sign supported independently of a building and permanently fixed to the ground. 12) General Advertising Sign means a sign which directs attention to a business, activity, product, service or entertainment which cannot be considered as the principal products sold nor a principal business, activity, entertainment, or service provided on the premises where the sign is displayed, and general advertising has a similar meaning. 13) Height (sign) means the vertical distance measured from the finished ground surface directly under the sign to the highest point of the sign. 14) Identification Sign means a sign which contains only the name and address of a building, institution or person and the activity carried on in the building or institution, but does not include any other advertising copy. 15) Illuminated Sign means any sign having only steady illumination of the same intensity by artificial means, either from lighting directed on the sign face or from a light source located within the sign which is transmitted through a transparent or translucent sign face. 16) Mural Sign means a non-illuminated sign painted on the exterior wall of a building which enhances the visual appearance of the building and does not include business identification or general advertising. PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 47 17) Official Sign means a sign required by, or erected pursuant to, the provisions of Federal, Provincial or Municipal legislation. 18) Portable (or Mobile) Sign means a sign greater than 0.50sm (5.38sf) in area that is mounted on a stand or other support structure other than a stationary trailer and is designed in such a manner than the sign can readily be relocated to provide advertising at another location or readily taken on and off a site, and may include copy that can be changed manually through the use of attachable characters, message panels or other means. 19) Projecting Sign means any sign, except a canopy sign, which is supported by an exterior building wall and projects outward from the building wall by more than 40.00 cm. (15.75 in.). 20) Reader Board Sign means a sign or a component of a sign on which the copy can be changed by either manual or electronic means. 21) Real Estate Sign means a sign displaying real estate copy for the purpose of buying or selling real estate. 22) Roof Sign means any sign erected upon, against, or above a roof, or on top of or above, the parapet of a building. 23) 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, ROOF SIGN Facial Wall SIGN PROJECT S I G N ING - PROJECTING - PROJECT ING - PROJECTING - FREE SIGN STAN DING PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 48 institution or business. Without limiting the generality of the foregoing, signs shall include banners, placards, and painted messages. 24) Sign Alteration means any modification of a sign or supporting structure, excluding the routine maintenance or repainting of a sign or changing the copy on signs specifically designed for this purpose. 25) Sign Area means the entire area of the sign on which copy is intended to be placed. In the case of double-faced or multi-faced sign, only half of the area of each face of the sign used to display advertising copy shall be used in calculating the total sign area. 26) Sign Structure means any structure which supports a sign, including materials used to conceal or improve the visual appearance of the structural parts. 27) Temporary Sign means a sign which is not permanently anchored to a footing extending below grade or permanently affixed to, or painted on, a building and on which the copy has been painted or affixed in a permanent manner. The copy on the sign shall relate to an activity, use or event of limited time duration not exceeding six months. Temporary signs include such signs as political campaign signs, real estate signs, construction identification signs, signs identifying seasonal businesses, signs advertising specific community events, and signs providing temporary identification for developments awaiting installation of a permanent sign. For the purpose of this By-law, temporary signs shall include sandwich and folding signs but not portable signs. 28) Warning Sign means an on-premise sign providing a warning to the public, including such signs as No Trespassing or Private Driveway signs. 14.3 Use Class Definitions A Use Class groups a series of individual land Uses with common functional or physical impact characteristics. The Use Classes of this Section are used to define the range of uses which are permitted or conditional within the various Zoning Districts of this By-law. The typical uses which may be listed in the definitions are not intended to be exclusive or restrictive. Reference should be made to the definition of the Use Class in determining whether or not a use is included within a particular Use Class. Where a specific use does not conform to the wording of any Use definition or generally conforms to the wording of two or more use definitions in different Use Classes, 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 PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 49 and purpose. In such a case, this use shall be considered a conditional use, whether or not the Use is listed as either a permitted use or conditional use within the applicable Zoning District. 14.3.1 Agricultural Use Class 1) Abattoir means a building, structure, or part thereof, used for the slaughtering of animals and related activities. 2) Agri-Business means a commercial establishment that provides goods or services to the agricultural sector. Typical uses include farm equipment and machinery repair shops, bulk fuel stations, feed and fertilizer supply operations, livestock auction marts and commercial seed cleaning plants. 3) Agricultural Activities means a use of land for agricultural purposes. Typical uses include farming, pasturage, agriculture, apiculture, aquaculture, floriculture and horticulture. This Use does not include Livestock Operations or Natural Resource Developments. 4) Agricultural Crop Protection Warehouse means a facility used to store, blend and/or distribute chemicals used for crop protection and production. Products can include herbicides, insecticides, fungicides, rodenticide, and fertilizers. This Use does not include Anhydrous Ammonia Facilities. 5) Agricultural Implement Sales and Service means a building and open space area used for display, sale and rental of new or used farm implements that includes repair work. 6) Agricultural Product Storage means the temporary storage of any agricultural product for future use, delivery or processing as per The Environment Act. 7) Agriculture Support Industry means an industry, commercial service or retail business in which the major product or service being bought, sold or processed is intended mainly for, from or by farmers. Typical uses include aerial spraying companies, grain storage including grain elevators, feed mills and seed plants. This Use does not include Bulk Storage Facilities or Anhydrous Ammonia Facilities. 8) Anhydrous Ammonia Facility means an area used 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 PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 50 or other association by or on behalf of the occupants of the residence, and includes all associated cooking, eating, living, sleeping and sanitary facilities. 10) Composting means a designed and managed system to facilitate the process of aerobic decomposition of organic matter by biological action. 11) Equestrian Establishment means a facility engaged in the training of horses or the operation of a horse riding academy or horse riding stables. 12) Farm Produce Outlet means a building or structure where farm produce is sold in season. 13) Farmstead Dwelling means any dwelling unit which is accessory to a farm operation and is on a parcel of land that includes associated agricultural buildings. 14) Game Farm means a development where elk or similar wild animals are held in captivity, pursuant to The Livestock Industry Diversification Act. 15) General Industrial and Business Farm Diversification Operations means any manufacturing, processing, service, storage, wholesale, retail sales, and distribution use for an active farming operation that is diversifying their on- farm economic activity. 16) Livestock Operation means a permanent or semi-permanent facility or non- grazing area where livestock producing at least 10.00 Animal Units of livestock are kept or raised either indoors or outdoors, and includes all associated manure collection facilities, but does not include an auction mart. 17) Non-Commercial Farm means a development for small scale, non- commercial agricultural pursuits ancillary to rural residential uses. This use shall be developed so as not unduly interfere with the general enjoyment of adjacent property. Animals shall be kept for the use or enjoyment of the householder only. 18) Secondary Farm Dwelling means a Single Family Dwelling or a Mobile Home Dwelling on a farm unit of the farm owner for an immediate family member engaged in full-time employment on the farm, a full-time employee of the farm or living quarters for seasonal help. 19) 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. PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 51 20) 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. 14.3.2 Commercial Use Class 1) Aircraft Landing Field means any area of land or water that is used or intended for a use for the landing or taking off of aircraft and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities, including taxiways, aircraft storage and hangars. 2) Airport and Associated Facilities means land or water which is used or intended for the landing or take-off of aircraft and any associated areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way including taxi-ways, aircraft storage and hangers. 3) Amusement Establishment means a facility within any building, room or area having table games or electronic games played by patrons for entertainment. This Use includes arcades but does not include Carnivals or Indoor Participant Recreation Services. 4) Animal Shelter and Veterinary Service means a development used for the care and treatment of animals where the veterinary services primarily involve outpatient care and minor medical procedures. This Use includes pet clinics and veterinary offices. 5) Auctioneering Establishment means a development specifically intended for the auctioning of goods and equipment, including temporary storage of such goods and equipment. 6) Automotive and Equipment Repair Shop means a development used for the servicing and mechanical repair of automobiles, motorcycles, snowmobiles and similar vehicles or the sale, installation or servicing of related accessories and parts. This Use includes transmission shops, muffler shops, tire shops, automotive glass shops, and upholstery shops, but does not include body repair and paint shops. 7) Automotive and Recreational Vehicle Sales means the retail sale or rental of new or used automobiles, motorcycles, snowmobiles, tent trailers, utility trailers, boats, travel trailers or similar light recreational vehicles or crafts, together with incidental maintenance services and sale of parts. This Use includes automobile dealerships, car rental agencies and motorcycle dealerships. PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 52 8) Broadcasting and Motion Picture Studio means a development used for the production or broadcasting of audio and visual programming typically associated with radio, television and motion picture studios. 9) Building Material Sales means a development used for the wholesale or retail sale of goods related to the construction of buildings. 10) 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. 11) Car Broker means a development used for the retail purchase and sale of used passenger vehicles from a single detached dwelling unit. The Use does not include Automotive and Equipment Repair Shops, Automotive and Recreational Vehicle Sales and/or Convenience Vehicle Rentals. 12) 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. 13) Commercial Resort means a commercial recreation establishment which may consist of one or more buildings containing single or multiple family dwelling units, recreational facilities and service facilities which are used on an intermittent and seasonal basis. Other facilities which may be part of the resort development includes: a camping and tenting ground, a hotel, a retail store, an eating and drinking establishment, a marina, a golf course and other outdoor recreation game courts, areas and trails. 14) Commercial School means a development used for training and instruction in a specific trade, skill or service for the financial gain of the individual or company owning the school. Typical uses include secretarial, business, hairdressing, beauty culture, dancing or music schools. 15) Contractor Service, General 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 PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 53 service. Any sales, display, office or technical support service areas shall be accessory to the principal Contractor Services Use only. 16) Contractor Service, Limited means a development used for the provision of electrical, plumbing, heating, painting and similar contractor services primarily to individual households and the accessory sale of goods normally associated with the contractor services where all materials are kept within an enclosed building, there are no accessory manufacturing activities, and no more than two service vehicles. 17) Convenience Vehicle Rentals means a development used for the rental of new or used automobiles, light trucks and utility trailers. This Use includes those establishments which are not strictly office in nature, but include, as an integral part of the operation, minor vehicle servicing, storing, fuelling or car washing facilities. 18) Custom Manufacturing Establishment means a development used for small-scale on-site production of goods. 19) 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. 20) 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 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. 21) Equipment Rentals and Sales means a development used for the rental or sale of tools, appliances, recreation craft, office machines, furniture, light construction equipment, or similar items. 22) Fleet Service means a development using a fleet of vehicles for the delivery of people, goods or services, where such vehicles are not available for sale or long-term lease. This Use includes ambulance services, taxi services, bus line, messenger and courier services. 23) Funeral Service means a development used for the preparation of the dead for burial or cremation, and the holding of funeral services. This Use includes PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 54 funeral homes, undertaking establishments and includes cremation and interment services. 24) Gas Bar means a development used for the retail sale of gasoline, other petroleum products, and incidental auto accessories. This Use does not include Service Stations. 25) Greenhouse, Plant and Tree Nursery means a development used primarily for the raising, storage and sale of bedding, household and ornamental plants. 26) 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. 27) Hotel means a development used for the provision of rooms or suites for temporary sleeping accommodation where the rooms have access from a common interior corridor and are not equipped with individual kitchen facilities. Hotels may include accessory Eating and Drinking Establishments, meeting rooms and Personal Services Shops. 28) 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 includes radio, television and appliance repair shops, furniture refinishing and upholstery shops. 29) Mini-Warehouse and Self-Storage means an enclosed facility that provides storage space to the general public on a for-hire basis. Mini-warehouses and self-storage areas also include vehicle storage for recreational vehicles, boats and other vehicles. No other business or service may be allowed to operate out of a rented storage space. 30) Mobile Catering Food Service means a development using a fleet of vehicles for the delivery and sale of food to the public. 31) 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. 32) Non-Accessory Parking means a development providing vehicular parking which is not primarily intended for the use of residents, employees or clients of a particular development. Typical uses include surface parking lots and parking structures located above or below grade. PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 55 33) 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 and miniature golf establishments. 34) 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 includes barbershops, hairdressers, beauty salons, tailors, dressmakers, shoe repair shops, dry cleaning establishments and laundromats. 35) Pet Cemetery means a development of a parcel of land for the burial of household pets as determined by the Designated Officer. 36) Pet Grooming means a development used for grooming and enhancing of the appearance of domestic animals including cats and dogs. This also includes the sale of pet grooming products and supplies. 37) 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. 38) Professional, Financial and Office Support Service means a development primarily used for the provision of professional, management, administrative, consulting, and financial services. Typical uses include the offices of lawyers, accountants, engineers, and architects; offices for real estate and insurance firms; clerical, secretarial, employment, telephone answering, and similar office support services; and banks, credit unions, loan offices and similar financial uses. 39) Rapid Drive-Through Vehicle Service means a development providing rapid cleaning, lubrication, maintenance or repair services to motor vehicles, where the customer typically remains within his vehicle or waits on the premises. Typical uses include automatic or coin operated car washes, rapid lubrication shops, or speciality repair establishments. 40) 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. PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 56 41) Retail Store, Convenience means a development used for the retail sale of those goods required by area residents or employees on a day-to-day basis, from business premises which do not exceed 278.70sm (3,000.0 sf) in gross floor area. Typical uses include small food stores, drug stores, and variety stores, selling confectionary, tobacco, groceries, beverages, pharmaceutical and personal care items, hardware or printed matter. 42) Retail Store, General means a development used for the retail sale of groceries, beverages, household goods, furniture and appliances, hardware, printed matter, confectionary, tobacco, pharmaceutical and personal care items, automotive parts and accessories, office equipment, stationary and similar goods from within an enclosed building. Minor public services, such as postal services and film processing depots are permitted within general retail stores. This Use 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. 43) 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. 44) Sign, Advertising means a sign or a billboard directing attention to a business, commodity, service, thing, message, or entertainment conducted, sold, or offered elsewhere than on the same zoning lot on which that sign is located. 45) Small Animal Breeding and Boarding Establishment means a development used for the breeding, boarding or training of small animals normally considered as household pets. Typical uses are kennels and pet boarding establishments. 46) 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. 47) Storage, General means a development used exclusively for the indoor or outdoor storage of goods, materials and merchandise. 48) Storage, Temporary means a development used exclusively for temporary indoor or outdoor storage of goods, materials and merchandise. This Use does PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 57 not include vehicle storage compounds, automobile wrecking yards, salvage yards, scrap metal yards, or the storage of hazardous goods or waste. 49) Tourist Campsite means a development of land which has been planned and improved for the seasonal short term use of motor homes, tents, campers and similar recreational vehicles and is not used as year round storage, or accommodation for residential use. Typical uses include recreational vehicle parks, campsites and tenting grounds. 50) 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. 51) Trucking Operation means the use of land, buildings or structures for the purpose of storing, repairing, servicing or loading trucks, transportation trailers and/or buses. 52) Truck Stop means a development located on a major transportation route designed to service both the trucking industry and the general public that includes but is not limited to large vehicle parking, automotive repair eating and drinking areas, gas bar, retail sales, and service station as accessory uses, and may also include a range of services to accommodate the trucking industry such as bathroom, shower and rest facilities. 53) 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 includes developments where principal goods being sold are such bulky items as furniture, carpet, major appliances and building materials. 14.3.3 Community Services Use Class 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) Child Care Service means a development licensed by the Province of Manitoba to provide daytime personal care and education to children but does PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 58 not include overnight accommodation. Typical uses include day care centres, day nurseries, kindergartens, nursery schools and play schools. 