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LAST UPDATED: November 14, 2025
[2025]
R.M. of West St. Paul
Zoning By-law 2/99P
An Office Consolidation of
The R.M. of West St. Paul
Zoning By-law
By-law No. 2/99P
[NOTICE:]
All persons making use of this Consolidation are reminded that it has no legislative sanction; that the
Amendments have been embodied only for the convenience of reference; and that the original By-law and
Amendments should be consulted for all purposes of interpreting and applying the law.
Adopting
By-law
Changes and Amendments
Content
Affected
Remarks
Text
Map
1/2000P
Amend Part 7, Section 2 - Commercial Use Table
17 by adding "Residential Care Facilities" as
conditional use in "CH"
X
3rd Read.Apr. 12, 2001
Rezoned from "RG" to "CH"
X
1/2001P
Rezoned from "A80" to "CH"
X
3rd Read. Jan 10/2001
2/2001P
Rezoned from "A80" to "M"
X
3rd Read. June 14/2001
3/2001P
Rezoned from "RR" to "CH"
X
3rd Read. June 14/2001
4/2001P
Rezoned from "CH" to "RR"
X
3rd Read. July 12/2001
5/2001P
Amend Part 6, Section 2 - Residential Use Table 15
by adding "Golf Courses" as conditional use in
"RR" & "RG"
X
3rd Read. Dec 13, 2001
6/2001P
Amend Parts 3, 5 & 6 in regards to fencing
materials and projections into required yards
X
3rd Read. Dec 13, 2001
2/2002P
Amend Parts 6, 7, 8 &10 in regards to mobile
homes
X
3rd Read. Sept. 12, 2002
2/2003P
Rezoned from "RR" to "RR Overlay"
X
3rd Read. Oct 9, 2003
1/2004P
Rezoned from "RR Overlay" to "RR"
X
3rd Read. May. 13, 2004
2/2004P
Rezoned from "A80" to "CH"
X
3rd Read. Mar. 9, 2004
3/2004P
Amend Part 3.22. - "Planned Unit Development",
Tables 13, 16, 18 & 20 and Part 10.2. - Definitions -
"Manufacturing"
X
3rd Read. June 10, 2004
4/2004P
Various Amendments to Parts 3, 5, 6, 7 & 10
X
3rd Read. Aug. 12, 2004
1/2005P
Rezoned from "RC" to "R3"
X
3rd Read. June 28, 2006
1/2006P
Amend Part 3 General Provisions
3.22.6 Design Review Committee
X
3rd Read. Sept 14, 2006
2/2006P
Amend Part 8 Industrial to include "M2"
& Part 3 by adding no front yard storage in M zones
X
3rd Read Nov. 9, 2006
4-2006P
Re-zone from A80-M2
X
3rd Read Mar 8,
20073.16.5
5/2006P
Amend Part 3 General Provisions
3.16.5 Lighting
X
3rd Read 8-Feb-2007
1-2007P
Re-Zone from A80 to RR
X
3rd Read Aug 12, 2008
3/2007P
Amend. Gen Prov. & RR & AR Regulations
X
3rd Read Sept 13, 2007
Adopting
By-law
Changes and Amendments
Content
Affected
Remarks
Text
Map
1/2008P
Amend Part 3 General Provisions
3.8.8.1 Compliance with Zoning By-Law
X
June 12/08
1/2009P
Part 3 Gen Prov. Outdoor Solid Fuel Heating Systems
Part 3 Gen Prov. Building Locations Certificates
X
X
3rd Read Nov 12, 2009
6/2010P
Part 3 Gen Prov. Accessory Uses, Buildings and
Structures
X
3rd Read Feb 10, 2011
2011-12P
Re-Zone from A80 to RRO
X
3rd Read April 12, 2012
2011-14P
Re-Zone from A80 to RR
X
3rd Read June 14, 2012
2011-15P
Re-Zone from A80 to RR
X
3rd Read April 23, 2012
2011-17P
Re-Zone from partially A80, M1, and CH to CH
X
3rd Read March 8, 2012
2012-10P
Re-Zone from A80 to A4
X
3rd Read July 12, 2012
2013-06P
Re-Zone from RRO to CH
X
3rd Read April 18, 2013
2013-08P
Re-Zone from A80 to RRO
X
3rd Read April 18, 2013
2013-13P
Re-zone from RR to CH
X
3rd Read July 14, 2016
2014-09P
Secondary Suites
X
3rd Read. June 12, 2014
2014-21P
Re-zone from A80 to RRO
X
3rd Read June 11, 2015
2015-05P
Re-zone A80 to M2
X
3rd Read June 11, 2015
2015-10P
Re-zone from A80 to RR
X
3rd Read Sept. 10, 2015
2015-15P
Text amendment for detached decks
X
3rd Read August 13,
2015
2015-14P
Amend Part 6.2
X
3rd Read. Apr 28, 2016
2015-22P
Re-zone from A4 to R3
X
3rd Read, Apr. 14, 2016
2015-24P
Re-zone from RR to CH
X
3rd Read. June 28, 2016
2016-02P
Re-zone from RG & A80 to RC
X
3rd Read May 12, 2016
2016-09P
Amend Part 3, Table 3, Table 1, Table 13, 14, 16, 17
X
3rd Read. Apr 14, 2016
2016-12P
Re-zone from A80 to OS
X
3rd Read January 12,
2017
2016-19P
Text amendments- RS, RMF-1, RMF-2 zones
X
3rd Read May 9, 2017
2017-05P
Re-zone RC to RS
X
3rd Read Aug 24, 2017
2017-06P
Re-zone A80 to RS, RMF-1, RMF-2, and OS
X
3rd Read Oct. 3, 2017
Adopting
By-law
Changes and Amendments
Content
Affected
Remarks
Text
Map
2017-10P
Text Amendment Crematorium "C" Conditional and
Funeral Parlour "P" Permitted in M1 and M2
X
3rd Reading Aug. 24,
2017
2018-04P
Text Amendment Parking for Multi-Family Use to 1.8
per dwelling unit except in RMF-1, housekeeping, and
Landscape Features for Multi-family development
X
3rd Reading June 14,
2018
2018-10 "P"
Cannabis and Cannabis related use definitions. Note:
Resolution 2018-107 states West St. Paul will not, at
this time, allow for the retail sales of cannabis products
in the municipality.
X
3rd Reading July 24,
2018
2018-19 "P"
Re-zone A80 to RR (1141 Mollard Rd)
X
3rd Reading March 11,
2021
2018-22 "P"
Re-zone A80 & OS to RS, RMF-1 & RMF-2 (north of
Kapelus Dr)
X
3rd Reading May 9, 2019
2019-04 "P"
Re-zone A80 to CH (Garden View Dr & Second St)
X
3rd Reading June 13,
2019
2019-11 "P"
Re-zone A4 & RG to RS (River Springs Dr)
X
3rd Reading March 23,
2020
2019-12 "P"
Re-zone A80 to CH (Kapelus Dr)
X
3rd Reading March 12,
2020
2020-09 "P"
Re-zone A80 to RR (76 Wheatland Rd)
X
3rd Reading August 13,
2020
2020-15 "P"
Text amendments related to two-family and multiple-
family dwellings, permitted projections, and temporary
additional dwellings.
X
3rd Reading January 25,
2021
2021-02 "P"
Re-zone M1 & A80 to RS (north of Kapelus Dr)
X
3rd Reading April 8,
2021
2022-05 "P"
Various housekeeping matters, new "CM" zone w/
updated use class definitions, new development
standards, new storage container policies, new signage
policies and related definitions.
X
3rd Reading June 9, 2022
2022-07 "P"
Re-zone "A80" to "RR" (Roll No. 417550)
X
3rd Reading June 9, 2022
2022-09 "P"
Re-zone "A80" to "RC" (Roll No. 229200, 229300,
229350)
X
3rd Reading January 19,
2023
2022-11 "P"
Re-zone "A80" to "CH" (Roll No. 414300, 414310)
X
3rd Reading February 9,
2023
2022-13 "P"
Re-zone "A80" to "RS" (north of Elm Drive)
X
3rd Reading March 9,
2023
2023-06 "P"
Re-zone "A80" to "M2" (Roll No. 400700, 401000)
X
3rd Reading August 10,
2023
2023-08 "P"
Re-zone "RR" to "CM" (3828 Main Street)
X
3rd Reading October 12,
2023
2024-13 "P"
Re-zone "RRO" to "CH" (Roll No. 38325)
X
3rd Reading October 10,
2024
2025-03 "P"
Various text amendments to include new residential
zones, bulk regulations, definitions, public hearing
requirements
X
3rd Reading September
11, 2025
2025-06 "P"
Re-zone "A80" to "RRO" (Roll No. 416100, 416150)
X
3rd Reading July 10,
2025
2025-09 "P"
Text amendments to harmonize zoning by-law with new
building by-law
X
3rd Reading November
13, 2025
CONTENTS
1.
INTRODUCTION................................................................................................................ 1
1.0.
CONTENTS .................................................................................................................. 1
1.1.
TITLE ............................................................................................................................ 1
1.2.
AREA ............................................................................................................................ 1
1.3.
INTENT AND PURPOSE ............................................................................................ 1
1.4.
INTERPRETATION ..................................................................................................... 2
1.5.
RELATION TO OTHER BY-LAWS AND REGULATIONS .................................... 2
1.6.
REFERENCES TO STATUTES .................................................................................. 2
1.7.
VALIDITY .................................................................................................................... 2
2.
ADMINISTRATION ........................................................................................................... 3
2.0.
CONTENTS .................................................................................................................. 3
2.1.
RED RIVER PLANNING DISTRICT BOARD RESPONSIBILITIES ...................... 3
2.2.
R.M. OF WEST ST. PAUL COUNCIL RESPONSIBILITIES ................................... 3
2.3.
DEVELOPMENT OFFICER'S RESPONSIBILITIES ................................................ 4
3.
GENERAL PROVISIONS................................................................................................... 5
3.0.
CONTENTS .................................................................................................................. 5
3.1.
INTENT ........................................................................................................................ 5
3.2.
ACCESSORY USES, BUILDINGS AND STRUCTURES ......................................... 6
3.3.
AIRPORTS AND AIRCRAFT LANDING STRIPS .................................................... 8
3.4.
AMENDMENTS ........................................................................................................ 10
3.5.
BED AND BREAKFASTS ........................................................................................ 10
3.6.
BULK REGULATIONS ............................................................................................. 11
3.7.
CONDITIONAL USES .............................................................................................. 11
3.8.
DEVELOPMENT PERMITS ..................................................................................... 12
3.9
DEVELOPMENT STANDARDS .............................................................................. 15
3.10.
ENFORCEMENT ....................................................................................................... 29
3.11.
EXTERIOR STORAGE ............................................................................................. 29
3.12.
FLOOD PRONE OR HAZARD PRONE LANDS (BL 2022-05 P) ......................... 30
3.13.
GEOTECHNICAL REPORTS (BL 2022-05 P) ........................................................ 32
3.14.
HEIGHT EXCEPTIONS ............................................................................................ 32
3.15.
HOME OCCUPATIONS AND HOME INDUSTRIES (BL 4/2004P) ..................... 33
3.16.
LANDSCAPE FEATURES ........................................................................................ 36
3.17.
LOADING SPACES ................................................................................................... 40
3.18.
MINERAL EXTRACTION ........................................................................................ 41
3.19.
MOBILE HOME DEVELOPMENT .......................................................................... 41
3.20.
NON-CONFORMANCE ............................................................................................ 41
3.21.
PARKING ................................................................................................................... 42
3.22.
PLANNED UNIT DEVELOPMENTS (BL 3/2004P) ............................................... 48
3.23.
POOLS AND HOT TUBS .......................................................................................... 49
3.24. PROJECTIONS INTO REQUIRED YARDS (BL 6/2001P) .................................... 49
3.25.
PUBLIC UTILITY ...................................................................................................... 50
3.26.
SECONDARY SUITES (BL 2014-09P) ................................................................... 50
3.27.
SIGNS ......................................................................................................................... 51
3.28.
SUBDIVISION ........................................................................................................... 75
3.29. TEMPORARY ADDITIONAL DWELLING ............................................................ 76
3.30
TEMPORARY USES, BUILDINGS AND STRUCTURES ..................................... 76
3.31
VARIATIONS ............................................................................................................ 77
3.32
ZONING COMPLIANCE CERTIFICATES .............................................................. 77
3.33.
ZONING CONFIRMATION LETTERS .................................................................... 78
3.34.
ZONING MEMORANDA .......................................................................................... 78
4.
ZONES ............................................................................................................................... 79
4.1.
ZONING DISTRICTS ................................................................................................ 79
4.2.
ZONES ........................................................................................................................ 79
4.3.
ZONING MAP ............................................................................................................ 79
4.4.
USE REGULATIONS ................................................................................................ 80
4.5.
ZONE BOUNDARY INTERPRETATION ............................................................... 80
5.
AGRICULTURAL ZONES ............................................................................................... 81
5.1.
INTENT ...................................................................................................................... 81
5.2.
USE REGULATIONS ................................................................................................ 81
5.3.
BULK REGULATIONS ............................................................................................. 84
6.
RESIDENTIAL ZONES ................................................................................................... 86
6.1.
INTENT AND PURPOSE .......................................................................................... 86
6.2.
USE REGULATIONS ................................................................................................ 86
6.3.
BULK REGULATIONS ............................................................................................. 88
7.
COMMERCIAL ZONES ................................................................................................... 94
7.1.
INTENT AND PURPOSE .......................................................................................... 94
7.2.
USE REGULATIONS ................................................................................................ 94
7.3.
BULK REGULATIONS ............................................................................................. 98
7.4.
DEVELOPMENT STANDARDS .............................................................................. 98
8.
INDUSTRIAL ZONES ...................................................................................................... 99
8.1.
INTENT AND PURPOSE .......................................................................................... 99
8.2.
USE REGULATIONS ................................................................................................ 99
8.3.
INDUSTRIAL BULK REGULATIONS .................................................................. 101
8.4. DEVELOPMENT STANDARDS ............................................................................ 101
9.
OPEN SPACE ZONES .................................................................................................... 102
9.1.
INTENT AND PURPOSE ........................................................................................ 102
9.2.
USE REGULATIONS .............................................................................................. 102
9.3.
BULK REGULATIONS ........................................................................................... 103
10.
DEFINITIONS ................................................................................................................ 104
10.0.
CONTENTS .............................................................................................................. 104
10.1.
RULES OF CONSTRUCTION ................................................................................ 104
10.2.
DEFINITIONS .......................................................................................................... 105
A ........................................................................................................................................... 105
B ........................................................................................................................................... 107
C ........................................................................................................................................... 109
D ........................................................................................................................................... 109
E ........................................................................................................................................... 112
F ........................................................................................................................................... 112
G ........................................................................................................................................... 114
H ........................................................................................................................................... 115
I ............................................................................................................................................ 116
K ........................................................................................................................................... 116
L ........................................................................................................................................... 116
M .......................................................................................................................................... 117
N ........................................................................................................................................... 117
O ........................................................................................................................................... 119
P ........................................................................................................................................... 119
R ........................................................................................................................................... 121
S ........................................................................................................................................... 121
T ........................................................................................................................................... 130
V ........................................................................................................................................... 129
W .......................................................................................................................................... 130
Y ........................................................................................................................................... 131
Z ........................................................................................................................................... 130
11.
REPEAL AND EFFECTIVE DATE ............................................................................... 131
APPENDIX A: CONSOLIDATION ZONING MAP ................................................................. 132
LIST OF TABLES
Table 1: Accessory Uses, Buildings, and Structures ................................................................... 7
Table 2: Noise Exposure Forecasts ............................................................................................... 8
Table 3: Fence/Hedge Height (BL 2016-09P) ............................................................................ 36
Table 4: Loading Space Table .................................................................................................... 40
Table 5: Parking Space Table ..................................................................................................... 43
Table 6: Handicapped Parking Space Table ............................................................................. 46
Table 7: Angle Space Dimensions ............................................................................................... 47
Table 8: District-Specific Sign Regulations............................................................55
Table 9: Digital Accessory Sign Locations.............................................................56
Table 10: Length of Time for Display...................................................................69
Table 11: Mobile Sign Dimensional Standards........................................................70
Table 12: Agricultural Use Table ............................................................................................... 81
Table 13:Agricultural Bulk Table .............................................................................................. 84
Table 14: Animal Unit Summary Table ..................................................................................... 85
Table 15: Residential Use Table ................................................................................................. 86
Table 16: Residential Bulk Table ............................................................................................... 88
Table 17: Commercial Use Table ............................................................................................... 94
Table 18: Commercial Bulk Table (BL 2/2002P) ...................................................................... 98
Table 19: Industrial Use Table ................................................................................................... 99
Table 20: Industrial Bulk Table (BL 2/2006P) ........................................................................ 101
Table 21: Open Space Use Table .............................................................................................. 102
Table 22: Open Space Bulk Table ............................................................................................ 103
Rural Municipality of West St Paul
In the Province of Manitoba
By - Law Number 2/99P
Being a By - Law to regulate the use and development of land within the Rural Municipality of
West St. Paul.
WHEREAS Section 39 (1) of The Planning Act, Chapter P80, January 2, 1999, provides that a
Zoning By - Law may be enacted by the Council of a municipality;
AND WHEREAS, it is deemed desirable and expedient to repeal By - Law number 7/92P, and
all amendments thereto and substitute therewith a new Zoning By - Law;
RESOLVED that the Council of the R.M. of West St. Paul, in meeting duly assembled, enacts as
follows:
R.M. of West St. Paul Zoning By - Law 2/99P
1. Introduction
page
1
1.
INTRODUCTION
1.0.
CONTENTS
1.1.
Title
1.2.
Area
1.3.
Intent and Purpose
1.4.
Interpretation
1.5.
Relation to Other By-laws and Regulations
1.6.
References to Statutes
1.7.
Validity
1.1.
TITLE
1.1.1 This By-law may be cited as "The Rural Municipality of West St. Paul Zoning
By-law".
1.2.
AREA
1.2.1. The provisions of this zoning by-law shall apply to all lands within the limits of
The Rural Municipality of West St. Paul in the province of Manitoba, as shown
on the Zoning Map in Appendix A to this by-law.
1.3.
INTENT AND PURPOSE
1.3.1. The Council of the R.M. of West St. Paul may enact a zoning by-law which
generally conforms to a development plan adopted for the area as per The
Planning Act. The provisions established by this zoning by-law are deemed
necessary in order to:
1.3.1.1. implement the objectives and policies of the Red River Planning District
Board Development Plan;
1.3.1.2. define and limit the powers and duties of the Board, Council and
Development Officers; and
1.3.1.3. define and prescribe development standards including, but not limited to
the following:
-
buildings and structures constructed and located hereafter, in accordance
with the Buildings Act;
-
existing buildings and structures structurally altered and/or relocated
hereafter;
-
uses of buildings, structures and land established hereafter; and
-
changes of use of buildings, structures and land hereafter.
R.M. of West St. Paul Zoning By - Law 2/99P
1. Introduction
page
2
1.4.
INTERPRETATION
1.4.1. The provisions of this zoning by-law shall be interpreted to be the minimum
requirements except where the abbreviation for or word "maximum" is used, in
which case the maximum requirement shall apply.
1.4.2. Reference to the "Board" shall refer to the Red River Planning District Board.
1.4.3. "Shall" is mandatory.
1.4.4. Units of measure are metric with imperial following in brackets. In cases where
discrepancy between metric and imperial measure occurs, the metric unit shall
prevail.
1.5.
RELATION TO OTHER BY-LAWS AND REGULATIONS
1.5.1. In the event of conflict between this zoning by-law and amendments thereto, and
any restrictions imposed by a government authority having jurisdiction to make
such restrictions, the most restrictive shall apply.
1.6.
REFERENCES TO STATUTES
1.6.1. References to statutes within this zoning by-law, unless otherwise specified, are
Statutes of the Province of Manitoba and amendments thereto.
1.7.
VALIDITY
1.7.1 Should any section or part of a section of this zoning by-law or appendix attached
hereto be declared invalid by a court of competent jurisdiction, the same shall not
affect provisions of the zoning by-law as a whole or any part thereof beyond that
which was declared invalid.
R.M. of West St. Paul Zoning By - Law 2/99P
2. Administration
page
3
2.
ADMINISTRATION
2.0.
CONTENTS
2.1.
Red River Planning District Responsibilities
2.2.
R.M. of West St. Paul Council Responsibilities
2.3.
Development Officers' Responsibilities
2.1.
RED RIVER PLANNING DISTRICT BOARD RESPONSIBILITIES
The Red River Planning District Board is responsible for the following:
2.1.1. administration and enforcement of this by-law;
2.1.2. acting as an appeal board as per The Planning Act;
2.1.3. administration and enforcement of The Planning Act, where applicable;
and
2.1.5. establishment of a schedule of application fees and permit charges for the
following:
-
conditional use orders;
-
development plan amendments;
-
subdivisions;
-
variation orders;
-
zoning by-law amendments;
-
zoning confirmation letters;
-
zoning compliance certificate;
-
zoning memoranda; and
-
other appropriate documents.
2.2.
R.M. OF WEST ST. PAUL COUNCIL RESPONSIBILITIES
Subject to the provisions of The Planning Act, the Council of the R.M. of West St.
Paul is responsible for the following:
2.2.1. enactment of this By-law;
2.2.2. administration and enforcement of The Planning Act, where applicable;
2.2.3. adoption or rejection of proposed amendments or the repeal of this by-law;
2.2.4. approval or rejection of conditional uses and variation orders, and/or
revocation of existing conditional uses and variation orders.
R.M. of West St. Paul Zoning By - Law 2/99P
2. Administration
page
4
2.3.
DEVELOPMENT OFFICER'S RESPONSIBILITIES
2.3.1. The Board shall appoint development officers, who on behalf of the R.M.
of West St. Paul, shall carry out the administration and enforcement of this
by-law. Duties of the development officers shall include items listed in
2.1.5.
R.M. of West St. Paul Zoning By - Law 2/99P
3. General Provisions
page
5
3.
GENERAL PROVISIONS
3.0.
CONTENTS
3.1.
Intent
3.2.
Accessory Uses, Buildings and Structures
3.3.
Airports and Aircraft Landing Strips
3.4.
Amendments
3.5.
Bed and Breakfasts
3.6.
Bulk Regulations
3.7.
Conditional Uses
3.8.
Development Permits
3.9.
Development Standards
3.10. Enforcement
3.11. Exterior Storage ( fencing )
3.12. Flood Prone or Hazard Prone Lands
3.13. Geotechnical Reports
3.14. Height Exceptions
3.15. Home Occupations and Home Industries
3.16. Landscape Features ( fences and hedges )
3.17. Loading Spaces
3.18. Mineral Extraction
3.19. Mobile Home Development
3.20. Non-Conformance
3.21. Parking
3.22. Planned Unit Developments
3.23. Pools and Hot Tubs
3.24. Projections into Required Yards
3.25. Public Utility
3.26. Secondary Suites
3.27. Signs
3.28. Subdivision
3.29. Temporary Additional Dwelling
3.30. Temporary Uses, Buildings and Structures
3.31. Variations
3.32. Zoning Compliance Certificates
3.33. Zoning Confirmation Letters
3.34. Zoning Memoranda
3.1.
INTENT
3.1.1. The general provisions contained herein apply to all zones, except as otherwise
specified herein.
R.M. of West St. Paul Zoning By - Law 2/99P
3. General Provisions
page
6
3.2.
ACCESSORY USES, BUILDINGS AND STRUCTURES
3.2.1. Attached Accessory Structures
Where a structure is attached to the main / principal building on a site by a roof, an
open or enclosed structure, a floor; except a slab on grade or a foundation, it is to be
considered as part of the main / principal building and shall be subject to the bulk
regulations for main / principal buildings.
3.2.2. Construction Prior to Principal Building
No accessory building or structure shall be located on any zoning site without
the principal building to which it is accessory, except as otherwise permitted
herein.
3.2.3. Location
3.2.3.1. Building Separation from Principal Building (BL 2015-15P)
Detached accessory buildings, excluding detached decks, above ground pools
and hot tubs, shall be located a minimum of 3.048 metres (10 ft.) clear of all
projections from the principal building (BL 2016-09P).
3.2.3.2. Building Separation between Accessory Buildings
Detached accessory buildings, excluding detached decks, above ground pools
and hot tubs, shall be located a minimum of 0.914 metres (3 ft.) clear of all
projections from other detached accessory buildings in the Residential and
A4 zones (BL 2016-09P).
3.2.3.3. Common Walls
Buildings containing more than one unit with common party walls shall be
considered as 1 building occupying 1 site for the purpose of side yard
regulations. eg. duplexes or row housing.
3.2.3.4. Easement or Right-of-way
Detached accessory buildings and structures shall not be located within a
dedicated easement or right-of-way.
3.2.3.5. Front Yards
Detached accessory buildings and structures shall be located in accordance
with the Bulk Tables for each zoning district.