3) Community Recreation Service means a development for recreational, social or multiple purpose use without fixed seats and primarily intended for local community purposes. Typical uses include community halls and community centres. 4) Community Service Club means a non-profit corporation chartered by The Canada Corporation Act or The Manitoba Corporation Act, or an association consisting of persons who are bona fide members paying annual dues, which owns or leases land, a building, or a portion thereof, the use of such premises being restricted primarily to meeting, community and related activities. 5) Extended Medical Treatment Service means a development providing room, board, and surgical or other medical treatment for the sick, injured or infirm including outpatient services and accessory staff residences. Typical uses include hospitals, sanatoriums, nursing homes, convalescent homes, and auxiliary hospitals. 6) Government Service means a development providing Municipal, Provincial or Federal government services directly to the public. Typical uses include government offices, taxation offices, courthouses, jails, postal distribution offices, manpower and employment offices, and social service offices. 7) Indoor Participant Recreation Service means a development providing facilities within an enclosed building for sports and active recreation where patrons are predominately participants. Typical uses include athletic clubs; health and fitness clubs; curling, roller-skating and hockey rinks; swimming pools; rifle and pistol ranges; bowling alleys; paintball games; and racquet clubs. 8) 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. 9) Private Education Service means a development for instruction and education that 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 includes dormitory and accessory buildings. PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 59 10) Protective and Emergency Service means a development which is required for the public protection of persons and property from injury, harm or damage together with the incidental storage of emergency development which is necessary for the local distribution of utility services. Typical uses in this class include police stations, fire stations and ancillary training facilities. 11) Public Education Service means a development which is publicly supported or subsidized involving public assembly for educational, training or instructing purposes, and includes administration offices required for the provision of such services on the same site. This Use includes public schools, community colleges, and technical and vocational schools, and associated administrative offices. 12) Public Library and Cultural Exhibit means a development for the collection of literary, artistic, musical and similar reference materials in the form of books, manuscripts, recordings and films for public use; or a development for the collection, preservation and public exhibition of works or objects of historical, scientific or artistic value. Typical uses include libraries, museums and art galleries. 13) Public Park means a development of public land specifically designed or reserved for the general public for active or passive recreational use and includes all natural and human-made landscaping, facilities, playing fields, buildings and other structures that are consistent with the general purposes of public parkland, whether or not such recreational facilities are publicly operated or operated by other organizations pursuant to arrangements with the public authority owning the park. Typical uses include tot lots, band shells, picnic grounds, pedestrian trails and paths, landscaped buffers, playgrounds, water features, amphitheatres, and athletic fields. 14) 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, water treatment plants, lift stations, garbage transfer and compacting stations and waste recycling plants. 15) Religious Assembly means a place of worship and related activities. Typical uses include churches, chapels, mosques, temples, synagogues, parish halls, convents and monasteries. PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 60 14.3.4 Industrial Use Class 1) Airport Industrial means any area of land used for the landing, taking off, or storing of aircraft, associated terminals, and uses related to, and be an integral component of the airport operation. 2) Bulk Storage Facility means a place for the outdoor storage or tank storage of large quantities of raw materials or industrial related goods such as liquids, fuels, gases, minerals, pipes, gravel, fertilizers, and grain. This use does not include Anhydrous Ammonia Facilities. 3) Cannabis Cultivation means the licensed growing of cannabis plants and harvesting material from those plants, and related activities. 4) Cannabis Processing means the licensed manufacturing, packaging and labelling of cannabis products destined for legal sale to consumers, and the intra-industry sale of these products to privately authorized distributors, as well as associated activities. 5) 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. 6) Industrial Mall means a building or group of buildings held in single ownership or by participants in a condominium corporation or cooperative and divided into units for separate occupancy by different industrial uses for which common loading and parking facilities and other common services may or may not be provided. 7) Industrial Vehicle and Equipment Sales and/or Rentals means a development used for the sale, rental and repair of heavy vehicles, machinery or mechanical equipment typically used in building, roadway, manufacturing, assembly and processing operations and agricultural production. 8) 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 PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 61 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. 9) Portable Asphalt Plant means a temporary facility with equipment designed to heat, dry and mix aggregate with asphalt to produce asphalt paving material and includes stockpiling and storage of bulk materials used in the process. 10) Processing Use means a development used for the extraction, treatment, preparation, packaging, transportation, handling and storage of raw materials and other minerals. Typical uses include concrete batching plants. 11) Small Scale Industrial means light manufacturing, assembly or distribution of ready-made products on a small scale. As a rule, industries in this category are secondary to the agricultural operation, if not, they should not be of such a size that they create traffic problems or impact negatively on the surrounding area. 12) Storage Compound means a development used exclusively for temporary outdoor storage of goods and materials where such storage of goods and materials does not involve the erection of permanent structures or the material alteration of the existing state of the land. Typical uses include vehicle storage compounds, automobile wrecking yards, automobile recycling facilities and salvage yards. 13) Telecommunications Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more communication facilities, that is located on the ground or anchored to the ground and exceeds 7.32 m. (24.00 ft.) in height. 14) Transport Terminal means a development where commercial passenger vehicles pick up and discharge fare-paying passengers or a development used for the sale, rental, repair or storage of commercial vehicles. 15) 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. PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 62 14.3.5 Natural Resource Development Use Class 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. This Use does not include the processing of raw materials transported to the site. 4) Oil Field Battery means a system or arrangement of tanks or other surface equipment that receives fluid from, or delivers fluid to, one or more wells, and includes an injection plant, a pump station and equipment or a device designed to separate the fluid into oil, gas, and water and to measure the amount of oil, gas, and water. 5) Wildlife and Conservation Reserve means land that has been designated by Provincial legislation for the protection and conservation of wildlife. This Use includes Wildlife Management Areas. 6) Wind Turbine Generating Station means a development on a leased or owned site that is comprised of, but not limited to, one or more wind turbine generator towers that convert wind energy to electrical energy for private use or sale and may include research or meteorological towers, collector grids, substations and other associated or compatible accessory operations, including Agricultural Activities. 7) Wind Turbine Personal Use means a small scale wind turbine generator tower that converts wind energy to electrical energy for primarily private use. 14.3.6 Residential Use Class 1) Institutional Residence means a premise which is intended for the training, treatment, rehabilitation, housing, care and/or supervision of persons requiring medical assistance. This Use Class includes nursing homes, personal care homes, residential care homes, attached housing and rehabilitation homes. 2) 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 PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 63 and ready for occupancy, being on the site on wheels, jacks or similar supports, or on a permanent foundation, and having been built in accordance with CSA building regulations and The Buildings and Mobile Homes Act. For the purpose of this By-law, the removal of the wheels or permanent or semi-permanent attachment of a foundation to a Mobile Home Dwelling shall not change the classification. 3) Multiple Family Dwelling means a building containing three or more dwelling units served by common corridors and entrance. Each dwelling unit shall be designed for and used by one family. 4) Planned Unit Development (Residential) means an area of land used primarily for residential purposes under single ownership or control but including multiple home owners who share the use and financial responsibility of common areas. 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. 6) Two Family Dwelling means a building containing two dwelling units, each designed and used or intended to be used by one family. 14.3.7 Residential-Related Use Class 1) Bed and Breakfast Home means a principal dwelling where sleeping accommodation with or without light meals is provided to members of the travelling public for remuneration. 2) Care Home means development consisting of a use of a building as a facility which is recognized, authorized, licensed or certified by a public authority as a social care facility intended to provide room and board for foster children or disabled persons, or for persons with physical, mental, social or behavioral problems, and which may be for the personal rehabilitation of the residents either through self-help or professional care, guidance and supervision. 3) Farm Staff Housing means a residential dwelling used exclusively for the purpose of housing farm staff on a seasonal basis. 4) Home Industry means an industry or profession carried out in a building accessory to a dwelling as a secondary use generally in keeping with the trade or calling of the occupant. PART II DEFINITIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 64 5) Home Occupation means an occupation, trade, profession or craft carried on, in or from a dwelling unit or its accessory building for consideration and which is clearly incidental or accessory to the residential use of the dwelling unit. 6) Secondary Suite means that area of a single housing dwelling that is or is intended to be a dwelling unit that is smaller than the principal residence in the same building where the two dwelling units have internal access between them. A Secondary Suite has cooking, food preparation, sleeping and bathing facilities which are separate from those of the principal dwelling within the structure. PART III - ZONING DISTRICTS PART III ZONING DISTRICTS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 66 15.0 Zoning Districts 15.1 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 Wallace- Woodworth in keeping with the provisions of the Trans Canada West Planning District Development Plan. The Zoning Districts as outlined in the Zoning Districts Table (Appendix A) are hereby established. 15.2 Permitted and Conditional Uses 1) The Permitted and Conditional Uses Table (Appendix B) outlines uses that are permitted or conditional in each Zoning District. 2) All uses, whether listed as permitted or conditional, must meet the relevant requirements as outlined in PART IV (Special Land Use Regulations), Part V (General Development Regulations) and Appendix C Bulk Regulations. 15.3 Bulk Regulations for Zoning Districts 1) The Bulk Regulations Table (Appendix C) outlines the bulk regulations for each Zoning District. 15.4 Additional Regulations for Permitted and Conditional Uses 1) All accessory uses, buildings and structures shall be developed in accordance with any applicable RM of Wallace-Woodworth lot grading by-laws or regulations. 2) Maximum building area regulations shall not apply to Private and Semi- Private Swimming Pools and Hot Tubs. 3) Water supply and sewage disposal systems throughout the municipality shall be in accordance with The Environment Act, The Public Health Act, The Drinking Water Safety Act, and any relevant municipal regulations. 4) Any fuel storage areas established on any site shall comply with The Storage and Handling of Petroleum and Allied Products Regulation 188/200. PART III ZONING DISTRICTS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 67 5) Any used oil products and other regulated hazardous wastes generated or stored on any site shall be collected and disposed of in accordance with all applicable Manitoba Conservation legislation. 6) All buildings, structures and hedges within controlled areas adjacent to Provincial Trunk Highways, Provincial Roads and Provincial Access Roads shall be setback in accordance with The Transportation Infrastructure Act. 7) The construction of any drainage works shall be in accordance with all applicable Provincial government legislation. 8) All development shall be on sites that have direct frontage on a street. No development or building permit shall be issued for a residence that does not have frontage on an approved all weather road or road for which a road construction development agreement has not been entered into. 15.5 Additional Regulations for the RS Zoning District 1) Excluding reversed corner lots, where sites comprising 40.00 percent or more of the entire frontage of the block are developed with buildings, the average front yard calculation established by such buildings shall be the front yard regulation for the block. 2) All developments shall comply with Section 20.2 of this By-law. 3) Two family dwellings in the RS zone shall have a min. site area of 9,600 sq. ft., a min. site width of 80 ft. and a maximum site coverage of 50%. 4) Multi-family dwellings in the RS zone shall have a min. site area of 10,000 sq. ft. for the first 4 dwelling units and 1,000 sq. ft. for each additional dwelling unit, a min. site width of 100 ft., a min. side yard of 10 ft., a min. dwelling unit area of 600 sq. ft., and a maximum site coverage of 50%. Further, accessory buildings shall have a min. rear yard of 15 ft and a min. side yard of 10 ft. 15.6 Additional Regulations for the RMH Zoning District 1) In the case of Mobile Home Dwelling sites within a mobile home park development: a) the minimum site area requirement shall be 371.60 sq. m. (4,000.00 sq. ft.); b) the minimum site width requirement shall be. 12.19 m. (40.00 ft.); and PART III ZONING DISTRICTS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 68 c) the separation spaces between Mobile Home Dwellings, including accessory uses, buildings and structures, shall be the same as the yard regulations. 2) New Mobile Home Parks shall comply with the following regulations: a) Are only permitted within the RMH zone. b) The maximum density shall be 15 mobile homes per ha. (6 per ac.) c) They are designed to accommodate mobile units of different sizes including expandable and double wide units to avoid monotony. d) The undercarriage of each unit shall be screened from view by skirting that is designed to complement the appearance of the site. e) Each mobile home site shall have access to and abut upon a private street and the said private street shall have clear and unobstructed access to a public street. f) No less than ten (10) percent of the total area of the mobile home park shall be devoted to common recreation areas and facilities such as playgrounds, swimming pools, community buildings, paths for pedestrians and cyclists, and play areas for small children. At least one (1) principal recreation and community centre are shall contain not less than five (5) percent of the total area of the mobile home park. g) All internal streets shall be well drained, lighted and designed and hard surfaced to municipal standards. h) All utility lines shall be placed underground. i) Central water and sewage disposal facilities shall be provided to each mobile home site. Individual wells and disposal systems will not be permitted. 3) All developments shall comply with Section 20.2 of this By-law. 15.7 Additional Regulations for the CG Zoning District 1) A minimum side yard of 3.05 m. (10.00 ft.) shall be required where a site abuts the lot line of a site in the RS and GD Zoning Districts. 2) 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 a required side yard. 3) 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 to the satisfaction of the Designated Officer. PART III ZONING DISTRICTS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 69 4) If the rear or side lot lines of a site abut a Residential or Residential- Related Use Class development or a lane serving a Residential or Residential-Related Use Class development and are used for parking, an outdoor service or display area, or both, they shall be screened to the satisfaction of the Designated Officer. 5) A dwelling unit is allowed only in conjunction with a permitted use or conditional use development if: a) it is occupied by the owner/operator or a site watchperson or caretaker, if necessary; or b) the said permitted use or conditional use is the primary ground floor use. 6) The siting and access for the following developments shall be to the satisfaction of the Designated Officer who shall ensure that such developments do not prejudice the safety and transportation function of public roadways: a) Drive-In Food Service b) Eating and Drinking Establishment c) Rapid Drive-Through Vehicle Service d) General Retail Store e) Automated Teller Machines 7) All developments shall comply with Section 20.3 of this By-law. 15.8 Additional Regulations for the CH Zoning District 1) A minimum yard of 15.24 m. (50.00 ft.) shall be required where a site abuts the lot line of a site in an existing or future Residential Area as indicated in the Trans Canada West Planning District Development Plan. 2) 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 a required side yard. 3) 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 to the satisfaction of the Designated Officer. 4) If the rear or side lot lines of a site abut a Residential or Residential- Related Use Class development or a lane serving a Residential or Residential-Related Use Class development and are used for parking, an outdoor service or display area, or both, they shall be screened to the satisfaction of the Designated Officer. PART III ZONING DISTRICTS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 70 5) All exposed building faces shall have consistent and harmonious exterior finishing materials. 6) Buildings, structures and hedges adjacent to Provincial Trunk Highways, Provincial Roads and Provincial Access Roads shall be setback in accordance with The Transportation Infrastructure Act. 7) A dwelling unit is allowed only in conjunction with a permitted use or conditional use development if it is occupied by the owner/operator or a site watchperson or caretaker, if necessary. 8) The siting and access for the following Conditional Use developments shall be to the satisfaction of the Designated Officer who shall ensure that such developments do not prejudice the safety and transportation function of public roadways: a) Drive-In Food Service b) Eating and Drinking Establishment c) Rapid Drive-Through Vehicle Service d) General Retail Store e) Automated Teller Machines 9) A dwelling unit is allowed as a permitted use in conjunction with a Tourist Campsite development if it is occupied by the owner/operator or a site watchperson or caretaker, if necessary. 10) All developments shall comply with Section 20.3 of this By-law. 15.9 Additional Regulations for the MB Zoning District 1) Where a site abuts the lot line of an existing or future Residential Area as indicated in the Trans Canada West Planning District Development Plan, a 7.62 m. (25.00 ft.) landscaped yard is required. This yard shall include a berm, fence and extensive landscaping to the satisfaction of the Designated Officer or Council. 2) Where a site abuts the lot line of an existing or future Residential Area as indicated in the Trans Canada West Planning District Development Plan, any buildings shall be setback a minimum of 15.24 m. (50.00 ft.) from the lot line. 3) No parking shall be permitted within 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 a required side yard. 4) All developments shall comply with Section 20.1 of this By-law. 5) When outside storage of goods and materials is required: PART III ZONING DISTRICTS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 71 a) the storage shall be located to the rear of a line adjacent to and parallel with the front wall of the building; b) the storage shall not project above the height of the wall or fence; and c) a solid fence shall be provided and maintained in a condition that is acceptable to the Designated Officer. 