Front yards for accessory buildings are not to be less than the front yard for
the principal building. (BL 5/2006P)
3.2.3.6. Water Front Lot
Notwithstanding 3.2.3.5. above, detached accessory buildings and structures
may be located in the front, side or rear yards where a lot has water frontage,
3.2.4. Number (BL 6/2010P)
On lots greater than 1.0 acres, the number of accessory buildings will be limited to a
maximum of three (3) per certificate of title in all Residential zones, in addition to
the "A4" Agricultural - 4 Acre Parcels Zone. The number of accessory buildings
R.M. of West St. Paul Zoning By - Law 2/99P
3. General Provisions
page
7
allowed per certificate of title had previously been limited by development
agreements enforced by the Municipality. Increases in the number of detached
accessory buildings shall require amendments to the development agreements prior to
consideration of variation order applications. (BL 3/2007P) (BL 6/2010P) (BL 2022-
05 P)
On lots less than 1.0 acres, the number of accessory buildings will be limited to a
maximum of two (2) per certificate of title in all Residential Zones, in addition to the
"A4" Agricultural - 4 Acre Parcels Zone. The number of accessory buildings allowed
per certificate of title had previously been limited by development agreements
enforced by the Municipality. Increases in the number of detached accessory
buildings shall require amendments to the development agreements prior to
consideration of variation order applications. (BL 2022-05 P)
3.2.5. Uses
Accessory uses, buildings and structures may be permitted when on the same site as a
permitted or conditional use as per Table 1. (BL 6/2010P)
Table 1: Accessory Uses, Buildings, and Structures
A = Agricultural
R = Residential
C = Commercial
M = Industrial
OS = Open Space
P = Permitted
C = Conditional
- = Use is NOT Permitted
Accessory Uses, Buildings and Structures
A
R
C
M OS
Aircraft landing strips and related storage facilities -
accessory to farm
C
-
-
-
-
Buildings or structures necessary for the operation and
maintenance of primary use i.e. farm buildings
P
-
P
P
P
Carport
P
P
P
-
-
Children's playhouse
P
P
-
-
-
Garage - private
P
P
P
-
-
Gazebo or garden house - private
P
P
-
-
-
Greenhouse - private
P
P
-
-
-
Indoor Participant Recreation Service (BL 2022-05 P)
P
-
-
-
P
Off-street parking and/or loading
P
P
P
P
P
Patio - detached, covered
P
P
P
-
-
Production, processing, cleaning, servicing, altering,
testing or storage buildings or structures incidental to
general agricultural, commercial or industrial use
P
-
P
P
-
Signs
P
P
P
P
P
R.M. of West St. Paul Zoning By - Law 2/99P
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Accessory Uses, Buildings and Structures
A
R
C
M OS
Single family dwelling - accessory. to primary use; may
include staff dwellings
P
-
P
P
-
Storage - exterior: (see fencing 3.11.)
- domestic equipment and supplies
P
P
-
-
-
- goods used in or produced by primary use
P
-
P
P
-
- machinery and equipment used by primary use
P
-
P
P
-
Storage Containers (1) 6/2010P
C
*
C
P
-
Swimming pools - private
P
P
P
-
-
Uses not listed
C
C
C
C
C
* see Table 15, Residential Use Table
3.3.
AIRPORTS AND AIRCRAFT LANDING STRIPS
3.3.1. All buildings, structures or uses located in close proximity to licensed aircraft landing
strips shall be governed by Transport Canada regulations. (See 3.14.2. Height
Exceptions) and subject to conditions in Table 2.
3.3.2. Noise Exposure Forecasts are contours produced to encourage compatible land use
planning in the vicinity of airports. These contours are derived from air traffic
volume and aircraft type and mix for 5 to 10 year period. The higher the contour
level, the greater the disruption caused.
3.3.2.1.
This land use tabulation should not be considered as an exhaustive listing,
but merely as examples of how various land uses would be expressed in
the Noise Exposure Forecast zones in terms of community response
predictions.
Table 2: Noise Exposure Forecasts
Noise Exposure
40 Plus
40 - 35
35 - 40
Less than
30
Agriculture Uses
Dairy farms, Feed Lots, Livestock Pastures J
Yes
Yes
Yes
Poultry Farms
I
I
Yes
Yes
Stockyards
J
Yes
Yes
Yes
Commercial / Industrial Uses
Factories / Machine Shops
F
F
Yes
Yes
Outdoor Sales
E
H
Yes
Yes
Warehouses
Yes
Yes
Yes
Yes
R.M. of West St. Paul Zoning By - Law 2/99P
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Noise Exposure
40 Plus
40 - 35
35 - 40
Less than
30
Recreation Uses - Outdoor
Athletic fields and playgrounds
No
G
H
Yes
Camping Grounds
No
No
No
K
Residential
Single unit detached development
No
No
B
A
Public Uses
Churches and Education Services
No
No
D
C
3.3.2.2. Explanation of Conditions
Yes -- The development is permitted without special noise insulation,
subject to any following letter.
No -- The development is not permitted.
A.- A marginal zone exists near the 30 NEF level where aircraft noise may begin to annoy
some residents. It is recommended that developers be made aware of this fact and that
they undertake to inform prospective tenants or purchasers of residential units.
B.- The developer should be required to inform prospective tenants/buyers that aircraft noise
may interfere with certain activities.
C.- These facilities should not be located close to the 30 NEF contour unless the restrictions
outlined in Note D are applied.
D.- This land use shall not be permitted unless a detailed analysis of noise reduction is
conducted and noise insulation features are considered by the architectural consultant.
E.- When associated with a permitted land use, an office may be located in this zone
provided that all relevant factors are considered and a detailed noise analysis is conducted
to establish the noise reduction features required to provide an indoor environment suited
to the specific office function.
F.- Many of these uses would be acceptable in all NEF zones. However, consideration
should be given to internally generated noise levels, and acceptable noise levels in the
working area.
G.- Undesirable if there is spectator involvement.
H.- It is recommended that serious consideration be given to an analysis of peak noise levels
and the effects of these levels on the specific land use under consideration.
I.- The construction of covered enclosures should be undertaken if this use is to be newly
introduced to the noise environment.
J.- Research has shown that animals condition themselves to high noise levels. However, it
is recommended that peak noise levels be assessed before this use is allowed.
*Source: Modified from the Transport Canada publication TP-1247, amendment No. 1
91-12-20.
R.M. of West St. Paul Zoning By - Law 2/99P
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3.4.
AMENDMENTS
3.4.1. Amendments to this zoning by-law may be initiated by Council or by the owner of
the area proposed to be changed or owner's agent(s).
3.4.2. Applications to amend the zoning by-law, including required information and fees,
shall be filed with the Board.
3.4.3. Applications to amend the zoning by-law shall be processed, and if approved, enacted
as per Section 47(2) (45(1)) of The Planning Act.
3.4.4. Approved amendments to the zoning by-law may, at Council's discretion, require that
the owner enter into a development agreement as per Section 46(1) (49(1)) of The
Planning Act.
3.5.
BED AND BREAKFASTS
3.5.1. Business Licenses and Development Permits
Bed & breakfast establishments shall be registered with the Municipality.
3.5.2. Character - Secondary Use
The bed & breakfast 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.
3.5.3. Guest Bedroom Number
Bed & breakfast establishments shall be limited to 4 guest bedrooms per dwelling.
3.5.4. Parking
In addition to the parking requirements for the primary use, one additional parking
space shall be provided for each guest bedroom.
3.5.5. Signs
Signs for bed & breakfast establishments shall be limited to 1 identification sign:
-
a maximum of 0.37 sq.m. (4.0 sq.ft.);
-
non-illuminated; and
-
compatible with the residential character of the area.
3.5.6. Traffic
The bed & breakfast shall not generate traffic beyond what is normally characteristic
of the area.
R.M. of West St. Paul Zoning By - Law 2/99P
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3.6.
BULK REGULATIONS
3.6.1. Separation Distances
Separation distances shall be measured from building face to building face
notwithstanding 3.2.3.1.
3.6.2. Site Coverage
Site coverage shall be the percentage of the lot area covered by the ground floor area
of all buildings located thereon. For the purpose of lot coverage calculations,
building shall mean any structure consisting of a wall, roof and floor or any one of
them, or a structural system serving the same purpose.
3.6.3. Yard Requirements
3.6.3.1. Distance Measure
Yard measurements within the bulk tables shall be measured from the
building face to the property line.
3.6.3.2. Yard Reductions
See 3.25.1. Bulk Requirements Reduced by Public Works and 3.28.1.
Subdivision Bulk Regulations.
3.7.
CONDITIONAL USES
3.7.1. Application to use land for a use listed as a conditional use in this zoning by-law may
be filed by the owner or owner's agent subject to owner's signature.
3.7.2. Application for approval of a conditional use, including required information and
fees, shall be filed with the Board.
3.7.3. Applications for conditional use shall be processed, approved or rejected, and may be
revoked as per The Planning Act.
3.7.4. When approving a conditional use as provided herein, Council may prescribe such
additional conditions, beyond those specified in the zoning by-law and development
plan, as are in its opinion necessary to secure the objectives of the zoning by-law and
development plan; and the Council may revoke the conditional use authorized for
violation of any conditions imposed by it, as per The Planning Act.
3.7.5. Applications for uses that require a license or permit from another level of
government including any technical review committee reports must either obtain the
necessary permits, or confirmation from the licensing authority that the permit will be
issued, subject to the approval of the conditional use permit before proceeding with
the application. (BL 4/2004P)
3.7.6. Public Hearing Notice
(a) a copy of the notice of hearing for a conditional use application must be sent at
least 14 days before the hearing to the owner of the affected property, and every
owner of property located within 200 metres of the affected property when the
R.M. of West St. Paul Zoning By - Law 2/99P
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affected property is not designated as Settlement Centre or General Development in
the Development Plan; or
(b) where the affected property is designated as Settlement Centre or General
Development in the Development Plan, a copy of the notice of hearing must be posted
on the affected property in accordance with section 170 of The Planning Act.
3.8.
DEVELOPMENT PERMITS
3.8.1. Application Requirements
Development permit applications may require submissions as listed hereunder.
3.8.1.1. The applicant shall provide the complete legal description of the subject
property.
3.8.1.2. The applicant shall provide blueprints of proposed construction illustrating:
-
site plan including:
- proposed setbacks from property lines of new construction and
all existing buildings or structures on the site
- proposed parking and loading spaces
- proposed open space;
-
foundation - dimensioned and fully detailed;
-
building section - indicating all building materials;
-
floor plans - all levels;
-
elevations of completed structure.
3.8.1.3. Proposals on flood prone or hazard prone land shall not be issued permits
prior to submission as per 3.8.1.1., 3.8.1.2. above and the following:
-
section through proposed building or structure or fill area;
-
section through riverbank or the like, indicating geodetic elevations;
and
-
geotechnical engineering report as per 3.13.1., prepared by a certified
professional geotechnical engineer stating that proposed development
will not:
- impede surface or subsurface water flow;
- de-stabilize land including waterway bed; or
- adversely alter waterway channels and bank stability.
3.8.1.4. The applicant shall provide other information, if deemed necessary such as:
-
proposed use of each building and structure;
-
current copies of relevant titles, easements and caveats;
-
surveyor's certificate prepared by a Manitoba Land Surveyor;
-
existing conditions of the site; and
-
number of dwelling units or rental units within the proposed building.
R.M. of West St. Paul Zoning By - Law 2/99P
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3.8.1.5. At the discretion of the designated officer or Council, a staking certificate
with offset pins may be requested prior to foundation being poured (BL 2016-
09P).
3.8.2. Development Permits Required
No person shall construct, locate, relocate or structurally alter a building or structure
unless in conformity with an approved development permit. No person shall alter
land levels where it may affect surface drainage or bank stabilization. No person
shall use nor change or intensify a use, unless in conformity with an approved
development permit.
Development Permits are required for the following:
3.8.2.1.
addition, extension, structural alteration or conversion of any building or
structure; with the exception of 3.8.4.
3.8.2.2.
change of use of land, buildings, or structures, except when a change is from
one agricultural activity to another;
3.8.2.3.
mineral extraction operations;
3.8.2.4.
relocation, removal or demolition of any building or structure;
3.8.2.5.
signs as per 3.27.1.2;
3.8.2.6.
temporary uses, buildings or structures;
3.8.2.7.
use of vacant buildings or structures, except in the case of farm buildings or
structures used principally for agricultural activities; and
3.8.2.8.
works done on or within floodprone or hazard prone lands such as:
-
building construction or demolition;
-
deposit, removal, alteration or disturbance of any material;
-
drainage alteration - surface or subsurface; and
-
diversion of waterway or waterway channels.
3.8.2.9
Temporary tents that are over 900 square feet, used for special events only,
and erected for not more than 14 consecutive days or 45 days per calendar
year per site will require stamped drawings. Please note temporary tents are
exempt from all zoning requirements (e.g. site coverage, height, setbacks, etc.)
(BL 2016-09P).
3.8.3. Development Permits Not Required
Development Permits are not required for the following, when in compliance with
this zoning by-law:
3.8.3.1.
accessory buildings not exceeding 11.148 sq. metres (120 sq. ft.);
R.M. of West St. Paul Zoning By - Law 2/99P
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3.8.3.2.
driveways which are private and accessory to the principal use, building or
structure;
3.8.3.3.
fence or gate;
3.8.3.4.
landscaping where the existing grade and natural surface drainage pattern is
not materially altered;
3.8.3.5.
light standard;
3.8.3.6.
patios and decks that are accessory to a development and detached from the
main or principal dwelling, provided that they are less than 600 mm (1.97 ft.)
above normal grade;
3.8.3.7.
regular building maintenance and repair that does not include structural
alterations; signs as per 3.27.1.7.; and, home occupations.
3.8.3.8
Temporary tents that are under 900 square feet, used for special events only,
and erected for not more than 14 consecutive days or 45 days per calendar
year per site. Please note temporary tents are exempt from all zoning
requirements (e.g. site coverage, height, setbacks, etc.) (BL 2016-09P).
3.8.4. Development Permits Issued "Prior to"
Development permits for buildings or structures that were in compliance with the
zoning by-law prior to the effective date of this zoning by-law shall be permitted if
acted upon within 12 months of issuance.
3.8.5. Expiration of Development Permit
Development permits shall expire 12 months from the date of issuance if:
-
work has not commenced within that time period; and / or
-
work has not continued at a reasonable pace thereafter.
3.8.6. Inspection of Premises
Development officers may at all reasonable times and with the consent of the owner
or occupier, but subject to The Planning Act, enter upon any land, building or
structure within the jurisdiction of the Board for the purpose of implementing this
zoning by-law.
3.8.7. Owner's Duties
3.8.7.1. Compliance with Zoning By-law (BL 1/2008P)
Neither the granting of a development permit nor the approval of the blue
prints, specifications or inspections made by development officers shall
relieve the owner of the responsibility of complying with the requirements of
this zoning by-law or with any relevant by-laws of the Municipality.
Prior to the issuance of a development permit the applicant may be required to
address any applicable infractions on the subject property.
R.M. of West St. Paul Zoning By - Law 2/99P
3. General Provisions
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3.8.7.2. Inspection by Development Officer
Owners shall not obstruct the development officer in his discharge of duties as
per 3.8.7.
3.8.7.3. Other Licenses and Permits
Every owner shall be responsible for obtaining required permits or
licenses for, but not limited to the following:
-
blasting;
-
buildings;
-
electrical;
-
environmental approvals;
-
grades;
-
highways;
-
occupancy;
-
plumbing;
-
sewers or water supply systems;
-
signs;
-
streets;
-
water rights for wells; and
-
other government department approvals as required.
3.8.7.4. Work at Variance
Every owner shall notify the development officer and obtain approval prior to
doing any work at variance with that for which a development permit was
issued.
3.8.8. Street Frontage
Notwithstanding any other provisions contained in this By - Law and for the
clarification thereof, no use permitted under this By - Law shall be established,
erected or constructed unless the parcel of land on which it is located, in addition to
complying with all other requirements of this By - Law has frontage on a street.
3.8.9. Suspension or Revocation of Permit
The development officer may suspend or revoke a development permit if:
-
the applicant fails to comply with the terms and conditions of the
permit issued; or
-
any person undertakes, causes or permits development on the site
which is contrary to the terms and conditions of the permit issued.
Development shall be discontinued forthwith upon receiving written notice from the
development officer and shall not resume until a permit has been issued or reinstated.
3.9.
DEVELOPMENT STANDARDS
3.9.1. Development Agreement (BL 2022-05 P)
Developments within all zones shall comply with the development standards as
R.M. of West St. Paul Zoning By - Law 2/99P
3. General Provisions
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established by Council in development agreements.
3.9.2 Municipal Design Review Prior to Permit Application (BL 2022-05 P)
3.9.2.1 When a permit is required for multi-family, commercial, institutional, or
industrial development, prior to submitting any formal development
applications to the Red River Planning District, the applicant shall submit
design plans to the R.M. for approval. The site plans shall include parking
areas, equipment and material storage areas, refuse or recycle bins, and
circulation areas, floor plans, building elevations, landscape plans including
any fencing and berming, and if required, a sample of building materials.
Additional municipal design review considerations are stipulated in section
3.9.6.
3.9.2.2 The R.M. of West St. Paul Chief Administrative Officer (or delegate) is
responsible for the review and municipal approval of these development
standards.
3.9.2.3 Once the R.M. of West St. Paul has approved the plans and informed the Red
River Planning District of its decision, the applicant can initiate the formal
development application process with the Red River Planning District.
3.9.3 Single-Family Dwellings (BL 2022-05 P)
3.9.3.1 Orientation:
a)
Main entry to be located on the façade of the dwelling. Where no front
facing entry is proposed, side entries require variance approval.
3.9.3.2 Attached Garage:
a)
Single-family dwellings are limited to one (1) attached garage.
3.9.4 Standards for Storage Containers (BL 2022-05 P)
Notwithstanding the other regulations of this by-law, the following provisions apply
to storage containers:
3.9.4.1 Subject to review by municipal administration prior to permit application.
3.9.4.2 Any clarification for subjective language contained herein shall be at the
determination of R.M. of West St. Paul Chief Administrative Officer (or
delegate).
3.9.4.3 To be used for accessory storage.
3.9.4.4 Maximum size of 9 ft wide by 40 ft long.
3.9.4.5 To be located in a rear yard if it is:
a)
Screened from view from any public street and abutting properties.
R.M. of West St. Paul Zoning By - Law 2/99P
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b)
Painted a uniform neutral tone within 30 days of placement, unless
placed in the winter months in which case the storage container will be
painted within 30 days of the return of suitable weather for painting.
c)
Complies with the site coverage and setback requirements of the zone.
d)
Not located in any required yard; and
e)
Not located in any required parking areas or landscape buffer.
3.9.4.6 In all Agricultural and Commercial Zoning Districts and in the Rural
Residential zone:
a)
To be located on properties 1.4 acres in site area or greater.
3.9.4.7 Unit area to be include in all calculations to determine maximum site
coverage.
3.9.4.8 No stacking of materials on top of container.
3.9.4.9 The maximum number of storage containers shall be limited to:
a)
1 in all Agricultural Zones and only on properties with an area greater
than 1.4 acres.
b)
1 in the Rural Residential Zone and only on properties with an area
greater than 1.4 acres.
c)
1 in all Commercial Zones.
3.9.4.10 Notwithstanding the above, when actively used for the transportation of
goods and materials within all Industrial Zoning Districts there is no
maximum number of storage containers and Storage Containers to be situated
as permitted within related General Provisions and related Bulk tables.
3.9.4.11 Notwithstanding the above, a 'POD's container may be permitted for
temporary use, provided it meets the requirements for temporary buildings
and structures in this by-law and does not remain more than 14-days.
3.9.4.12 Notwithstanding the above, a storage container may be permitted for
temporary use on construction sites, provided it meets the requirements for
temporary buildings and structures in this by-law.
3.9.5 Municipal Design Standards (BL 2022-05 P)
Wherever Municipal Design Standards are referenced herein, the City of Winnipeg
Standard Constructions Specifications and amendments thereto shall apply.
3.9.6 Serviced Area Design Standards (BL 2022-05 P)
3.9.6.1 Owners must complete development in accordance with the design standards
in sections 3.9.6.3 through 3.9.6.6 unless those standards are otherwise
provided by another section of this By-law or by a Variance Order.
3.9.6.2 Intent
a)
The intent of the design standards in this section is to (a) implement
high-quality design in Serviced Area; (b) ensure that the design of
multi-building complexes integrate circulation systems for
R.M. of West St. Paul Zoning By - Law 2/99P
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automobiles, bicycles, and pedestrians; and (c) to ensure that the
design quality of multi-family, commercial, institutional, mixed use,
and industrial developments protects and enhances the image of
surrounding developments.
3.9.6.3 Multi-Family Residential Development
Each principal building or development in which most of the gross floor area
is occupied by multi-family dwellings use must comply with the standards set
out in this section:
3.9.6.3.1 Municipal Design Review Considerations
Municipal design review of development, redevelopment, or
expansion is intended to ensure the thoughtful integration of such
proposals into their local context and consistency with Zoning By-
law 2/99 "P". Design review will focus on a proposal's consistency
and compatibility with the standards of Zoning By-law 2/99 "P",
with highest levels of scrutiny where multi-family uses meet/mix
with non-multi-family uses and where appropriate and reasonable.
3.9.6.3.2 Facades and Articulation
Each multi-family principal building, must:
a)
Orient main entrances to be front facing.
b)
Incorporate architectural articulation of the front façade and
at entryways.
c)
In cases where there are multiple buildings on-site, facades
must be diversified to avoid 'blank-face' or 'cookie-cutter'
aesthetics, yet compatible with other buildings on-site.
d)
Build with facia and finishing materials that are durable.
e) A townhouse dwelling structure shall contain no more than
eight (8) dwelling units in a continuous row.
3.9.6.3.3 Rooftop Equipment Screening
a)
Rooftop mechanical equipment and appurtenances must be
screened so that they are not visible from adjacent public
streets or adjacent properties less than 200 feet away when
viewed from 5 feet above grade level.
b)
Screening enclosures must be constructed of a material
similar in appearance to at least one of the materials used in
the facades of the principal building and one of the same
colours used in the principal building.
c)
All air conditioning compressors must be completely
screened.
d)
Any rooftop equipment generating noise that can be heard
outside the boundaries of the lot must also be buffered or
otherwise attenuated to direct unavoidable noise upward.
(See Illustration 1.)
R.M. of West St. Paul Zoning By - Law 2/99P
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Illustration 1: Rooftop Equipment Screening
3.9.6.3.5 Pedestrian and Bicycle Access
a)
Each multi-family dwelling development containing more
than 50 dwelling units, whether developed in a single or
multiple phases, and whether in a single or multiple principal
buildings, must comply with the following standards, where
applicable:
i.
Paths and Pathways
Pedestrian and bicycle paths and pathways must be
developed to connect to existing or proposed Municipal
pathways. Paths and pathways must be designed and
constructed to Municipal Design Standards;
ii.
Bicycle Access
Bicycle access routes must be provided between public
bicycle lanes, paths, or pathways and on-site bicycle
parking areas. Sites should be designed by a registered
Landscape Architect or other suitable design
professional to avoid or minimize all conflicting
bicycle/motor vehicle and bicycle/pedestrian
movements. All bicycle paths and pathways connecting
to the municipality's path and pathway system must
comply with Municipal Design Standards;
iii.
Visibility of Common Areas
To promote public safety, primary multi-family
dwelling buildings and landscaping must be located and
designed so that clear sight lines are provided to and
between common open spaces, circulation paths, and
access points into the development, where applicable.
R.M. of West St. Paul Zoning By - Law 2/99P
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3.9.6.4 Commercial or Institutional Development
Each principal building or development in which most of the gross floor area
is occupied by commercial or institutional use must comply with the standards
set out in this section, unless the provisions of section 3.9.6.6 Commercial
Mixed-Use Development Apply:
3.9.6.4.1 Municipal Design Review Considerations
Review of development, redevelopment, or expansion is intended to
ensure the thoughtful integration of such proposals into their local
context and consistency with Zoning By-law 2/99 "P". Design
review will focus on a proposal's consistency and compatibility with
the standards of Zoning By-law 2/99 "P", with highest levels of
scrutiny where commercial or institutional uses meet/mix with non-
commercial or non-institutional uses and where appropriate and
reasonable.
3.9.6.4.2 Notwithstanding other provisions of this By-law, the following uses
shall not be allowed as a primary/main use in the Commercial Zones
when located in the Serviced Area:
a)
The establishment of a Single Family Dwelling;
3.9.6.4.3 Notwithstanding other provisions of this By-law, the following uses
may be approved only as conditional uses, where they are otherwise
permitted, in the Commercial Zones when located in the Serviced
Area:
a)
Fuel sales;
b)
Car wash;
c)
Parking, structured;
d)
Drive-in or drive-through (as an accessory use).
3.9.6.4.4 Dimensional Standards
Notwithstanding other provisions in this By-law, when located in the
Commercial Zones in the Serviced Area, development must comply
with the dimensional standards in this subsection.
3.9.6.4.4.1 Height of Principle Buildings
For properties zoned "CM" Commercial Mixed Use:
-
45 feet, only for developments meeting the following criteria;
a)
The use is primarily multi-family dwelling;
b)
The lot area is a minimum of 9,000 square feet;
c)
The fourth story is setback from the street, at a
distance equal to or greater than the height of
the fourth story (see Illustration 2);
-
35 feet, in all other instances.