6) The operation of all uses shall comply with all environmental and public health regulations of the Province of Manitoba. If the Designated Officer is of the opinion that a proposed development may conflict with these regulations, the application shall be referred to the appropriate Provincial department(s) prior to issuing a development permit. 7) A dwelling unit is allowed only in conjunction with a permitted or conditional Industrial Use Class development if it is occupied by the owner/operator or a site watchperson or caretaker, if necessary. 15.10 Additional Regulations for the MG Zoning District 1) Where a site abuts the lot line of an existing or future Residential Area as indicated in the Trans Canada West Planning District Development Plan, a 15.24 m. (50.00 ft.) landscaped yard is required. This yard shall include a berm, fence and extensive landscaping to the satisfaction of the Designated Officer or Council. As a minimum, this landscaping screen shall consist of an earthen berm of not less than 1.52 m. (5.00 ft.) in height and a width of not less than 2.50 m. (8.20 ft.). In cases where the landscaping screen is a hedge, it shall be a minimum of 1.52 m. (5.00 ft.) in height. 2) No parking shall be permitted within 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 a required side yard. 3) All developments shall comply with Section 20.1 of this By-law. 4) When outside storage of goods and materials is required: a) the storage shall be located to the rear of a line adjacent to and parallel with the front wall of the building; b) the storage shall not project above the height of the wall or fence; and c) a solid fence shall be provided and maintained in a condition acceptable to the Designated Officer. 5) The operation of all uses shall comply with all environmental and public health regulations of the Province of Manitoba. If the Designated Officer believes a proposed development may conflict with these regulations, the PART III ZONING DISTRICTS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 72 application shall be referred to the appropriate Provincial department(s) prior to issuing a development permit. 6) A dwelling unit is allowed only in conjunction with a permitted or conditional Industrial Use Class development if it is occupied by the owner/operator or a site watchperson or caretaker, if necessary. 15.11 Additional Regulations for the GD Zoning District 1) All developments shall comply with Sections 20.2 and 20.3 of this By- law. 2) 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 a required side yard. 3) 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 to the satisfaction of the Designated Officer. 4) If the rear or side lot lines of a site abut a Residential or Residential- Related Use Class development or a lane serving a Residential or Residential-Related Use Class development and are used for parking, an outdoor service or display area, or both, they shall be screened to the satisfaction of the Designated Officer. 5) Any new commercial or mixed use buildings and site plans shall incorporate the following designs and techniques to the satisfaction of the Designated Officer: a) Utilize high quality building materials, be attractively designed and provide extensive landscaping to the satisfaction of the Designated Officer. b) Provide bicycle parking to the satisfaction of the Designated Officer. 15.12 Additional Regulations for the LCR Zoning District 1) The maximum number of on-site employees for a Limited Contractor Service shall be two and shall be limited to owner operated businesses only. 2) Any materials related to a small-scale business operation shall be kept within an enclosed building. These buildings shall be constructed and finished with durable materials and blend in with the surrounding residential development. PART III ZONING DISTRICTS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 73 3) No more than two trucks with a maximum gross vehicle weight of 6,804.00 kg. (15,000.00 lb.) gross vehicle weight can be parked over night on any lot. 4) All developments shall comply with Sections 20.2 and 20.3 of this By- law. PART IV - SPECIAL LAND USES PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 75 16.0 Special Land Uses 16.1 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. 16.2 Anhydrous Ammonia Facilities An Anhydrous Ammonia Facility shall comply with the following regulations: 1) It shall be located at least: a) 1,524.00 m. (5,000.00 ft.) Urban Centres and Settlement Centres as identified in the Development Plan, b) 792.48 m. (2,600.00 ft.) from any Residential, Residential-Related, Commercial and Community Services Use Class developments located outside Urban Centres and Settlement Centres as identified in the Development Plan. c) 100.00 m. (328.00 ft.) from the edge of the rights-of-way of a Provincial Trunk Highway or Provincial Road. 16.3 Bed and Breakfast Homes A Bed and Breakfast Home shall comply with the following regulations: 1) There shall be no exterior display or advertisement larger than 1.49 sq. m. (16.00 sq. ft.) in the settlement centre of Wallace-Woodworth, and 2.97sq. m. (32.00 sq. ft.) in other areas of the municipality, provided that no sign shall be illuminated and any sign must be compatible with the residential character of the area. 2) The Bed and Breakfast Home shall not generate vehicular traffic or parking that is in excess of what is normally characteristic of the area. 3) The Bed and Breakfast Home shall be operated by a live-in owner as a secondary use only and shall not change the principal residential character or external appearance of the dwelling unit. PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 76 4) The Bed and Breakfast Home shall have a maximum of six bedrooms or bedroom suites 5) Meals shall be limited to the owner-occupants of the Bed and Breakfast Home and resident guests therein with no cooking facilities allowed in the bedrooms or bedroom suites. 6) In addition to the parking regulations for the primary use, one additional on-site parking space shall be provided for each bedroom or bedroom suite. 7) 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. 8) All Bed and Breakfast Homes must be operated in accordance with all plans and documents approved as part of the application. 16.4 Car Brokers A Car Broker shall comply with the following regulations: 1) The Car Broker operation shall be operated as a secondary use only on the site and shall not change the principal character or external appearance of the dwelling unit involved. 2) The Car Broker operation shall be limited to the purchase and sale of used passenger vehicles and light trucks only. 3) Except as hereinafter provided, the vehicles that are for sale shall be parked or stored at the rear of the dwelling unit on the site so as to be entirely screened from public view. 4) Notwithstanding Section 16.4 (3) of this By-law, a maximum of one vehicle may be put on display for sale in the front yard of the site on which a Car Broker operation is located at any one time. 5) Notwithstanding Section 16.4 (4) of this By-law, on the site on which a Car Broker operation is located there shall be no vehicles put on display for sale within any Municipal road right-of-way. 6) Notwithstanding Section 16.4 (4) of this By-law, if the Car Broker operation is adjacent to a Provincial Trunk Highway Provincial Road or Provincial Access Road, the vehicles put on display for sale thereon shall be setback in accordance with The Transportation Infrastructure 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. PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 77 8) A storage area having six or more passenger vehicles and/or light trucks that are visible from a roadway or an abutting Residential District that is within 198.12 m. (650.00 ft.) from the storage area shall be fenced and/or have a screen planting, to the satisfaction of the Designated Officer. 9) 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. 10) The Car Broker operation shall be operated solely by the members of the family residing at the same dwelling unit on the site where the Car Broker operation is located without the employment of other persons. 11) Any exterior display or advertisement of the Car Broker operation shall: a) not exceed 0.37 sq. m. (4.00 sq. ft.) in area; b) not be illuminated; and c) be compatible with the character of the area. 12) The dimensions of signage advertising the sale of vehicles shall not exceed 21.59 cm. (8.50 in.) by 27.94 cm. (11.00 in.). 13) 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. 14) The maximum number of passenger vehicles and light trucks for sale at any one time shall be limited to six (6) vehicles. 15) All Car Brokers must be operated in accordance with all plans and documents approved as part of the application. 16.5 Home Industries A Home Industry shall comply with the following regulations: 1) The Home Industry shall be in contravention of this Zoning By-law unless it conforms to the Municipal Licensing By-law and amendments thereto. 2) The Home Industry shall only be allowed in conjunction with a dwelling unit and be carried out in a building that is accessory to a dwelling unit and does not exceed a floor area of 232.25 sq. m. (2,500.00 sq. ft.). 3) The employment of family and non-family members is allowed as part of the Home Industry to a maximum of four (4) persons. 4) The selling of goods or services related to the Home Industry is allowed. 5) The character and scale of the Home Industry shall not create offensive or objectionable impacts on any adjoining sites. PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 78 6) Outside storage of goods and materials is allowed as part of the Home Industry, subject to the following: a) the storage shall be located to the rear of a line adjacent to and parallel with the front wall of the building; b) the storage area shall be fenced or screened from public view to the satisfaction of the Designated Officer or Council; and c) the storage shall not project above the height of the fence or screening. 7) Notwithstanding Section 19.0 of this By-law, the Home Industry may have one identification sign with a maximum area of. 1.49 sq. m. (16.00 sq. ft.), indicating the name of the occupant and/or Home Industry of the occupant provided the sign is attached to and parallel with the wall of the principal or accessory building. 8) There shall be no mechanical or electrical equipment used which creates noise, or visible and audible interference in radio or television reception in adjacent dwelling units. 9) The Home Industry shall not be permitted if, in the opinion of the 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 character of the area. 10) The Home Industry shall comply with all environmental and public health standards of the Province of Manitoba. If Council determines that a proposed Home Industry may conflict with these standards, the application shall be referred to the appropriate Provincial department(s) prior to issuing a development permit. 11) In addition to the information regulations of Section 8.0 of this By-law, each application for a development permit for a proposed Home Industry shall include a description of the use to be undertaken at the premises and an indication of where any materials, equipment or vehicles associated with the use are to be stored. 12) A permit for a Home Industry is not transferable to a new homeowner. 13) All Home Industries must be operated in accordance with all plans and documents approved as part of the application. 14) Home Industries shall only be allowed with the Agricultural and Residential Zones of this By-law. 15) No toxic matter, explosive, flammable, combustible, corrosive, radioactive, or other restricted material may be used, stored, or produced, PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 79 16) In no case shall the home occupation be open to the public at times earlier than 8:00 a.m. nor later than 10:00 p.m. unless permitted by the Municipality in writing. 16.6 Home Occupations A Home Occupation shall comply with the following regulations: 1) The Home Occupation shall be in contravention of this Zoning By-law unless it conforms to the Municipal Licensing By-law and amendments thereto. 2) The home occupation shall not include adult entertainment; dating and escort service; body modification; on-site painting, body repairs, or other repairs to automobiles, trucks, boats, trailers, or motorized vehicles; vehicle towing operations; dispatch centres for auto-oriented services; sales of firearms or ammunition; any business utilizing radio transmission equipment; and any business engaged in the sales and rental of automobiles, light trucks or motorcycles. 3) The Home Occupation shall not generate pedestrian or vehicular traffic, or parking, in excess of that which is characteristic of the Zoning District in which it is located. Parking for business vehicles shall be limited to two (2) and shall be restricted to existing driveways. 4) The Home Occupation shall be owned and operated by the member(s) of the family residing at the dwelling unit with the maximum of two (2) on- site employees. 5) Notwithstanding Section 19.0 of this By-law, the Home Occupation may have one identification sign not exceeding 1.12 sq. m (12.00 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. 6) 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. 7) The Home Occupation shall only allowed in conjunction with a dwelling unit and shall not change the principal character or external appearance of the dwelling unit involved. 8) A Home Occupation within a dwelling unit or accessory building shall not exceed a maximum floor area of 27.87 sq. m. (300.00 sq. ft.) or twenty percent (20%) of the floor area, whichever is lesser. PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 80 9) 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. 10) In addition to the information regulations of Section 8.0 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. 11) A permit for a Home Occupation is not transferable to a new homeowner. 12) Any work or activity conducted on the premises in connection with the home occupation shall be carried on entirely within the residential dwelling unit or entirely within a building accessory to that dwelling unit. 13) In the case of rental premises, the home occupation applicant will be required to obtain the permission of the owner of the premises before a home occupation permit under this Section can be issued by the Designated Officer. 14) Home Occupations shall be limited to those uses which do not interfere with the rights of other residents to quiet enjoyment of their neighbourhood. 15) In the case of retail sales, the home occupation offers commodities for sale which are limited to those produced or repaired on the premises. 16) If a Home Occupation is used for instructional classes, there shall not be more than eight (8) pupils at a time. 17) All Home Occupations must be operated in accordance with all plans and documents approved as part of the application. 18) No toxic matter, explosive, flammable, combustible, corrosive, radioactive, or other restricted material may be used, stored, or produced, 19) In no case shall the home occupation be open to the public at times earlier than 8:00 a.m. nor later than 10:00 p.m. unless permitted by the Municipality in writing. 16.7 Livestock Operations 1) The regulations of this Section of the By-law shall apply to Livestock Operations. PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 81 16.7.1 General 1) When reviewing permit applications for Livestock Operations, the Designated Officer and Council shall consider: a) the type and size of the operation and its location in relation to neighbouring land uses; b) the source of water supply and proposed consumption levels; c) the proposed manure storage and disposal system; d) the nature of the land base; e) local resident concerns; f) for livestock operations of a size 300 A.U. or greater the Technical Review Committee report and recommendations g) the potential impacts generated by the operation on the Provincial highway and Municipal road systems; h) Provincial guidelines and regulations governing Livestock Operations; and i) whether there is a need for a development agreement to be entered into between the proponent and the RM of Wallace-Woodworth dealing with such conditions as the timing of construction of any proposed buildings or structures; the control of traffic; and the construction and maintenance of roads, fencing, landscaping, shelter belts, manure storage facility covers or site drainage works by or at the expense of the proponent. 2) Where the proposed development is located within the vicinity of a Provincial highway, a copy of the proposal shall also be sent to Manitoba Infrastructure for review and comment. 16.8 Livestock Operations Producing Fewer Than 300 Animal Units 16.8.1 General 1) All new or expanding Livestock Operations that produce fewer than 300 Animal Units shall: a) meet or exceed all applicable Provincial and Federal government environmental and health regulations in force at the time of the permit application; b) obtain a development permit from the RM of Wallace-Woodworth prior to any development activity taking place on the site; c) meet or exceed any applicable site regulations. d) have an adequate land base that is either owned or leased by the proponent to carry out the proposed Livestock Operation; and PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 82 e) manure storage facilities and animal confinement facilities must be designed, built and operated in conformity with all relevant Provincial regulations. 16.8.2 Mutual Separation Regulations 1) Except for the dwelling unit of the operator of the Livestock Operation, mutual separation distances shall be maintained between Livestock Operations and a dwelling unit or designated residential or recreational area in accordance with Table 1: TABLE 1 Mutual Separation Regulations Animal Units Minimum Distance From Dwelling Unit From Designated Residential or Recreational Area To Earthen Manure Storage Facility or Feedlot To Animal Housing Facility and Non-Earthen Manure Storage Facility To Earthen Manure Storage Facility or Feedlot To Animal Housing Facility and Non- Earthen Manure Storage Facility 10 to 100 200.00 m. (654.00 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.) 1,600.00 m. (5,249.00 ft.) 1,070.00 m. (3,511.00 ft.) 16.9 Livestock Operations Producing 300 or Greater Animal Units 16.9.1 Mutual Separation Regulations 1) Except for the dwelling unit of the operator of the Livestock Operation, mutual separation distances shall be maintained between Livestock Operations and a dwelling unit or designated residential or recreational area in accordance with Table 2: TABLE 2 PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 83 Mutual Separation Regulations Animal Units Minimum Distance From Single Residence From Designated Residential or Recreational Area To Earthen Manure Storage Facility or Feedlot To Animal Housing Facility and Non-Earthen Manure Storage Facility To Earthen Manure Storage Facility or Feedlot To Animal Housing Facility and Non- Earthen Manure Storage Facility 300 to 400 450.00 m. (1,476.00 ft.) 225.00 m. (738.00 ft.) 1,800.00 m. (5,906.00 ft.) 1,200.00 m. (3,937.00 ft.) 401 to 800 500.00 m. (1,640.00 ft.) 250.00 m. (820.00 ft.) 2,000.00 m. (6,561.00 ft.) 1,330.00 m. (4,364.00 ft.) 801 to 1600 600.00 m. (1,968.00 ft.) 300.00 m. (984.00 ft.) 2,400.00 m. (7,874.00 ft.) 1,600.00 m. (5,249.00 ft.) 1601 to 3200 700.00 m. (2,297.00 ft.) 350.00 m. (1,148.00 ft.) 2,800.00 m. (9,186.00 ft.) 1,870.00 m. (6,135.00 ft.) 3201 to 6400 800.00 m. (2,625.00 ft.) 400.00 m. (1,312.00 ft.) 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.) 12800 plus 1,000.00 m. (3,281.00 ft.) 500.00 m. (1640.00 ft.) 4,000.00 m. (13,123.00 ft.) 2,670.00 m. (8760.00 ft.) 16.9.2 Development Permit Applications 1) For Livestock Operations that produce 300 Animal Units or greater, in addition to the standard development application submission regulations, the proponent for any new or expanding Livestock Operation may be required to provide the following information to the satisfaction of the Designated Officer and Council. a) a detailed description of the proposed operation; b) the corporate identity and proof of property ownership; c) a legal description of the land on which the proposed development is to occur, by lot, block, subdivision, quarter section and registered plan numbers; d) the owner's (and applicant if different from owner) name, address, signature and interest in the land; e) a site plan showing the location of housing, storage and other facilities relative to the boundaries of the site; and f) servicing needs. 16.9.3 Animal Units 1) For the purposes of this Section of the By-law, the calculation of Animal Units shall be determined on the basis of the Animal Units Conversion PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 84 Table (Appendix D) and in accordance with Manitoba Regulation 81/2011, Provincial Planning Regulation. 