R.M. of West St. Paul Zoning By - Law 2/99P
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Illustration 2
3.9.6.4.4.2 Facades and Articulation
Each commercial or institutional principal building, other than large
commercial retail buildings, as defined in subsection 3.9.6.4.4.5
below, must meet at least two of the following four standards, with the
choice of those standards to be at the option of the owner:
1.
Transparency Option
a minimum of 10 percent of each façade area that faces
a street must be composed of transparent materials. At
least ½ of this amount must be provided so that the
lowest edge of the transparent materials is no higher
than 4 feet above the street level (See Illustration 3);
Illustration 3: Transparency
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In this example, windows and doors with a transparent
surface area equal to 10 percent of the façade surface
area are provided on the front façade. Transparent
materials should be located to provide visual interest to
pedestrians, with the bottom edge of at least half of
them located no higher than 4 feet above grade.
2.
Wall Plane Articulation Option
each façade greater than 100 feet in length abutting a
street, measured horizontally, must incorporate
architectural features such as wall plane projections,
recesses, or other building material treatments and
textures that visually interrupt the wall plane. No
uninterrupted length of any façade must exceed 100
horizontal feet.
3.
Vertical Articulation Option (for Buildings Taller than
30 Feet)
each principal building taller than 30 feet in height must
be designed so that the massing or façade articulation of
the building presents a clear base, middle, and top (See
Illustration 4.);
Illustration 4: Example of Vertical Articulation
4.
Roof Articulation Option
where sloping roofs are used, at least one projecting
gable, hip feature, or other break in the horizontal line
of the roof ridgeline must be incorporated for each 60
lineal feet of roof. Where flat roofs are used, the design
or height of the parapet must include at least one
change in setback or height of at least 3 feet along each
60 lineal feet of façade. (See Illustration 5.)
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Illustration 5: Example of Roof Articulation
3.9.6.4.4.3 Entryway Design and Location
Each principal building must have clearly defined, highly
visible main entrances for occupants and/or customers with
features designed to emphasize the importance of the entrance,
which must include at least two of the following features, with
the choice of the features to be at the option of the owner:
a)
a canopy or portico;
b)
a roof overhang;
c)
a horizontal recess or projection;
d)
an arcade or arch;
e)
a peaked roof form;
f)
an outside patio;
g)
a display window;
h)
architectural tilework or mouldings integrated into the
building design;
i)
integrated planters or wing walls that incorporate
landscaped areas or seating areas; or
j)
another architectural feature not found on the remainder
of that building façade.
3.9.6.4.4.4 Rooftop Equipment Screening and Projections
a)
Rooftop Equipment Screening
Rooftop mechanical equipment and appurtenances must
be screened so that they are not visible from adjacent
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public streets or adjacent properties less than 200 feet
away when viewed from 5 feet above grade level.
Screening enclosures must be constructed of a material
similar in appearance to at least one of the predominant
materials used in the facades of the principal building
and one of the predominant colours used in the
principal building. All air conditioning compressors
must be completely screened. Any rooftop equipment
generating off-site noise must also be buffered or
otherwise attenuated to direct unavoidable noise
upward when adjacent to residential or institutional
zoning districts.
b)
Building Projections
All building projections that remain visible from
abutting public streets after the screening required by
subsection 3.9.6.4.4.4(a) above, including but not
limited to chimneys, flues, vents, gutters, and down
spouts, must match the colour of the surface from
which they project, the building's trim colour, or be
constructed of materials such as brick or stone that
match materials used on the building.
3.9.6.4.4.5 Additional Standards for Large Commercial Retail
Buildings
In addition to meeting the standards in subsections 3.9.6.1 through
3.9.6.4. above single-storey retail buildings containing 65,000 square
feet or more of gross floor area in must meet the following additional
standards:
a)
Façade Articulation
Each building façade must have a repeating pattern that
includes no less than three instances of at least one of
the following:
i.
colour change;
ii.
texture change;
iii.
material module change; or
iv.
expression of an architectural or structural bay
through a change in plane no less than 12 inches
in width, such as an offset, reveal, or projecting
rib.
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b)
Pedestrian Oriented Design Features
Ground-floor façades that face public streets must have
arcades, display windows, entry areas, awnings, or
other such features along no less than 60 percent of
their horizontal length (See Illustration 6.).
Illustration 6: Example of Pedestrian Oriented Design Features
c)
Pedestrian and Bicycle Access
each commercial or institutional development
containing more than 100,000 square feet of gross floor
area, whether in a single or multiple phases, and
whether in a single or multiple principal buildings, must
comply with the following standards, where applicable.
Paths and Pathways
i.
Where applicable, pedestrian and bicycle paths
and pathways must be developed, as determined
by the Municipality. The path/pathway must be
designed and developed to Municipal Design
Standards;
Bicycle Access
i.
Bicycle access routes must be provided between
public bicycle lanes, paths or pathways and on-
site bicycle parking areas, as determined by the
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Municipality. Sites should be designed by a
registered Landscape Architect or other similar
design professional to avoid or minimize all
conflicting bicycle/motor vehicle and
bicycle/pedestrian movements. All bicycle
paths and pathways connecting to the
Municipality's path and pathway system must
comply with the Municipality's Design
Standards.
3.9.6.5 Industrial Development
Each principal building or development in which most of the gross floor area
is occupied by uses categorized in the Industrial Use Table must comply with
the following standards, unless the provisions of section 3.9.6.6, Commercial
Mixed-Use Development, apply.
a)
Municipal Design Review Considerations
Review of development, redevelopment, or expansion is intended to
ensure the thoughtful integration of such proposals into their local
context and consistency with Zoning By-law 2/99 "P". Design review
will focus on a proposal's consistency and compatibility with the
standards of Zoning By-law 2/99 "P", with highest levels of scrutiny
where industrial uses meet/mix with non-industrial uses and where
appropriate and reasonable.
b)
Façade Articulation
Each industrial principal building must meet at least one of the
following three standards, with the choice of the standard to be at the
option of the owner:
i.
Wall Plane Horizontal Articulation Option
each façade greater than 100 feet in length abutting a street,
measured horizontally, must incorporate architectural features
such as wall plane projections, recesses, or other building
material treatments and textures that visually interrupt the wall
plane. No uninterrupted length of any facade may exceed 100
horizontal feet.
ii.
Vertical Articulation Option (for Buildings Taller than 30 Feet)
each principal building greater than 30 feet in height must have
a change in cladding material or surface plane. No single
cladding material or surface plane (as applicable) may extend
for an uninterrupted vertical distance of more than 30 feet;
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iii.
Parapet Variation Option
all facades visible from a public street must include a parapet
that varies in height by at least 3 feet for each 60 lineal feet of
façade length. (See Illustration 7.)
Illustration 7: Example of Parapet Variation Option
c)
Entryway Design
Each principal building must have clearly defined, highly visible main
entrances for occupants and/or patrons with features designed to
emphasize the importance of the entrance, including at least one of the
following elements, with the choice of the element to be at the option
of the owner:
i.
a canopy or portico;
ii.
a roof overhang;
iii.
a horizontal recess or projection;
iv.
an arcade or arch;
v.
a peaked roof form;
vi.
an outside patio;
vii.
a display window;
viii.
architectural tilework or mouldings integrated into the building
design;
ix.
integrated planters or wing walls that incorporate landscaped
areas or seating areas; or
x.
a similar architectural feature not found on the remainder of
that building façade.
3.9.6.6 Commercial Mixed-Use Development
In a commercial mixed-use development, each principal building must comply
with the standards of sections 3.9.6.3, 3.9.6.4, and/ or 3.9.6.5, as applicable,
unless the applicant chooses to request alternative design treatment pursuant
to subsections (a) or (b) below.
a)
If a commercial mixed-use development contains a single principal
building containing a mix of
i.
principal multi-family uses and
ii.
principal uses categorized in the Commercial Use Table,
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the owner may choose to comply with either the standards of
section 3.9.6.3 or the standards of section 3.9.6.4.
b)
If commercial mixed-use development contains a single principal
building containing a mix of
i.
principal uses categorized in the Commercial Use Table, and
ii.
principal uses categorized in the Industrial Use Table,
the owner may choose to comply with either the requirements
of section 3.9.6.4 or the requirements of section 3.9.6.5.
c)
Regardless of which option is selected, all development subject to the
large commercial retail design standards in subsection 3.9.6.4.4.5
above must comply with all standards applicable to such development.
3.9.7 Local heritage buildings shall comply with any municipal or provincial heritage
regulations.
3.9.8 Outdoor Solid Fuel Heating Systems (BL 1/2009P)
3.9.8.1. An outdoor solid fuel heating system is considered a self-contained unit
designed to provide heating to the principal building or any other structure or
area on the premises.
3.9.8.2. Only manufacturer approved material may be burned which may include
such solid fuels as natural untreated wood, wood pellets, corn products,
biomass pellets or other fuels permitted specific to manufacturer's
specifications.
3.9.8.3. Heating materials, as listed above, must be stored in an orderly fashion at a
distance of at least 10 ft. from the heating system.
3.9.8.4. The amount of heating material stored can not exceed the amount that would
be used during a typical season, as interpreted and approved by Council
and/or the designated Officer of Council.
3.9.8.5. The burning of treated wood, rubbish, garbage, any plastic material, rubber
and rubber-like products, newspaper, cardboard, any paper with ink or dye
products or any other materials not specifically outlined by the manufacturer
are strictly prohibited.
3.9.8.6. Fuel materials shall not be stored within the same structure as the heating
system.
3.9.8.7. Any outdoor solid fuel heating system is required to obtain a development
permit from the Red River Planning District, approval by the Municipal
Engineer and by resolution of Council. Please note approval may be subject
to conditions.
3.9.8.8. Outdoor solid fuel heating systems are not permitted in or within 1500 ft. of
the "A4" - Agricultural zone, the "CM" - Commercial Mixed-Use zone or
any residential zones.
3.9.8.9. Outdoor solid fuel heating systems shall not be permitted on parcels of land
less than 4 acres in size.
3.9.8.10.An outdoor solid fuel heating system and chimney shall be laboratory tested
and listed to appropriate safety standards such as UL (Underwriters
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Laboratory), CAN/CSA (Canadian National Standard/ Canadian Standards
Association.
3.9.8.11. Outdoor solid fuel heating system buildings or structures shall;
a)
Be located behind the rear wall of the principal building on site;
b)
Be located at least 50 ft. clear of all projections;
c)
Be located at least 200 ft. from any property line;
d)
Be installed as per insurance requirements;
e)
Be installed as per manufacturers specification;
f)
If located within 300ft. of another residence not served by the furnace,
the stack height must be 2 ft. higher than the peak of the neighbouring
residence.
3.10. ENFORCEMENT
3.10.1. Enforcement
Enforcement of this by-law shall be as per The Planning Act.
3.10.2. Existing Violations
The adoption of this by-law shall not prevent any actions to abate, nor pending or
future prosecution of, violations under the former zoning by-law, provided said
violations are also violations of this zoning by-law.
3.11. EXTERIOR STORAGE
3.11.1. Exterior Storage Fencing Requirements
Fencing requirements for exterior storage resulting from permitted or conditional uses
within the agricultural, commercial and industrial zones shall be as per 3.11.2.,
notwithstanding 3.11.1.1.
3.11.1.1. Agricultural Zone Exemption
General and limited agricultural activities and associated exterior storage of
materials, equipment and machinery shall be exempt from the fencing
requirements under 3.11.2.
3.11.2. Fencing
3.11.2.1. Design
Any permitted or conditional use requiring outside storage shall be enclosed
on all sides, with a minimum 1.83 m (6 ft.) to maximum 2.44 m (8 ft.) high
solid wall or opaque .
Materials and maintenance shall be as per 3.11.2.2. and 3.11.2.3.
3.11.2.2. Maintenance
A caveat may be filed against the title in order to ensure that the fence is
maintained to municipal standards. The maintenance plan may require the
posting of a performance bond.
3.11.2.3. Materials - Permitted (BL 6/2001P)
Permitted fencing materials include the following:
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-
minimum 1.905 cm. (3/4 in.) thick douglas fir, cedar or hemlock -
rough sawn, pressure treated No. 2 common, tight knot;
-
concrete;
-
ornamental block;
-
brick;
-
metal excluding chain link;
-
combination thereof; or
-
any other material, subject to:
o
illustration by a certified professional engineer or architect,
o
approval by the Red River Planning District Board.
The above fencing shall be uniformly painted and maintained.
3.11.2.4. Materials - May be Permitted (BL 6/2001P)
The following materials may be permitted in the construction of fencing
subject to entering into an agreement with the municipality:
-
chain link;
-
used materials which may include landscape ties, railway ties or utility
poles.
3.11.2.5. Posts
Fence posts shall be wood, metal or concrete.
3.11.3. Front Yard Storage (BL 2/2006P)
No front yard storage shall be permitted in Industrial zones, unless permission is
obtained from Council.
3.12. FLOOD PRONE OR HAZARD PRONE LANDS (BL 2022-05 P)
Flood prone lands are those lands which are subject to flooding at the 200 year flood
level as specified by provincial authority having jurisdiction. Where levels exceed the
200 year flood level, the record flood level shall apply.
Hazard prone lands shall include lands:
-
within a horizontal distance of 106.68 metres (350 ft.) or greater of the normal
high water mark of the Red River; or
-
that are subject to subsidence or are low-lying, marshy or unstable, or are
otherwise unsuitable or hazardous for a proposed purpose by virtue of its soil or
topography.
3.12.1. Application Requirements
3.12.1.1. Permanent Buildings or Structures
Permanent buildings or structures shall not be located on flood prone or
hazard prone lands unless in accordance with 3.8.1.
3.12.1.2. Temporary Buildings or Structures
Temporary or movable buildings or structures may be located on or within
flood prone or hazard prone lands subject to 3.8.1. and the developer
entering into a development agreement with the Municipality.
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3.12.2. Bank Stabilization
Bank stabilization works shall not be permitted, unless in accordance with
3.8.1.
3.12.3. Clearing and Cultivation
Clearing of natural vegetation and cultivation of land shall not be permitted
within a horizontal distance of 15.24 metres (50 ft.) of the normal high water
mark of the Red River, unless in accordance with 3.8.
3.12.4. Deposition of Material
Deposition of material shall not be permitted within a horizontal distance of
106.68 metres (350 ft.) of the normal high water mark of the Red River,
unless in accordance with 3.8.
3.12.5. Permanent Buildings or Structures - Construction
3.12.5.1. Basements
Basements in flood prone lands shall:
-
not contain habitable space unless flood protection has been
provided;
-
not be used for storage of immovable materials or hazardous
materials that are buoyant, flammable, explosive or toxic;
-
not contain electrical circuit breaker panels;
-
be provided with a sump pit; and
-
have back-up valves in the sewer pipes or pipes leading to a
holding tank or disposal field.
3.12.5.2. Basement Floor Elevations
Basement floor elevations in flood prone lands shall:
-
not be lower than 0.6 metres (2 ft.) below flood protection level
if the fill material is pervious such as sand; or
-
not be lower than 1.7 metres (5.5 ft.) below flood protection
level if the fill material is impervious such as clay.
3.12.5.3. Flood Protection (BL 2022-05 P)
Permanent buildings or structures shall be protected from flooding
by raising the building site to the flood protection level.
Flood protection levels shall be as listed below and as applicable.
-
200 year flood level plus 0.6 metres (2 ft.) or as specified by
the provincial authority having jurisdiction.
-
elevation of 722 ft., Geodetic Survey of Canada Datum for
lands adjacent to Lake Winnipeg.
3.12.5.4. Flood Protection - Exemptions
The following shall be exempt from flood protection requirements
subject to the developer entering into a development agreement with
the Municipality:
-
structural alterations to legally existing buildings or structures;
and
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-
buildings or structures accessory to a legally existing buildings
or structures.
3.12.5.5. Surrounding Fill
The level of the surrounding fill at the building line shall not be less
than the flood protection level, and shall:
-
not slope more than .152 metres (6 in.) vertically to 4.572
metres (15 ft.) horizontally from the building line; and
-
not more than 0.305 metres (1 ft.) vertically to 1.219 metres (4
ft.) horizontally thereafter.
In Lieu of Surrounding Fill
In lieu of fill, permanent buildings or structures shall:
-
have the floor elevation of any finished space at least 0.914
metres (3 ft.) above the flood protection level; and
-
have piles or other support system approved by a certified
structural engineer.
3.13. GEOTECHNICAL REPORTS
3.13.1. As per Section 3.8.1.3., geotechnical reports shall be prepared by a certified
professional geotechnical engineer and may contain evidence of the following:
-
test borings;
-
ground water piezometer tests;
-
slope indicators where necessary;
-
identification of any sub-surface mining operations;
-
river erosion analysis; and
-
surface erosion analysis.
The conclusions provided within the above engineering study shall approve the
proposed design(s) and fully acknowledge soil conditions and proposed siting of the
development.
3.13.2. The Geotechnical Report shall confirm that the proposed development will not:
a) Impede surface or subsurface water flow;
b) De-stabilize land, including the waterway bed; or
c) Adversely alter waterway channels or bank stability.
3.13.3. The authority having jurisdiction may exempt the requirement for a Geotechnical Report
if:
a) There is an existing roadway between the bank and the proposed development
requiring a building permit, or;
b) If confirmed by a Geotechnical Engineer in writing that acceptable
information on subsurface conditions already exists, the investigation may not
require further physical subsurface exploration or testing.
3.14. HEIGHT EXCEPTIONS
3.14.1. Height restrictions within the Bulk Tables do not apply to the following:
-
antennae;
-
chimneys;
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-
communication towers eg. television or radio towers;
-
electrical apparatus or the mechanical operations of the building provided that
no roof structure or space is usable floor space;
-
electrical or telephone transmission lines;
-
elevator shafts or stairway enclosures;
-
flag poles;
-
gravel piles or the like;
-
lightening rods;
-
lighting standards;
-
mechanical equipment enclosures;
-
ornamental domes;
-
satellite dishes;
-
silos;
-
skylights;
-
solar collectors;
-
steeples;
-
ventilators;
-
water storage tanks; and
-
windmills.
3.14.2. Notwithstanding 3.14.1. above, limitations prescribed or practices recommended by
Transport Canada with respect to height limitations and appropriate lighting in the
vicinity of airfields shall prevail.
3.15
HOME OCCUPATIONS AND HOME INDUSTRIES (BL 4/2004P)
3.15.1 General Characteristics
Certain uses carried out within the confines of a residential dwelling unit or within an
accessory building on a property zoned as Agricultural, Residential or Commercial,
may be permitted if such uses are incidental to the primary use of the property,
subject to the following criteria.
3.15.2 Classification of Home Occupations and Home Industries
Because of their diversity it is not possible to list all businesses that would be
classified as either a Home Occupation or a Home Industry. The following list
provides examples of Home Occupations and Home Industries. This list should be
used only as a guide to judge the suitability of occupations not on the list. Uses of a
similar nature would be considered as well.
3.15.2.1. Home Occupations
- Computer sales and programming
- Consulting service (engineering, computer, planning)
- Bookkeeping, accounting, investment counselling
- Business office associated with a permitted Home Industry
- Craft manufacturing & sales (paintings, stained glass, pottery,
ceramics, jewellery)
- Drafting, computer graphics, interior design
- Dress making, sewing
- Electronics, and small household appliance sales and repair
- Photography
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- Real estate and insurance
- Tutoring, music, dance and singing training
- Personal Services (hairdressing and barbering, licensed massage
therapists, reflexology.
3.15.2.2. Home Industries
In addition to all businesses classified as Home Occupations, the following
examples are types of business that would also be classified as Home
Industries.
- Automobile repairs
- Agricultural commercial
- Building trades (carpentry, electricians, plumbing)
- Car brokerages *
- Commercial printing
- Small engine and equipment sales and repair
- Large household appliances (stoves, dryers, etc.)
- Printing services
- Upholstery (household & auto)
- Mobile signs
* Maximum 2 D-registered vehicles on premises at any one time.
None to be on display.
3.15.3 Required Conditions:
Home Occupations:
3.15.3.1. Character - Secondary Use
The home occupation shall be operated as an accessory use only, and shall
not change the principal character or external appearance of the dwelling
involved.
3.15.3.2. Employees
Home occupations shall be carried on solely by the members of the family
residing at the same dwelling unit and shall not employ other persons.
3.15.3.3. Floor Area
The home occupation within the dwelling unit or accessory building shall
not exceed 20% of the total floor area of such residence.
3.15.3.4. Hazardous Materials
No toxic matter, explosive, flammable, combustible, corrosive, radioactive
or other restricted material may be used, stored or produced.
3.15.3.5. Location
Home occupations must be carried out within the confines of the occupant's
residential dwelling unit or its accessory building.
3.15.3.6. Noise
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There shall be no mechanical or electrical equipment used which creates
undue noise, or visible or audible interference in radio or television
reception within adjacent dwellings.
3.15.3.7. Parking
A home occupation shall not require parking in excess of that which is
characteristic of the zone within which it is located.
3.15.3.8. Pedestrian or Vehicular Traffic
The home occupation shall not generate undue pedestrian or vehicular
traffic beyond that characteristic of a residential neighbourhood.
3.15.3.9. Public Nuisance
The home occupation shall not become offensive or obnoxious or create a
public nuisance.
3.15.3.10. Sales
Articles sold or offered for sale are limited to those that are:
-
produced therein; or
-
produced elsewhere, but are pre-packaged and held on a temporary
basis for distribution to customers.
3.15.3.11. Storage
There shall be no exterior storage of business equipment, materials,
merchandise or inventory.
Home Industries:
3.15.3.12. Home Industries will only be permitted as a Conditional Use within
Agricultural zones.
3.15.3.13. Home Industries must be carried out within the confines of an accessory
building, except for a business office which may be permitted in the
residential dwelling.
3.15.3.14. There shall be no exterior storage of business equipment, materials,
merchandise or inventory, notwithstanding Section 3.11.
3.15.3.15. Employment is restricted to a maximum of two residents of the premises.
3.15.3.16. Signs for home industries shall be limited to 1 identification sign:
-
a maximum of 0.37 sq. m. (4.0 sq. ft.);
-
non-illuminated; and
-
compatible with the residential character of the area.
3.15.3.17. Additional parking requirements for customers may be provided in the
rear yard. No additional parking spaces will be permitted in any front yard
or side yard.
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3.15.3.18. The home industry shall not generate pedestrian or vehicular traffic in
excess of that which is characteristic of the zone in which it is located.
3.15.3.19. No toxic matter, explosive, flammable, combustible, corrosive,
radioactive, or other restricted material may be used, stored, or produced.
3.15.3.20. The home industry shall have all outdoor lighting located and arranged on
the property so that no rays of light are directed at any adjacent property.
3.15.3.21. In no case shall the Home Industry be open to the public at times earlier
than 8:00 a.m. nor later than 10:00 p.m. unless agreed to by Council.
3.15.4. Zoning Use Tables
The individual Zone Use Tables in Sections 5 to 9 outline which uses will be allowed
as permitted or conditional uses. Permitted uses will not require Council's approval,
while Conditional uses must follow the procedure outlined in Section 3.7 of this By-
law.
3.15.5. Business Licence
Permits for Home Occupations and Home Industries must be obtained from the
Municipality prior to the commencement of the business.
3.16 LANDSCAPE FEATURES
3.16.1. Exterior Storage See 3.11.
3.16.2. Fences / Hedges
Fences shall not include barbed wire fences except in agricultural, industrial and
commercial zones; and shall not include electric fences except in agricultural zones.
Fences, hedges and the like shall be permitted in all yards and shall be limited in
height as per Table 3 (BL 2016-09P).
Table 3: Fence/Hedge Height (BL 2016-09P)
A = Agricultural
R = Residential
C = Commercial
M = Industrial
OS = Open Space
Zone
Front Yd.
Max . or Range
Side Yd.
Max. or Range
Rear Yd..
Max
A
unlimited
unlimited
unlimited
R
1.219 m.(4 ft.)
1.981 m. (6 ft.-6")
1.981 m. (6 ft. -6")
C(BL
2016-
09P)
1.829 m. (6 ft.) to
2.438 m. (8 ft.)
1. 981m. (6 ft. -6")to
2.438 m. (8 ft.)
1. 981m. (6 ft. -6")to
2.438 m. (8 ft.)
M
1.829 m. (6 ft.) to
2.438 m. (8 ft.)
1. 981m. (6 ft. -6")to
2.438 m. (8 ft.)
1. 981m. (6 ft. -6")to
2.438 m. (8 ft.)
OS
1.219 m.(4 ft.)
1. 981m. (6 ft. -6")to
2.438 m. (8 ft.)
1. 981m. (6 ft. -6")to
2.438 m. (8 ft.)
Measurements in Metric followed by Imperial in brackets (BL 2016-09P)
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Bulk regulations for accessory structures shall not include fences / hedges; these are to
conform to Table 3 Fence / Hedge Height. (BL 6/2001P)
3.16.3. Highway Allowance
Landscape features shall be set back in accordance with the Highway Protection Act.
3.16.4. Ponds and Fountains - lined
Ponds and fountains on the property of a single family dwelling, which are lined and
have a water capacity exceeding 0.6096 metres (2 ft.), shall be deemed private pools
and shall be subject to the:
- Manitoba Building Code regulations; and
- bulk requirements for accessory buildings and structures.