16.9.4 Conditional Use Hearing 1) Where a conditional use hearing is required, Council will not set a hearing date until all of the development permit application information as specified in Section 16.9 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 to establish or expand a Livestock Operation the RM of Wallace-Woodworth shall place a public notice in accordance with the Act. 3) An application for a conditional use permit shall be processed and approved or rejected in accordance with the Act. If warranted, the RM of Wallace-Woodworth may consider imposing the following conditions: a) measures to ensure conformity with the applicable provisions of the Trans Canada West Planning District Development Plan, the RM of Wallace-Woodworth Zoning By-law and any secondary plan by-law; b) measures to implement recommendations made by the Technical Review Committee; c) requiring covers on manure storage facilities; d) requiring shelter belts to be established; e) requiring the owner of the affected property to enter into a development agreement dealing with the affected property and any contiguous land owned or leased by the owner, on one or more of the following matters; i. the timing of construction of any proposed building, ii. the control of traffic, iii. the construction or maintenance - at the owner's expense or partly at the owner's expense - of roads, traffic control devices, fencing, landscaping, shelter belts or site drainage works required to service the livestock operation, iv. the payment of a sum of money to the municipality to be used to construct anything mentioned in subclause (iii). 16.9.5 Manure Management Plans 1) Proponents, owners or operators of approved new or expanding Livestock Operations involving the production of 300 Animal Units or more shall submit a copy of the manure management plan to Council upon request. PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 85 16.10 Natural Resource Developments 1) The Natural Resource Development shall not extract oil, excavate aggregate or topsoil closer than the distances from any lot line, Single Dwelling or shore of a river, lake or stream than what is outlined in The Mines and Minerals Act and any other applicable Provincial regulations. 2) Where any Natural Resource Development abuts the lot line of a site in a Urban Centre, Settlement Centre or any Rural Residential designated area as indicated in the Trans Canada West Planning District Development Plan, a 30.48 m. (100.00 ft.) landscaped yard shall be required. 3) 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. 5) When outside storage of goods and materials is required: a) the storage shall be located to the rear of a line adjacent to and parallel with the front wall of the building; and b) a solid fence shall be provided and maintained in a condition acceptable to the Designated Officer. 6) Any fuel storage areas established on any site shall comply with The Storage and Handling of Petroleum and Allied Products Regulation 188/200. 7) 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. 8) The Natural Resource Development shall comply with all environmental and public health regulations of the Province of Manitoba. If the Designated Officer believes a proposed Natural Resource Development may conflict with these regulations, the application shall be referred to the appropriate Provincial department(s) prior to issuing a development permit. 9) Development of land on high quality or useable deposits of aggregate shall be limited to non-intensive agriculture such as grazing, cropping forestry, temporary uses or other uses that will permit access to the resource, in accordance with the Trans Canada West Planning District Development Plan. PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 86 10) A development permit shall be required for quarry / aggregate / mineral extraction operations or for the expansion of an existing extraction operation and shall include: a) In the case of Crown quarry minerals, proof of issuance of a Provincial Lease or Casual Permit under The Mines Act; b) A plan showing areas and means of disposing of overburden and routes for hauling the minerals; and c) A site plan showing the precise plan of operation, the manner in which extraction or development will occur, the means of visual buffering and noise and dust protection, and the intended use(s) of the site upon completion of the extraction phase. 11) No Natural Resource Development shall operate between the hours of 11p.m and 7a.m. 16.11 Non-Commercial Farms A Non-Commercial Farm shall comply with the following regulations: 1) The minimum site area for the Non-Commercial Farm shall be 2.02 ha. (5.00 acres). 2) The use of land or structures for the Non-Commercial Farm shall be limited to 1.33 Animal Units per 0.80 ha. (2.00 acres) of land. 3) The maximum size for the Non-Commercial Farm shall be less than 10.00 Animal Units. 4) 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: a) shall not be allowed in front of the dwelling unit in any Residential District b) shall not interfere with the use and enjoyment of adjacent land uses. 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 the Animal Units Conversion Table (Appendix D), or as determined by the Province of Manitoba. 7) A Non-Commercial farm can only developed in conjunction with a Single Family Dwelling. PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 87 8) All Non-Commercial Farms must be operated in accordance with all plans and documents approved as part of the application. 16.12 Planned Unit Developments, Residential A Planned Unit Developments shall comply with the following regulations: 1) Specific regulations in a Zoning District shall not directly apply to Planned Unit Developments. However, the project shall produce an environment of stable and desirable character and shall incorporate at least equivalent standards of building separation, parking, height and other regulations and regulations of this By-law. 2) An application for a Planned Unit Development shall include normal development permit regulations as well as an impact study that outlines the following information: a) economic, social and environmental benefits to the community; b) the effect on the general character of the area and adjacent areas; c) the effect on the general environment including, but not necessarily limited to, drainage, groundwater and erosion; d) the effect on Municipal services and the street system; and e) such additional information as required by Council. 3) The minimum site area for a Planned Unit Development shall be 4.05 ha. (10.00 acres). 4) The density of development shall not be increased from the normal density per gross hectare (acre) permitted in the Zoning District in which the proposed Planned Unit Development is located. 5) Planned Unit Developments shall be regulated through a site plan agreement or development agreement which is caveated against the title at the Land Titles office. 6) An overall landscaping plan shall be prepared. 7) Any public park areas shall be dedicated to the Municipality. 16.13 Small Animal Breeding and Boarding Establishment A Small Animal Breeding and Boarding Establishment shall comply with the following regulations: 1) They shall comply with all applicable Provincial and Municipal animal control and licensing By-laws. PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 88 2) The Small Animal Breeding and Boarding Establishment shall be carried out by an occupant of the dwelling unit. 3) One assistant, who is not a resident of the dwelling unit of the Small Animal Breeding and Boarding Establishment, may operate in and from the said dwelling unit. 4) If located within a Residential Use Class development, the Small Animal Breeding and Boarding Establishment shall be operated as a secondary use only, and shall not change the principal character or external appearance of the dwelling unit involved. 5) There shall be no retail sale of goods from within the dwelling unit of a Small Animal Breeding and Boarding Establishment. 6) The Small Animal Breeding and Boarding Establishment shall not create or become a nuisance by the way of noise, fumes, dust, odour, traffic or otherwise interfere with the use and enjoyment of adjacent land uses. 16.14 Vehicular - Oriented Uses 16.14.1 Applicability 1) The following Commercial Use developments shall comply with the regulations of this Section of the By-law: a) Drive-Through Food Services; b) Gas Bars; c) Service Stations; d) Rapid Drive-Through Vehicle Services; and e) Automated Teller Machines. 16.14.2 Development Regulations 1) Vehicular-oriented uses shall be located only where the Designated Officer or Council is satisfied that the development will not adversely affect the functioning of the surrounding public roadway. 2) The minimum frontage shall be 30.48 m. (100.00 ft.). 3) Service Stations and Rapid Drive-Through Vehicle Services shall have a minimum site depth of 30.48 m. (100.00 ft.). 4) Stacking space shall be provided as follows: a) For Drive-In Food Services and other Commercial Use developments having a drive-up service window, a minimum of six in-bound stacking spaces shall be provided for vehicles PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 89 approaching the drive-up service window. One out-bound stacking space shall be provided on the exit side of each service position and this space shall be located so as not to interfere with service to the next vehicle. b) For Rapid Drive-Through Vehicle Services, a minimum of five in- bound and three out-bound stacking spaces shall be provided for each service bay, except that in the case of a complete service car wash a minimum of ten in-bound and five out-bound stacking spaces shall be provided. c) For Automated Teller Machines, a minimum of three in bound stacking spaces shall be provided measured from the teller window or automated teller machine. d) All stacking spaces shall be a minimum of 5.49 m. (18.00 ft) long and 3.04 m. (10.00 ft) wide. Stacking lanes shall provide sufficient space for turning and manoeuvring. e) All stacking spaces shall be located so as not to block or interfere with the smooth flow of traffic to and from required off-street parking spaces or the driving aisles providing access to those spaces, or any adjacent street or lane through an approved access point. 5) Gas Bars and Service Stations shall comply with the following additional regulations: a) All pump islands and underground storage tanks shall be located at least 6.10 m. (20.00 ft) from any boundary of the site, parking area on the site, or laneways intended to control traffic circulation on the site. b) Refuelling areas are not permitted in a required parking area. c) A canopy over a pump island may extend to within 3.04 m. (10.00 ft) of the boundary of the site. The canopy area shall not constitute part of the site coverage for the purpose of this Section of the By- law. 16.15 Wayside Pits and Quarries New Wayside Pits and Quarries shall comply with the following regulations: 1) They shall be located at least: a) 1,524.00 m. (5,000.00 ft.) from the Urban Centres or Settlement Centres as identified in the Development Plan; b) 792.48 m. (2,600.00 ft.) from any Residential, Residential-Related, Basic Service and Community, Educational, Recreational and Cultural Service Use Class developments located outside the Urban Centres or Settlement Centres as identified in the Development Plan; and PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 90 c) 100.00 m. (328.00 ft.) from the edge of the rights-of-way of a Provincial Trunk Highway or Provincial Roads. 16.16 Secondary Suites 1) Secondary Suites shall comply with the following regulations: a) If required, by the Designated Officer, an Occupancy Permit has been issued by the Designated Officer. b) No more than one (1) secondary suite shall be permitted on each zoning lot. c) One additional accessory off-street parking space is provided for the exclusive use of the secondary suite. d) The secondary suite shall contain a kitchen, living area and bathroom. e) Home Occupations or Home Industries are not allowed in a secondary suite. f) The maximum site coverage, including the secondary suite, shall be no greater than what the applicable zoning district allows. g) All secondary suites shall comply with all building code standards. h) All secondary suites shall be connected to municipal sanitary sewer where such services are available as determined by the municipality. i) Accessible amenity outdoor space and landscaping with a minimum area of 9.29 sq. m. (100.0 sq. ft.) shall be available for use by the secondary suite tenants. 2) A Secondary Suite within a principal dwelling shall also comply with the following regulations: a) Shall only be located in a Single Family Dwelling that is owner- occupied and the lot is not less than 668.88 sq. m. (7,200.00 sq. ft.). b) The Single Family Dwelling and the secondary suite have an entrance separate from the principal dwelling, either from a common indoor landing or directly from the side or rear of the house. c) The secondary suite is not obtrusive so as to change the one family nature of the Single Family Dwelling. d) The maximum size for a secondary suite is 15 percent of the living area of the Single Family Dwelling or 78.96 sq. m. (850.0 sq. ft.), whichever is less. e) The minimum ceiling height shall meet the applicable building code. 3) A ground level Secondary Suite that is detached from the principal dwelling shall also comply with the following regulations: PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 91 a) A secondary suite shall not have a floor area less than 55.74 sq. m. (600.0 sq. ft.) or greater than 92.90 sq. m. (1,000.0 sq. ft.). b) The maximum height shall be 4.57 m. (15.0 ft.). c) The secondary suite shall be separated from the principal dwelling by a minimum of 3.05 m. (10.0 ft.). d) The secondary suite shall have the same side or corner side yard setback as the principal dwelling. e) The secondary suite shall have a minimum rear yard of 1.52 m. (5.0 ft.) in the RS Zoning District and 3.04 m. (10.0 ft.) in the other Residential Zoning Districts. f) A secondary suite shall not be allowed in any required front yards. g) The exterior of the secondary suite shall incorporate building materials, textures, and colours that are similar to those found on the principal dwelling as determined by the municipality. 4) A Secondary Suite located above a detached garage shall also comply with the following regulations: a) A secondary suite shall not have a floor area less than 37.16 sq. m. (400.0 sq. ft.) or greater than 74.32 sq. m. (800.0 sq. ft.). b) The maximum height shall be 7.62 m. (25.0 ft.). c) The secondary suite shall be separated from the principal dwelling by a minimum of 3.05 m. (10.0 ft.) d) The secondary suite shall have the same side or corner side yard setback as the principal dwelling. e) The secondary suite shall have a minimum rear yard of 1.52 m. (5.0 ft.) in the RS Zoning District.. f) Entrance to the secondary suite shall be directly from the exterior of the garage that is separate from the vehicle entrance to the garage. 16.17 Wind Turbine Generator Stations 1) A Wind Turbine Generator Station shall comply with the following site regulations: a) the minimum site area regulation shall be 2.83 ha. (7.00 acres); b) the minimum site width regulation shall be 167.64 m. (550.00 ft.); and c) the minimum front, side, corner side and rear yard regulations shall be 38.10 m. (125.00 ft.). 2) In addition to Section 16.17 (1) of this By-law, a wind turbine tower shall be setback a minimum of: a) 499.87 m. (1,640.00 ft.) from a dwelling unit or other habitable building, except for the dwelling unit of the landowner, operator, PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 92 site watchperson or caretaker, in which case the minimum setback shall be 1.50 times the total height of the wind turbine tower, measured from the existing grade to the uppermost point of the extension of any rotor blade; b) 1. times the total height of the wind turbine tower, measured from the existing grade to the uppermost point of the extension of any rotor blade, from all lot lines, 3URYLQcLaO KLJKZa\ RU railway rights-of-way and all other wind turbine towers and structures; c) 804.67 m. (2,640.00 ft.) from any Agricultural Area Land Use Designation, Rural Residential Area Land Use Environmental Development Land Use Designation as identified in Maps 1 of the Trans Canada West Planning District Development Plan; d) 3.00 kilometers (1.86 miles) from any Airport and Associated Facilities; and H) 60.96 m. (200.00 ft) from the of the top-of-bank line of a watercourse. 3) Notwithstanding Section 16.17 (2) of this By-law, in cases where a lot line defines and separates contiguous sites within a Wind Turbine Generator Station development, the minimum setback from the said lot line separating the wind turbine towers shall be 0.60 times the total height of the wind turbine tower, measured from the existing grade to the uppermost point of the extension of any rotor blade. 4) In addition to the standard development application submission regulations, the proponent of a Wind Turbine Generator Station shall also provide the following information to the satisfaction of the Designated Officer and Council, including: a) A detailed description of the proposed operation. b) The corporate identity and proof of property ownership or lease agreement provisions. c) A legal description of the land on which the proposed development is to occur, by lot, block, subdivision and registered plan numbers. d) The owner's (and applicant if different from owner) name, address, signature and interest in the land. e) A site plan showing the location of all proposed wind turbine towers, above or below ground electrical lines and other facilities relative to the boundaries of the site. f) Servicing needs. 5) For the purposes of this By-law, a Wind Turbine Generator Station development involving more than one site may, at the discretion of the Designated Officer or Council, be processed as a conditional use at the same PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 93 time, however, separate conditional use applications and any resulting conditional use orders shall be issued for each separate site. 6) Notwithstanding the above, a meteorological/research tower used for wind or climatic research shall be allowed as a permitted temporary use, subject to the issuance of a temporary development permit by the Designated Officer and the following additional regulations: a) Each temporary development permit shall be valid for a period of not more than two years and may not be renewed for more than one successive period of two years. 16.18 Care Homes A Care Home shall comply with the following regulations: 1) If the care home is within a Single-Family Dwelling, the maximum number of residents, excluding family members, is 4. 2) A care home shall not be located within 110.58 m. (330.00 ft.) of another care home. 3) A care home shall not generate pedestrian or vehicular traffic or parking in excess of that which is characteristic of the Zone in which it is located. 4) A care home shall be recognized, authorized, licensed or certified by the Province of Manitoba. 5) A care home shall meet or exceed all applicable building and fire safety regulations. 16.19 Boats, Utility Trailers and Motor Homes 1) Boats, utility trailers and motor homes may be stored in the Rear or Side Yard of a residential use class provided that: a) the rear or side yards are accessible; b) occupancy is prohibited during storage; and c) storage is not used for commercial purposes unless specifically allowed for in that Zoning District. 16.20 Hobby Poultry 1. For sites 4.0 acres or less a maximum of six (6) hens (no roosters) may be kept and for sites greater than 4.0 acres a maximum of ten (10) hens (no roosters) may be kept, subject to the following: PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 94 a) No person shall establish hobby poultry on a site without first obtaining a development permit; b) Only allowed on sites zoned RR2 or RR5 with a minimum site are of 0.81 ha. (2.0 ac.). c) The coop and enclosure must meet the following standards: i. located in the rear of the lot behind the dwelling and not located within the Accessory Building setbacks; ii. positioned a minimum of 4.6 m. (15 ft.) from any neighbouring property line; iii. kept in a clean and tidy manner as determined by the Designated Officer; and iv. enclosure must be covered entirely on all sides and top by chicken-grade fencing. 16.21 Backyard Bee Keeping 1. Backyard bee keeping must meet the following requirements: a) No person shall establish an apiary on a non-agricultural site without first obtaining a development permit; b) Hives are limited to a maximum of four (4) per site and must be set back at least 7.5 m. (25 ft.) from any site line. c) Concealed behind a solid fence 1.8 m. (6.0 ft.) in height; d) Only allowed on sites zoned RR2 or RR5 with a minimum site are of 0.81 ha. (2.0 ac.). 16.22 Solar Collectors 1) Any solar collector not connected to a building shall adhere to the same setbacks and height restrictions for accessory buildings in the zone in which the installation is situated. 2) A roof or mounted solar collector shall not exceed, in size, the total square footage of the principal structure. 3) A solar collector that is mounted on a roof can project a maximum of 1.50 m. (6.50 ft.) from the surface of the roof and shall not exceed the outermost edge of the roof. 4) A solar collector that is mounted on a wall can project a maximum of 0.60 m. (2.00 ft.) from the surface of that wall and shall be located a minimum of 2.4 m. (8.00 ft.) above grade. PART IV SPECIAL LAND USES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 95 5) Notwithstanding any other provision of this By-law, any Residential Use Class that incorporates a solar collector into the building design shall be classified as a conditional use. PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 96 PART V- DEVELOPMENT REGULATIONS PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 97 17.0 General Development Regulations 17.1 Applicability 1) The General Development Regulations apply to any development on any site, irrespective of the Zoning District in which it is located. 17.2 Access to Sites 1) All access locations and curb crossings on Municipal Roads shall require the approval of the Designated Officer. 2) All approaches shall be approved by the RM in accordance with existing municipal standards. 3) Permits for developments adjacent to controlled areas of the provincial highway system shall be required from the appropriate Provincial government agency. 4) Access to the site for vehicles shall be only by way of entrances and exits provided in accordance with the following: - Minimum width of an entrance or exit: 4.57 m. (15.00 ft.) - Minimum width of a combined entrance and exit: 7.62 m. (25.00ft.) - Maximum width of an entrance and exit: 7.62 m. (25.00 ft.) - Maximum width of a combined entrance and exit: 10.67 m. (35.00 ft.) - Minimum distance between any part of an entrance, exit or combined entrance and exit, and the intersection of street site lines or the intersection of a street site line and a side site line on a public lane: 4.57 m. (15.00 ft.) 17.3 Accessory Uses, Buildings and Structures 1) Accessory developments are permitted when accessory to a permitted use. 2) Accessory developments are conditional when accessory to a conditional use. 3) Where any building or structure on a site is attached to a principal building on the site by a roof, an open or enclosed structure above grade, a floor or a foundation which is above grade, or any structure below grade allowing access between the buildings such as a parking garage or a corridor or passageway connecting the buildings, it is a part of the building and is not an accessory building. PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 98 4) No accessory building or structure shall be constructed on any site prior to the time of construction of the principal building to which it is accessory. 5) No accessory building or structure shall be used as a dwelling unit. 6) Accessory buildings and structures shall be located on a site as follows: a) where the accessory building is attached to a main building, it shall be subject to, and shall conform to, all regulations of this By-law applicable to the principal building; and b) where the accessory building is detached from the principal building, it shall not be located closer than 3.05 m. (10.00 ft.) clear of all projections to the principal building, nor shall it be located closer to a public roadway than the front wall of the principal building, nor shall it be located closer than 1.52 m. (5.00 ft.) clear of all projections to another detached accessory building. 7) Accessory buildings or structures shall be subject to the regulations for that Zoning District. 8) Notwithstanding Section 17.3 (7) of this By-law, the maximum height of accessory buildings or structures on a site which abuts a site in a Residential District shall not be greater than the height of the principal buildings permitted in the said abutting Zoning District. 9) Any garage that is either attached or free standing shall not have a door height exceeding 3.05 m. (10.00 ft.) in the RS: Residential Single Family, and RMH: Mobile Home Residential Zoning Districts, or a door height exceeding 4,27 m. (14.00 ft) in the RR2: Rural Residential (2 ac) , RR5: Rural Residential (5ac), and LCR: Limited Commercial-Residential Zoning Districts. 10) No accessory building or structure shall be located within a dedicated easement or right-of-way. 17.4 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 structures to be erected, which shall be in accordance with any applicable lot grade by-laws or regulations. It shall be the continuing obligation of the property owner to maintain building grades for adequate site drainage and to ensure that the level of the surrounding fill at the building line shall not be less that the flood protection level. PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 99 17.5 Construction on Road Allowance 1) No building or structure shall be erected upon any land designated for a future road allowance by Council. Any development adjacent to said future road allowance shall comply with the regulations of the By-law as if the said future road allowance was already in existence. 17.6 Composting 1) The composting of private household material is permitted within all Zoning Districts. For the composting of any other material, with the exception of composting livestock manure and composting of deadstock that are regulated by the Province of Manitoba, Council may require a detailed engineering study from the applicant certifying that the proposed composting operation meets or exceeds all applicable regulations. 17.7 Connecting to Municipal Services 1) All new principal buildings constructed on a site that is serviced by Municipal sewer or water shall be connected to such services. 17.8 Excavation, Stripping and Grading 1) For the purpose of this Section of the By-law, excavation shall mean excavation other than for construction or building purposes, including but not limited to topsoil stripping and the construction of artificial bodies of water. 2) A person wishing to excavate, strip or grade land shall: a) comply with Municipal By-laws, as amended, that regulate the excavation, stripping or grading of land; and b) provide the following details in his/her development permit application: i. the location and area of the site on which the excavation, stripping or grading is to take place; ii. the existing land use and vegetation; iii. the type and dimensions of the excavation to be made, and the effect on existing drainage patterns; and iv. the condition in which the excavation is to be left when the operation is complete, or the final disposition to be made of the area from which the topsoil is to be removed, including the action which is to be taken for restoring the condition of the surface of the land to be affected, and for preventing, controlling or lessening the creation of erosion or dust from the land. PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 100 3) The Designated Officer shall consider every application for a permit to excavate land, and shall not issue a permit unless he/she is satisfied that: a) the operation will be carried out so as to create a minimum of dust and environmental disturbance; and b) the operation is one which, in the opinion of the Designated Officer, is reasonable, necessary for the use and development of the land in question. 4) The Designated Officer may require as a condition of issuing a permit to excavate land, that the applicant take the precautions and follow the methods prescribed by the Designated Officer for the prevention or control of dust or any other nuisance caused by the proposed operation, and for the reclamation of the site if required. 17.9 Fences 1) A fence shall be permitted in a required yard or on the boundaries of a required yard provided it complies with the fence regulations of this By- law. 2) A fence in a RS, , RR2, RR5, RMH, GD and LCR Zoning Districts: a) Shall not include electric fences or barbed wire fences. b) Shall not be higher, measured from the general ground level at 0.61 m. (2.00 ft.) from within the lot line of the site on which the fence is to be constructed, than 0.9 m. (3.00 ft.) in a required front yard; and 1.82 m. (6.00 ft.) in a required side or rear yard. 3) Notwithstanding 17.9 2) (b) the permitted height of a fence can be increased or decreased at the discretion of the Designated Officer to reflect the grade of surrounding sites. 4) A fence in all Zoning Districts, excluding the AR and AG Zoning Districts and those listed in 17.9 2): a) Shall not include electric fences or barbed wire fences except in the case of Commercial and Industrial Use Class developments where the top 0.60 m. (2.00 ft.) of the fence can be barbed wire for security purposes. b) Shall not be higher than 0.9 m. (3.00 ft.) in a required front yard; and 1.82 m. (6.00 ft.) in a required side or rear yard. 5) Notwithstanding the above, the maximum height of a fence for Public Education Service, Private Education Service, Public Utility Service or Public Park Use developments shall be 3.05 m. (10.00 ft.), excepting chain link fences for which there shall be no height limitation. PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 101 6) Notwithstanding the above, for Industrial and Commercial Use Class developments: a) the maximum height of a fence located in a rear yard shall be 3.66 m. (12.00 ft.). b) outside storage shall not be allowed to project above the height of the fence; and c) notwithstanding sub-clause 6(a) above, the maximum height of a fence and/or hedge located in a required front yard shall 1.82 m. (6.00 ft.) within the MG: Industrial General Zoning District. 7) Notwithstanding the above, the permitted height of a fence can be increased or decreased at the discretion of the Designated Officer to reflect the grade of surrounding sites. 8) An electric fence is allowed in the AR and AG Zoning Districts where an approved development is located but shall not include electrified barbed wire fences. 9) Permitted fencing materials in the RS, RT, RM, RR2, RR5, RMH, GD and LCR Zoning Districts include: - painted or pressure wood - concrete - ornamental block - brick - metal - dense evergreen plants - combination thereof of the above materials - any other material, subject to illustrations by a certified engineer or architect and approval by the Designated Officer. Further, the above noted fencing shall be uniformly painted/stained/treated and maintained to the satisfaction of the Designated Officer. 17.10 Flood Prone or Hazard Prone Lands and Lands Adjacent to Waterways 1) Notwithstanding any other provision of this By-law, the Designated Officer may: a) Refuse a building and/or development permit where the Council or Province has determined that the proposed building or structure is PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 102 to be located on lands subject to erosion, bank instability, sloughing or is to be located on low-lying wetlands having insufficient bearing strength to accommodate said building or structure; or b) Require that the proposed building or structure be constructed and located in such a manner as to negate the effects of the hazard as determined by a qualified engineer licensed in the Province of Manitoba. 2) Where development, dwellings and other principal buildings, attached garages, detached accessory buildings or buildings associated with high flood damage potential, are proposed for lands within flood risk areas below the 1 in 200 year flood level or flood of record (Refer to Reference Maps 1 and 2), whichever is greater, the following provisions shall apply: 3) The following provisions apply to dwellings and principal buildings: a) No dwelling or other principal building shall be constructed or placed on land where the vertical separation of the natural grade is more than 1.00 m. (3.3 ft.) below the flood protection level b) Dwellings and other principal buildings may be constructed or place on land where the vertical separation of the natural grade is less than 1.00 m. (3.3 ft.) below the flood protection level subject to the following requirements: i. The finished floor level of the main floor shall be located at least 0.91 m. (3 ft.) above the flood protection level; ii. The level of surrounding fill at the building shall not be less than 0.61 m. (2 ft.) above the flood protection level, and shall not slope more than .15 m. (6 in.) for a horizontal distance of 4.57 m. (15 ft.) from the building; iii. The bottom of all openings in the exterior walls for windows, doors and similar features shall be located at least 0.61 m. (2 ft.) above the flood protection level; iv. Basement walls and slabs shall be designed to withstand hydrostatic pressure; v. Electrical service panels and potable water shut off valves shall be located on the main floor; vi. Buildings with basements or crawl spaces below grade shall be protected with an approved weeping tile system connected to a sump pump which shall discharge onto the grade outside the building; vii. Backwater valves shall be installed on all building sewers at an approved location on the main building drain; PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 103 viii. The application for a development permit, as required by this By-law shall be accompanied by a statement form a Manitoba Land Surveyor or an engineer registered to practice in the Province of Manitoba, certifying that the site has been rough graded to the flood protection elevation as provide for in clause i); and ix. The flood level shall be specifically shown on a cross sectional drawing of the proposed building which shall accompany the application for a development permit. 4) The following provisions apply to attached garages a) The finished floor elevation shall be located at least 1 ft. above the flood protection level; and b) All land within 3.05 m. (10 ft.) of the exterior walls shall be raised by fill to the flood protection level. 5) The following provisions apply to all detached accessory buildings: a) No accessory building shall be located where the vertical separation between the natural grade and the flood protection level exceeds 1.0 m. (3.3 ft.). b) That portion of the building which is located below the flood protection level shall be constructed of masonry, pressure treated wood or other water-resistant material; and c) Any immovable equipment or hazardous material stored in the building shall be stored 1.0 m. (3.3 ft.) above the flood level. 6) Buildings used for the storage of hazardous materials that are buoyant, flammable, explosive or may be injurious to human, animal or plant life shall not be permitted in this area by Council if they are potentially hazardous or may endanger life and property. 7) All storage tanks for fuel or any other liquid shall be firmly anchored to prevent flotation and shall have the vent and filler pipes extended 0.91 m. (3 ft.) above the flood protection level. 8) The Designated Officer may require the owner of any proposed building within the designated flood risk area to provide appropriate drawings, certified by a professional engineer. 9) No building shall be located in this area in such a fashion as to hinder the movement of floodwaters. PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 104 10) The minimum setback requirement from waterways for activities which may have the effect of polluting the waters shall be determined by Council upon recommendation from Provincial government authorities. 11) The applicant shall, upon request of Council or the Planning District Board, submit evidence prepared by a licensed professional engineer of the Province of Manitoba to support the application for the development proposed to be located on land subject to flooding or land containing steep slopes. Such evidence may include bank stability, design of flood prevention works and evaluation of effects on flood stages and velocities. 12) Council may request the comments of the applicable Provincial authority where development or the use of land may have a detrimental effect on the water quality of the waterways, drainage ways and areas with excess surface water, or could alter, obstruct or increase flood velocities or stages. These comments will be used in part, as evidence for Council's approval or rejection of proposed development. 13) Council may require that the applicant provide, at his / her own expense, such flood levels, elevations, or other geotechnical data as may be required for its determinations with respect to subsections contained within this Section. 14) The minimum setback requirement from waterways and drainage ways for septic fields, livestock production operations, lagoons, waste disposal grounds and other similar uses or activities which may have the effect of polluting the waters or causing bank erosion shall be determined by Council upon recommendations from the applicable Provincial authority. 15) In the Unincorporated Village of Kola (see Map 4) no development application shall be approved for a permitted or conditional use on a site unless that portion of the site's land level which is to be used or built upon has been built up to the elevation of 1740.5 feet Canadian Geodetic Data, unless it is demonstrated by an engineer's analysis that there is no risk of flooding to the proposed development. 17.11 Hazardous Materials Storage 1) No commercial-related or industrial-related Bulk Storage Facility, Agricultural Crop Protection Warehouse or Agricultural Product Storage shall be located within: a) 804.65 m. (2,640.00 ft.) of the Urban and Rural Settlement Centres as identified in the Development Plan; PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 105 b) 304.80 m. (1,000.00 ft.) of a building used for human occupancy; and c) 100.00 m. (328.00 ft.) from the edge of the rights-of-way of Provincial Trunk Highways, Provincial Roads as well as all Provincial Access Roads. 17.12 Height of Features 1) In determining whether a development conforms to the maximum height permissible in any Zoning District, the following features shall not be considered for the purpose of height determination: chimney stacks, steeples, belfries, domes or spires, monuments, elevator housings, wind turbines, 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. 17.13 Land Drainage 1) A development permit shall be required for any drainage works undertaken on any lands, where it is proposed to alter or divert the natural course of a watercourse. 2) Notwithstanding any other regulation of this By-law, the 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. 17.14 Landscaping 1) Excluding Single Family Dwellings, for any new Commercial, Industrial and Residential Use Class development, land not covered in buildings, parking areas, on-site circulation areas, outdoor storage areas or display areas shall be landscaped with grass, trees or shrubs within one (1) year of a building permit being issued or as determined by the Designated Officer. 17.15 Lighting of Sites Outdoor lighting for any development: 1) Shall be low-glare in nature and located and arranged so that no direct rays of light are directed at any adjoining properties or interfere with the effectiveness of any traffic control devices. PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 106 2) All light fixtures shall be full cut off such that no portion of the lamp extends below the lowest point of the lamp housing. 3) If ground mounted, the maximum height shall be 10.67 m. (35.00 ft.). 4) Wall-mounted lights must have fully shielded luminaries to direct all light downward. 17.16 Moving of Structures 1) No person shall move any structure or part thereof off his/her property to any other location unless that structure or part is made to conform to the regulations of this By-law applicable to the Zoning District to which it is to be moved. 2) Before moving a building or portion to a new off-site location, the owner shall obtain a development permit and if required by the Designated Officer enter into an agreement with the Municipality containing an undertaking of the owner to pay all damages arising out of the move and such other terms and conditions as a Designated Officer deems necessary. 3) Upon completion of removal of a building from a site, the old foundation shall be removed, any excavation shall be filled, the ground shall be levelled and the site shall be put in a safe condition to the satisfaction of the Designated Officer. 17.17 Noxious or Offensive Uses 1) Nothing in this By-law, or in a development permit, approval or a conditional use order, variation order or other approval issued under this By-law or under the Act, shall be construed as authorization for the carrying out of any activity that is a nuisance. 17.18 Outdoor Solid Fuel Heating System Buildings or Structures An outdoor solid fuel heating system building or structure shall comply with the following regulations: 1) No person shall install an outdoor solid fuel heating system building or structure without first obtaining a development permit from the Designated Officer and no development permit to install an outdoor solid fuel heating system building or structure shall be issued unless all the regulations of this By-law have been satisfied. 2) No outdoor solid fuel heating system building or structure shall be located in the Urban Centres or Settlement Centres as identified in the PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 107 Development Plan, or within 1.61 km. (1.00 mile) of the boundaries thereof. 3) Outdoor solid fuel heating system buildings or structures are considered accessory uses and shall be developed in accordance with Section 17.3 of this By-law. 4) Notwithstanding Section 17.18 (3) of this By-law, an outdoor solid fuel heating system building or structure shall be located: a) Behind the rear wall of the principal building on the site. b) At least 15.24 m. (50.00 ft.) clear of all projections from the principal building or other accessory buildings or structures on the site. c) At least 15.24 m. (50.00 ft.) from any lot line. 5) The outdoor solid fuel heating system building or structure shall be developed in accordance with CSA building regulations, applicable Provincial building code regulations and the National Building Code. 6) Notwithstanding Section 17.12 of this By-law, the minimum height of any chimney that is part of an outdoor solid fuel heating system building or structure shall be 3.35 m. (11.00 ft.). 7) The minimum separation space between an outdoor solid fuel heating system appliance and the walls and ceiling of any building or structure within which it is located shall 1.52 m. (5.00 ft.). 