3.16.5 Landscaping in Multi-Family Residential Zones (BL 2018-04P)
3.16.5.1
A landscaping plan is required and no landscaping work shall be
commenced unless the landscaping plan is approved by the Designated
Officer.
3.16.5.2
A landscaping plan shall contain the following information for the site
and adjacent boulevards:
a)
all physical features, existing or proposed, including vegetation,
berm contours, walls, fences, outdoor furniture and fixtures,
surface utilities, garbage & recycling collection, and paving;
b)
all shrubs and trees, whether existing or proposed, labelled by
their common name, botanical name, and size; and
c)
a description of the compatibility of all physical features,
existing or proposed, with adjacent sites.
3.16.5.3
Notwithstanding the provisions of Section 3.16.5.2(b) above, the
Designated Officer may consider an application if, in the Designated
Officer's opinion, the development is of such a nature as to enable the
decision to be made on the application without all of the information.
3.16.5.4
In the event that planting material required in an approved
development is inappropriate or fails to survive, the Designated Officer
may allow or require alternative materials to be substituted.
3.16.5.5
The owner shall be responsible for landscaping and proper
maintenance. The Designated Officer may require, as a condition of
approval, that the applicant provide an irrevocable letter of credit in the
amount of 100.00 percent of the estimated landscaping cost, the
condition of the said irrevocable letter of credit being that if the
landscaping is not completed in accordance with this By-law and the
plan within one growing season after the completion of the
development, then the amount required to complete the landscaping
shall be paid to the Municipality from the said irrevocable letter of
credit.
3.16.5.6
Where landscaping is required to be provided on a site in any
R.M. of West St. Paul Zoning By - Law 2/99P
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residential zone, trees shall be provided on the basis of a minimum one
tree for each 41.81 sq. m. (450.00 sq. ft.) of any required yard at grade.
3.16.5.7
Where landscaping is required to be provided on the site of a
residential zone all required yards and all open spaces, excluding
parking spaces, on-site circulation, outdoor storage, display and service
areas, shall be landscaped in accordance with the landscaping plan.
This shall include appropriate screening of utility facilities.
3.16.5.8
All plant material required shall be hardy to the location on the site
where they are planted. The horticultural standards of the Canadian
Nursery Trades Association shall be used as a reference in selecting
plants.
3.16.5.9
Deciduous trees shall be at least 50.00 mm. (2.00 in.) caliper when
planted and evergreen trees shall have a minimum height of 2.44 m.
(8.00 ft.) when planted.
3.16.5.10
Plant materials located within 6.10 m. (20.00 ft.) of a public street must
be of a salt- tolerant species.
3.16.5.11
The owners shall maintain all landscaping and buffering areas required
by this By-law free from refuse and debris and with a neat appearance,
and shall maintain plant materials including lawns and naturalized
landscaping, in a healthy condition. The owner shall replace any plant
material required by this By-law that dies or becomes diseased.
3.16.6 Landscaping for Parking and Storage Areas in Multi-Family Residential Zones (BL
2018-04P)
3.16.6.1
Where off-street parking for fifty or more vehicles is provided at grade
on a site, there shall be landscaped open space within the parking area.
Landscaped open space in the parking areas shall be provided in the
minimum amount of 1.50 sq. m. (16.15 sq. ft.) for each parking space.
The required landscaping shall not be located in one area, and shall be
placed within the parking area so as to break up large areas of parking
and to provide visual relief.
3.16.6.2
A parking area having eight or more parking spaces and which is
visible from an abutting site in a residential district, shall be fenced or
have a screen planting. The location, length, thickness and height of
such fence or screen planting shall be in accordance with the
landscaping plan.
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Illustration 8: Parking
3.16.6.3
Garbage collection, loading, storage or outdoor service areas shall be
fenced or have a screen planting, consisting of evergreen trees or
shrubs, or flowering trees or shrubs, or a combination thereof, in
accordance with the landscaping plan and:
a)
shall be located to the rear of a line adjacent to and parallel with
the front wall of the principal building; and
b)
shall be maintained to provide effective screening from any
public roadway or adjacent sites.
3.16.6.4
Where, because of conditions not conducive to good horticultural
practices, a screen planting cannot reasonably be expected to survive,
the Designated Officer shall require a masonry wall, wood fence or
earth berm, or combination thereof, to be substituted for the
requirements of Section 3.16.6.3 above.
3.16.6.5
Any screen planting required shall consist of evergreen trees or shrubs,
or flowering trees or shrubs, or both. All screen plantings shall be
maintained to provide effective screening from the ground to a height
of 2.00 m. (6.56 ft.), unless located in a front yard where all screen
plantings shall be maintained to provide effective screening from the
ground to a height of 1.22 m. (4.00 ft.).
3.16.6.6
Notwithstanding any of the above requirements, the landscaping plan
shall take into account requirements for Flood Prone or Hazard Prone
Lands, and, shall seek to protect and/or enhance any related Flood
Prone or Hazard Prone Lands, and may be subject to Geotechnical
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Reports.
3.16.7. Lighting (BL 5/2006P)
Lighting requirements apply to uses other than residential.
3.16.7.1. Wall mounted lights must have fully shielded luminaries to direct light
downward.
3.16.7.2. No owner may install or maintain a light source that is directed outward
toward property boundaries or adjacent right-of-way.
3.16.7.3. Lighting must be directed downward except for low-voltage architectural,
landscape and decorative lighting, which is subject to subsection below.
3.16.7.4. Architectural, landscape and decorative lighting may be directed upward to
illuminate flags, statues or any other objects but must use a narrowly
directed light whose light source is not visible from adjacent residential
properties.
3.16.7.5. All light sources must be shielded to prevent glare.
3.17
LOADING SPACES
3.17.1. Access
Accessory off-street loading areas shall have access to a street or public lane.
3.17.2. Calculation - Number of Required Spaces
Accessory off-street loading spaces shall be provided and maintained in accordance
with Table 4.
Table 4: Loading Space Table
Use
Floor Area
Number of Loading
Spaces required
Colleges, Trade Schools,
Clubs, religious institutions,
nursing homes and personal
care homes, hospitals
Less than 10,000 sq ft
10,000 sq ft to 199,999 sq ft
200,000 sq ft or more
0
1
1 additional for each 200,000
sq ft in excess of 200,000 sq ft.
Financial Institutions,
clinics, Professional,
Financial And Office
Support Services, banquet
halls parish halls, curling
rinks and similar recreation
facilities
Less than 20,000 sq ft
20,000 sq ft to 199,999 sq ft
200,000 sq ft or more
0
1
1 additional for each 200,000
sq f in excess of 200,000 sq ft.
Uses not defined above and
primarily concerned with
the handling of goods
Less than 20,000 sq ft
20,000 sq ft to 39,999 sq ft
40,000 sq ft to 59,999 sq ft
60,000 sq ft to 79,999 sq ft
80,000 sq ft or more
1
2
3
4
1 additional for each 50,000 sq
ft in excess of 50,000 sq ft.
Measurements in Imperial only
3.17.3. Dimension
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Minimum dimensions for loading areas shall be 3.658 x 9.144 metres
(12 x 30 ft.) with a minimum vertical clearance of 4.267 metres (14 ft.).
3.17.4. Location
3.17.4.1. All required accessory off-street loading shall be located on the same zoning
site as the use served, unless permitted by variance to locate elsewhere.
3.17.5. Standards
See 3.21.7.
3.18. MINERAL EXTRACTION
3.18.1. Application Requirements
Development permits are required for the establishment of commercial pits or
quarry operations. Development permit applications shall require submissions as
listed hereunder.
3.18.1.1. Proof of Provincial Lease or Casual Permit in the case of Crown quarry minerals;
3.18.1.2. plan of operation including the:
-
manner in which extraction or development will occur;
-
visual buffer;
-
noise and dust protection;
-
rehabilitation of site upon cessation; and
3.18.1.3. proof of Environmental Act License in accordance with the Manitoba Environment
Act.
3.18.2. Location
Buildings or structures shall not be located within 152.4 metres (500 ft.) of an active
mine or quarry site unless a development agreement has been entered into with the
Municipality.
3.18.3. Location - Exemption
Buildings or structures necessary for the operation of mines or quarry sites are
exempt from 3.17., 3.18.2. and 3.21.
3.19. MOBILE HOME DEVELOPMENT
3.19.1. Not applicable to R.M. of West St. Paul
3.20. NON-CONFORMANCE
3.20.1. Certificates
A Zoning compliance certificate may be issued upon application of any person having
an interest therein, describing the land, building or structure, or the use or intensity of
use of land or a building or structure that was lawfully in existence at the date of the
enactment of this zoning by-law, and stating that it may continue to exist although it
does not conform to the zoning by-law as per The Planning Act.
3.20.2. Change in Ownership
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The legal status of a use of land, building or structure is not affected by change of
ownership, tenancy or occupancy of land, building or structure.
3.20.3. Existing Lots
Parcels of land with less than minimum area or width that were registered at the Land
Titles Office at the effective date of this zoning by-law, shall be deemed to be legal
non-conforming parcels and subject to all applicable zoning regulations.
3.20.4. Existing Buildings or Structures
All buildings and structures legally existing at the effective date of this zoning by-law
are deemed to conform to the bulk regulations.
3.20.4.1. Accessory Buildings
Buildings accessory to existing legal non-conforming uses, buildings or
structures shall be permitted provided that such are in compliance with bulk
regulations.
3.20.4.2. Structural Alteration or Relocation
Any structural alteration or relocation of existing non-conforming buildings
shall conform to The Planning Act.
3.20.5. Existing Uses
A non-conforming use of land, building or structure may continue, if the use was
legal at the effective date of this zoning by-law and if the use was not discontinued
for a period exceeding 12 consecutive months.
Legal non-conforming uses may be altered by variation order as per The Planning
Act.
3.20.6. Existing Violations
See 3.10.2.
3.21. PARKING
3.21.1. Access
An accessory off-street parking area shall be provided with a driveway having access
on to a street or to a public lane. The minimum width shall be 2.5 metres (8 ft.).
3.21.2. Calculation - Number of Required Spaces
Accessory off-street parking spaces shall be provided and maintained at the time of
construction of any principal building or structure in accordance with Tables 5 and 6.
Any expansion of a use at a later date shall comply with the requirements in Tables 5
and 6.
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Table 5: Parking Space Table
Use
Number of Parking
Spaces required
Parking
Group
Number
Single - Family and two family dwellings
1 per dwelling unit; maximum
of 4 spaces per unit
1
Multiple-Family Dwellings (BL 2018-04P;
BL 2020-15P)
2.0 per dwelling unit. For
multiple-family dwellings
with a common parking area,
10% of the required parking
spaces must be guest parking.
Boarding, rooming and lodging houses
1 per 2 rooming units
Athletic fields
1 for each 5 seats
2
Religious institutions
a) churches, chapels, sanctuaries and similar
places of worship, including offices for the
administration of a religious institution, but
not a parish hall
(for parish hall, or similar facility used for
receptions, banquets or entertainment, see
Parking Group No. 6)
b) Funeral chapels
1 for each 5 seats in the
principal assembly area, but
not less than 10 spaces
Convents, seminaries, monasteries and
retreats
1 for every 20 resident
persons
Education Services, including public,
parochial, private and secondary schools:
a) elementary - junior high*
b) senior - high*
c) school auditoriums*
* In a building where a) and c), or b) and c)
occur, the clause requiring the largest
number of parking spaces shall apply
1 for each faculty members
plus 1 for each 4 employees
1 for each 2 faculty members
plus 1 for each 4 employees
plus 1 for each 10 students
1 for each 6 fixed seats
3
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Use
Number of Parking
Spaces required
Parking
Group
Number
Residential care facility, nursing homes,
group home
1 guest parking space per 20
residents plus 1 for every 3
employees on the maximum
shift
4
Libraries and museums
1 for each 1,000 square feet of
gross floor area, but not less
than 2 spaces
5
Places of assembly (except Parking Group
No's 2,3 and 10), including the following:
arenas, Spectator Entertainment
Establishments, banquet halls, billiard
parlours, cinemas, clubs, lodges and similar
organizations, community centres, dance
halls, eating or drinking places (except drive
through establishments), parish halls, public
auction rooms, rinks (indoor or outdoor ice
skating rinks, roller skating rinks), stadiums
and swimming pools
1 for each 100 square feet of
gross floor area, but not less
than 2 spaces
6
Hotels, apartment hotels
Motels
2 for every 3 guest rooms plus
1 for every 8 seats in all
auxiliary rooms, including
eating or drinking places,
beverage rooms, cocktail bars,
banquet halls and meeting
rooms
1 per dwelling unit plus 1 for
every 8 seats in all auxiliary
rooms, as required for hotels
above
7
Government administrative buildings
1 for each 550 square feet,
inclusive of assembly and
conference rooms containing
not more than 2,000 square
feet of floor area, but not less
than 2 spaces
8
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Use
Number of Parking
Spaces required
Parking
Group
Number
Offices, office buildings
1 for each 750 square feet of
floor area, but not less than 2
spaces per tenant
9
Bowling alley, curling rinks
Tennis courts
5 per lane or curling sheets of
ice
1 per court
10
General retail and service establishments
(except eating or drinking establishments),
wholesale establishments dealing directly
with consumer, banks, medical and dental
clinics and laboratories
Drive in banks, drive through restaurants,
stores and vendors, automobile washing
establishments
1 for each 250 square feet of
floor area, but not less than 4
spaces per establishment
queuing space for 5 vehicles
11
Miscellaneous uses:
a) manufacturing plants, food products and
other processing industries, laboratories
(except medical or dental laboratories) and
other industrial uses including warehouses
1 for every 1000 square feet of
floor area
12
Colleges, and trade schools
1 for every 5 classroom seats
13
Shopping centres
1 per 200 square feet of gross
leasable floor space
14
3.21.2.1. Where different types of uses are located within a building (for example: retail
and service uses in a hotel or office building, or offices combined with
warehousing uses), the number of parking spaces required shall be the aggregate
of the spaces required for each use established on the zoning site.
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Table 6: Handicapped Parking Space Table
Total Number of Spaces
Required by Table 5
Minimum Number of Accessible Spaces
1 to 25
1
26 to 50
2
51 to 75
3
76 to100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1000
2% of total
1001 and over
20 plus 1 for each 100 over 1000
3.21.3. Calculation - Methodology
3.21.3.1. Assembly Places
-
Benches or Pews
Where benches, pews or other similar seating facilities are used, each
.5 metres (20 in.) of such seating shall be counted as 1 seat.
-
Combined - Fixed Seats and Open Assembly Area
Where both fixed seats and open assembly area are combined, the
requirements for each shall be calculated separately and added
together.
-
Movable Seats
Where movable seats or chairs are used, 1 seat per .56 square metres
(6 sq. ft.) of assembly area shall be required.
3.21.3.2. Floor Area - GFA
Where floor area is the unit for determining the required number of
accessory off-street parking spaces, said unit shall mean the gross floor area,
not including any area used for parking within the principal building and
shall not include any area used for incidental service storage, installations of
mechanical equipment, penthouse housing ventilators and heating systems,
and similar uses.
3.21.3.3. Fraction of a Parking Space
Where the calculation of the number of accessory off-street parking spaces
required results in a fractional parking space, any fraction less than 1/2 of a
parking space may be disregarded, but any fraction greater than 1/2 of a
parking space shall be counted as 1 parking space.
3.21.3.4. Mixed Uses
Where different types of uses are located within a single building, the
number of parking spaces required shall be the aggregate of the spaces
required for each use established on the zoning site.
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3.21.4. Dimension
3.21.4.1. Angle Spaces
Except where the angle of parking varies from that shown below, minimum
dimensions for parking areas shall be as per Table 7. Angle parking shall be
measured between the centreline of the parking space and the centre line of
the aisle.
Table 7: Angle Space Dimensions
Size of Space - Min.
Aisle Width -
Min.
Parking Angle Vertical
Clearance
2.438 x 6.096 m. (8x20 ft.) 6.096 m. (20 ft.) 75 - 90 degrees 2.134 m. (7 ft.)
2.438 x 6.096 m. (8x20 ft.) 5.486 m. (18 ft.) 50 - 74 degrees 2.134 m. (7 ft.)
2.438 x 6.096 m. (8x20 ft.) 3.658 m. (12 ft.) < 50 degrees
2.134 m. (7 ft.)
Measurements in Metric followed by Imperial in brackets
3.21.4.2. Handicapped Parking Spaces
Handicapped parking spaces shall have a width of 3.658 metres (12 ft.).
3.21.4.3. Parallel Spaces
Minimum dimensions of parallel parking spaces shall be 2.438 x 7.010 m. (8
x 23 ft.), except for open end spaces wherein the length may be 6.096 m. (20
ft.)
3.21.4.4. Waiting Spaces
The length of waiting parking spaces shall be 2.438 x 6.096 m. (8x20 ft.).
3.21.5. Location
3.21.5.1. All required accessory off-street parking shall be located on the same zoning
site as the use served, unless permitted by variance to locate elsewhere.
3.21.5.2. (BL 6/2001P)
3.21.6. Small Car (compact)
A maximum of 25% of the total number of parking spaces may be reduced in length
to 4.877 metres (16 ft.) and designated for small cars only.
3.21.7. Standards for Non-Residential Developments (BL 2018-04P)
Development standards shall be established within development agreements between
the developer and the Municipality, and may include requirements as listed
hereunder.
3.21.7.1. Fencing
Notwithstanding 3.14. where a parking area abuts a residential zone, an
opaque fence 1.219 - 1.829 metres (4 - 6 ft.) in height shall be erected and
maintained along the abutting lot line.
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3.21.7.2. Lighting
Lighting used to illuminate accessory off-street parking areas shall be
arranged and shielded so as not to reflect directly onto residential lots.
3.21.7.3. Screening
Screening may be required along the interior of required yards by one of the
following:
-
landscape greenery;
-
light-proof fencing; or
-
landscape berm.
3.21.7.4. Surfacing
All off-street parking and loading areas, including driveways, access aisles
and manoeuvring areas, shall be surfaced as per municipal standards.
3.22. PLANNED UNIT DEVELOPMENTS (BL 3/2004P)
A Planned Unit Development (PUD) is primarily a major land development project which,
because of its size or complexity, high density, mixture of land uses or other unusual
characteristics, is planned as a single entity in accordance with an overall site plan. PUDs can
include:
- Mixed use projects and subdivision layouts characterized by an open space nature,
clustered developments, preservation of natural features, diverse building types and a
high proportion of public and private amenity space.
- Planned Building Groups such as shopping centres and industrial developments with
a higher proportion of landscaping and parking amenities, less exterior storage and
building designs which are more compatible with adjacent uses and more visually
pleasing.
Planned Unit Developments are listed as conditional uses in appropriate zones and shall be
subject to the following requirements:
3.22.1. Site Plan
An overall site plan shall be prepared showing lighting, landscaping design as well as
the physical layouts of all structures, roads, parking areas and community sanitary
facilities.
3.22.2. Exceptions to Zone Requirements
Specific zone regulations shall not apply to Planned Unit Developments. Uses
permitted within a PUD include: residential, commercial, recreation and open space.
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 requirements and provisions of this By-law. While areas zoned as
"Open Space", may be incorporated into Planned Unit Developments, only those
structures permitted in the "Open Space" zones will be allowed.
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3.22.3. Title Registration
Planned Unit Developments shall be regulated through a site plan agreement or
development agreement which is caveated against the title at the Winnipeg Land
Titles Office.
3.22.4 Design Review Committee (BL 1/2006P)
P.U.D.s may be subject to review and recommendation by the design advisory
committee, as per The Planning Act, and the municipal engineer.
3.23. POOLS AND HOT TUBS
3.23.1. Private swimming pools and hot tubs shall comply with the regulations listed
hereunder.
3.23.1.1. Location
Private swimming pools shall be located according to bulk regulations for
accessory uses, building or structures.
3.23.1.2. Pool Equipment
Pool filters, pumps and heaters and the like, shall be located as per 3.24
3.24. PROJECTIONS INTO REQUIRED YARDS (BL 6/2001P)
3.24.1. The following may project into the required yards the amount as indicated below,
notwithstanding all applicable Manitoba fire and building code restrictions.
Notwithstanding the dimensions shown below any projection of any structure shall
not be closer than one foot from the property lines, regardless of the projections
permitted below, except for projections in the commercial zones unless approved by
variation. Required yards shall be provided and maintained unobstructed from
ground level to the sky, except as follows:
3.24.1.1. Cantilevers (no more than 10 feet total along a building wall), in residential
zones only, may project into any required yard not more than two (2) feet.
(BL 2016-09P; BL 2020-15P)
3.24.1.2. Chimneys/chases, eaves, and fireplaces may project into any required yard
not more than three (3) feet. (BL 2020-15P)
3.24.1.3. Fire escapes may project into any required front, side or rear yard not more
than four (4) feet; provided that any projection is not closer than one foot
from the side or rear site line.
3.24.1.4. Open, unenclosed stairways or balconies, not covered by a roof or canopy,
may project into a required rear yard not more than four (4) feet and
balconies may extend into a required front yard not more than thirty (30)
inches.
3.24.1.5. Open, unenclosed decks, platforms or porches, not covered by a roof or
canopy, not higher than two feet above the average level of the grade of the
site, and attached to the main building, may project into any required front,
R.M. of West St. Paul Zoning By - Law 2/99P
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side or rear yard provided that any projection is not closer than one foot
from the side or rear site line. (BL 2020-15P)
3.24.1.6. Open arbours, lighting fixtures, steps, landscape architectural features or
guard railing, trellises or uncovered walks may be located in any required
yard provided that any projection is not closer than one foot from the side or
rear site line.
3.24.1.7. Fences and hedges may be permitted in a required front, side or rear yard.
3.24.1.8. Air conditioners and pool equipment, in residential zones only, may project
a maximum of 5 feet into the front yard, and may project into any side or
rear yard, provided that the projection is not closer than one foot from the
side or rear site line. (BL 2016-09P; BL 2020-15P)
3.24.1.9. Where the yards in the commercial zones are reduced to 0 feet, the
encroachments can be to the site line.
3.24.1.10. Exterior finish on buildings may project into any required yard not more
than four (4) inches. (BL 2020-15P)
3.25. PUBLIC UTILITY
3.25.1. Public Utility, Services, Monuments and Statuary
Any building, structure or use shall be in compliance with yard and coverage
requirements applicable to the zone.
3.26. SECONDARY SUITES (BL 2014-09P)
3.26
Secondary Suites (attached), as defined within this By-law, may be placed on a site in
a zone permitting a Secondary Suite, and in compliance with the regulations listed
hereunder.
3.26.1.1. Amount
Only one (1) Secondary Suite may be located within, or attached to, a
principal dwelling on one (1) zoning site.
3.26.1.2. Potable Water and Wastewater Services
Where available, Secondary Suites will be required to connect to municipal
services (municipal water and/or wastewater system). Where municipal
services are not available, Secondary Suites will be required to adhere to
Provincial regulations for potable water and onsite wastewater treatment.
3.26.1.3. Building Requirements
Secondary Suites shall be constructed in accordance with the requirements
outlined in the Manitoba Building Code.
3.26.1.4. Floor Area
The maximum floor area for a Secondary Suite shall be no greater than
80m2 (861 sq. ft.), or no greater than 80% of the floor space of the existing
Single-Family Dwelling, whichever is more restrictive.
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3.26.1.5. Parking
A minimum of one (1) off-street parking space must be provided for a
Secondary Suite.
3.26.1.6. Amenity Space
An exterior, private amenity space such as a deck, patio, or landscaped area,
shall be provided for the Secondary Suite.
Minimum Area: 80 sq. ft.
Minimum Dimension (length or width): no less than 5 ft.
3.27. SIGNS
3.27.1.
General Provisions
The following standards apply to signs:
3.27.1.1
Compliance with Sign Regulations Required
No person may commence or cause to be commenced on site the
construction, erection, alteration, relocation, or repair, other than normal
maintenance, of any sign, except in compliance with the provisions of
Section 3.27, Signs, unless exempted by this By-law. For purposes of this
subsection (1), normal maintenance includes a change of sign insert for
new tenant, for an update to branding, if the sign face is damaged, etc.
3.27.1.2
Development Permit Required
No person may commence or cause to be commenced on site the
construction, erection, alteration, relocation, or repair, other than normal
maintenance, of any sign, unless a development permit has been approved,
or unless exempted by this By-law.
3.27.1.3
Unspecified Signs
The Designated Officer may permit signs of types that are not specified in
this By-law under the sign type regulations that most nearly reflect the
characteristics of the unspecified sign, as determined by the Designated
Officer.
3.27.1.4
Abandoned Signs
When an owner of a sign can no longer be located and the sign no longer
correctly directs attention to or includes any person, advertising of a
business, lessor, owner, product or activity conducted, or product available,
on the premises where such a sign is displayed, the Designated Officer may
serve notice on the owner of the land that either the copy area of the sign or
the sign itself be removed.
3.27.1.5
Adjacent Lots in Related Use
Where adjacent lots are in related use, the lots have cross-access easements
and/or shared parking agreements so that they have the appearance and
function of a single lot development, signage that is accessory to a principal
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use on any of the lots will not be considered advertising signage simply
because it is erected on another of the lots.