17.19 Private and Semi-Private Swimming Pools and Hot Tubs A Private and Semi-Private Swimming Pool and Hot Tub shall comply with the following regulations: 1) They shall meet Provincial regulations and any applicable building code. 2) They shall be considered as being accessory to a permitted use and shall be developed in accordance with Section 17.3 of this By-law. 3) They shall be completely enclosed with a fence or other suitable barrier constructed or erected in accordance with the following: a) it shall have a minimum height of 2.0 m. (6.56 ft,.), which shall be self-closing and equipped with a lockable latch to prevent unauthorized entry; b) there shall be no entry other than an entry to a building or a gate and it shall be constructed so as to prevent a child from crawling under either the fence or gate; and c) the enclosure surrounding the swimming pool or hot tub shall be maintained in good repair. PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 108 4) They shall not be located directly under electrical service wires. 17.20 Ponds A Pond as determined by the Designated Officer (excluding a natural water course or licensed drain or ponds with the AL: Agricultural Limited or AG: Agricultural General Zoning Districts) shall comply with the following regulations: 1) All ponds require a development permit. 2) Ponds shall comply with the bulk regulations pertaining to accessory uses, buildings and structures. 3) If a pond is used as a swimming pool it shall comply with Section 17.19 of this By-law and the Manitoba Building Code. 4) If a pond is not used as a swimming pool, it shall meet the following regulations: a) The edge of the pond shall be rip rapped and have a 6:1 slope; or b) It shall be enclosed by 1.52 m. (5.00 ft.) fence. 5) Ponds are limited to a maximum site area of ten (10) percent of the property. 17.21 Projections into Yards The following features may project into a required yard as provided for below: 1) Uncovered walks, wheelchair ramps, trellises, flagpoles, lighting fixtures and lampposts. 2) Verandas, porches, eaves, 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, provided such projections do not exceed 0.91 m. (3.00 ft.). 3) Bay, oriel, or similar windows, provided that such projections do not exceed 0.91 m. (3.00 ft.). 4) Balconies and fire escapes, provided such projections do not exceed 0.91 m. (3.00 ft.). 5) Notwithstanding the provisions of Section 6.4.4, subsections (2), (3) and (4), above, are not subject to further variation or tolerance. PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 109 6) Any loading space required under the regulations of this By-law, provided it shall not be in a required front yard. 7) An off-street parking area when comprised of parking spaces required under this By-law, provided that no parking area in any Zoning District shall be located within the first 6.1 m. (20.00 ft.) of a required front yard or front separation space. This shall not prohibit the use of a required front yard for such walkways and driveways as the Designated Officer considers necessary. 8) The Designated Officer may allow an obstruction or exception not listed in this By-law, provided the obstruction or exception will have no greater impact on surrounding properties than those permitted. 9) In all Residential Districts no person shall keep in any part of a site: a) Any commercial vehicle, loaded or unloaded, of a maximum weight exceeding 6,804.00 kg. (15,000.00 lb.) gross vehicle weight. b) Any dismantled or wrecked vehicle for more than fourteen consecutive days unless otherwise authorized under any applicable derelict vehicle by-laws or regulations. c) Any object or chattel which, in the opinion of the Designated Officer or Council, is unsightly or tends to adversely affect the amenities of the area. d) Any above-ground or below-ground Bulk Storage Facility. 17.22 Special Setbacks 1) No dwelling unit shall be located within 400.00 m. (1,312.00 ft.) of the boundary of any active waste disposal ground unless: a) a Certified Professional Engineer of Manitoba determines that there will be no migration of methane gas; and b) approval has been obtained from Manitoba Conservation. 2) No dwelling unit shall be located within 457.20 m. (1,500.00 ft.) of the boundary of a Municipal sewage lagoon. 3) No dwelling unit shall be located within 152.40 m. (500.00 ft.) from the edge of a right-of-way established for the transmission of high-pressure natural gas or the transmission of hydroelectricity in excess of 100 kilovolts. PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 110 4) No dwelling unit shall be located within 30.48 m. (100.00 ft.) from the edge of a railway right-of-way that is in active use. New multi-lot developments adjacent to an active railway may be required to conform to the Federation of Canadian Municipalities' Guidelines for New Development in Proximity to Railway Operations. 5) No dwelling unit or farm building shall be located within 500 m. (1,640.00 ft.) of 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) Any development proposal to establish a dwelling unit, farm building or structure that exceeds a height of 30.48 m. (100.00 ft.), or to establish a shelterbelt or similar obstruction within the flight approaches of an Aircraft Landing Field for a distance of 1.61 km. (1.00 mile), shall be deemed to be a conditional use. 7) Notwithstanding other provisions of the By-law, a dwelling unit within 500.00 m. (1,640.00 ft.) of the property limits of an active quarry site shall be deemed a conditional use. 8) No building, structure, parking area, shelterbelt, hedge or stockpiling of materials exceeding a height of 0.91 m. (3.00 ft.) above grade shall be located within a triangular area of any lot adjacent to an intersection of two public streets, with the sides of the triangular area being measured a distance of 3.05 m. (10.00 ft.) along each lot line from the point of intersection. 9) For the purpose of side yard regulations, the following dwellings that have common party walls shall be considered as one building occupying one lot: Two Family Dwellings, Semi-Detached Dwellings, Townhouse Dwellings and Multiple Family Dwellings. Side yard regulations shall not apply along the common party walls. 10) In the case of a corner lot, the front yard shall be the yard abutting the front lot line. 11) Despite Section 17.22 (10) of this By-law, the Designated Officer may require any corner lot to provide an additional front yard or yards other than that required, having regard to the orientation and access of adjacent developments. 12) 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. PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 111 13) Buildings, structures and hedges adjacent to Provincial Trunk Highways, Provincial Roads and Provincial Access Roads shall be setback in accordance with The Transportation Infrastructure Act. 14) In areas where a specific flood risk has not been identified, dwellings and principle buildings shall be set back from natural waterways a distance of at least 10 times the height of the bank from the normal high water mark or 60.00 m. (200.00 ft.), whichever is greater, as determined by the Designated Officer. These limits may be reduced, at the discretion of Council, if verified by an engineering analysis. 15) Bulk propane, solid fertilizer or bulk oil storage, sales and service facilities shall comply with all federal and provincial regulations and shall not be located closer than 182.88 m. (600.00 ft.) to a dwelling unit. 16) No animal confinement facility shall be permitted within 152.4 m. (500 ft.) of any watercourse. 17) No new livestock auction marts, animal confinement facility or expansion of same shall be located within 804.6 m. (2640 ft) of the established boundary of the Town of Virden or an Urban Centre or Settlement Centre as established in the Development Plan. 18) No habitable dwelling or mobile home shall be constructed or located within 304.8 m. (1000 ft.) of a livestock auction mart, excluding an owner or operator's dwelling for the livestock auction mart. 17.23 Metal Shipping Containers Metal Shipping Containers shall comply with the following regulations and shall only be allowed in all Agricultural and Industrial Zoning Districts: 1) If on-site for less than 90 days per calendar year: a) Shall be classified as a Temporary Use. b) Shall be located to the rear and/or side of the principal building. c) For sites less than 1.00 hectare (2.27 acres) there shall be no more than 2 metal storage containers; for sites between 1.00 hectares (2.27 acres) and 2.00 hectares (4.94 acres) there shall be no more than 4 metal storage containers; and for sites greater than 2.00 hectares (4.94 acres) there shall be no more than 6 metal storage containers. d) Shall comply with Section 17.3 and 17.27 of this By-law. 2) If on-site for more than 90 days per calendar: a) Shall be classified as an Accessory Use. PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 112 b) Shall be located to the rear and/or side of the principal building. c) Shall be placed on a minimum 6 inch thick compacted gravel base, or base built to a higher standard. d) Within the Agricultural zones, shall be painted to match the colour of the principal building. e) Containers shall not be stacked. f) For sites less than 1.00 hectare (2.27 acres) there shall be no more than 640 square feet of site area covered by storage containers; for sites between 1.00 hectares (2.27 acres) and 2.00 hectares (4.94 acres) there shall be no more than 1280 square feet of site area covered by storage containers; and for sites greater than 2.00 hectares (4.94 acres) there shall be no more than 1920 square feet of site area covered by metal storage containers. g) Shall comply with Section 17.3 of this By-law. h) Notwithstanding any other provisions of this By-law, Metal Shipping Containers or similar uses as determined by the Designated Officer are classified as a Conditional Use. 17.24 Canvas Buildings 1) Canvas buildings or buildings with similar material as determined by the Designated Officer are allowed in the Rural Residential and Agricultural Zoning Districts and shall comply with regulations in Section 17.3 as well as each Zone Site Regulations for Accessory Uses, Buildings and Structures. 17.25 Lots Adjacent to Stormwater Retention Areas 1) If the property has been subject of a development agreement between the Municipality and the owners of the lands, the yards required by those agreements are not affected by the enactment of this By-law and continue to apply to those lands until those agreements are terminated by the parties. If the property has not been the subject of a development agreement stating a specific minimum yard requirement from the stormwater retention area, then the following minimum rear yards apply: (a) 15. 24 m. (50.00 ft.) measured from the rear lot line to any temporary use or structure and open swimming pool; (b) 22.86 m. (75.00 ft.) from the rear lot line to any detached accessory building; and (c) 29.00 m. (95.00 ft.) from a rear lot line to any principal building. 17.26 Building Restrictions Adjacent to Airports PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 113 1) All developments shall adhere to the policies of the Virden Regional Airport Masterplan. 2) No buildings or structures shall be erected within 60.96 m. (200.00 ft.) strip parallel to and on either side of the centerline of a runway; and 243.84 m. (800.00 ft.) from either end of a runway. 3) No building constructed around an airport shall exceed the following height restrictions: a) no building along the edge of a runway shall exceed a height of 0.31 m. (1.0 ft.) vertical for every 1.54 m. (5.00) ft. measured horizontally from the edge of the runway strip, as illustrated below; and b) no building located in the takeoff or approach paths to a runway shall exceed a height of 0.31 m. (1.0 ft.) vertical for every 7.62 m. (25.00) ft. measured horizontally from the ends of the runway strip and diverging ten (10) percent from the extension of the edges of the runway, as illustrated below. Figure 14: Plan View of Building Restrictions Adjacent to Airports Figure 15: Three Dimensional View of Building Restrictions Adjacent to Airports PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 114 17.27 Temporary Buildings, Structures and Uses 1) A development permit for a temporary building, structure or use shall be subject to such terms and conditions as required by Council or the Designated Officer. 2) In determining whether a building, structure or use is temporary, the Designated Officer or Council shall take the following factors into consideration: a) the nature of the principal use, if any, with which it is associated with. b) the practically of removing the facility at the end of the period, given the time of the year and the equipment required to remove it. c) the actual duration of similar uses in the RM. ` 3) 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. 4) In all cases, temporary buildings and structures shall not exceed 92.90 sq. m. (1,000.00 sq. ft.) in area and one storey or 4.57 m. (15.00 ft.) in height, and: a) may be used as an office space for the contractor or developer. b) may be used as a temporary placement of concrete and asphalt batch plants that are incidental to and necessary for highway construction and maintenance. c) shall not be used for human habitation, except as temporary accommodation for a caretaker, watchman or construction workers. d) shall not be detrimental to the public health, safety, convenience and general welfare, nor detract from the aesthetic value of the neighbourhood. e) unless stated in this By-law or in the terms of the permit, the temporary use shall cease to operate 30 days after the approval of the permit. f) all temporary signs associated with the temporary use or structure shall be removed when the activity ends. g) the temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site. h) if the property is undeveloped, it shall contain sufficient land area to allow the temporary use or structure to occur, as well as any parking and traffic movement that may be associated with the temporary use. PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 115 i) tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property. j) a temporary use is not permitted unless sufficient off-street parking is provided to accommodate anticipated parking needs associated with the temporary use. k) a temporary use shall be compatible in intensity, characteristics and appearance with surrounding land uses, with the Designated Officer or Council considering such factors a location, access, traffic generation, noise, light, dust control, and hours of operation 5) in addition to the above noted requirements for Temporary Buildings and Uses, seasonal sales areas: shall not reduce the number of required off- street parking or loading spaces below the minimums required by this By- law; obstruct any vehicular circulation route into or through the property: and are limited to a maximum of 60 days per each calendar year. 6) in addition to the above noted requirements for Temporary Buildings and Uses, farm produce outlets are limited to between April1st to October 31st. 7) in addition to the above noted requirements for Temporary Buildings and Uses, temporary construction trailers or buildings shall be removed from the premises within one month after completion of construction. 8) the Designated Officer or Council may impose such conditions on any temporary use and require such guarantees as deemed reasonable and necessary to protect the public interest and to ensure compliance with the standards and purposes of this zoning by-law and the Planning District Development Plan. 18.0 Parking and Loading Parking and Loading Requirements 18.1 General 1) When any new development is proposed, including a change of use of existing development, or when any existing development is enlarged or increased in capacity, then provision shall be made for off-street vehicular parking or garage spaces in accordance with the regulations and standards contained in this Section of the By-law. 2) Where a proposed use is not listed in Table 3, the parking regulation shall be determined by Council which may either determine that the proposed PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 116 use is similar to one which is listed, or the Designated Officer shall make his/her own determination as to the regulation. 3) Where the parking space regulation is determined by reference to a unit such as the number of bedrooms or seats, floor area, the next higher number shall be required where the calculation results in a fractional number of parking spaces. 4) In the case of the multiple use of a site, the Designated Officer shall calculate the parking required for each individual use and the total shall be deemed to be the required parking for the site, unless the applicant can demonstrate to the satisfaction of Council through a parking demand study that there is a complementary use of the parking facilities which would warrant a reduction in the parking regulations. 18.2 Parking and Loading Development Standards 1) Except as provided below, each required non-residential off-street parking space shall be a minimum of 2.59 m. (8.50 ft.) in width, and a minimum of 5.49 m. (18.00 ft.) in length, exclusive of access drives or aisles, ramps, or columns. Such spaces shall have a vertical clearance of at least 1.98 m. (6.50 ft.). For parallel parking, the length of the parking spaces which shall be increased to 6.71 m. (22.00 ft.), except than an end space with an open end shall be a minimum of 5.49 m. (18.00 ft.). For parking spaces other than parallel parking spaces, up to 15.00 percent of the required parking spaces may be of a length shorter than that required above, to a minimum of 4.58 m. (15.00 ft.). PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 117 Table 3 Off Street Parking Regulations Use Class Parking Spaces Required Residential and Residential-Related Use Classes Bed and Breakfast Home Institutional Residence Mobile Home Dwelling Multiple Family Dwelling Single Family Dwelling Two Family Dwelling 1.00/Sleeping Accommodation 1.00/each 2 Dwelling or Sleeping Units 1.00/Dwelling Unit 2.00/Dwelling Unit 1.00/Dwelling Unit 1.00/Dwelling Unit Commercial Use Classes Hotel and Motel Eating and Drinking Establishment Convenience and General Retail Stores All Other Commercial Establishments 1.00/Guest Room or Sleeping Unit 1.00/4 Seats or 1.00/9.29 sq. m. (100.00 sq. ft.) of floor area, whichever is greater 1.00/18.60 sq. m. (200.00 sq. ft.) of floor area 1.00/23.20 sq. m. (250.00 sq. ft.) of floor area Industrial Use Classes All Industrial Establishments 1.00/92.90 sq. m. (1,000.00 sq. ft.) of floor area or 1.00/5 employees, whichever is greater Agricultural Use Classes Agri-Business and Agricultural Implement Sales and Service Establishments 1.00/92.90 sq. m. (1,000.00 sq. ft.) of floor area or 1.00/5 employees, whichever is greater Community Services Use Classes Indoor Participant Recreation Service, Religious Assembly, Outdoor Participant Recreation Service, Private Club, Public Library and Cultural Exhibit, and Community Recreation Service Extended Medical Treatment Service Public and Private Education Service Government Service Child Care Service Funeral Service 1.00/5 Seating spaces or 3.05 m. (10.00 ft.) of bench space. Where there are no fixed seats, 1.00/each 9.29 sq. m. (100.00 sq. ft.) of floor area devoted to the assembly room floor area 2.00/Bed 1.50/Classroom, plus 1.00/each 9.29 sq. m. (100.00 sq. ft.) of floor area devoted to public use 1.00/51.10 sq. m. (550.00 sq. ft.) of floor area 1.00/2 Employees 1.00/5 Seating places les shall be a minimum of 7.01 m. (23.00 ft.) wide for 90.00 PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 118 18.3 Accessible Parking Spaces 1) Out of the total number of required off-street parking spaces, the owner must provide a portion of those spaces so as to be accessible to persons with disabilities. Each such space: (a) the width of each required accessible space must be a least 3.05 m. (10.00 ft.); and for every 10 accessible parking spaces required to be provided, at least 1 space must be a minimum of 2.44 m. (8.00 ft.) wide and must have an adjacent loading and manoeuvring area of at least 2.44 m. (8.00 ft.); (b) must be located within 60.96 m. (200.00 ft.) of major building entrances used by residents, employees, or the public; and (c) must include signage reserving the space for the use by persons with disabilities. 2) At least 1 curb ramp must be located within 30.48 m. (100.00 ft.) of the auto parking space closest to each entrance to a principal or accessory building that is not a service entrance. 18.4 Off Street Loading 1) When any new development is proposed including a change of use of existing development, or when any existing development is, in the opinion of the Designated Officer, substantially enlarged or increased in capacity. 19.0 Signs 19.1 General 1) No person shall erect a sign without first obtaining a development permit from the Designated Officer and no development permit to erect a sign shall be issued unless all the sign regulations of this By-law have been satisfied. 2) Where regulations of this By-law are inconsistent with the regulations respecting signs on or near public highways under the jurisdiction of Manitoba Infrastructure, the more restrictive regulations shall apply. 3) Signs are considered accessory uses and shall be developed in accordance with Section 17.3 of this By-law. 4) No sign shall be erected, operated, used or maintained which: PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 119 a) due to its position, shape, colour, format or illumination obstructs the view of, or may be confused with, an official traffic sign, signal or device, as determined by the Designated Officer or Council; b) display lights resembling the flashing lights usually associated with danger or those used by police, fire, ambulance and other emergency vehicles; c) allows a swinging motion; d) except for Community Service Clubs, Religious Assemblies, and General Advertising Signs, is not related to any business upon the site where the sign is located; e) is located on a public right-of-way or sidewalk; and f) contains a trademark or emblem other than a trademark or emblem that is registered or copyrighted in the name of the applicant. 5) Where a sign contravenes the regulations of this By-law, Council may, by notice in writing, order the owner or the person responsible for the contravening sign to take such measures as are specified in the notice to alter the sign so that it complies with the regulations of this By-law, or remove the sign. 19.2 Abandoned Signs 1) Where a Designated Officer finds a sign to be abandoned, the Designated Officer may, after resolution of Council, by notice in writing or by registered mail, order the registered owner, the person in possession of the site or building or the person responsible for the abandoned sign to remove the sign within twenty days after receipt of the notice, or take such measures as are specified in the notice to alter and refurbish the sign so that it correctly identifies the business, or the products and services offered on the site where the sign is displayed. 2) Failure to remove abandoned or unlawful signs, or to comply with the measures specified in the notice by Council, shall result in the removal of the sign by the Municipality with the owner or the person responsible for the contravening sign assuming liability for all removal costs. 19.3 General Sign Regulations 1) Quality, aesthetic character, and finishing of sign construction shall be to the satisfaction of the Designated Officer or Council. 2) No signs shall be erected in the Residential District except those expressly provided for in this Section of the By-law. 3) Where the architectural design and appearance of a building facade for a multiple business occupancy are uniform, signs or individual businesses PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 120 located on the same facade shall, in the opinion of the Designated Officer or Council, be similar as to proportion, materials, and placement such that they present a pleasing architectural appearance. 4) For the purposes of this Section of the By-law, where a lot is occupied by more than one business (i.e. multiple occupancy) each business shall be considered a separate business. 19.4 Canopy, Awning, Fascia and Freestanding Signs 1) Fascia signs shall not have letters over 0.61 m. (2.00 ft.) high and which exceed 80.00 percent of the building width. 2) Free standing signs are limited to no more than one per lot, except on a corner lot or through lot. The Designated Officer or Council may allow more than one free standing sign if warranted by the circumstances. 3) No canopy sign shall be erected over a public thoroughfare which: a) extends horizontally beyond a line drawn perpendicularly distant to and 0.61 m. (2.00 ft.) in from the line of the curb; b) extends more than 1.98 m. (6.50 ft.) over the public thoroughfare; c) is less than 3.05 m. (10.00 ft.) above the public thoroughfare measured from the lowest portion of such canopy; d) is supported on posts or by braces, brackets or supports on or extending over a public thoroughfare except where the braces, brackets or supports are hidden from view and above the height of the roof line of the canopy; e) is constructed in such a manner that drainage from the canopy falls on any public thoroughfare. 4) No awning sign shall be erected over a public thoroughfare that: a) extends more than 1.98 m. (6.506 ft.) over the public thoroughfare; b) is less than 2.44 m. (8.00 ft.) above the public thoroughfare measured from the lowest portion of the awning including any fringe thereupon; or c) is supported by pillars or posts or by braces, brackets or supports on or extending over such public thoroughfare except where the braces, brackets or supports are hidden and above the height of the roof line of the awning. 19.5 Portable (Mobile) Signs 1) Notwithstanding anything elsewhere contained in this By-law, the following regulations shall apply to portable signs: PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 121 a) portable signs are only allowed in the CG: Commercial General, CH: Commercial Highway, MB: Industrial Business, or MG: Industrial General Zoning Districts; b) the maximum sign surface area of a portable sign is 4.65 sq. m. (50.00 sq. ft.); c) there shall be no more than one portable sign per lot, except that for a lot with multiple occupancy there can be a maximum of two portable signs. Where there is more than one portable sign, the signs shall be a minimum of 19.81 m. (65.00 ft.) apart; d) a portable sign shall comply with the yard regulations of the Zoning District within which it is located; e) flashing or scintillating portable signs are prohibited; f) no portable sign shall be placed in such a way that it may interfere with, obstruct the view of, or be confused with an authorized traffic signal, warning sign or other regulatory or informational device, and in no circumstances shall it be located within 3.05 m. (10.00 ft.) from the nearest part of any exit or entrance driveway; g) the maximum height of a portable sign shall be 3.05 m. (10.00 ft.) measured from grade to the highest part of the sign; and h) no portable sign shall be permitted on the same lot as an electronic reader board sign. i) the maximum duration a portable sign shall be located on a site is ninety (90) consecutive days. Following this ninety (90) day period, a minimum of thirty (30) days shall expire before a new permit for a portable sign can be authorized by the Designated Officer. j) a portable sign shall not be located within 12.19 m. (40.00 ft.) of any free-standing sign of any Residential zoned boundary, measure radically from any point of the sign surface of the portable sign. PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 122 TABLE 4 Sign Regulations Use Class Types of Signs Maximum Sign Area Maximum Sign Height Residential and Residential-Related Identification Real Estate 0.37 sq. m. (4.00 sq. ft.) 1.49 sq. m. (16.00 sq. ft.) 3.05 m. (10.00 ft.) 6.10 m. (20.00 ft.) Agricultural and Natural Resource Identification Real Estate 2.97 sq. m. (32.00 sq. ft.) 1.49 sq. m. (16.00 sq. ft.) 10.67 m. (35.00 ft.) 6.10 m. (20.00 ft.) Commercial and Industrial Business Identification (if attached to a building only) Business Identification (if free standing only) Business Identification (if attached to a building and free standing) Real Estate 25.00 percent of the building face for each business (with only the front wall of the building facing the public street being eligible), to a maximum of 18.58 sq. m. (200.00 sq. ft.) for single occupancy and a combined maximum of 55.74 sq. m. (600.00 sq. ft.) for multiple occupancy 18.58 sq. m. (200.00 sq. ft.) for a single occupancy site and 83.61 sq. m. (900.00 sq. ft.) for a multiple occupancy site 37.16 sq. m. (400.00 sq. ft.) for a single occupancy site, 55.74 sq. m. (600.00 sq. ft.) for a multiple occupancy site of two businesses, 74.32 sq. m. (800.00 sq. ft.) for a multiple occupancy site of three businesses and 92.90 sq. m. (1,000.00 sq. ft.) for a multiple occupancy site of more than 3 businesses 2.97 sq. m. (32.00 sq. ft.) 10.67 m. (35.00 ft.) 10.67 m. (35.00 ft.) 10.67 m. (35.00 ft.) 6.10 m. (20.00 ft.) Community Services Identification Sign (if attached to a building or free standing) Real Estate 2.32 sq. m. (25.00 sq. ft.) if the site abuts the site of a Residential Use Class development and 4.65 sq. m. (50.00 sq. ft.) in other Zoning Districts 1.49 sq. m. (16.00 sq. ft.) 10.67 m. (35.00 ft.) 6.10 m. (20.00 ft.) PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 123 19.6 Temporary Signs 1) Notwithstanding anything elsewhere contained in this By-law, the following regulations shall apply to a temporary sign that provides information dealing with a land development project: a) the maximum sign surface area is 13.94 sq. m. (150.00 sq. ft.); b) the sign shall comply with the yard regulations of the Zoning District within which it is located; c) the sign shall be placed in such a way that it will not interfere with, obstruct the view of, or be confused with an authorized traffic signal, warning sign or other regulatory or informational device, and in no circumstances shall it be located within 3.05 m. (10.00 ft.) from the nearest part of any exit or entrance driveway; d) the sign is only allowed to be placed at the location of the land development project; e) the sign shall be removed within thirty days of the last sale of any lots or buildings or at the discretion of the Designated Officer; and f) the applicant shall pay the applicable fees and sign a letter indicating that they will comply with these regulations. 2) Notwithstanding anything elsewhere contained in this By-law, the following regulations shall apply to other temporary signs: a) the maximum sign surface area shall be 4.65 sq. m. (50.00 sq. ft.); b) the sign shall comply with the yard regulations of the Zoning District within which it is located; c) the sign shall be placed in such a way that it will not interfere with an authorized traffic signal, warning sign or other regulatory or informational device, and in no circumstances shall it be located within 3.05 m. (10.00 ft.) from the nearest part of any exit or entrance driveway; d) the sign shall be removed within seven days after the date of the advertised community event or at the discretion of the Designated Officer; and e) the applicant shall pay the applicable fees and sign a letter indicating that they will comply with these regulations. 19.7 Advertising Signs 1) Notwithstanding the above, general advertising signs shall comply with the following regulations: a) The maximum sign surface area shall be 27.87 sq. m. (300.00 sq. ft.); b) The maximum sign height shall be 7.62 m. (25.00 ft.); PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 124 c) No general advertising sign shall be placed in such a way that it will interfere with an authorized traffic signal, warning sign or other regulatory or informational device; d) No general advertising sign shall be placed within 304.80 m. (1,000.00 ft.) of another authorized general advertising sign; e) General advertising signs are only allowed in the following locations: i. Along PTH No. 1 ii. Along PTH No. 21 iii. Along PTH No. 41 iv. Along PTH No. 83 v. Along PRs 256, 257 and 259 f) General advertising signs are a conditional use within the CH, RL. RG, and RCI Zoning District; g) Council may impose additional conditions on the installation of a general advertising sign deemed necessary to protect adjacent sites and the public welfare; and h) General advertising signs shall also comply with all regulations of The Transportation Infrastructure Act. 20.0 Performance Standards 20.1 Performance Standards for Industrial Use Class Developments 20.1.1 Applicability All Industrial Use Class developments shall comply with the performance standards of this Section of the By-law and other requirements in applicable Federal, Provincial or Municipal legislation. Where in the opinion of the Designated Officer, a use may not comply with the said performance standards or requirements, he/she may require that the applicant submit a statement from a Certified Professional Engineer of Manitoba confirming that the proposed use satisfies the said performance standards or requirements. 20.1.2 Emission of Air and Water Contaminants 1) No operations or activity shall emit air and water contaminants in excess of the standards prescribed by the Province of Manitoba pursuant to The Environment Act and the regulations pertaining thereto. 20.1.3 Noise 1) No activity or operation shall cause, or permit to be caused, a noise level at or inside the lot line of a site in a Residential Zoning District which PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 125 exceeds the regulations of the Province of Manitoba pursuant to The Environment Act and regulations pertaining thereto, or applicable municipal noise by-laws or regulations. 20.1.4 Appearance 1) All Industrial Use Class developments in the MB Zoning District shall comply with the following appearance standards: a) All loading, service, trash collection and accessory storage areas, and trucking yards shall be located to the rear or sides of the principal building and shall be screened from view from any public roadway and from adjacent sites, by building walls, landscape materials, berms, fences or a combination thereof, from the ground to a height of 1.98 m. (6.50 ft.). b) The Designated Officer may require that exposed projections outside the building such as mechanical and electrical equipment, transformer ducts, and materials handling equipment be screened from view from any public roadway, or from adjacent sites if, in his/her opinion, such projections are inconsistent with the character and appearance of surrounding development or the intended visual qualities of the said Zoning District. c) All buildings shall be constructed and finished with durable materials designed to maintain the initial appearance of the development throughout the life of the project. The Designated Officer may require that the appearance of metal, or concrete block walls exposed to public view from beyond the site be improved where, in his/her opinion, such walls are inconsistent with the finishing materials or appearance characteristic of surrounding development. 2) Any use or activity in the MG Zoning District shall comply with the following appearance standards: a) All outdoor service, assembly, trash collection and storage areas including the trucking yards associated with such activities shall be located to the rear or sides of the principal building. Loading and trash collection facilities serving office, warehouse and similar developments, where the handling or assembly of goods is carried on within a building, shall be allowed to the rear, sides or front of the principal building. b) Outside display areas are permitted to the side or front of the principal building, provided that such displays are limited to examples of equipment or material related to the industry or business located on the site. PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 126 20.2 General Performance Standards for Residential Use Class Developments Residential uses shall comply with the following standards: 1) In any development, the design, use of exterior finishing materials and construction shall be to the satisfaction of the 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. 2) 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. 20.3 General Performance Standards for Commercial Use Class Developments Commercial uses shall comply with the following standards: 1) All commercial developments: a) shall be designed to: i. convey an image of cohesive appearance and architectural character; ii. ensure that offices, reception and public use areas are easily identifiable and visible from the public roadway; and b) shall be constructed and finished with durable materials to maintain the initial appearance of the development throughout the life of the project. 2) The Designated Officer or Council may require that the appearance of walls exposed to public view from beyond the site of a commercial development be combined with other materials where, in his/her or Council's opinion, such walls are inconsistent with the finishing materials or appearance characteristics of surrounding developments. 3) The location of the principal building on a site of a commercial development shall take into account: a) the setbacks and building placements on adjacent sites; and b) the micro-climatic effects including shading of adjacent buildings or sites. 4) Garbage collection, loading, storage or outdoor service areas for commercial developments shall be developed in accordance with Section 17.14 of this By-law and the following: PART V DEVELOPMENT REGULATIONS RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. Page 127 a) All outdoor storage shall be related to the business on the site. b) There shall be no outdoor storage of objects or chattels which, in the opinion of the Designated Officer or Council are unsightly or adversely affect the character or appearance of the site or surrounding developments. PART VI - ZONING MAPS " " " " " " " " " " " " " " " " SIOUX VALLEY SIOUX VALLEY DAKOTA NATION DAKOTA NATION 66 66 66 11 36 36 36 36 31 31 31 31 31 31 11 11 11 11 11 11 11 11 11 11 11 66 66 66 66 66 66 66 66 66 66 66 66 36 36 36 36 36 36 36 36 36 36 36 36 36 36 36 36 31 31 31 31 31 31 31 31 31 31 36 36 31 31 36 36 36 36 31 31 31 31 31 31 31 31 11 31 31 Range 25W Range 23W Range 26W Range 23W Township 12 Township 11 Range 25W Range 24W Township 10 Range 24W ² 1 ² 24 ² 21 ² 83 ú ù 254 ú ù 259 ú ù 259 ú ù 254 ú ù 564 ú ù 255 ú ù 455 14 14 11 11 12 12 12 12 30 30 23 23 21 21 35 35 35 35 32 32 3 4 5 9 7 29 29 25 25 16 16 18 18 20 20 34 34 9 3 5 13 13 34 34 17 17 20 20 2 4 5 10 10 13 13 19 19 28 28 19 19 21 21 17 17 18 18 7 9 8 29 29 16 16 19 19 10 10 8 14 14 15 15 30 30 24 24 18 18 20 20 3 32 32 33 33 2 17 17 19 19 2 8 11 11 29 29 30 30 30 30 25 25 35 35 Pope Pope Maskawata Maskawata Sioux Valley Sioux Valley Harmsworth Harmsworth Routledge Routledge Lenore Lenore Kenton Kenton RM of Wallace-Woodworth Zoning By-Law 03/2019 Reference Map 1: Assiniboine River flood potential o 0 1 2 0.5 0.5 Miles Miles 0 2 4 1 Kilometres Kilometres Assiniboine River flood extents (2011/2014) Municipal boundary Assessment parcel Date Date September 27, 2018 September 27, 2018 Coordinate System Coordinate System NAD 1983 UTM Zone 14N NAD 1983 UTM Zone 14N Notes The Assiniboine River flood extents feature depicts the amalgamated bounds of both flood extents of the Assiniboine River in years 2011 and 2014. In total and as of Sep 27, 2018, the flood extent comes into contact with 199 assessed properties within the RM of Wallace- Woodworth. Saskatchewan RM of RM of Wallace-Woodworth Wallace-Woodworth RM of Whitehead RM of Whitehead RM of RM of Ellice-Archie Ellice-Archie M of M of Riverdale Riverdale RM of RM of Oakview Oakview RM of RM of Pipestone Pipestone M of M of Prairie Prairie View View RM of Sifton RM of Sifton M of Hamiota M of Hamiota Town of Town of Virden Virden TWP 9 TWP 10 TWP 12 TWP 13 TWP 11 RNG 24 RNG 23 RNG 29 RNG 25 RNG 28 RNG 27 RNG 26 Map extent Bosshill Creek Gopher Creek Gopher Creek Bosshill Creek Scallion Creek CPR-Broadview CPR-Rocanville CPR-Broadview Flow to Assiniboine River U V 259 U V 83 U V 257 U V 1 N ̶ Flood Zone and Depth For 0.5% (200 Year) Flood 250 0 250 500 m NAD 1983 UTM Zone 14N 1:25,000 Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Legend 200 Year (0.5%) Flood Depth 0 to < 0.5 m 0.5 to < 1 m 1 to < 2 m 2 to < 3 m 3 to < 4 m 4 to < 5 m 5 to < 6 m Designated Drains Town of Virden Reference Map 2: 200 Year Flood Extent - Bosshill/Gopher/Scallion Creeks $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ S a s k a t c h e w a n S a s k a t c h e w a n S a s k a t c h e w a n S a s k a t c h e w a n R M o f E l l i c e - A r c h i e R M o f E l l i c e - A r c h i e T o w n o f V i r d e n R M o f P i p e s t o n e R M o f P i p e s t o n e M o f P r a i r i e V i e w M o f P r a i r i e V i e w R M o f S i f t o n See Map 1b RNG 25W RNG 29W RNG 28W RNG 26W RNG 27W RNG 28W RNG 26W RNG 29W RNG 27W P i p e s t o n e C r e e k A s s i n i b o i n e R i v e r TWP 10 TWP 11 TWP 12 06 06 01 01 36 36 36 36 06 31 31 01 01 01 01 01 01 01 01 01 01 01 01 06 06 06 06 06 06 06 06 06 06 06 06 06 06 06 36 36 36 36 36 36 36 36 31 31 31 31 31 31 31 31 31 36 36 36 36 31 31 31 31 31 31 31 31 31 01 01 06 06 ² 1 ² 1 ² 1 ² 83 ² 83 ² 41 Elkhorn Elkhorn See Map 3 See Map 3 Kirkella Kirkella See Map 2 See Map 2 Kola Kola See Map 4 See Map 4 Hargrave Hargrave See Map 5 See Map 5 Virden fringe Virden fringe See Map 6 See Map 6 ú ù 259 ú ù 257 ú ù 257 ú ù 256 ú ù 542 ú ù 256 ú ù 256 ú ù 257 RM of Wallace-Woodworth Zoning By-Law 03/2019 Map 1a o Zoning RG - Rural General 0 1 2 0.5 Miles 0 2 4 1 Kilometres Date December 04, 2018 Coordinate System NAD 1983 UTM Zone 14N Other features Community Pasture Wildlife Management area Municipal boundary Water body Provincial Trunk Highway Provincial Road ² ú ù R M o f W a l l a c e - W o o d w o r t h R M o f W a l l a c e - W o o d w o r t h Map Extent $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ SIOUX VALLEY DAKOTA NATION R M o f W h i t e h e a d R M o f W h i t e h e a d M o f R i v e r d a l e M o f R i v e r d a l e To w n o f V i r d en R M o f O a k v i e w R M o f O a k v i e w R M o f P i p e s t o n e R M o f P i p e s t o n e R M o f S i f t o n R M o f S i f t o n See Map 1a See Map 1a RNG 26W RNG 23W RNG 23W RNG 25W RNG 24W RNG 24W RNG 25W A ssi ni bo i ne River Assiniboine Ri ver Assiniboine Rive r TWP 11 TWP 10 TWP 12 06 01 36 36 36 31 31 31 31 01 01 01 01 01 01 01 01 01 01 01 01 01 01 06 06 06 06 06 06 06 06 06 06 06 06 06 06 06 36 36 36 36 36 36 36 36 36 31 31 31 31 31 36 36 36 31 31 31 31 31 31 01 36 31 ² 1 ² 21 ² 21 ² 21 Lenore Lenore See Map 7 See Map 7 Kenton Kenton See Map 8 See Map 8 Harding Harding See Map 9 See Map 9 Virden Virden fringe fringe See Map 6 See Map 6 ú ù 257 ú ù 259 ú ù 254 ú ù 259 ú ù 254 ú ù 259 RM of Wallace-Woodworth Zoning By-Law 03/2019 Map 1b o Zoning RG - Rural General 0 1 2 0.5 Miles 0 2 4 1 Kilometres Date December 04, 2018 Coordinate System NAD 1983 UTM Zone 14N Other features Community Pasture Wildlife Management area Municipal boundary Water body Provincial Trunk Highway Provincial Road ² ú ù R M o f W a l l a c e - W o o d w o r t h R M o f W a l l a c e - W o o d w o r t h Map Extent PLAN No. PLAN N 2640 PLAN No. PLAN PLAN PLAN No. V35 1 PLAN No. V96 187 PLAN No. 50 PLAN No. 10 3 1 2 4 5 6 7 8 13 9 11 12 1 2 3 10 27 28 26 19 29 12 11 13 18 53 40 46 47 30 39 54 63 78 87 107 110 94 88 101 95 70 71 77 64 65 69 96 100 106 105 104 102 103 38577 PLAN No. PARCEL A 38577 PLAN PARCEL B 38577 PLAN PARCEL C PARCEL G PARCEL H PARCEL E PARCEL F PARCEL C PARCEL D 42383 No. 50 PLAN No. V120 50 PLAN No. PLAN No. 45691 RG RG RG RG GD GD Pr ovi ncial Trunk Highway 1 Maple Avenue Maple Avenue Main Avenue Main Avenue Prospect Drive Prospect Drive Road 70N Road 70N Road 170W Front Street Front Street Road 69N Road 69N Road 171W Road 171W 15 15 12-29W 12-29W 27 27 12-29W 12-29W 16 16 12-29W 12-29W 21 21 12-29W 12-29W 28 28 12-29W 12-29W 22 22 12-29W 12-29W o Zoning RG - Rural General GD - General Development Other features Survey parcel Provincial Highway/Road Other Road 0 400 800 1,200 Feet 0 100 200 300 Metres Date May 08, 2019 RM of Wallace-Woodworth Zoning By-Law 03/2019 Community of Kirkella Map 2 Coordinate System NAD 1983 UTM Zone 14N R M o f W a l l a c e - W o o d w o r t h R M o f W a l l a c e - W o o d w o r t h Map extent 2 1 3 1 4 2 9 7 6 1 5 2 26 14 13 1 8 3 2 1 Q L K F 2 A U R 7 5 3 1 1 2 Pt.9 4 1 Pt.8 4 1 Pt.12 9 1 5 1 2 1 Pt.11 9 8 1 8 1 Pt.12 1 13 19 24 19 13 Pt.12 8 7 1 8 7 1 19 13 12 9 10 1 7 8 6 1 6 1 12 9 8 4 1 29 24 23 21 20 18 17 9 8 1 28 19 18 19 13 12 11 9 8 6 5 1 30 21 20 18 17 15 14 1 9 8 1 28 18 9 8 1 1 10 11 20 20 11 10 1 11 4 7 8 5 10 1 7 13 19 8 12 1 10 1 7 13 19 11 20 8 12 1 10 1 7 13 19 11 20 8 12 1 10 1 7 13 19 11 20 8 12 1 10 1 7 13 19 11 20 8 12 1 10 1 7 13 19 11 20 8 12 20 11 10 1 19 13 12 8 7 1 12 PLAN NO. 82 11 PLAN N0. 