3.27.1.6
Signs Not Subject to this By-law
The following types of signs are not subject to the provisions of this By-
law:
a) Signs installed by the Municipality/Province for traffic control,
public transit, parking, street names and direction;
b) Street decorations installed by or authorized by the
Municipality;
c) Signs required to be erected or maintained by law or
governmental order;
d) Window signs, unless such signs occupy more than 50 per cent
of a window surface (calculated between mullions) on any
façade of the principal building in which case they are treated
as fascia signs; and
e) Election signs during Federal, Provincial, Municipal, and
School Board election periods and up to 7 days after the
election.
3.27.1.7
Signs Permitted in All Districts Without Permits
An owner may erect or maintain the following signs in all zoning districts
without first obtaining a permit, provided such signs are not illuminated,
flashing, scintillating or animated, unless otherwise noted:
a) Official public notice signs;
b) One fascia or free-standing real estate sign, per zoning lot (i.e.,
for sale or lease sign), illuminated or non-illuminated, not
exceeding 32 square feet in sign surface area, with a maximum
height of 12 feet. The sign must be removed within 15 days of
conclusion of the purpose for which the sign is erected;
c) Non-illuminated construction signs not exceeding 108 square
feet in total sign surface area, to be located within the zoning
lot, or attached to a fence or hoarding, with a maximum height
of 12 feet. The sign must be permitted from the date a
development application is made until 80 percent of the
building(s) is/are occupied, or a Zoning Compliance Certificate
is issued confirming compliance with all rules, agreements and
orders;
d) Temporary signs not exceeding 32 square feet in sign surface
area or banners related to civic, non-commercial health, safety
or welfare campaigns or to campaigns by educational or
religious organizations, with a maximum height of 12 feet.
The signs must be removed within 15 days following the date
of the event and the signs are not erected earlier than the
official date of the commencement of the above campaigns;
e) Non-advertising memorial signs, commemorative plaques and
corner-stones of bronze, brass, stone or other non-combustible
materials when built into or attached to the walls of a building
or other structure provided they bear only the name of the
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owner, the name and use of the building, the date of erection of
the building and/or reading matter commemorating a person or
event;
f) Bulletin boards not exceeding 18 square feet in sign surface
area;
g) For a single-family dwelling and each dwelling unit of a two-
family dwelling, one illuminated or non-illuminated fascia sign
up to a maximum of 2 square feet in sign surface area
indicating the address, name of occupant, or a permitted use;
h) For each use other than a single- or two-family dwelling, one
identification fascia sign with illuminated or non-illuminated
letters or logo, up to a total of 4 square feet in sign surface area
identifying the civic address and the name of the building; and
i) Any A-board sign that meets all regulations of 3.27.1.9.12.
Mobile Signs, is near the entrance of the business to which the
sign pertains and is taken inside the business to which the sign
pertains at the close of the business hours of that business; and
j) Any sign that cannot be seen from off the premises.
3.27.1.8
Signs Permitted in Accessory Off-Street Parking and Loading Areas
The owner may erect and maintain the following types of signs for
accessory off-street parking areas in the R3 and RMF-2 zoning district, the
commercial and industrial zoning districts, and on any lot containing a
permitted non-residential principal use in the A80, A4, RR, RG, RC, RS,
and RMF-1 zoning districts:
a) One illuminated or non-illuminated sign designating each
entrance and exit, limited to a maximum of 6 square feet in
sign surface area per sign and a maximum height of 6½ feet
above curb or grade; and
b) Illuminated or non-illuminated directional signs for control of
traffic movement; limited to a maximum of 6 square feet in
sign surface area and a maximum height of 6½ feet above curb
or grade; and
c) Illuminated or non-illuminated parking area sign or signs
identifying the parking area and setting forth the rules
governing the use of a parking area (i.e., "No Parking," "Public
Parking," "Private Parking," etc.), limited to a maximum of 6
square feet in sign surface area and a maximum height of 6½
feet above curb or grade; and
d) Warning signs, provided that the sign surface area must not
exceed 6 square feet.
3.27.1.9
Regulations for Specific Types of Signs
The following standards apply only to the specific types of signs listed
below:
3.27.1.9.1 Signs Obstructing Views
No sign, including a mobile sign, may be erected, re-erected, or altered that
may interfere with, obstruct the view of, or be confused with any
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authorized traffic signal, warning sign, or other regulatory or information
device.
3.27.1.9.2 Flashing, Scintillating and Rotating Signs
a) Flashing signs, scintillating signs, rotating signs or beacons are
not permitted in any zoning district except the CH, M1, and
M2 zoning districts.
b) A Conditional Use Order is required for the erection of a
flashing sign or scintillating sign that has copy height of more
than 9 inches, or any rotating sign or beacon.
c) Flashing features, scintillating features, rotating features and
beacons are not permitted on mobile signs.
3.27.1.9.3 Illuminated Signs in Certain Yards
No owner may place an illuminated sign, in a yard in a commercial and
institutional or manufacturing zoning district that abuts a lot line in an
agricultural or residential district, or on a wall overlooking such a lot line.
3.27.1.9.4 Roof Signs
Roof signs, other than signs on mansard style roofs, are not permitted. On
mansard roofs, roof signs may be attached to the sloping portions of the
roof, but must not extend beyond the parapet height, and must not be
located on the horizontal portion of the roof.
3.27.1.9.5 Fascia Signs
Fascia signs may have an emblem, logo, or other unique features projecting
above the building wall if the sign projection is not more than 2 feet above
the building wall or parapet wall and the total projection does not exceed
25 square feet. The area of the projection must be counted towards the
total sign area allowed.
3.27.1.9.6 Projecting Signs
The minimum height above-grade to the bottom edge of projecting signs
must be 9 feet.
3.27.1.9.7. Accessory Signs
The owner may erect and maintain accessory signs to all sites and uses
other than single and two-family dwellings, and excepting billboards,
subject to the following standards:
a) Location
Each free-standing accessory sign must be set back from each
side lot line of an adjoining use, and/or from the centre line of
an abutting right-of-way, a distance equal to at least 50 percent
of the height of that sign.
b) District-Specific Regulations
All signs, accessory to any use, must be consistent with the
standards shown in Table 8. In Table 8, the first column
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indicates a zoning district or districts. The second column
indicates the sign type. The third and fourth columns indicate
dimensional requirements for each sign type. Signs must
comply with all dimensional standards applicable to the zoning
district where the property is located.
Table 8: District-Specific Sign Regulations
DISTRICT
TYPE
[note a]
MAXIMUM
HEIGHT
PERMITED SURFACE AREA
PER ZONING LOT
A80, A4
Freestanding
25 feet above
grade
100 sq. ft.
Attached to
Building
Wall height
25% of building wall
RR, RG, RC,
R3 RS,
RMF-1
Freestanding or
Attached to
Building
20 feet for lot
containing a
permitted non-
residential
principal use
48 sq. ft. per lot containing a
permitted non-residential
principal use [note c]
Attached to
Building
Wall height
1.5 sq. ft. per dwelling unit
OS, RMF-2
Freestanding
8 feet above
grade [note b]
48 sq. ft. maximum [note c]
Attached to
Building
Wall height
25% of building wall maximum
CH, CM
Freestanding
30 feet above
grade
1.25 sq. ft. per foot of frontage to
a maximum of 323 sq. ft. per
frontage [note d]
Attached to
Building
Wall height
25% of building wall maximum
M1, M2
Freestanding
20 feet above
grade
1.25 sq. ft. per foot of frontage to
a maximum of 323 sq. ft. per
frontage
Attached to
Building
Wall height
25% of building wall maximum
NOTE:
a. Signs "attached to buildings" include fascia signs, projecting signs, awning signs, marquee signs, and
canopy signs.
b. Maximum height of a sign accessory to a school or community centre is 20 feet
c. Maximum sign surface area of a sign accessory to a school, community centre or religious institution is
100 square feet if a bulletin board or digital reader board is included.
d. No individual sign may exceed a sign surface area of 323 square feet.
e. Maximum size of digital static copy signs in all CH, CM, OS, RMF-1, RMF-2, RR, RG, RC, R3, RS
zoning districts, and all digital reader boards in CH, CM, and A zoning districts, is 16 square feet.
3.27.1.9.8 Digital moving copy signs, digital reader boards, digital static
copy signs, and digital static copy, 24-hour hold signs
The following standards apply to digital moving copy signs, digital reader
boards, digital static copy signs, and digital static copy, 24-hour hold signs:
a)
All digital signs accessory to any use must be consistent with
locations shown in Table 9.
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Table 9: Digital Accessory Sign Locations
DISTRICT
DIGITAL
READER
BOARDS
DIGITAL
STATIC COPY
SIGNS
DIGITAL
MOVING COPY
SIGNS
A80, A4
Allowed
Not Allowed
Not Allowed
CH, CM, M1, M2
Allowed
Allowed
Not Allowed
RR, RG, RC, R3 RS,
RMF-1, RMF-2, OS
Allowed [note
a]
Allowed [note a]
[note b]
Not Allowed
NOTES:
a. For schools, community centres, golf courses and religious institutions only.
b. Must be turned off from 10:00 PM to 7:00 AM every day of the week.
b)
Maximum Number of Signs
Maximum number of free-standing digital signs allowed per lot
is 1, except in:
i.
Commercial districts, where the maximum is 2; and
ii.
Industrial districts, where the maximum is the greater of
1 per frontage or 2.
c)
Operational Standards
Digital moving copy signs, digital reader boards, digital static
copy signs, and digital static copy, 24-hour hold signs must
comply with the following standards for the display of sign
messages:
i.
Must not display graphics which imitate or resemble
any traffic control device;
ii.
Must have a minimum hold time of 6 seconds except in
all OS and Residential districts, where a hold time of 60
seconds is required;
iii.
Must have a maximum transition time of 0.25 seconds;
iv.
Must not exceed a brightness level of 0.3 foot-candles
above ambient light conditions; and
v.
Must utilize automatic dimming.
d)
Separation Distance From Traffic Decision Locations
i.
Digital moving copy signs, digital reader boards and
digital static copy signs must not be located within
Restricted Areas as depicted in illustrations 9 (a-f), 10
(a-f), and 11 (a-f).
ii.
A digital static copy, 24-hour hold sign must not be
located within Restricted Areas as depicted in
illustrations 9(a-f), 10(a-f), and 11(a-f) unless the
Municipality first provides written approval.
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Illustration 9 (a): Separation Distance From Intersections With Traffic
Signals - Speed Limit 50 km/hr
Illustration 9 (b): Separation Distance From Intersections With Traffic Signals
- Speed Limit 60 km/hr
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Illustration 9 (c): Separation Distance From Intersections With Traffic Signals
- Speed Limit 70 km/hr
Illustration 9 (d): Separation Distance From Intersections With Traffic Signals
- Speed Limit 80 km/hr
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Illustration 9 (e): Separation Distance From Intersections With Traffic Signals
- Speed Limit 90 km/hr
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Illustration 9 (f): Separation Distance From Intersections With Traffic Signals
- Speed Limit 100 km/hr
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Illustration 10 (a): Separation Distance From Pedestrian Corridors -
Speed Limit 50 km/hr
Illustration 10(b): Separation Distance From Pedestrian Corridors -
Speed Limit 60 km/hr
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Illustration 10 (c): Separation Distance From Pedestrian Corridors -
Speed Limit 70 km/hr
Illustration 10 (d): Separation Distance From Pedestrian Corridors -
Speed Limit 80 km/hr
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Illustration 10 (e): Separation Distance From Pedestrian Corridors -
Speed Limit 90 km/hr
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Illustration 10 (f): Separation Distance From Pedestrian Corridors -
Speed Limit 100 km/hr
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Illustration 11 (a): Separation Distance From Railway Crossings -
Speed Limit 50 km/hr
Illustration 11 (b): Separation Distance From Railway Crossings -
Speed Limit 60 km/hr
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Illustration 11 (c): Separation Distance From Railway Crossings -
Speed Limit 70 km/hr
Illustration 11 (d): Separation Distance From Railway Crossings -
Speed Limit 80 km/hr
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Illustration 11 (e): Separation Distance From Railway Crossings -
Speed Limit 90 km/hr
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Illustration 11 (f): Separation Distance From Railway Crossings -
Speed Limit 100 km/hr
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3.27.1.9.9. Mobile Signs
An owner of property may only place, maintain, or permit the placement
or maintenance of mobile signs on the owner's property if the placement
and maintenance of such signs complies with the provisions of this
section:
a)
Permit Required
An owner, agent, firm, corporation or person having charge or
control of a mobile sign must not locate, erect, place or display
a mobile sign on a zoning lot, a lot or a site, unless:
i.
A mobile sign permit has been issued by the Designated
Officer for that numbered sign setting out the expiry
date of that permit.
Where a digital moving copy sign, a digital reader board, a
digital static copy sign or a digital static copy 24-hour hold
sign in respect of a use, lessee or tenant is located on a zoning
lot, a mobile sign in respect of that use, lessee or tenant is not
permitted on the zoning lot.
b)
Length of Time for Display
i.
Small Mobile Signs
Subject to issuance of a mobile sign permit, an owner is
authorized to locate or erect, or permit to be located or
erected, a small mobile sign on a zoning lot, lot or site
for a period of time that does not exceed the time limits
identified in Table 10.
Table 10: Length of Time for Display
Type
Maximum Length of Time for
Display per calendar year
Flag, pole mounted
No maximum
Flag, zipline
90-days
Banner
90-days
Inflatable
(2) 14-days periods
Feather
(2) 14-days periods
A-Board
No Maximum
ii.
Standard Mobile Signs
Subject to issuance of a mobile sign permit, an owner is
authorized to locate or erect, or permit to be located or
erected, a standard mobile sign on a zoning lot, lot or
site for no more than three periods of 90 consecutive
days, with a minimum of 30 consecutive days between
such periods where the sign is removed from the zoning
lot, lot or site.
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c)
Maximum Number of Signs
The number of temporary signs located or erected on a zoning
lot, lot or site must not exceed:
i.
1 standard mobile sign per use located on the zoning
lot, lot or site, to a maximum of 2 standard mobile
signs; and
ii.
1 banner sign, 1 inflatable sign or 2 feather signs.
Despite clause (i), the maximum number of A-board signs
permitted on a zoning lot, lot or site is 1 A-board sign per
individual use located on the zoning lot, lot or site.
Table 11: Mobile Sign Dimensional Standards
MOBILE SIGN TYPE
Maximum Sign
Surface Area
Maximum Height
Standard
Character and
Graphic
50 sq. ft.
9 ft. [note a]
Small
Flag, Pole
Mounted
3 ft. x 8 ft.
N/A
Flag, zip-tie
3 ft. x 5 ft.
[note b]
Banner
50 sq. ft.
N/A
Inflatable
2 ft. diameter
15 ft.
Feather
2 ft. width
15 ft.
A-board
2 ft. x 3 ft.
N/A
Notes:
a. Including any sign toppers or logos
b. Must be mounted within the bottom half of a pole
d)
Separation Distance from other Signs
A standard mobile sign must not be located within 65 linear
feet, measured along the street, of another standard mobile
sign, unless otherwise approved in writing by a designated
officer.
e)
Separation Distance from Traffic Decision Locations
A standard mobile sign or a small mobile sign must not be
located within Restricted Areas as shown in Illustrations 9 (a-
f), 10 (a-f), and 11 (a-f).
f)
Location of Signs
i.
Standard mobile signs must not be located within 10
linear feet, and feather signs or inflatable signs must not
be located within 15 linear feet, of an exit or entrance
driveway which gives access to a zoning lot, lot or site,
measured from the nearest part of the exit or entrance
driveway.
ii.
Inflatable signs must be mounted to the ground and
must be separated by a minimum distance equivalent to
the inflatable sign's height from any public or private
street, lane, sidewalk, pathway or active transportation
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route.
iii.
A standard mobile sign or a small mobile sign must be
fully contained within the zoning lot, lot or site on
which it is located and must not encroach on the street.
iv.
A standard mobile sign or a small mobile sign must
comply with the following standards:
1.
where the mobile sign is located on a zoning lot,
lot or site within a commercial and industrial
zoning district that abuts an agricultural zoning
district or a residential zoning district, the
mobile sign must comply with the yard
requirements of the abutting agricultural zoning
district or residential zoning district;
2.
mobile sign must not be located within a
residential zoning district;
3.
a mobile sign must not be located within an
agricultural zoning district unless the mobile
sign relates to permitted non-residential use;
4.
a mobile sign must not be located within any
landscaped area required pursuant to a
development agreement, including any schedule
thereto, or under a variance order or a
conditional use order made in accordance with
The Planning Act;
5.
despite subclauses (i) through (iv), and subject
to the issuance of a mobile sign permit, a
school, government building, community club,
park, golf course, curling club or Religious
Assembly is permitted to locate a mobile sign
on a zoning lot, lot or site under its control for
no more than 2 periods of no longer than 14
consecutive days and for the sole purpose of
advertisement of a special event; and
6.
off-site mobile signs are permitted in all
commercial, and industrial zoning districts.
g)
Lettering Regulations
i.
All lettering on a mobile sign must be black, white and
a maximum of 2 other colours, on a black or white sign
background
ii.
Despite the above, a sign topper is permitted to contain
graphic display copy.
h)
Copy Restrictions
Digital moving copy signs, digital reader boards, digital static
copy signs and digital static copy, 24-hour hold signs are
prohibited on mobile signs.
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i)
Condition of Mobile Signs
All standard mobile signs and small mobile signs must be
maintained in a state of good repair, as determined by and to
the satisfaction of a designated employee, and must not be
broken, damaged, dented, torn, frayed, unsightly, faded in
colour, hazardous or otherwise in disrepair. Any standard
mobile sign that is not located on a trailer or vehicle must be
mounted either in-ground or on-ground if the footings are flush
with the ground.
3.27.1.10
Measurement of Sign Surface Area
3.27.1.10.1 Signs Attached to Building
Sign surface area is calculated as follows for signs attached to a
building:
a)
Sign surface area includes the entire area of the smallest
rectangle that encloses the extreme limits of any
writing, representation or emblem forming part of the
display, and includes 10 percent of the area of the wall
outside of that rectangle where a colour or material is
applied that is a colour or material in that fascia sign
(see Illustration 12);
Illustration 12: Surface Area for Signs Attached to Buildings
b)
Sign surface area does not include non-illuminated
signs visible through windows in the building façade,
provided that such signs do not exceed 30 percent of the
glazed surface on any façade of the building. Allowable
window signage is not transferable to the glazed surface
on another façade of the building;
c)
In calculating wall area for purposes of determining
maximum sign surface area, only the first storey or 15
feet (whichever is lower) of the building may be used.
Allowable sign surface area is not transferable to
another wall;
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d)
Reado-graph or bulletin board sign areas are not
included in calculation of sign surface area if they
comply with the following:
i.
are a maximum of 25 percent of the overall size
of the sign;
ii.
incorporate the same background colour as the
sign;
iii.
do not exceed 15 square feet in area; and
iv.
are designed as an integral part of the sign (not
an add on).
3.27.1.10.2 Free-Standing and Mobile Signs
Sign surface area is calculated as follows for free-standing and
mobile signs:
a)
Sign surface area includes the entire area of the smallest
rectangle that encloses the extreme limits of any writing
or symbol, background colour or material, and any
embellishment of the supporting structure forming part
of the display;
b)
Sign surface area includes the total area of all faces
exhibited or intended for display, except where two
faces are parallel and located back-to-back, sign surface
area includes the area of only one such face, and if the
two parallel, back-to-back faces are not equal, then the
sign surface area is the larger of such faces (see
Illustration 13);
c)
The maximum allowed surface area for free-standing
signs is not transferable to any frontage other than that
from which its maximum size was calculated pursuant
to Table 8, District-Specific Sign Regulations;
d)
Reado-graph or bulletin board sign areas are not
included in calculation of sign surface area if they
comply with the following:
i.
is a maximum of 25 percent of the overall size of
the sign;
ii.
incorporates the same background colour as the
sign;
iii.
does not exceed 15 square feet in area; and
iv.
is designed as an integral part of the sign (not an
add on).
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Illustration 13: Surface Area Measurement for Freestanding Signs
The two sides of sign "A" are back-to-back but are not parallel.
As such, both sides are included in the surface area calculation.
The two sides of sign "B" intended to include copy (the larger
faces) are back-to-back and parallel. As such, only one side is
included in the surface area calculation.
3.27.1.10.3. Three-Dimensional Sign
When a three-dimensional sign has no easily measurable faces the sign
surface area of said sign is half the sum of the area of the vertical faces of
the smallest right-angled rectangle encompassing the sign. (See Illustration
14).
Illustration 14: Three-Dimensional Sign
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3.28. SUBDIVISION
3.28.1. Subdivision Bulk Regulations
Subdivisions according to the Development Plan shall comply with the regulations
listed hereunder.
3.28.1.1. Existing Buildings - Yard Requirements - Variation Order required
Where subdivision results in new property lines which reduce yards adjacent
to existing buildings below the minimum required by this zoning by-law,
yard variations shall be required.
3.28.1.2. Existing Buildings - Yard Requirements - Variation Order not required
Where subdivision does not alter property lines adjacent to existing legal
non-conforming buildings, yard variations shall not be required.
3.28.1.3. Unaltered Site Width - VO not required
Where subdivision does not alter widths of existing lots, site width
variations shall not be required.
3.28.1.4. Undersized Residual - VO not required
Where subdivision according to Subdivision Policy 4.1.14 of the Red River
Planning District Development Plan Resource and Agriculture designation
results in a residual parcel being undersized in site area or site width,
variation shall not be required.
3.28.2. Subdivision Conformity
All subdivisions shall conform to the provisions of the:
-
The Planning Act;
-
Red River Planning District Development Plan; and
-
This zoning by-law.
3.28.3. Design Review Committee (BL 1/2006P)
Multi-lot subdivision located within Residential Zones as indicated in Section 4.2.2
may be subject to review and recommendation by the design advisory committee, as
per Section 71(3) of The Planning Act, and the municipal engineer.
3.28.3.1. Subdivision Deposit Fee (BL 6/2010P)
Where a multi-lot subdivision is proposed, the applicant must pay a deposit
fee to the municipality dependent on the number of lots created as an
administration fee established by Council for the development agreements
associated with the proposal. The deposit fee must be paid prior to
consideration by Council.
3.28.4 Subdivision Public Hearings
A Public Hearing must be held for all subdivision applications regardless of whether the
application includes the creation of a new road, except in cases where the land to be
subdivided has already exists as a block or blocks in a registered plan of subdivision. In
cases where Public Hearings are required under this section, but not under The Planning
R.M. of West St. Paul Zoning By - Law 2/99P
3. General Provisions
page
76
Act, all rules and procedures required as part of the Public Hearing process under The
Planning Act shall apply.
3.28.5. Public Hearing Notice
(a) a copy of the notice of hearing for a subdivision application must be sent at least
14 days before the hearing to the owner of the affected property, and every owner of
property located within 200 metres of the affected property when the affected
property is not designated as Settlement Centre or General Development in the
Development Plan; or
(b) where the affected property is designated as Settlement Centre or General
Development in the Development Plan, a copy of the notice of hearing must be
posted on the affected property in accordance with section 170 of The Planning Act.
3.29. TEMPORARY ADDITIONAL DWELLING
3.29.1. Detached, removable, self-contained single family dwellings units may be placed on
the same site as a permanent principal single family dwelling, provided it is in
compliance with the regulations listed hereunder.
3.29.1.1. Applicants
Only owner(s) or occupiers of the principal dwelling, with consent of
owner(s), are permitted to place a temporary additional dwelling.
3.29.1.2. Area - minimum
Properties shall be a minimum of 0.558 ha (1.377 acres).
3.29.1.3. Foundation
The additional dwelling shall be temporary in nature and not be deemed an
accessory building or structure for the purpose of this section. It shall be
placed on a temporary foundation, examples of which include a pad and post
or screw-in anchor foundation.
3.29.1.4. Occupancy
Occupancy shall be for an elderly parent(s) or other family member(s) who
require or provide care and assistance from or for the occupants of the
principal dwelling.
A caveat is to be placed on the subject property by the Municipality at the
expense of the applicant, advising that the temporary additional dwelling is
temporary in nature and that it must be removed upon cessation of
occupancy for which it was intended.
3.29.1.5. Separation
Minimum separation distance between detached buildings and the principal
dwelling or temporary additional dwelling shall be 3.048 metres (10 ft.).
3.29.1.6. Size
R.M. of West St. Paul Zoning By - Law 2/99P
3. General Provisions
page
77
Temporary additional dwellings shall be a minimum of 69.675 sq.m. (750
sq. ft.) and a maximum of 97.545 sq. m. (1050 sq.ft.).
3.29.1.7. Yard Requirements
Temporary additional dwellings shall comply with front, side and rear yard
requirements for the principal dwelling.
3.30. TEMPORARY USES, BUILDINGS AND STRUCTURES
3.30.1. Application Requirements
See 3.8.1.
3.30.2. Uses
Temporary uses, buildings and structures may be permitted for the purposes listed
hereunder.
3.30.2.1. Accommodation
Temporary uses, buildings and structures may be permitted for the
accommodation for:
- a caretaker, watchman, farm workers or other workers employed
on the same site; and / or
- the owner and family during the construction of a dwelling unit on
the same site for a maximum 12 month period.
3.30.2.2. Office Space
Temporary uses, buildings and structures may be permitted for office space
for contractor or developer on the same site for a maximum 12 month
period.
3.30.2.3. Storage
Temporary uses, buildings and structures may be permitted for storage of
construction materials and equipment incidental to and necessary for
construction on the same site for a maximum 12 month period.
3.31. VARIATIONS
3.31.1. Bulk regulations shall not be varied from the maximum or minimum, except by
variation, notwithstanding 3.28.1.2., 3.28.1.3. and 3.28.1.4. (BL 2016-09P)
3.31.2. Application for variation orders, including required information and fees may be filed
by the owner(s), or owner's agent, shall be filed with the Board. (BL 2016-09P)
3.31.3. Applications for variation orders shall be processed and approved or rejected. (BL
2016-09P)
3.31.4. Minor Variations
Development officers may approve in-office with or without conditions, minor
variations not exceeding 15% of the requirements of this by-law governing front,
R.M. of West St. Paul Zoning By - Law 2/99P
3. General Provisions
page
78
side, rear or any other yard requirements as per The Planning Act, with the exception
of any approval for a main or principal dwelling not involving a party wall that would
result in a yard of less than 4 feet measured to the closest building wall or as
otherwise exempted under the by-law.
3.31.5. Building Location Certificates (BL 1/2009P)
Where deemed appropriate the Red River Planning District staff as administrators of
the variation order application process in consultation with the R.M. of West St. Paul
may require additional information in the form of a building location certificate in
order to verify the number and placement of structures on site.
3.31.6. Public Hearing Notice
(a) a copy of the notice of hearing for a variance application must be sent at least 14
days before the hearing to the owner of the affected property, and every owner of
property located within 200 metres of the affected property when the affected
property is not designated as Settlement Centre or General Development in the
Development Plan; or
(b) where the affected property is designated as Settlement Centre or General
Development in the Development Plan, a copy of the notice of hearing must be posted
on the affected property in accordance with section 170 of The Planning Act.
3.32. ZONING COMPLIANCE CERTIFICATES
3.32.1. Development officers may, upon receipt of such proof as deemed necessary, issue
zoning compliance certificates in order to confirm that the building, structure or use
of land, building or structure was lawfully in existence at the effective date of this
zoning by-law and amendments thereto and confirm that it may continue to exist as
legal non-conforming as per The Planning Act.
3.33. ZONING CONFIRMATION LETTERS
3.33.1. Development officers may issue zoning confirmation letters in order to confirm the
zoning bulk and use regulations of a property.
3.34. ZONING MEMORANDA
3.34.1. Development officers may, upon receipt of building location certificates, issue zoning
memoranda confirming that buildings or structures are located in compliance with
this zoning by-law and amendment thereto as per The Planning Act.
R.M. of West St. Paul Zoning By - Law 2/99P
4. Zones
page
79
4.
ZONES
4.1
ZONING DISTRICTS
For the purpose of this zoning by-law, all land within the Rural Municipality of
West St. Paul is divided into the following zones, and shown on the zoning map
which form Appendix A of this zoning by-law.
4.2.
ZONES
4.2.1. Agricultural Zones
A80
Agricultural - 80 acre parcels
A4
Agricultural - 4 acre parcels
4.2.2. Residential Zones
RR
Residential Rural with RR Overlay Zone
RG
Residential General
RC
Comprehensive Residential (BL 1/2005P)
RS-4 Serviced Residential
RS
Serviced Residential (BL 2016-19P)
R3
Multi-Family Dwelling (BL 1/2005P & BL 2016-09P)
RMF-B Serviced Multi-family Bungalow Dwelling Unit
RMF-1 Serviced Multi-family Residential 1 (BL 2016-19P)
RMF-2 Serviced Multi-family Residential 2 (BL 2016-19P)
4.2.3. Commercial Zones
CH
Commercial Highway
CM
Commercial Mixed-Use (BL 2022-05 P)
4.2.4. Industrial Zones
M1 Rural Industrial
M2 Heavy Industrial (BL 2-2006P)
4.2.5. Open Space Zones
OS
Open Space
4.3.
ZONING MAP
4.3.1. All plan references pertain to plans filed in the Winnipeg Land Titles
Office.
4.3.2. Abbreviations
Blk. = Block
Gov't. Rd. All'ce = Government Road Allowance
Pcl. = Parcel
Rge = Range
R.L. = River Lot
R.M.= The Rural Municipality of West St. Paul
Sec. = Section
Twp = Township
R.M. of West St. Paul Zoning By - Law 2/99P
4. Zones
page
80
EPM = East of the Principal Meridian
PR = Provincial Road
PTH = Provincial Trunk Highway
4.4.
USE REGULATIONS
4.4.1. No land shall be used or occupied and no structure shall be erected, altered, used
or occupied, except for the uses listed in the Use Tables. See 3.20. Non-
conformance.
4.5.
ZONE BOUNDARY INTERPRETATION
4.5.1. Boundaries are indicated on the appendix A with solid lines. Where the zone
boundary line is broken by a street name, it shall be interpreted to continue
through same.
4.5.2. The regulations contained within this zoning by-law may not apply to streets,
lanes and public utility right-of-ways within zone boundaries.
4.5.3. Boundaries shall be the centre line when indicated as following a:
-
highway;
-
street or lane;
-
watercourse;
-
creek; or
-
stream.
4.5.4. Boundaries shall be the centre line when indicated as following a:
-
right-of-way of a railway;
-
electrical line;
-
gas line; or
-
oil transmission line.
4.5.5. Boundaries indicated as following municipal limits shall follow said limits.
4.5.6. Boundaries shall follow lot lines as shown on registered plans of subdivision or
boundaries of parcels registered in the Land Titles Office on the date of passing of
this zoning by-law.
4.5.7. Boundaries shall run substantially parallel to streets and the distance from the
street where not indicated shall be determined according to the appendix scale.
4.5.8. Boundaries indicated as following a street that has been closed shall follow the
former centre line with the land in the said street being included in the zone of the
adjoining land.
4.5.9. Boundaries indicated as following the shoreline shall be deemed to follow the
ordinary high water mark.
R.M. of West St. Paul Zoning By - Law 2/99P
5. Agricultural Zones
page
81
5.
AGRICULTURAL ZONES
5.1.
INTENT
The A80 zone is intended to conserve land for general agricultural activities
within the Resource and Agriculture designations of the Development Plan.
The A4 zone is intended to accommodate rural and limited agricultural uses on
smaller lot areas within the Agriculture Restricted Designations of the
Development Plan.
5.2.
USE REGULATIONS
No land shall be used or occupied and no structure shall be erected, altered, used
or occupied, except for the uses listed in Table 12.
Table 12: Agricultural Use Table
P = Permitted C = Conditional
P/C = see Table 1
- = Not Permitted
Use
A80
A4
Parking
Group
See Table5
A
Accessory uses, buildings or structures ( as per Table 1 )
P/C P/C N/A
Agricultural:
- bulk fuel and oil storage and sales
C
-
N/A
- farm activities general - no livestock (BL 4/2004P)
P
P
N/A
- farm activities - with livestock (BL 4/2004P)
<10 A.U. (subject to 5.3.2.)
10 - 250 A.U. *
P
C
N/A
C
-
N/A
- farm implement dealer
C
-
11
- feed / fertilizer sales and storage
C
-
N/A
- chemical sales and storage
C
-
N/A
- grain elevator
C
-
N/A
- produce sales - limited
P
P
N/A
- seed cleaning plants
C
-
N/A
Amusement Enterprises outdoors or enclosed building
C
-
N/A
Animal shelters
C
C
N/A
Apiaries (BL 2016-09P)
P
P
N/A
Aviaries
P
C
N/A
B
Bed & Breakfasts
P
P
1
C
Cemeteries & mausoleums (BL 4/2004P)
-
-
N/A
* Existing legal non-conforming operations that have been established prior to the
passage of this by-law are hereby permitted to expand beyond 250 AU to a maximum
of 500 AU without Conditional Use approval. Conditional Use approval will be
required for any expansion over 500 AU. (BL 4/2004P)
R.M. of West St. Paul Zoning By - Law 2/99P
5. Agricultural Zones
page
82
Use
A80
A4
Parking
Group
See Table5
Conservation areas
P
P
N/A
Contractor's establishment:
- enclosed within a building
C
C
12
- outdoor storage ( see 3.11. Exterior storage)
C
C
N/A
Crematoriums (BL 4/2004P)
-
-
N/A
E
Education Service
C
C
3
Equestrian:
- commercial stables
P
C
N/A
- private stables - See 5.3.2 A.U. not applicable
P
C
N/A
F
Fair and exhibition grounds
C
C
N/A
Farm vacations
C
-
7
Funeral homes
-
C
2
G
Golf courses
C
C
N/A
Gun clubs and shooting ranges
C
-
N/A
H
Home Occupations (BL 4/2004P)
P
P
(see
3.15.3.7)
Home Industries (BL 4/2004P)
C
C
(see
3.15.3.17)
K
Kennels - hobby or commercial
C
-
N/A
L
Landscape:
- landscaping or garden centres
C
C
11
- landscape contractors
C
C
11
(BL 4/2004P)
M
Mineral extraction operations
C
C
N/A
O
Outdoor Participant Recreation Service
C
C
N/A
P
Public:
- buildings (BL3/2007P)
C
C
8
- parks (BL3/2007P)
C
C
N/A
- utilities and / or storage compounds
P
C
N/A
Place Of Assembly
C
C
2,3,6
R.M. of West St. Paul Zoning By - Law 2/99P
5. Agricultural Zones
page
83
Use
A80
A4
Parking
Group
See Table5
R
Recreational facilities
- buildings or structures (BL3/2007P)
C
C
6, 10
- outdoor rinks (BL3/2007P)
C
C
N/A
- sport fields - baseball, football, soccer etc. (BL
3/2004P)
C
C
N/A
Residential:
- day care centres and nurseries (BL 3/2004P)
C
C
N/A
- family and group day care homes (BL 3/2004P)
C
C
N/A
- group homes
C
C
4
- neighbourhood care home (BL 4/2004P)
C
C
4
- neighbourhood rehabilitation home (BL 4/2004P)
C
C
4
- private home day care (BL 4/2004P)
P
P
4
- residential care facility
P
P
N/A
- single family dwelling
P
P
1
- senior citizen home (BL 3/2007P)
C
C
N/A
- temporary additional dwelling - (see 3.29.) (BL
6/2001P)
C
C
1
Religious Assembly
C
C
2,3,6
S
Sewage disposal lagoons, facilities and package plants
C
C
N/A
Storage Compounds outdoors or enclosed building (see
3.11. Exterior storage) (BL 2016-09)
C
C
N/A
Storage Containers (BL 2016-09P)
C
C
T
Temporary Uses (see 3.30.2) (BL 2006-01P)
P
P
N/A
V
Veterinary clinics & compounds, animal boarding facility
(BL 3/2007P)
C
C
N/A
W
Waste disposal grounds
C
-
N/A
-
Any other Agricultural use not listed in this Table
C
C
see Table 5
R.M. of West St. Paul Zoning By - Law 2/99P
5. Agricultural Zones
page
84
5.3.
BULK REGULATIONS
Table 13: Agricultural Bulk Table
Bulk regulations are in Metric (metres) followed by Imperial (feet) in Brackets
Building
Type
Front
Yard
Side Yd
Interior
Side Yd
Corner
Rear .
Yard
Height
Max.
Site
Coverag
e
Unit Area
Sq. Ft.
A80
Min.
Min.
Min.
Min.
Max.
Max.
Min.
Main
30.48
(100)
7.62
(25)
15.24
(50)
7.62
(25)
10.668
(35)
N/A
92.9
(1000)
Temporary 30.48
(100)
7.62
(25)
15.24
(50)
7.62
(25)
10.668
(35)
N/A
-
See 3.29.
Accessory 30.48
(100)
7.62
(25)
15.24
(50)
7.62
(25)
10.668
(35)
N/A
-*
(BL
4/2004P)
A4
Main
15.24
(50)
7.62
(25)
9.144
(30)
7.62
(25)
10.668
(35)
N/A
92.9
(1000)
Temporary 15.24
(50)
7.62
(25)
9.144
(30)
7.62
(25)
10.668
(35)
N/A
-
See 3.29.
Accessory 15.24
(50)
3.048
(10)
9.144
(30)
7.62
(25)
4.572
(15)
N/A
Max.
111.48
(1200)
Zone
Site Area
Site
Width
A80
Ha (ac).
m (ft)
Subdivisions except as per Development Plan Resource
And Agricultural designation policy no. 4.1.14
32.376
(80 ac)
91.44
(300 ft)
Subdivisions as per Development Plan Resource
And Agricultural designation policy no. 4.1.14
0.809 - 1.62
(2 - 4 ac)
91.44
(300 ft)
A4
Subdivisions as per Development Plan
1.619
(4 ac)
60.350
(198 ft)
* For lots 10 acres or less in site area the maximum size of an accessory building shall
be 1200 square feet. (BL 4/2004P)
5.3.1. Livestock - Animal Units
Animal units shall be calculated according to Table 14. The Department of
Agriculture shall provide animal unit calculations for any livestock not included
within Table 14.
5.3.2. Livestock on Small Lots (BL 4/2004P)
Livestock may be kept on lots in agricultural zones having less than 10 acres in
size based on the following criteria:
Number of Permitted Animal Units:
-
< 4 ac.
0 A.U. (notwithstanding 5.3.3)
-
4ac. - 6 ac.
2 A.U.
-
>6ac. - 8 ac.
3 A.U.
-
>8 ac. - 10 ac.
4 A.U.
R.M. of West St. Paul Zoning By - Law 2/99P
5. Agricultural Zones
page
85
5.3.3. Private Equestrian Stables Site Area (BL 4/2004P)
Site area including residence, shall require:
-
a minimum of 4 acres for a maximum of 2 horses; and
-
an additional 2 acres for each additional horse.
Table 14: Animal Unit Summary Table
Source: Manitoba Agriculture Farm Practices Guidelines
Livestock
AU produced
by 1 livestock
Livestock
producing 1 AU
Dairy
Milking cow, including associated livestock
2.00
0.50
Beef
Beef cows, including associated livestock
1.20
0.83
Feeders, 100 day backgrounder
0.45
2.22
200 day backgrounder
0.50
2.00
Summer pasture
0.60
1.67
Short keep
0.80
1.25
Long keep
0.70
1.43
Hogs
Sows, farrow to finish
1.25
0.80
Sows, farrow to weanling
0.33
3.00
Sows, farrow to nursery
0.25
4.00
Weanlings
0.02
50.00
Feeders
0.14
7.00
Chickens -
Broilers
0.0059
170.00
Roasters
0.0091
110.00
Layers
0.01
100.00
Pullets
0.0033
300.00
Broiler Breeder Pullets
0.0033
300.00
Broiler Breeder Hens
0.01
100.00
Turkeys
Broilers
0.0083
120.00
Heavy Toms
0.0143
70.00
Heavy Hens
0.0083
120.00
Horses (PMU)
Mares, including associated livestock
1.33
0.75
Sheep
Ewes, including associated livestock
0.20
5.00
Feeder lambs
0.10
10.00
AU
produced by
1000 kg live
animal weight
Kg live
animal weight
producing
1 AU
Other livestock (except poultry)
2.50
400.00
Other Poultry
7.50
130.00
R.M. of West St. Paul Zoning By - Law 2/99P
6. Residential Zones
page
86
6.
RESIDENTIAL ZONES
6.1
INTENT AND PURPOSE
The Residential Zones are intended to provide sufficient land for various types of
residential development within the residential designations of the Development
Plan.
6.2.
USE REGULATIONS
No land shall be used or occupied and no structure shall be erected, altered, used
or occupied, except for the uses listed in Table 15.
Table 15: Residential Use Table
P = Permitted C = Conditional
P/C = see Table 1
- = Not Permitted
Use
RR RG RC RS-4 RS R3 RMF-B RMF-1 RMF-2
A
Accessory uses,
buildings or structures
- Storage Containers (BL 6/2010
& BL 2016-09P)
C
-
-
-
-
-
-
-
-
- as per Table 1
P/C P/C P/C
P/C P/C P/C
P/C
P/C
P/C
Agricultural:
- farm activities - limited
P
-
-
-
-
-
-
-
-
- produce sales - limited
C
-
-
-
-
-
-
-
-
B
Bed & Breakfasts
C
C
-
-
-
-
-
-
-
C
Cemeteries & mausoleums (BL
4/2004P)
-
-
-
-
-
-
-
-
-
E
Education Service
C
C
C
C
C
C
C
C
C
Equestrian:
- private stables - See 6.3.1
A.U. not applicable
C
-
-
-
-
-
-
-
-
H
Home Occupations (BL 4/2004P)
C
C
-
C
C
-
C
C
C
Home Industries (BL 4/2004P)
-
-
-
-
-
-
-
-
-
N
Neighbourhood Commercial
-
C
C
C
C
C
C
C
C
O
Outdoor Participant Recreation
Service
C
C
C
C
C
C
C
C
C
P
R.M. of West St. Paul Zoning By - Law 2/99P
6. Residential Zones
page
87
Place Of Assembly
C
C
C
C
C
C
C
C
C
Planned Unit Development (BL
3/2004P & BL 2016-02P & BL 2016-
C
C
C
C
C
C
C
C
C
Public:
- buildings and structures
P
P
P
P
P
P
P
P
P
- parks and recreation areas
P
P
P
P
P
P
P
P
P
- utilities and / or storage
compounds (see 3.11. Exterior
storage)
C
C
P
C
C
P
C
C
C
R
Recreational facilities:
- buildings or structures
C
C
C
C
C
C
C
C
C
- temporary additional dwellings
(see 3.29.) (BL 6/2001P)
C
-
-
-
-
-
-
-
-
Religious Assembly
C
C
C
C
C
C
C
C
C
Residential:
- day care centres and nurseries
C
C
C
C
C
C
C
C
C
- family and group day care
P
C
C
C
C
C
C
C
C
- nursing homes
C
C
C
C
C
C
C
C
C
- neighbourhood care home
(BL 4/2004P)
C
C
-
-
-
-
-
-
-
- neighbourhood rehabilitation
home (BL 4/2004P)
C
C
-
-
-
-
-
-
-
- private home day care (BL
4/2004P)
P
P
P
C
C
P
C
C
C
- residential care facility
C
-
-
-
-
C
-
-
-
- multiple-family dwelling
-
-
-
-
-
P
P
P
P
- two-family dwelling (BL 2020-
15P)
-
-
-
-
-
P
P
P
P
- single family dwelling
P
P
P
P
P
P
P
P
P
- senior citizens home
C
C
C
-
-
C
C
C
C
- temporary additional dwellings
(see 3.29.) (BL 6/2001P)
C
-
-
-
-
-
-
-
-
- secondary suite (BL 2014-09P;
BL 2020-15P)
C
C
C
C
C
-
-
-
-
T
Temporary Uses (see 3.29.2)
P
P
P
P
P
P
P
P
P
Any other Residential use not
listed in this Table
C
C
C
C
C
C
C
C
C
R.M. of West St. Paul Zoning By - Law 2/99P
6. Residential Zones
page
88
6.3
BULK REGULATIONS
Table 16: Residential Bulk Table
Bulk regulations are in Metric (metres) followed by Imperial (feet) in Brackets
-
Front
Yard*
Side Yd
Interior
Side
Yd
Corne
r
Rear
Yard
Height
Max.
Max. Site
Coverage
(BL
6/2001P)
Unit
Area
Sq. Ft.
Unit
Area
Sq. Ft.
RR
%
Min.
Max.
Main
15.24
(50)
4.572
(15)
9.144
(30)
7.62
(25)
10.668
(35)
10
92.9
(1000)
-
Temporary
15.24
(50)
4.572
(15)
9.144
(30)
7.62
(25)
10.668
(35)
10
92.9
(1000)
See 3.29.
-
Accessory
21.336
(70)
1.524
(5)
9.144
(30)
3.048
(10)
4.572
(15)
15
Max.**
111.48
(1200)
-
RG
Min.
Max.
Main
12.192
(40)
1.524
(5)
4.572
(15)
7.62
(25)
10.668
(35)
20
92.9
(1000)
-
Accessory
12.192
(40)
1.524
(5)
4.572
(15)
0.914
(3)
4.572
(15)
15
Max.**
74.32
(800)
-
RC (BL 03/2007P)
Min.
Max.
Main
6.096
(20)
1.524
(5)
3.048
(10)
7.62
(25)
10.668
(35)
40
92.9
(1000)
-
Accessory
6.096
(20)
1.524
(5)
3.048
(10)
0.914
(3)
4.572
(15)
15
Max.**
74.32
(800)
-
R3
(BL 03/2007P;
BL 2020-15P)
Min.
Max.
Main
15.24
(50)
4.572
(15)
See Note
b)
9.144
(30)
7.62
(25)
13.72
(45)
40
55.74
(600)
-
Accessory
21.336
(70)
1.524
(5)
See Note
b)
9.144
(30)
3.048
(10)
4.572
(15)
15
Max.**
111.48
(1200)
-
RS-4
Min.
Max.
Main
7.62
(25)
1.524
(5)
3.048
(10)
7.62
(25)
10.668
(35)
13.716
(45)
92.903 m2
(1000 ft2)
-
Accessory
7.62
(25)
1.524
(5)
3.048
(10)
0.914
(3)
4.572
(15)
3.048
(10)
-
46.451
m2
(500 ft2)
R.M. of West St. Paul Zoning By - Law 2/99P
6. Residential Zones
page
89
-
Front
Yard*
Side Yd
Interior
Side Yd
Corner
Rear
Yard
Height
Max.
Max. Site
Coverage
(BL
6/2001P)
Unit
Area
Sq. Ft.
Unit
Area
Sq. Ft.
RS
(BL 2016-19P)
Min.
Max.
Main
6.1m
(20.0ft)
See Note a)
1.2m
(4.0ft)
1.5m
(5.0ft)
7.6m
(25.0ft)
10.7m
(35.0ft)
50.0
92.9m2
(1000.0ft2)
-
Accessory
6.1m
(20.0ft)
1.2m
(4.0ft)
1.5m
(5.0ft)
0.9m
(3.0ft)
4.6m
(15.0ft)
-
-
46.45m2
(500.0ft2
)
RMF-B
Min.
Max.
Main
4.572
(15)
1.219
(4)^
2.438
(8)
6.096
(20)
6.096
(20)
21.336
(70)
74.322
(800 ft2)
-
Accessory
4.572
(15)
0.914
(3)
1.524
(5)
1.524
(5)
4.572
(15)
4.572
(15)
-
37.161
(400 ft2)
RMF-1
(BL 2016-19P,
BL 2020-15P)
Min.
Max.
Main
4.6m
(15.0ft)
1.2m
(4.0ft)
See Note
b)
2.4m
(8.0ft)
6.1m
(20.0ft)
10.7m
(35.0ft)
70.0
-
-
Accessory
4.6m
(15.0ft)
0.9m
(3.0ft)
See Note
b)
1.5m
(5.0ft)
1.5m
(5.0ft)
See Note
c)
4.6m
(15.0ft)
15.0
-
-
RMF-2
(BL 2016-19P,
BL 2020-15P)
Min.
Max.
Main
7.6m
(25.0ft)
4.6m
(15.0ft)
See Note
b)
7.6m
(25.0ft)
7.6m
(25.0ft)
13.7m
(45.0ft)
50.0
-
-
Accessory
7.6m
(25.0ft)
1.5m
(5.0ft)
See Note
b)
7.6m
(25.0ft)
3.1m
(10.0ft)
4.6m
(15.0ft)
15.0
-
-
^min side yard along party walls shared by dwellings facing the street and/or, shared by detached accessory units facing a
rear lane is 0m.
* Front Yard (BL 2015-14P)
Please note that the front yard requirements in the residential zones, must comply with
the respective requirement as per the bulk table. Where a property is located along one
of the roadways identified below, new dwellings shall be located within the specified
front yard range for the setback as follows:
i)
R.M. of West St. Paul Zoning By - Law 2/99P
6. Residential Zones
page
90
-
Addis Avenue - 60 feet to 120 feet
-
Balderstone Road - 50 feet to 70 feet
-
Billingham Row- 50 feet to 75 feet
-
Bridgman Bay - 50 feet to 75 feet
-
Burns Road - 50 feet to 120 feet
-
Corrunna Avenue - 75 feet to 100 feet
-
Dearman Road - 75 feet to 125 feet
-
Grassmere Road (north) - 100 feet to 125 feet
-
Grassmere Road (south) - 75 feet to 100 feet
-
Griffin Way - 50 feet to 75 feet
-
Herdy Place - 50 feet to 75 feet
-
Hiawatha Avenue - 50 feet to 70 feet
-
Jackman Road - 75 feet to 100 feet
-
Kenabeek Street - 40 feet to 140 feet
-
Maddock Avenue - 40 feet to 60 feet
-
Magalas Avenue - 50 feet - 75 feet
-
Miller Road (between Hwy 8 and 9) - 100 feet to 125 feet
-
Minic Road - 50 feet to 90 feet
-
Minnehaha Avenue - 50 feet to 70 feet
-
Moore Road - 60 feet to 130 feet
-
Northumberland Road (South Side - between Hwy 8 and 9) - 100 feet to
150 feet
-
Northumberland Road (North Side - between Hwy 8 and 9) - 50 feet to
75 feet
-
Northumberland Road (West of Hwy 8) - 100 feet to 150 feet
-
Oakley Street - 50 feet to 75 feet
-
Rushman Road - 120 feet to 200 feet
-
Paterson Street - 50 feet to 75 feet
-
Pipeline Road - 100 feet to150 feet
-
Poneida Road - 70 feet to 230 feet
-
Seiler Road - 75 feet to 110 feet
-
Slater Road - 50 feet to 75 feet
-
Toshack Road - 70 feet to 140 feet
-
Wheatland Road - 60 feet to 120 feet
-
Willis Road - 65 feet to 110 feet
ii) in the case of a new multi-lot development, where applicable, new dwellings
shall be located with a front yard setback as specified in the development
agreement registered on title.