76 13 PLAN F PLAN No. 76 PLAN No. 1533 H PLAN No. 76 PLAN No. 203 K PLAN No. 76 PLAN No. 215 9 PLAN No. 76 10 PLAN No. 76 D PLAN No. 76 E PLAN No. 76 16 82 No. PLAN 22934 1 PL AN No. 237 20 PL AN No. 237 20 2 7 PLAN 45974 PLAN No. 76 PLAN PLAN No. 81 4 5 PLAN No. 2939 6 3 PLAN No. 2939 2 PLAN No. 2939 1 PLAN No. 2939 A PL. 2939 38 37 36 35 34 33 32 31 B C PLAN No. PLAN 2168 No. 2939 15 PLAN No. 82 44 43 PLAN No. 237 1 PL AN No. 2059 30 29 28 27 26 25 24 No. PLAN 2168 PLAN No. 685 PLAN No. 673 PLAN No. 1576 A PLAN No. 1021 A 41 42 PLAN No. 244 SS PLAN No. 46355 3 Parcel A PLAN 40468 42381 No. PLAN PLAN 37975 Parcel A 3 PLAN NO. 58646 CANADIAN PACIFIC RAILWAY PLAN NO. 43672 CANADIAN PACIFIC RAILWAY PLAN NO. 43672 1 2 42012 1 2 3 5 4 SS PLAN No. 46355 8 10 11 12 NE-33-11-28-W NW-34-11-28-W SW-3-12-28-W NW-34-11-28-W SW-3-12-28-W 4 1 PLAN 54579 52778 PLAN 15 17 Pa rce l B Pa rce l A Parcel B Parcel C 44066 PLAN NO. PLAN 59220 PLAN 60594 9 PLAN 58342 RL RL CH CH CG CG RL RL CR CR MB MB MB MB RS RS RS RS RS RS RS RS RS RS MB MB RR2 RR2 MG MG PRI PRI PRI PRI PRI PRI CG CG CG CG CG CG CH CH RL RL CR CR CR CR PRI PRI MB MB < 600' > < 600' > RR2 RR2 MB MG MG RG RG RG RG RG RG Maharg Avenue Maharg Avenue Second Street South Second Street South Second Street Second Street Cushing Avenue Cushing Avenue Provincial Trunk Highway 1 Provincial Trunk Highway 1 Railway Street Railway Street Maharg Maharg Avenue Avenue Bantry Street Bantry Street Fraser Avenue Fraser Avenue Hopps Avenue Hopps Avenue First Street First Street Wilson Street Wilson Street EEllkk SSttrr eeeett Travis Street Travis Street EE aa ss tt BB aa yy DD rr ii vv ee Third Third Street Street Glengariff Street Glengariff Street Th ii rr dd SS tt rr ee ee tt SSoo uu tt hh Tralee Street Tralee Street Road 66N Road 66N Wexford Street Wexford Street Road 66N Road 66N Fourth Street Fourth Street Fourth Street South Fourth Street South Fifth Street Fifth Street Fifth Street South Fifth Street South Kildare Street Kildare Street Grange Street Grange Street Richhill Avenue Richhill Avenue Richhill Avenue Richhill Avenue Road 164W Road 164W Cavendish Street Cavendish Street Cavendish Street South Cavendish Street South o Zoning RG - Rural General RL - Rural Limited RR2 - Rural Residential 2 acre RS - Residential-Serviced CG - Commercial General CH - Commercial Highway CR - Community Reserve MB - Industrial Business MG - Industrial General PRI - Parks, Recreation, Institutional Other features Survey parcel Provincial Highway/Road Other Road 0 400 800 1,200 Feet 0 100 200 300 Metres Date April 04, 2019 RM of Wallace-Woodworth Zoning By-Law 03/2019 Community of Elkhorn Map 3 Coordinate System NAD 1983 UTM Zone 14N P ro vincial Trunk Highw ay 1 33 33 11-28W 11-28W 4 12-28W 12-28W 2 12-28W 12-28W 3 12-28W 12-28W 34 34 11-28W 11-28W 35 35 11-28W 11-28W Community of Elkhorn Mapped Area R M o f W a l l a c e - W o o d w o r t h R M o f W a l l a c e - W o o d w o r t h Map extent PLAN PLAN No. 1370 PLAN 1181 No. Pcl. A Pcl. B PLAN 1181 1 PLAN 1557 46 45 42 49 38 41 50 37 PLAN 1459 NO. 35 34 36 Public Reserve 1 4 5 8 2 3 PLAN NO. 1808 3 4 2 PLAN NO. 1952 1 2 Pcl. 1 PLAN 1810 PLAN NO. 1384 15 16 19 12 11 Pt. 20 21 33 28 27 6 7 10 26 1 5 Pt. Public Reserve PLAN NO. 1459 PLAN NO. 1459 2123 PLAN PLAN 1683 Pcl. A PLAN NO. 1683 Parcel B 1 PLAN 1952 PLAN 1683 Parcel C Parcel C 1 4 2 3 PLAN No. 1227 PLAN 38868 1 1 4 2 3 PLAN 41907 PLAN NO. 1452 PLAN 43419 NO. PCL. A PCL. B 2 3 PLAN No. 1253 RG RG RR2 RR2 GD GD GD GD Provincial Road 257 Provincial Road 257 Provincial Road 542 Provincial Road 542 Spruce Spruce Street Street Elm Street Elm Street Road 58N Road 58N Birch Birch Street Street Poplar Street Poplar Street Fourth Avenue Fourth Avenue Fifth Avenue Fifth Avenue Second Avenue Second Avenue Third Avenue Third Avenue First Avenue First Avenue Road 171W Road 171W 28 28 10-29W 10-29W 16 16 10-29W 10-29W 21 21 10-29W 10-29W 27 27 10-29W 10-29W 15 15 10-29W 10-29W 22 22 10-29W 10-29W o Zoning RG - Rural General RR2 - Rural Residential 2 acre GD - General Development Other features Survey parcel Provincial Highway/Road Other Road 0 400 800 1,200 Feet 0 100 200 300 Metres Date April 04, 2019 RM of Wallace-Woodworth Zoning By-Law 03/2019 Community of Kola Map 4 Coordinate System NAD 1983 UTM Zone 14N R M o f W a l l a c e - W o o d w o r t h R M o f W a l l a c e - W o o d w o r t h Map extent S.S. PLAN No. PLAN PLAN 1580 PLAN 28215 1580 PL. (Closed By B.L. 1387) PLAN 1829 No. S.S. PLAN 42866 PLAN No. 91 2 1 3 11 9 1 8 1 10 12 14 17 13 18 1 9 Pcl. A Pcl. B 1 1 Pcl. C 42379 50 2 RG RG GD GD Railway Street Railway Street Provincial Trunk Highway 1 Wallace Street Wallace Street R o ad 158W Road 62N Road 62N Road 158W Road 158W NE 10 NE 10 11-27W 11-27W NW 11 NW 11 11-27W 11-27W SW 14 SW 14 11-27W 11-27W SE 15 SE 15 11-27W 11-27W o RG - Rural General GD - General Development Other features Survey parcel Provincial Highway/Road Other Road 0 200 400 600 Feet 0 50 100 150 Metres Date December 05, 2018 RM of Wallace-Woodworth Zoning By-Law 03/2019 Community of Hargrave Map 5 Coordinate System NAD 1983 UTM Zone 14N RM of Wallace-Woodworth RM of Wallace-Woodworth Map extent Zoning RG RG RG RG RG RG RG RG RL RL RL RL RL RL RL RL MG MG PRI PRI RR2 RR2 MG MG MG MG MG MG MG MG RR2 RR2 CH CH MG MG RR2 RR2 RR2 RR2 RR2 RR2 PRI PRI MG MG < 1565' > < 765' > 100'> PRI PRI MB MB "A" "B" "C" See Map 6 Detail "D" PPrroovviinncciiaall TTrruunnkk HHiigghh w w aayy 8833 Provincial Road 257 Provincial Road 257 PPrroovviinncciiaall TTrruunnkk HHiigghhw waayy 11 PPrroovviinncciiaall RRooaadd 225599 Road 151W Road 151W Road Road 152W 152W RRooaadd 115544 W W Road Road 59N 59N Road 153W Road 153W Road 152W Road 152W Road 58N Road 58N Road 56N Road 56N Road 155W Road 155W Cemetery Road Cemetery Road Road 57N Road 57N Commonwealth Drive Commonwealth Drive Road 59N Road 59N Road 155W Road 155W Road 60N Road 60N Road 56N Road 56N Road 15 22 W W Road 58N Road 58N Road Road 151W 151W Road 154W Road 154W Road Road 55N 55N 28 28 10-26W 10-26W 29 29 10-26W 10-26W 4 11-26W 11-26W 24 24 10-26W 10-26W 25 25 10-26W 10-26W 6 11-25W 11-25W 32 32 10-26W 10-26W 33 33 10-26W 10-26W 11 11 10-26W 10-26W 14 14 10-26W 10-26W 13 13 10-26W 10-26W 20 20 10-26W 10-26W 3 11-26W 11-26W 22 22 10-26W 10-26W 27 27 10-26W 10-26W 34 34 10-26W 10-26W 12 12 10-26W 10-26W 17 17 10-26W 10-26W 2 11-26W 11-26W 35 35 10-26W 10-26W 9 10-26W 10-26W 21 21 10-26W 10-26W 23 23 10-26W 10-26W 26 26 10-26W 10-26W 8 10-26W 10-26W 10 10 10-26W 10-26W 1 11-26W 11-26W 36 36 10-26W 10-26W T o w n o f V i r d e n RM of Wallace-Woodworth Zoning By-Law _____ Virden - fringe Map 6 o Zoning RG - Rural General RL - Rural Limited RR2 - Rural Residential 2 acre CH - Commercial Highway MB - Industrial Business MG - Industrial General PRI - Parks, Recreation, Institutional Other features Survey parcel Provincial Highway/Road Other Road 0 1,000 2,000 3,000 Feet 0 300 600 900 Metres Date May 17, 2019 DRAFT Coordinate System NAD 1983 UTM Zone 14N MG MG Provincial Road 259 Provincial Road 259 PPrroovviinncciiaa ll TTrruunnkk HHiigghhw waayy 11 Road 154W Road 154W Road 59N Road 59N R M o f W a l l a c e - W o o d w o r t h R M o f W a l l a c e - W o o d w o r t h Map extent RR2 RR2 MG MG Provincial Trunk Highway 1 Provincial Trunk Highway 1 Road Road 152W 152W Road 58N Road 58N Town of Virden Town of Virden MG MG MG MG MG MG RR2 RR2 CH CH <250'> <250'> < 708' > < 708' > Provincial Trunk Highway 1 Provincial Trunk Highway 1 Road 57N Road 57N Road 151W Road 151W Detail at "A" Detail at "A" Detail at "B" Detail at "B" Detail at "C" Detail at "C" RL RL RR2 RR2 RR2 RR2 RR2 RR2 PRI PRI MG MG PRI PRI PPrroovviinncciiaall RRooaadd 225577 Provincial Trunk Highway 83 Provincial Trunk Highway 83 Road 56N Road 56N A nn nnii vv eerraarryy RRooaadd RR o ad 152W Road 152W Road 152W Cemetery Road Cemetery Road 15 15 10-26W 10-26W 22 22 10-26W 10-26W 16 16 10-26W 10-26W 9 10-26W 10-26W 21 21 10-26W 10-26W 10 10 10-26W 10-26W T o w n o f V i r d e n T o w n o f V i r d e n o Zoning RG - Rural General RL - Rural Limited RR2 - Rural Residential 2 acre MG - Industrial General PRI - Parks, Recreation, Institutional Other features Survey parcel Provincial Highway/Road Other Road 0 400 800 1,200 Feet 0 100 200 300 Metres Date January 24, 2019 RM of Wallace-Woodworth Zoning By-Law 03/2019 Virden - fringe Map 6 Detail "D" Coordinate System NAD 1983 UTM Zone 14N Map extent RG RG GD GD GD GD 131 4 3 1 2 NO. PLAN A C 124 (V. Div.) NO. PLAN 30297 PLAN 903 NO. PLAN S.P. S.P. 22 20 16 15 11 10 1 10 1 10 1 2258 NO. 131 PLAN NO. PLAN 129 2258 NO. PLAN 131 NO. PLAN PLAN NO. 21 20 19 18 16 13 12 10 9 8 6 5 4 3 2 1 24 18 17 22 17 16 11 11 20 16 15 11 10 1 Provincial Road 259 Provincial Road 259 Road Road 65N 65N Assiniboine Avenue Assiniboine Avenue Keith Street Keith Street Main Street Main Street Charles Street Charles Street Road 65N Road 65N RRaa ii ll wwaa yy AA vv ee nn uu ee Road 143W Road 143W 31 31 11-24W 11-24W 30 30 11-24W 11-24W o RG - Rural General GD - General Development Other features Survey parcel Provincial Highway/Road Other Road 0 200 400 600 Feet 0 50 100 150 Metres Date December 05, 2018 RM of Wallace-Woodworth Zoning By-Law 03/2019 Community of Lenore Map 7 Coordinate System NAD 1983 UTM Zone 14N RM of Wallace-Woodworth RM of Wallace-Woodworth Map extent Zoning CG CG RG RG <300'> <300'> < 490' > < 490' > < 900' > < 900' > CG CG RS RS RS RS RS RS MB MB CR CR RS RS RS RS PRI PRI PRI PRI CR CR PRI PRI PRI PRI CR CR < 755' > < 755' > <250'> <250'> 1465 PLAN PLAN PLAN PLAN 32048 V89 PLAN NO. 32385 126 147 PLAN NO. 891 PLAN PLAN PLAN NO. 1491 1465 NO. PLAN 904 NO. NO. 717 NO. PLAN NO. PLAN NO. PLAN NO. NO. 1579 NO. V89 NO. 563 PLAN NO. 563 PLAN 32601 PLAN NO. PLAN 176 126 PLAN 1483 PLAN 1790 PLAN 1225 544 PLAN NO. 662 PLAN 1483 NO. W.C.W. PLAN NO. 1338 PLAN NO. NO. NO. PLAN NO. 8 1 9 19 1 3 4 1 7 1 2 3 7 Pcl.A Pcl. B Pcl. D 1 1 10 1 10 1 10 1 10 22 11 11 22 22 11 22 11 17 16 16 17 16 17 16 17 32 25 24 17 16 29 2 4 20 13 12 9 8 1 5 4 Pcl. 3 PCL. A PCL. B Pcl. A 1 2 3 8 PCL. 1 PCL. B DPCL. E PCL. 1 1 4 PCL. A 1 2 3 4 W.C.W. PLAN NO. 1391 PLAN 42918 35969 1 PLAN PLAN 35969 2 1 6 8 3 PLAN 35969 PLAN NO. 35869 35869 PLAN 35869 PLAN 129 904 PLAN No. 49723 1 PLAN No. 49723 3 Pcl. C Pcl. B Pcl. A 57673 No. PLAN No. PLAN PU BLIC R ESERVE PLAN 48780 PLAN No. 54878 PLAN No. 51466 1 PCL. A PCL. B PCL. C Provincial Road 259 Provincial Road 259 Earl Earl Street Street Lawlor Avenue Lawlor Avenue Railway Avenue Railway Avenue Gould Avenue Gould Avenue G G rr eeyy SS tt rr ee ee tt AA rr tt hh uu rr SS tt rr ee ee tt Road 138W Road 138W Cornwall Street Cornwall Street Woodworth Avenue Woodworth Avenue 7 12-23W 12-23W 6 12-23W 12-23W o RG - Rural General RS - Residential-Serviced CG - Commercial General CR - Community Reserve MB - Industrial Business PRI - Parks, Recreation, Institutional Other features Survey parcel Provincial Highway/Road Other Road 0 200 400 600 Feet 0 50 100 150 Metres Date April 04, 2019 RM of Wallace-Woodworth Zoning By-Law 03/2019 Community of Kenton Map 8 Coordinate System NAD 1983 UTM Zone 14N RM of Wallace-Woodworth RM of Wallace-Woodworth Map extent Zoning GD GD RG RG 49 1 2 28 5 PCL.A 16 10 27 3 9 12 4 1 1 4 3 11 NO. 2337 PLAN PLAN 2337 PLAN S.P. PLAN NO. NO. 191 S.P. PLAN NO. 235 NO. PLAN PLAN PLAN S.P. PLAN 191 V121 NO. 2337 NO. NO. NO. 235 NO. 191 32421 PLAN 2 3 1 NO. 44243 PLAN PLAN NO. 32421 A B C D Provincial Road 259 Provincial Road 259 Church Street Church Street 134W 134W JJ oo hh nn SS tt rr ee ee tt 3 12-23W 12-23W 10 10 12-23W 12-23W o RG - Rural General GD - General Development Other features Survey parcel Provincial Highway/Road Other Road 0 200 400 600 Feet 0 50 100 150 Metres Date December 05, 2018 RM of Wallace-Woodworth Zoning By-Law 03/2019 Community of Harding Map 9 Coordinate System NAD 1983 UTM Zone 14N RM of Wallace-Woodworth RM of Wallace-Woodworth Map extent Zoning APPENDICES RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. APPENDIX A ZONING TABLE APPENDIX A - ZONING DISTRICTS TABLE RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. APPENDIX B PERMITTED AND CONDITIONAL USE TABLE Appendix B - RM of Walllace Woodworth Zoning By-law Permitted and Conditional Uses P - Permitted Use C - Conditional Use Use Classes (1) RS RR2 RR5 RC/S RMH CG CTR CH MB MG RL RG PRI SL CR LCR GD RCI Agricultural Use Class $baWWRLU & & $JUL%XVLQHVV & & 3 & 3 & 3 $JULcXOWXUaO $cWLYLWLHV & 3 3 3 3 $JULcXOWXUaO &URS 3URWHcWLRQ :aUHKRXVH & & & & & & $JULcXOWXUaO ,PSOHPHQW 6aOHV aQd 6HUYLcH & 3 3 & 3 & & $JULcXOWXUaO 6XSSRUW ,QdXVWU\ & 3 & 3 $QK\dURXV $PPRQLa & 6Hc 12 &RPPXQaO )aUP 'ZHOOLQJ 3 3 &RPSRVWLQJ & 3 & & (TXHVWULaQ (VWabOLVKPHQW & 3 & )aUP 3URdXcH 2XWOHW & 3 3 & & 3 )aUPVWHad 'ZHOOLQJ 3 3 3 *aPH )aUP ZLWK /HVV 7KaQ 1 $8 & & *HQHUaO ,Qd aQd %XV )aUP 'LYHUVLILcaWLRQ 3 3 & /LYHVWRcN 2SHUaWLRQV /HVV 7KaQ 3 $8 & 3 & 6Hc 1 /LYHVWRcN 2SHUaWLRQ 3 $8 RU 0RUH & 6Hc 1 1RQ&RPPHUcLaO )aUP & & 3 3 & & 6Hc 111 6HcRQdaU\ )aUP 'ZHOOLQJ & & & 6SHcLaOL]Hd $JULcXOWXUH & 3 & 9acaWLRQ )aUP 2SHUaWLRQ & & & Use Classes (1) RS RR2 RR5 RC/S RMH CG CH MB MG RL RG PRI SL CR LCR GD RCI Commercial Use Class $LUcUaIW /aQdLQJ )LHOd & & & $PXVHPHQW (VWabOLVKPHQW & & & & & $QLPaO 6KHOWHU aQd 9HWHULQaULaQ 6HUYLcH & & 3 & 3 & & 3 $XcWLRQHHULQJ (VWabOLVKPHQW & & & & 2) & 2) 3 $XWRPRWLYH aQd (TXLSPHQW 5HSaLU 6KRS & & 3 & 2) & 2) & 3 $XWRPRWLYH aQd 5HcUHaWLRQaO 9HKLcOH 6aOHV 3 & & & %URadcaVWLQJ aQd 0RWLRQ 3LcWXUH 6WXdLR & & & & & %XLOdLQJ 0aWHULaO 6aOHV & & 3 3 & 3 %XVLQHVV 6XSSRUW 6HUYLcH 3 3 3 3 3 3 3 &aU %URNHU & & & & & & 6Hc 14 &aUQLYaO & & & & & & &RPPHUcLaO 5HVRUW & & &RPPHUcLaO 6cKRRO & 3 3 & &RQWUacWRU 6HUYLcH *HQHUaO & & & 3 & 2) & 2) & 3 Use Specific Standards Industrial Community Agricultural Residential Mixed Use Commercial (1) - Accessory Uses incidental to a principal use are allowed in all Zoning Districts. (2) - Only if no suitable site is available in a Settlement Centre or Business Area or other appropriately zoned area. (3) - Only when accessory to a permitted use Appendix B - RM of Walllace Woodworth Zoning By-law Permitted and Conditional Uses P - Permitted Use C - Conditional Use Use Classes (1) RS RR2 RR5 RC/S RMH CG CTR CH MB MG RL RG PRI SL CR LCR GD RCI Use Specific Standards Industrial Community Agricultural Residential Mixed Use Commercial Commercial Use Class (cont'd) &RQWUacWRU 6HUYLcH /LPLWHd & 3 3 3 & 2) & 2) & 3 & 3 &RQYHQLHQcH 9HKLcOH 5HQWaO & 3 3 3 & 3 &XVWRP 0aQXIacWXULQJ (VWabOLVKPHQW & & 3 3 3 3 3 'ULYH7KURXJK )RRd 6HUYLcH & 3 & & 6Hc 114 (aWLQJ aQd 'ULQNLQJ (VWabOLVKPHQW & 3 & 3 3 & & (TXLSPHQW 5HQWaO aQd 6aOHV & 3 3 & 3 )OHHW 6HUYLcH 3 3 3 )XQHUaO 6HUYLcH & & & *aV %aU & 3 3 & & 3 6Hc 114 *UHHQKRXVH 3OaQW 7UHH 1XUVHU\ 3 3 3 3 3 & 3 & 3 +HaOWK 6HUYLcH 3 3 & & +RWHO & 3 & & +RXVHKROd 5HSaLU 6HUYLcH & & 3 3 & 0LQL:aUHKRXVH aQd 6HOI6WRUaJH & 3 & & 3 0RbLOH &aWHULQJ )RRd 6HUYLcH & & 3 3 & & 0RWHO & 3 & & 1RQ$ccHVVRU\ 3aUNLQJ & 3 3 & 2XWdRRU $PXVHPHQW (VWabOLVKPHQW 3 & & & 2) & 2) 3HUVRQaO 6HUYLcH 6KRS 3 3 3 3 3 3HW &HPHWHU\ & & 3HW *URRPLQJ 3 & & 2) & 2) 3 & 3OacH RI $VVHPbO\ & 3 & 3 3 3 & 3ULYaWH &OXb & & 3 & 3URIHVVLRQaO )LQaQcLaO 2IILcH 6XSSRUW 6HUYLcH 3 &+ 3 3 3 & 5aSLd 'ULYH7KURXJK 9HKLcOH 6HUYLcH & & 3 3 & 3 6Hc 114 5Hc\cOLQJ 'HSRW & & & & & & 5HWaLO 6WRUH *HQHUaO 3 3 3 & & 6HUYLcH 6WaWLRQ & 3 & 3 & 3 6Hc 114 6LJQ $dYHUWLVLQJ & & & & 6Hc 1 6PaOO $QLPaO %UHHdLQJ%RaUdLQJ (VWabOLVKPHQW & & 3 & & & 6Hc 113 6SHcWaWRU (QWHUWaLQPHQW (VWabOLVKPHQW & 3 3 & 3 3 & 6WRUaJH *HQHUaO & 3 & 2) & 2) & 7RXULVW &aPSVLWH & 3 & & 3 & & 7UXcN aQd 0RbLOH +RPH 6aOHV5HQWaOV & & 3 & 7UXcNLQJ 2SHUaWLRQ & 3 & 2) & 2) & 7UXcN 6WRS 3 3 & 2) 3 :aUHKRXVH 6aOHV & 3 & (1) - Accessory Uses incidental to a principal use are allowed in all Zoning Districts. (2) - Only if no suitable site is available in a Settlement Centre or Business Area or other appropriately zoned area. (3) - Only when accessory to a permitted use Appendix B - RM of Walllace Woodworth Zoning By-law Permitted and Conditional Uses P - Permitted Use C - Conditional Use Use Classes (1) RS RR2 RR5 RC/S RMH CG CTR CH MB MG RL RG PRI SL CR LCR GD RCI Use Specific Standards Industrial Community Agricultural Residential Mixed Use Commercial Community Services Use Class &HPHWHU\ & & & & & &KLOd &aUH 6HUYLcH & & & & & & & 3 & & &RPPXQLW\ 5HcUHaWLRQ 6HUYLcH 3 3 3 3 3 3 3 & 2) & 2) 3 3 ([WHQdHd 0HdLcaO 7UHaWPHQW 6HUYLcH & & *RYHUQPHQW 6HUYLcH 3 & 3 3 & 2) & 2) 3 & 3 ,QdRRU 3aUWLcLSaQW 5HcUHaWLRQ 6HUYLcH 3 3 3 3 3 2XWdRRU 3aUWLcLSaQW 5HcUHaWLRQ 6HUYLcH 3 & 2) & 2) 3 & & 3ULYaWH (dXcaWLRQ 6HUYLcH & & & 3) 3) & 3URWHcWLYH aQd (PHUJHQc\ 6HUYLcH 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3XbOLc (dXcaWLRQ 6HUYLcH & & 3 & 3XbOLc /LbUaU\ aQd &XOWXUaO ([KLbLW 3 3 3 3 3XbOLc 3aUN 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3XbOLc 8WLOLW\ 6HUYLcH 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 5HOLJLRXV $VVHPbO\ & & & & & 2) & 2) & & & Industrial Use Class $LUSRUW ,QdXVWULaO & & %XON 6WRUaJH )acLOLW\ & & & &aQQabLV &XOWLYaWLRQ 3 3 & & &aQQabLV 3URcHVVLQJ 3 3 *HQHUaO ,QdXVWULaO & 3 & 2) & 2) & & ,QIRUPaWLRQ 7HcKQRORJ\ 8VH & 3 3 3 & ,QdXVWULaO 0aOO & & & & & & ,QdXVWULaO 9HKLcOH aQd (TXLSPHQW 6aOHV 5HQWaOV & & & /LJKW ,QdXVWULaO & 3 3 & 3 3RUWabOH $VSKaOW 3OaQW & & 3URcHVVLQJ 8VH & & 6PaOO 6caOH ,QdXVWULaO & & 3 6WRUaJH &RPSRXQd & & 2) &2) & 7UaQVSRUW 7HUPLQaO & 3 & & & 3 :a\VLdH 3LW aQd 4XaUU\ & & & 6Hc 11 Natural Resource Development Use Class )RUHVWU\ 8VH & & 0LQHUaO ([SORUaWLRQ & & 6Hc11 1aWXUaO 5HVRXUcH 'HYHORSPHQW & & 6Hc11 2LO %aWWHU\ & & :LOdOLIH aQd &RQVHUYaWLRQ 5HVHUYH & & 3 & :LQd 7XUbLQH *HQHUaWLQJ 6WaWLRQ & & & & 6Hc 11 :LQd 7XUbLQH 3HUVRQaO 8VH & & & & & & & & (1) - Accessory Uses incidental to a principal use are allowed in all Zoning Districts. (2) - Only if no suitable site is available in a Settlement Centre or Business Area or other appropriately zoned area. (3) - Only when accessory to a permitted use Appendix B - RM of Walllace Woodworth Zoning By-law Permitted and Conditional Uses P - Permitted Use C - Conditional Use Use Classes (1) RS RR2 RR5 RC/S RMH CG CTR CH MB MG RL RG PRI SL CR LCR GD RCI Use Specific Standards Industrial Community Agricultural Residential Mixed Use Commercial Residential Use Class ,QVWLWXWLRQaO 5HVLdHQcH & & 2) &2) & & 0RbLOH +RPH 'ZHOOLQJ & & 3 & & & 6Hc 1 0RdXOaU +RPH 'ZHOOLQJ & & & & & 0XOWLSOH )aPLO\ 'ZHOOLQJ & & & 6Hc 1 3OaQQHd 8QLW 'HYHORSPHQW 5HVLdHQWLaO & & & & & & & 6Hc 112 6LQJOH )aPLO\ 'ZHOOLQJ 3 3 3 3 3 3 3 3 6Hc 1 7ZR )aPLO\ 'ZHOOLQJ & & 6Hc 1 Residential Related Use Class %Hd %UHaNIaVW +RPH & & & 3 & 3 3 3 & 6Hc 13 &aUH +RPH & & & & & & & & & 6Hc 11 )aUP 6WaII +RXVLQJ & & +RPH ,QdXVWU\ & & & 3 3 3 6Hc 1 +RPH 2ccXSaWLRQ 3 3 3 3 3 3 3 3 & 6Hc 1 6HcRQdaU\ 6XLWH 3 3 3 3 3 3 3 3 6Hc 11 (1) - Accessory Uses incidental to a principal use are allowed in all Zoning Districts. (2) - Only if no suitable site is available in a Settlement Centre or Business Area or other appropriately zoned area. (3) - Only when accessory to a permitted use RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. APPENDIX C BULK REGULATIONS TABLE APPENDIX C - BULK REGULATIONS TABLE RM OF WALLACE-WOODWORTH ZONING BY-LAW NO. 03/2019 Landmark Planning & Design Inc. APPENDIX D ANIMAL UNITS CONVERSION TABLE APPENDIX D - Animal Units Conversion Table Livestock A.U. Produced by One Livestock Livestock Producing One A.U. Dairy Milking Cows, including associated livestock 2.0000 0.5000 Beef Beef cows, including associated livestock Backgrounder Summer Pasture/Replacement Heifers Feedlot Cattle 1.2500 0.5000 0.6250 0.7690 0.8000 2.0000 1.6000 1.3000 Hogs Sows, farrow to finish Sows, farrow to weanling Sows, farrow to nursery Weanlings Growers/Finishers Boars 1.2500 0. 2500 0. 3130 0.0330 0.1430 0.2000 0.8000 4.0000 3.2000 30.0000 7.0000 5.0000 Chickens Broilers Roasters Layers Pullets Broiler Breeder Pullets Broiler Breeder Hens 0.0050 0.0100 0.0083 0.0033 0.0033 0.0100 200.0000 100.0000 120.0000 300.0000 300.0000 100.0000 Turkeys Broilers Heavy Toms Heavy Hens 0.0100 0.0200 0.0100 100.0000 50.0000 100.0000 Horses Mares, including associated livestock 1.3330 0.7500 Sheep Ewes, including associated livestock Feeder Lambs 0.2000 0.0630 5.0000 16.0000 Goats Goats 0.1400 7.0000 Other livestock or operation type Please inquire with your regional agricultural engineer or livestock specialist