** Unit Area Sq. Ft.
Please Note that the unit area is a maximum per structure depending on the amount of
square feet noted per zone. Please note that the most restrictive of the unit maximum
and maximum site coverage will be enforced (BL 2016-09P).
Notes: (BL 2016-19P; BL 2020-15P)
R.M. of West St. Paul Zoning By - Law 2/99P
6. Residential Zones
page
91
a) In the RS zone, the minimum front yard requirement for portions of the front façade
that include an attached garage, serviced by a driveway that leads to the street, is 5.5 m
(18.0 ft.).
b) In the R3, RMF-1, & RMF-2 zones, the minimum side yard along party walls
shared by two or more dwelling units facing the street, and / or, shared by two or more
detached accessory units facing the rear lane, is 0.0 m.
c) In the RMF-1 zone, accessory structures may only be located in the rear yard and
shall be set back a minimum of 2.4 m (8.0 ft.) from the rear property line if there is
rear lane access.
Zone
Site Area
Site Width
RR
sq.m.(ac)
m.(ft)
Subdivisions as per Development Plan
5,574
(1.377ac)
37.795
(124 ft)
Subdivisions as per Development Plan and shown as an
RR Overlay zone on the Zoning Maps in Appendix A
8,094
(2 ac)
60.350
(198 ft)
RG
sq.m.
m.(ft)
Subdivisions as per Development Plan
1393.5
(15,000sq.ft)
22.86
(75 ft) (BL
2/2002"P")
RC (BL 3/2007)
sq. m. (ac.) m. (ft.)
Subdivisions as per Development Plan
743
(8000 sq. ft.)
18.29
(60)
R3 (BL 3/2007)
sq. m.(ac.)
m.(ft.)
Subdivisions as per Development Plan
5,574
(1.377 ac.)
60.35
(198 ft.)
RS-4
Subdivisions as per Development Plan and compliance
with Middlechurch Secondary Plan
464.51
(5,000 ft2)
15.24 m
(50 ft)
RS (BL 2016-19P)
Subdivisions as per Development Plan and
compliance with Middlechurch Secondary Plan
408.8 m2
(4,400.0ft2)
13.41 m
(44.0ft)
RMF-B
Subdivisions as per Development Plan and compliance
with Middlechurch Secondary Plan
297.28
(3,200 ft2)*
9.75 m
(32 ft)*
RMF-1 (BL 2016-19P)
Subdivisions as per Development Plan and
compliance with Middlechurch Secondary Plan
223.0 m2
(2,400.0ft2)
7.3m
(24.0ft)
See Note a)
RMF-2 (BL 2016-19P)
Subdivisions as per Development Plan and
compliance with Middlechurch Secondary Plan
4,046.9 m2
(1.0ac)
54.9m
(180.0ft)
*If located on a corner, the minimum lot width permitted is 36 ft and the minimum
permitted lot area is 3,600 sq. ft. The minimum lot width and area for a RMF-B zoned
interior lot with two party wall divisions between townhouse units is 30 ft. and 3,000 sq. ft.
respectively.
R.M. of West St. Paul Zoning By - Law 2/99P
6. Residential Zones
page
92
Notes: (BL 2016-09P)
a) The minimum lot width and area for a RMF-1 Zone interior lot with two party
wall divisions between Townhouse units is 22.0ft. and 2,200 ft2 respectively.
RR Overlay Zone
The RR Overlay Zone is a special zoning district, which is applied only in conjunction
with its underlying zone designated herein as RR Rural Residential and may grant
additional requirements upon the underlying zoning district. These additional
requirements are shown in the Residential Bulk Table 16 respecting site area and site
width.
RC Comprehensive Residential Zone
The "RC" Comprehensive Residential Zone is a special zone that provides for single
family housing with an overall site and building plan to be characterized by an open
space nature, preservation of natural features, staggered setbacks and a mixture of
housing styles, to the satisfaction of the design advisory committee and the municipal
engineer. The maximum allowable residential density in this zone shall be 4 dwelling
units per gross acre.
R3 Multi-family dwelling zone
The "R3" Multiple family dwelling zone provides for the development of medium to high
density multiple family housing developments such as duplexes, triplexes, fourplexes,
town or row housing, low rise and high rise apartments, in accordance with an overall site
and building plan to the satisfaction of the design advisory committee and the municipal
engineer. The maximum allowable residential density in this zone is 15 dwelling units
per gross acre.
RS Serviced Residential Zone (BL 2016-19 P)
The "RS" Serviced Residential Zone is a zone that provides for single family housing that
is fully serviced with municipal water and wastewater. The overall intent of the "RS"
Serviced Residential Zone is to create vibrant and inclusive neighbourhoods with a
variety of housing options for all life stages within close proximity to community services
and parks. "RS" Serviced Residential Zone shall only be applied to lands located within
the areas designated Settlement Centre.
RS-4 Single-Unit Residential Zone
To accommodate single-unit dwellings on medium sized suburban lot in areas designated
Settlement Centre in the Development Plan that are fully serviced with municipal water
and wastewater systems. The overall intent of the "RS-4" Single-Unit Residential zone is
to allow some medium sized lots in inclusive neighbourhoods with a variety of housing
options for all life stages within close proximity to community services and parks.
RMF-B Serviced Multi-Family Bungalow Dwelling Zone
To accommodate development of medium density multi-family housing developments
that are fully serviced with municipal water and wastewater systems. Such development
may include bungalow semi-attached, duplexes and townhomes with a maximum
permitted height of 20 ft. Each dwelling unit is to have direct ground level access and will
be developed in accordance with an overall site and building plan. The maximum
allowable residential density in this zone is 1 dwelling unit per 3200 sq. ft. (13.61 units
R.M. of West St. Paul Zoning By - Law 2/99P
6. Residential Zones
page
93
per acre). This zone shall only be applied to lands located within areas designated
Settlement Centre.
RMF-1 Serviced Multi-Family Residential Zone (BL 2016-19 P)
The "RMF-1" Serviced Multi-Family Dwelling Zone provides for the development of
medium density multi-family housing developments that are fully serviced with
municipal water and wastewater. Such development may include semi-attached, duplexes
and townhomes where each dwelling unit has direct access to ground level and will be
developed in accordance with an overall site and building plan. The maximum allowable
residential density in this zone is 1 unit per 2400 ft2 of site area for multi-family housing
units having direct access to ground level. The "RMF-1" Serviced Multi-Family
Dwelling Zone shall only be applied to lands located within the Serviced Area (BL
2022-05 P).
RMF-2 Serviced Multi-Family Residential Zone (BL 2016-19 P)
The "RMF-2" Serviced Multi-Family Dwelling Zone provides for the development of
medium to high density multiple family housing developments that are fully serviced
with municipal water and wastewater. Such development may include multi-storey,
multi-unit residential such as low rise apartments to a maximum of 45 ft., and will be
developed in accordance with an overall site and building plan. The maximum
allowable residential density in this zone is 1 unit per 1,250 square feet of site area for
low rise apartments. The "RMF-2" Serviced Multi-Family Dwelling Zone shall only be
applied to lands located within the Serviced Area (BL 2022-05 P).
6.3.1 Private Equestrian Stables Site Area
Site area including residence shall require:
- A minimum of 2 acres for a maximum of 1 horse; and
- An additional 2 acres for each additional horse.
R.M. of West St. Paul Zoning By - Law 2/99P
8. Industrial Zones
page
94
7.
COMMERCIAL ZONES
7.1.
INTENT AND PURPOSE
The following commercial zones are hereby established to provide sufficient land for
various types of commercial development within the commercial designations of the
Development Plan and any applicable Secondary Plan:
1.
"CH" Highway Commercial Zone provides for appropriate commercial uses
adjacent to the main highways for the purpose of servicing the travelling public and for
providing commercial space for those businesses which, by their nature, require a
highway location for access and/or display purposes.
2.
"CM" Commercial Mixed-Use Zone provides for the development of mixed
uses containing commercial and residential components. This zone can accommodate
mixed uses in two forms. First, single buildings with commercial and retail uses located
on the ground floor with residences located on upper floors. Second, uses can be mixed
on a single site in separate buildings.
7.2.
USE REGULATIONS
No land shall be used or occupied and no structure shall be erected, altered, used
or occupied, except for the uses listed in Table 17.
Table 17: Commercial Use Table
P = Permitted
C = Conditional
P/C = see Table 1
- = Not Permitted
Use
CH CM
Parking
Group
See Table5
A
Accessory uses, buildings or structures (as per Table 1)
P/C P/C
N/A
Agricultural:
- implement sales and service
C
-
11
- value added processing equipment sales and
service - wholesale or retail
C
-
11
Amusement enterprise
- outdoor
C
C
N/A
- within enclosed building
P
C
6
Animal shelter
C
C
N/A
R.M. of West St. Paul Zoning By - Law 2/99P
8. Industrial Zones
page
95
Use
CH CM
Parking
Group
See Table5
A
Automobile:
- sales & service
C
-
11
- service station
C
-
11
- storage compounds (see 3.11. Exterior storage)
-
-
N/A
- supplies
C
-
11
- repairs
C
-
11
- washing establishments
C
-
11
B
Bed & Breakfasts
C
C
1
C
Cabarets and cocktail lounges
C
C
6
Campgrounds
-
-
N/A
Cemeteries & mausoleums
-
-
N/A
Child care services
- family and group day care homes
P
C
N/A
- day care centres and nurseries
P
P
N/A
Clinics - medical & dental
P
P
9
Contractor's establishment:
- enclosed within a building
P
-
12
- outdoor storage (see 3.11. Exterior storage)
C
-
N/A
D
Dispatch services:
- cleaning, couriers, taxi and similar services
P
C
9
Drive-Through Facility
C
C
11
E
Eating And Drinking Establishment
P
P
6
Education Service
P
P
3
F
Funeral chapel, parlour
P
P
2
G
General Storage
C
-
N/A
H
Heavy Equipment Sales And Service
-
-
N/A
Hotels and motels
P
P
7
Home Occupations (B/L 4/2004 P)
C
C
I
Indoor Participant Recreation Service
C
C
6,8,9,10
L
Landscape:
- contractors' establishments
C
-
12
R.M. of West St. Paul Zoning By - Law 2/99P
8. Industrial Zones
page
96
Use
CH CM
Parking
Group
See Table5
Lumber & building supply:
- enclosed within building
P
C
11
- outdoor storage ( see 3.11. Exterior storage)
C
-
N/A
M
Manufacture and sales:
- carpentry or cabinetry
P
-
11
- monument and memorial products
P
-
11
Manufacture and sales not listed
C
-
11
Marina - including gas sales accessory to
C
-
N/A
N
Neighbourhood Commercial
P
P
9,11
O
Outdoor Participant Recreation Service
C
C
6, 10
P
Parking, Surface Lot
C
C
N/A
Personal Service Shop
P
P
11
Place of assembly
P
P
2,3,6
Planned Unit Development (BL 3/2004P)
C
C
1, 11
Planned Unit Development See 3.22.
-
-
N/A
Professional, Financial And Office Support Service
P
P
8,9
Public:
- buildings
P
P
8, 9
- utilities and / or storage compounds
C
C
N/A
R
Recreation vehicles - including boats:
- manufacture & sales
P
-
12
- sales & service
P
-
12
Recycling depot
- enclosed within building
C
-
12
- outside storage (see 3.11. Exterior storage)
C
-
N/A
Religious Assembly
P
C
2,3,6
Residential:
- within rear 1/2 or second storey
P
P
1
- single family dwelling
P
-
1
- above first floor of a mixed-use building
-
P
- residential care facilities
C
C
4
- nursing homes
P
P
4
- neighbourhood care home
-
C
4
- neighbourhood rehabilitation home
-
C
4
- multi-family dwelling
-
P
1
- daycare centres and nurseries
-
P
N/A
R.M. of West St. Paul Zoning By - Law 2/99P
8. Industrial Zones
page
97
Use
CH CM
Parking
Group
See Table5
Residential, con't:
- family and group day care homes
-
P
N/A
- private home daycare
-
P
4
- senior citizens home
-
P
1
Retail - other than that listed below
P
P
11
- gift shop
P
P
11
- grocery
P
P
11
- outdoor
C
C
N/A
S
Self-Service Storage Facility
- Enclosed within a Building
P
C
N/A
- Exterior Storage
-
-
N/A
Shopping Centre/Strip Mall
P
C
11,14
Spectator Entertainment Establishment
C
C
6
T
Temporary Uses (see 3.29.2.)
P
P
N/A
Truck Operation
C
N/A
6
Truck Service And Repair
C
N/A
6
Truck Terminals
-
-
N/A
V
Veterinary clinics and compounds
C
C
11
W
Warehousing:
- enclosed within building
P
C
12
- outside storage (see 3.11. Exterior storage)
C
-
N/A
Wrecking Yards
-
-
N/A
Any other Commercial use not listed in this Table
C
C
see Table 5
R.M. of West St. Paul Zoning By - Law 2/99P
8. Industrial Zones
page
98
7.3
BULK REGULATIONS
Table 18: Commercial Bulk Table (BL 2/2002P)
Bulk regulations are in Metric (metres) followed by Imperial (feet) in Brackets
Building
Type
Front
Yard
Side Yd
Interior
Side Yd
Corner
Rear .
Yard
Height
Max.
Site
Coverage
Unit Area
Sq. Ft.
CH
Main
12.20
(40)
1.524
(5)
4.572
(15)
7.62
(25)
10.668
(35)
N/A
N/A
Temporary
12.20
(40)
1.524
(5)
4.572
(15)
7.62
(25)
10.668
(35)
N/A
N/A
Accessory 12.20
(40)
1.524
(5)
4.572
(15)
3.048
(10)
4.572
(15)
N/A
N/A
CM
Main
12.20
(40)
1.524
(5)
[note a]
4.572
(15)
7.62
(25)
10.668
(35)
[note b]
N/A
[note c]
N/A
[note d]
Accessory
12.20
(40)
1.524
(5)
4.572
(15)
3.048
(10)
4.572
(15)
N/A
N/A
[note a] when adjacent to a residential zone, the interior side yard is 15ft
[note b] for multi-family residential uses, max height shall be 45ft
[note c] for multi-family residential uses, max site coverage shall be 50%
[note d] for multi-family residential uses, unit area sq. ft. shall be in
accordance with the standards of the RMF-2 Zone noting that
minimums and maximums are stipulated therein.
Zone
Site Area Site Width
CH
sq.m.(ac) m (ft)
Subdivisions as per Development Plan
5,574
(1.377 ac)
30.48
(100 ft)
CM
Subdivisions as per Development Plan
1,133
(0.28 ac)
30.48
(100 ft)
7.4.
DEVELOPMENT STANDARDS
7.4.1. Development standards shall be addressed through development agreements
between the Municipality and the developer. See 3.9. Development Standards and
3.11. Exterior Storage.
R.M. of West St. Paul Zoning By - Law 2/99P
8. Industrial Zones
page
99
8.
INDUSTRIAL ZONES
8.1
INTENT AND PURPOSE
The Industrial Zones are established to provide sufficient land in suitable
locations for industrial uses within industrial designations of the Development
Plan.
8.2.
USE REGULATIONS
No land shall be used or occupied and no structure shall be erected, altered, used
or occupied, except for the uses listed in Table 19
Table 19: Industrial Use Table
P = Permitted C = Conditional
P/C = see Table 1
- = Not Permitted
Use
M1 M2
(2/2006P)
Parking
Group
See Table5
A
Accessory uses, buildings or structures (as per Table 1)
P/C P/C
N/A
Agricultural:
- building manufacture, sales and service
P
P
N/A
- bulk fuel and oil storage and sales
C
C
N/A
- farm equipment repair
P
P
N/A
- implement manufacture & sale
P
P
11
- implement sales & service
P
P
11
- produce processing plants
C
C
11
- seed cleaning plants
C
P
N/A
Automobile:
- installation
P
P
11
- repairs
P
P
11
- sales & service
P
P
11
- service station
P
P
11
- fenced storage compounds (see 3.11 Exterior storage) P
P
N/A
- supplies
P
P
11
- washing establishments
C
C
11
C
Contractor's establishment:
- enclosed within a building
P
P
12
- outdoor storage ( see 3.11. Exterior storage)
C
P
N/A
Crematorium (BL 2017-10P)
C
C
N/A
D
Drive-Through Facility
C
C
6, 11
E
Eating And Drinking Establishment
C
C
6, 11
Education Service
C
C
3
F
Funeral Chapel, Parlour (BL 2017-10P)
P
P
2
H
Heavy Equipment Sales & Service
C
C
R.M. of West St. Paul Zoning By - Law 2/99P
8. Industrial Zones
page
100
Use
M1 M2
Parking
Group
See Table5
G
General Storage
C
P
N/A
I
Indoor Participant Recreation Service
-
C
6, 8, 9, 10
L
Landscape:
- contractors
P
P
12
- gardening supply sales
P
P
12
Lumber & building supply:
- enclosed within building
P
P
11
- outdoor storage ( see 3.11. Exterior storage)
P
P
N/A
M
Manufacturing - enclosed within building, except as listed
hereunder
P
P
11
- brick and / or concrete plants incl. brick or concrete
products
-
C
N/A
O
Offices - business or professional
P
P
8, 9
Outdoor Participant Recreation Service
C
C
6, 10
P
Planned Unit Development (BL 3/2004P)
C
C
11, 12
Public:
- buildings
P
P
8, 9
- fenced utilities and / or storage compounds
P
P
N/A
R
Recreation vehicles - including boats:
- manufacture & sales
P
P
12
- sales & service
P
P
12
Recycling depot including outside storage
C
C
N/A
Retail:
- sales in conjunction with an industrial use
P
P
11
S
Self-Service Storage Facility
- Enclosed Within Building
P
P
N/A
- Exterior Storage
C
C
N/A
Shopping Centre/Strip Mall
C
C
N/A
T
Temporary Uses (see 3.29.2)
P
P
N/A
Tire re-treading plants
C
C
N/A
Truck Operation
C
P
N/A
Trucking Service And Repair
P
P
N/A
Truck Terminals
C
P
N/A
R.M. of West St. Paul Zoning By - Law 2/99P
8. Industrial Zones
page
101
Use
M1 M2
Parking
Group
See Table5
V
Veterinary clinics & compounds (see 3.11. Exterior
storage)
C
C
11
W
Warehousing - industrial/commercial goods except as
listed below. (BL 3/2004P)
P
P
12
Any other Industrial use not listed in this Table
C
C
see Table 5
8.3
INDUSTRIAL BULK REGULATIONS
Table 20: Industrial Bulk Table (BL 2/2006P)
Bulk regulations are in Metric (metres) followed by Imperial (feet) in Brackets
Building Type
Front
Yard
Side Yd
Interior
Side Yd
Corner
Rear
Yard
Height
Max.
Site
Coverage
Unit Area
Sq. Ft.
M1 & M2
(BL 2/2002P and
2/2006P)
Main
12.20
(40)
1.524
(5)
4.572
(15)
7.62
(25)
10.668
(35)
N/A
N/A
Temporary
12.20
(40)
1.524
(5)
4.572
(15)
7.62
(25)
10.668
(35)
N/A
N/A
Accessory
7.62
(25)
1.524
(5)
4.572
(15)
3.048
(10)
4.572
(15)
N/A
N/A
Zone
Site Area Site Width
M1 & M2 (BL 2/2002P and 2/2006P)
sq.m. (ac)
m (ft)
Subdivisions as per Development Plan
5,574
(1.377 ac)
30.48
(100 ft)
8.4. DEVELOPMENT STANDARDS
8.4.1.
Development standards shall be addressed through development agreements
between the Municipality and the developer. See 3.9. Development Standards
and 3.11. Exterior Storage.
R.M. of West St. Paul Zoning By - Law 2/99P
9. Open Space Zone
page
102
9.
OPEN SPACE ZONES
9.1.
INTENT AND PURPOSE
The Open Space Zones are intended to provide sufficient land for schools, parks
and recreation uses in keeping with the provisions of the Development Plan.
9.2.
USE REGULATIONS
No land shall be used or occupied and no structure shall be erected, altered, used
or occupied, except for the uses listed in Table 21.
Table 21: Open Space Use Table
P = Permitted C = Conditional
P/C = see Table 1
- = Not Permitted
Use
OS
Parking
Group
See Table5
A
Accessory uses, buildings or structures
( as per Table 1 )
P/C N/A
C
Campgrounds
C
N/A
Child care services
P
N/A
D
Docks - boats or fishing
P
N/A
Drive-Through Facilities
P
11
E
Eating And Drinking Establishments
P
6
Education facilities
P
3
F
Fair and exhibition grounds
P
N/A
I
Indoor Participant Recreation Service
P
6, 8, 9, 10
L
Libraries
P
5
M
Museums
P
5
N
Nature and wildlife reserves
P
N/A
O
Outdoor Participant Recreation Service
P1
6, 10
1 if "marina - including gas sales accessory" requires Conditional Use
approval
R.M. of West St. Paul Zoning By - Law 2/99P
9. Open Space Zone
page
103
Use
OS
Parking
Group
See Table5
P
Place Of Assembly
P
2, 3, 6
Public:
- buildings and structures
P
8
- parks and recreation areas
P
N/A
- utilities and storage compounds ( see 3.11.
Exterior storage)
P
N/A
R
Religious Assembly
P
2, 3, 6
Retail:
- gift shop
P
11
T
Temporary Uses (see 3.29.2)
P
N/A
Any other Open Space use not listed in this Table
C
see Table 5
9.3
BULK REGULATIONS
Table 22: Open Space Bulk Table
Bulk regulations are in Metric (metres) followed by Imperial (feet) in Brackets
Building
Type
Front
Yard
Side Yd
Interior
Side Yd
Corner
Rear .
Yard
Height
Max.
Site
Coverage
Unit Area
Sq. Ft.
OS
Main
12.20
(40)
1.524
(5)
4.572
(15)
7.62
(25)
10.668
(35)
N/A
N/A
Temporary 12.20
(40)
1.524
(5)
4.572
(15)
7.62
(25)
10.668
(35)
N/A
N/A
Accessory
7.62
(25)
1.524
(5)
4.572
(15)
3.048
(10)
4.572
(15)
N/A
N/A
Zone
Site Area Site Width
OS
sq.m.(ac)
m.(ft)
Subdivisions as per Development Plan
20,234.3
(5 ac)
91.44
(300 ft)
R.M. of West St. Paul Zoning By - Law 2/99P
10. Definitions
page
104
10.
DEFINITIONS
10.0. CONTENTS
10.1.
Rules of Construction
10.2.
Definitions
10.1. RULES OF CONSTRUCTION
10.1.1 The following rules of construction apply to the text of this by-law.
10.1.1.1 Words, phrases and terms defined herein shall be given the defined
meaning.
10.1.1.2. Words, phrases and terms not defined herein but defined in the Act and
the Building By-laws of the Rural Municipality of West St. Paul shall
be construed as defined in such Act and By-laws.
10.1.1.3. Words, phrases and terms neither defined herein nor in the Building,
Electrical or Plumbing By-laws of the Rural Municipality of West St.
Paul shall be given their usual and customary meaning except where,
in the opinion of Council, the context clearly indicates a different
meaning.
10.1.1.4. The phrase "used for" includes "arranged for", "designed for", or
"occupied for".
10.1.1.5. Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions or events connected
by the conjunction "and", "or" or "either-or", the conjunction shall be
interpreted as follows:
- "and" indicates that all the connected items, conditions, provisions
or events shall apply in any combination.
- "or" indicates that the connected items, conditions, provisions or
events may apply singly, or in combination.
- "either-or" indicates that the connected items, conditions,
provisions or events shall apply singly but not in combination.
- The word "includes" shall not limit a term to the specified
examples, but is intended to extend the meaning of all instances or
circumstances of like, kind or character.
R.M. of West St. Paul Zoning By - Law 2/99P
10. Definitions
page
105
10.2 DEFINITIONS
A
Accessory Use, Building or Structure
use, building or structure which:
-
is subordinate to the principal building;
-
is subordinate in area, extent, or purpose to the principal building, structure or
use;
-
contributes to the comfort, convenience or necessity of occupants of the principal
building, structure or use; and
-
is located on the same zoning site as the principal building, structure or use.
Act
The Planning Act, being Chapter P80 of the Continuing Consolidation of the Statutes of
Manitoba, and amendments thereto.
Agricultural Implement Sales and Services
display, sale and / or rental of new or used farm implements and where minor incidental
repair work is done.
Agricultural Use
a use of land, building or structure for agricultural activities as defined in Farm Activities
general.
Aircraft Landing Strips
tract of land or water that is maintained for the landing and takeoff of aircraft and for
receiving and discharging passengers and cargo and that usually has facilities for the
shelter, supply and repair of planes.
Alter - building or structure
when used in reference to a building or structure or part thereof, to change any one or
more of the external dimensions of such building or structure or to make any change in
the supporting members or to the type of construction of the exterior walls or roof thereof
or the moving of a building or structure from one location to another.
Alter - lot
when used in reference to a lot to change the lot area, lot frontage or lot depth thereof; to
change the width, depth or area of any required yard, landscaped open space or parking
area; or to change the location of any boundary of such lot with respect to a street or a
lane, whether such alteration is made by conveyance or alienation of any portion of such
lot or otherwise.
Alter - use
when used in reference to a use, to discontinue and replace a use with a use which is
defined herein as being distinct from the discontinued use.
R.M. of West St. Paul Zoning By - Law 2/99P
10. Definitions
page
106
Amusement enterprise
a place where 3 or more coin or token operated machines, devices, contrivances or games
are provided for public amusement, but does not include:
- any machine that provides exclusively musical entertainment, rides, food or drink;
- premises licensed to serve alcohol under the appropriate statute;
- premises of a non-profit organization, association, institution or club which is
operated for social, recreational, educational, religious or fraternal purposes;
- an amusement park.
Animal shelter
a lot and/or building or part thereof used for the care of lost, abandoned or neglected
animals.
Animal waste unit
an amount of animal waste or waste equivalent as set out in this by - law.
Arbour
a structure of latticework which may be covered by vines or shrubs.
Arena
a facility for sport activities and includes ice surfaces for sporting activities.
Attached to Principal Building
a structure is considered to be a part of the principal building and is subject to all
regulations applicable to the principal building, where it is attached to the principal
building by any of the following:
- roof;
- floor, except a slab on grade;
- open or enclosed structure above grade;
- foundation which is above grade; or
- any structure below grade which allows access between buildings such as a
parking garage or corridor / passageway connecting the buildings.
Auction Mart
a site, or space where there are goods offered for sale to the highest bidder, whether
outdoors or in a wholly enclosed building.
Automobile
- compact automobile (small)
an automobile 4.8 metres (15.748 ft.) or less in length and 1.8 metres (5.905 ft.) or
less in width.
- full size
an automobile greater than 4.8 metres in length and greater than 1.8 metres in
width.
R.M. of West St. Paul Zoning By - Law 2/99P
10. Definitions
page
107
Automobile Repair
general repair, rebuilding or reconditioning of engines, motor vehicles or trailers such as
collision service, body repair and frame straightening; painting and upholstering; vehicles
steam cleaning; and undercoating.
Automobile service station
means a building or portion thereof and land used for 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 car washes, truck stops and highway service
stations.
Automobile storage compound
an open space either used or required for the standing of motor vehicles held for sale or
rental.
Automobile or trailer sales
building or portion thereof and land used for the sale or display of new or used
automobiles or trailers
Automobile Washing Establishment
see Car Wash.
Automobile Wrecking Facilities
see Wrecking Facilities Automobile
Awning
a movable shelter supported entirely from the exterior wall of a building and of a type
which can be retracted, folded or collapsed against the face of a supporting building.
B
Banquet hall
a building or part thereof used for the purpose of entertaining a large group of people
where food and liquor are generally provided.
Basement
a storey of a building in which the floor level above is located not more than 2 metres
above grade. A crawl space shall be considered a basement where:
- it exceeds 180 cm in height;
- it is used for any occupancy including storage;
- it is used as a plenum in combustible construction;
- it is used for the passage of flue pipes;
- a crawl space shall be considered a basement, as defined in the Manitoba Building
Code.
Batching plant - asphalt or concrete
an industrial facility used for the production of asphalt or concrete, or asphalt or concrete
products, used in building or construction and includes facilities for the administration or
R.M. of West St. Paul Zoning By - Law 2/99P
10. Definitions
page
108
management of the business, the stockpiling of bulk materials used in the productions
process or of finished products manufactured on the premises and the storage and
maintenance of required equipment, but does not include the retail sale of finished asphalt
or concrete products.
Bed and Breakfast
any residential dwelling in which not more than 4 rooms are rented to paying guests on
an overnight basis.
Board
the Red River Planning Board as established under The Planning Act.
Boarding house
a dwelling in which the proprietor supplies for a fee, sleeping accommodation with board
for 3 to 10 persons excluding the proprietor, members of the proprietor's family and
servants of the establishment, but does not include a hostel.
Building
includes any well, pipe line, excavation, cut, fill, transmission line or other erection or
structure, or any part thereof, and also includes any addition to or extension of a building
and any chattel that is attached to any structure or land or that is installed therein or
thereon.
- Accessory
See accessory use, building or structure
- Main or Principal
building in which is conducted the principal uses of the lot on which it is situated.
In any residential zone, a dwelling containing one or more dwelling units shall be
deemed to be a main or principal building on the lot which it is situated.
- Temporary
building intended for removal or demolition within a prescribed time, as set out in
a building permit.
Building Area
the maximum projected horizontal area of a building above grade measured to the centre
of a party walls and to the outside of other walls including air wells, and all other spaces
within the building, but excluding open air porches, verandas, steps, cornices, chimneys,
fire escapes, exterior stairways, breezeways, accessory buildings, ramps and open loading
platforms.
Building face
any exterior wall of a building exposed to public view.
Building height
vertical distance measured from the finished grade and the exterior surface of a flat roof,
the deck line of a mansard roof or the mean height between the bottom of the eaves and
R.M. of West St. Paul Zoning By - Law 2/99P
10. Definitions
page
109
the highest point of the roof surface for any other type of roof. The Development Officer
shall determine the height of an irregularly shaped roof.
Building separation
the least horizontal distance permitted between the nearest portions of any building
envelope on a lot.
C
Campground
an area of land containing camp sites managed as a unit providing short term over night
camping experiences from tenting to serviced trailer sites and including accessory
facilities which support the use, such as administration offices, laundry facilities, but not
including the use of mobile homes or trailers on a permanent year-round basis.
Cannabis (BL 2018-10P)
means cannabis as defined in The Cannabis Act (Canada).
Cannabis concentrate (BL 2018-10P)
means the hashish, cannabinoids, or any alkaloid, salt, derivative, preparation, compound,
or mixture, whether natural or synthesized, of cannabinoids.
Cannabis distributor (BL 2018-10P)
means a person who holds a cannabis distributor licence issued under The Liquor,
Gaming and Cannabis Control Act.
Cannabis-infused product (BL 2018-10P)
means a product infused with cannabis that is intended for use or consumption other than
by smoking, including but not limited to, edible product, ointments and tinctures.
Cannabis retail store (BL 2018-10P)
means the premises specified in a retail cannabis licence where the retail sale of cannabis
is authorized.
Carport
a permanent roofed structure which is attached to the principal building, and not
completely enclosed, to be used for the parking of privately owned automobiles.
Car wash
building or portion thereof wherein facilities are provided for the washing, cleaning and
polishing of motor vehicles. See automobile washing establishment.
Club
an association of persons, whether incorporated or not, united by some common interest,
meeting periodically for co-operation or conviviality. Club shall also mean, where the
context requires, premises owned or occupied by members of such associations within
which the activities of the clubs are conducted.
R.M. of West St. Paul Zoning By - Law 2/99P
10. Definitions
page
110
Compatible
a building or structure, activity or use that blends with, conforms to, or is harmonious
with the surrounding ecological, physical, visual or cultural environment.
Conditional use
the use of land or building which may be permitted in any particular zoning district as
provided for in a zoning by-law.
Conservation Area
the use of land which is intended to remain open in character, with the priority use given
to the preservation of its natural state or special environmental quality and may include
non-commercial recreational uses only if conservation of the resource is not jeopardized.
Contractor's Establishment
a premises where a construction contractor operates a business and where related
equipment and materials may be stored, including: wood construction, cabinet making,
carpentry, house builders, mobile home and "ready to move" house construction, package
home or garage construction, kitchen or bathroom renovating, general contracting,
heating contractors, air-conditioning and refrigeration contractors, insulating contractors,
painting contractors, plumbers, sheet metal contractors, roofers, drillers and well
contractors, septic tank installation, foundation contractors, excavators, stucco
contractors, siding contractors, brick laying, fencing contractors, ventilating contractors,
window and door installation, road, bridge, concrete and stucco contractors and other like
uses.
Convent
a building used as a residence, operated as a single housekeeping unit, solely by and for a
group of women who have professed vows in a religious order and who live together as a
community under the direction of a local supervisor designated by the order.
Conversion
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.
Council
the Council of the Rural Municipality of West St. Paul.
Crematorium
a building fitted with the proper appliances for the purposes of the cremation of human
remains and includes everything incidental or ancillary thereto.
D
Day care centre
premises that receives more than 5 children who are not of common parentage, primarily
for the purpose of providing temporary care, or guidance, or both temporary care and
guidance, for a continuous period not exceeding 24 hours where the children are under 18
R.M. of West St. Paul Zoning By - Law 2/99P
10. Definitions
page
111
years of age in the case of a day nursery for children with a developmental handicap,
under 10 years of age in all other cases.
Deck
a structure abutting a dwelling unit with no roof or walls except for visual partitions and
railings which is constructed.
Development Officer
officers appointed by the Board in accordance with the provisions of the Act.
Development Permit
a permit issued under a zoning By - law, authorizing development and may include a
building permit.
Development Plan
means the Red River Planning District Development Plan adopted by By-law No. 272/19
of the Red River Planning District and amendments thereto.
Dispatch Services
services provided for the dispatching of courier, delivery, cleaning, taxi or similar
services.
District
means the Red River Planning Area.
Drive-Through Facility
means any use designed or operated to allow patrons, while outside on the premises in
motor vehicles, to order, request, exchange, donate, or receive goods, wares,
merchandise, products, foods, beverages or services, including but not limited to a drive-
through restaurant, coffee shop or Automated Teller Machine (ATM)/bank
Drive-in establishment / Drive through establishment
An establishment with facilities for attracting and servicing prospective customers
travelling in motor vehicles, which are driven onto the site where the customer may or
may not receive service in the vehicle.
Dwelling
a building or portion thereof designed for residential occupancy but shall not include a
travel trailer, a motor home or a mobile home as defined herein.
- single-family
a detached building designed for and used by one (1) family.
- two-family
a detached building designed for and used by two (2) families, each having
exclusive occupancy of a dwelling unit.
R.M. of West St. Paul Zoning By - Law 2/99P
10. Definitions
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112
- Dwelling, multiple-family
a building containing three (3) or more dwelling units, each unit designed for and
used by one (1) family.
E
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, cafés,
delicatessens, tea rooms, banquet catering, lunch rooms and take-out restaurants. This
does not include drive-through facilities which provide services to customers who remain
in their vehicles, refreshment stands, or mobile catering food services.
Education Service
means a development which is privately or 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 either the same site
or elsewhere on the same zoning site. This use class includes public and private schools,
community colleges, technical and vocational schools and associated administrative
offices and dormitories, which may also be established as accessory uses
Existing
existing on the effective date of this By-law.
Extension
an increase in the amount of existing floor area used for an existing use, within an
existing building.
F
Fair and Exhibition grounds
the use of land, or building, or structure where the temporary exhibition of music, art,
goods, wares, vehicles, and the like are displayed and made available for sale and shall
include a midway and a place of amusement.
Family
one or more persons occupying a dwelling unit and maintaining a household. The term
"family" shall not be construed to mean fraternity, sorority, club or institutional group.
Family Day Care Home (BL 4/2004P)
means premises in which either day care alone, or in combination with parental care, is
provided at any time, to not more than eight (8) children of whom not more than five (5)
are less than six (6) years of age and not more than three (3) are less than two (2) years of
age; and which is the home of the person providing or offering the day care. (See also
neighbourhood care home, neighbourhood rehabilitation home, group day care home and
private home day care, care home, day care centre)
Farm Activities - general
use of land for agricultural purposes including:
- farming;
R.M. of West St. Paul Zoning By - Law 2/99P
10. Definitions
page
113
- dairying;
- pasturage;
- apiculture;
- floriculture;
- horticulture;
- animal and poultry husbandry; and
- necessary accessory uses for packing, storing or treating the produce provided,
however, that the operation of any such accessory uses shall be secondary to that
of the normal agricultural activities.
Farm Activities - limited
any agricultural activities limited to such uses as field crops, berry or bush crops, bee
keeping, orchards and tree farms.
Farm Implement Dealer
an establishment for the repair or sale of agricultural implements and including the sale of
lubricants for agricultural equipment on the same premises as an accessory use.
Farm Vacation
location in the Rural Zones where opportunity is provided to experience farm life. Farm
vacations may provide day tours or extended visits. Accommodation may include:
- rooms within the main residence
- campgrounds - maximum of 10 sites
Flood Level
means the 200-year flood level, the level of a known flood exceeding the 200-year flood,
or a level as determined to be appropriate by Council in consultation with the provincial
authority having jurisdiction
Flood Prone Lands
flood prone lands are those lands which are subject to flooding at the 200-year flood level
as specified by the provincial authority having jurisdiction, with exceptions as listed
below.
- Where levels exceed the 200-year flood level, the record flood level shall apply.
- Where land is protected by flood control works, the flood level specified by the
provincial authority having jurisdiction shall apply.
Flood Protection Level
land and buildings that are protected against flooding by raising the building site to the
flood protection level. Flood protection levels shall be as listed below:
- 200-year flood level plus 0.6 metres (2 ft.);
- or as specified by the provincial authority having jurisdiction
Floor Area
the total habitable area on one storey within a building which area is measured between
the exterior faces of the exterior walls or from the centre line of a common or party wall,
but excluding any private garage, breezeway, porch, veranda, balcony, sun room attic or
basement.
R.M. of West St. Paul Zoning By - Law 2/99P
10. Definitions
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114
Floor Area Gross, (GFA)
the total floor area of all storeys within a building or structure, contained within the
outside surface of the exterior and basement walls, provided that in the case of a wall
containing windows, the glazing line of windows may be used.
Floor Area, Net
the gross floor area of the building, structure or part thereof measured from the glazing
line or interior wall lines whether above, below or at grade, excluding attics, stairwells,
elevators, balconies, boiler rooms, electrical vaults, mechanical floors, penthouses or
rooms, unfinished vertical service shafts, 75% of non-rental common corridors and
toilets.
Floor Area, Net Ratio
the numerical value of the gross floor area of the building or structure located upon a lot
or building site, excluding:
- basement areas used exclusively for storage or service to the building
- parking areas below grade
- floor areas devoted exclusively to mechanical or electrical equipment servicing
the development, divided by the area of the site.
Frontage Street
all that portion of a zoning site or parcel abutting on a public street which provides
principal access to, or visibility for the premises.
G
Garage, private
an accessory building, attached or detached, used by the occupants of the premises upon
which it is located for the parking or temporary storage of private passenger motor
vehicles and may also include the incidental storage of other personal property.
General Storage
means a development used exclusively for temporary indoor or outdoor storage of goods,
materials and merchandise. This use class does not include vehicle storage compounds,
automobile wrecking yards, salvage yards, scrap metal yards or the storage of hazardous
goods or waste.
Grade
the average level of finished grade calculated at the perimeter of a site, or for structures
the average level at the base of the exterior walls, or as determined by the development
officer.
Greenhouse, Private
a building for the growing of flowers, plants, shrubs, trees and similar vegetation which
are not necessarily transplanted outdoors on the same lot containing such greenhouses,
and are for personal use which goods are not offered for sale.
R.M. of West St. Paul Zoning By - Law 2/99P
10. Definitions
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115
Group day care home
premises of the person providing the day care in which day care is provided any time to
more than 8 children but not more than 12 children of whom not more than 3 are less than
2 years of age.
Group Home
a single housekeeping unit in a residential dwelling in which three to ten residents
(excluding staff or receiving household) live under responsible supervision consistent
with the requirements of its residents. The home shall be licensed or approved under
Provincial statute.
H
Habitable Space
a place, site or space in a dwelling which could be used for human occupancy.
Hazard Prone Land
when used in this By-law means land where actual effects of hazards have occurred, and
without limiting the generality of the word, hazard includes but is not limited to the
following:
- flooding of watercourses or waterbodies except local ponding;
- erosion or cutting of land due to action of water in an adjacent watercourse or
waterbody;
- river bank instability or slumping;
- landslides including mud slides;
- subsidence; and
- local ponding due to improper surface drainage.
Health services
a building or part thereof primarily engaged in furnishing medical, surgical or other
services to individuals, including the offices of a physician, dentist, or other health
practitioners, medical and dental laboratories, out patient care facilities and miscellaneous
types of medical supplies and services.
Home occupation / business
an accessory use which:
- is carried on in a dwelling unit or its accessory building;
- is carried on solely by the members of the family residing at the same dwelling
unit or mobile home without the employment of other persons;
- is incidental to or secondary to the use of the dwelling unit or mobile home;
- has no exterior display, no exterior storage of materials, and no other exterior
indication of the home occupation or variation of the residential character of the
principal or accessory building except as provided for herein;
- does not become offensive, or obnoxious or create a public nuisance;
- does not cause the generation of undue traffic and congestion in the
neighbourhood; and
- articles sold or offered for sale are limited to those produced therein or articles
that are produced elsewhere but are pre-packaged and held only on a temporary
basis for distribution to customers outside the dwelling unit or mobile home.
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Hotel
a building or part thereof wherein accommodation is provided for transient lodgers, in
any individual room or apartment, with or without cooking facilities. Permitted
accessory uses include but are not limited to, restaurants, licensed beverage rooms,
banquet halls, ballrooms and meeting rooms.
I
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; archery or shooting ranges; bowling alleys and racquet clubs
Industrial hemp (BL 2018-10P)
means the growing of industrial hemp plants (those containing 0.3 per cent THC or less)
and associated activities.
K
Kennel
any premises on which three (3) or more animals are boarded, bred, trained or cared for,
in return for remuneration or are kept for the purpose of sale. A kennel shall not include
a veterinary clinic, animal hospital or animal pound.
L
Landfill Site
land licensed by the Ministry of Environment for the disposal of solid or liquid waste.
Livestock
farm animals kept for use, propagation or intended for profit and includes,
- dairy and beef cattle;
- swine, goats, sheep and horses;
- hens, chicken, turkeys, turkey broilers, geese and ducks; and
- foxes, mink and rabbits.
Livestock production operation
an operation where livestock are confined, fed or raised, but does not include:
- an operation for the slaughter or processing of livestock;
- an operation for the grading or packing of livestock or livestock products;
- an operation for transporting livestock or livestock products;
- a hatchery;
- a livestock auction market;
- pasturing cattle.
Loading Space
an off-street space or berth located on the same lot as a permitted use and used for the
parking of a commercial vehicle loading or unloading merchandise or materials pertinent
to such permitted use.
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Local sale means
(a) the sale of liquor from retail liquor premises or licensed premises in a
municipality; and
(b) the sale of cannabis from a cannabis store in a municipality.
Lodge
an establishment catering to the vacationing public by providing meals and sleeping
accommodation with at least 5 guest rooms or cabins, but shall not include any
establishment otherwise defined or classified herein.
M
Manufacturing (BL 3/2004P)
means the use of land, buildings or structures for the purpose of making, preparing,
assembly, inspecting, finishing, treating, altering, repairing, warehousing or storing or
adapting for sale of any goods, substance, article, thing or service.
Marinas
an area or structure used specifically in connection with the docking storage, servicing
and rental of boats and motors.
Micro-cultivation (BL 2018-10P)
means the small-scale growing of cannabis plants and harvesting material from those
plants, as well as associated activities.
Micro-processing (BL 2018-10P)
means the small-scale manufacturing, packaging and labelling of cannabis products
destined for sale to consumers, and the intra-industry sale of these products, including to
provincially/territorially authorized distributors, as well as associated activities.
Mobile home (BL 2/2002P)
a transportable, single - or multiple - section single family dwelling conforming to the
CAN/CSA-Z240 MH Series at the time of manufacture.
Motel
a group of attached or detached buildings or part thereof, wherein sleeping
accommodation is provided for transient lodgers. Permitted accessory uses include but
are not limited to restaurants, licensed beverage rooms, banquet halls, ballrooms and
meeting rooms.
N
Neighbourhood care home (BL 4/2004P)
means a building or portion thereof used for the boarding or other residential
accommodation plus care or treatment of more than (6) six persons but not more than
twelve (12) persons and in which care or treatment is not provided to any persons not
resident in the care home and that complies with the Provincial Government's licensing
requirements for Neighbourhood Care Homes. (See also neighbourhood rehabilitation
home, family day care home, group day care home, private home day care, care home,
day care centre)
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Neighbourhood Commercial
means a small-scale neighbourhood-oriented commercial use which may be allowed
within a residential zone subject to Council approval. Uses include convenience retail
stores, health services, personal service shops, or professional, financial or office support
services which would not significantly alter the residential character of the surrounding
neighbourhood. Specialty food services and eating establishments may also be allowed if
less than 1,000 square feet (92.9 sq.m.). The establishment of a neighbourhood
commercial use is listed as a conditional use in residential zones
Neighbourhood Rehabilitation Home (BL 4/2004P)
means a building or portion thereof used for the boarding or other residential
accommodation plus penal or other mandatory supervision or treatment of not more than
twelve (12) persons in which supervision or treatment is not provided to any persons not
resident in the rehabilitation home and that complies with the Provincial Government's
licensing requirements for Neighbourhood Rehabilitation Homes. (See also
neighbourhood care home, family day care home, group day care home, private home day
care, care home, day care centre)
Non-conformity
one, or a combination of one, or more, of the following:
- parcel of land,
- a building or structure,
- a use of a building or structure
- a use of land,
Which lawfully existed prior to the effective date of this By-law or amendments thereto,
but does not conform to the provisions contained within this By-law or amendments
thereto.
Non-conforming building or structure
any lawful building or structure which does not comply with one (1) or more of the
applicable bulk regulations on the effective date of this By-law, or amendments thereto.
Non-conforming parcel
any lawful parcel of land which does not comply with the site area, site width or site
depth requirements of the zone in which it is located on the effective date of this By-law,
or amendments thereto, and was on record in the Land Titles Office and in separate
ownership prior to the effective date of this By-law, or amendments thereto.
Non-conforming use
any lawful use of a building or structure or of a parcel of land, or portion thereof, which
does not conform to any one or more of the applicable use regulations of the zone in
which it is located on the effective date of this By-law, or amendments thereto.
Nursery, cannabis (BL 2018-10P)
means the growing of cannabis plants to produce starting material (seed and seedlings)
and associated activities.
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Nursing homes
any premises in which persons are cared for and lodged, where in addition to sleeping
accommodation and meals, personal care, nursing services or medical care and treatment
are provided or made available.
O
Outdoor Amusement Establishment
means a commercial development providing facilities for entertainment and amusement
activities which primarily takes place out of doors and where patrons are primarily
participants. Typical uses include amusement parks, go-cart tracks, racetracks, moto-
cross and all-terrain vehicle tracks, miniature golf, outdoor concert facilities and similar
uses.
Outdoor Participant Recreation Service
means a development providing facilities which are available to the public at large for
sports and active recreation conducted outdoors. Typical uses include golf courses,
driving ranges, shooting ranges, ski hills, sports fields, outdoor tennis courts, unenclosed
ice surfaces or rinks, athletic fields, boating facilities, outdoor swimming pools, bowling
greens, riding stables and trails.
_____P
Parking, Surface Lot
means an unenclosed area where motor vehicles may be stored for purposes of
temporary, daily or overnight off-street parking as a principal use
Parking area, public
a parking area used for the temporary parking of vehicles and is available for public use
whether free, for compensation or as an accommodation for clients, customers,
employees or visitors.
Parking Garage
an accessory building or structure, or any portion of a principal building or structure,
containing communal parking spaces used for the parking or temporary storage of motor
vehicles and which may include facilities for repairing or servicing such vehicles where
such are permitted or conditional in this by-law.
Parking space
a space on a parking area, public parking area or zoning site for the temporary parking or
storage of a vehicle.
Patio
see deck
Personal Service Shop
means a building or part of a building in which persons are employed in furnishing
services and otherwise administering to personal needs and the repair and maintenance of
personal effects, including such establishments as barber shops, beauty salons, shoe
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repair shops, tailor and dressmaking shops, pet grooming (not including kennels), dry
cleaning establishments and laundromats.
Place Of Assembly
means a public or privately owned auditorium, hall or similar facility developed for the
purpose of accommodating groups of persons for meetings, exhibitions, shows, trade
fairs, public meetings, banquets, conferences and similar activities
Planned unit development
- A planned unit development as defined in the Act.
- a land development project planned as an entity in accordance with an overall site
plan which permits flexibility in the setting of buildings, mixture of housing types
and/or land uses, usable open spaces and the preservation of significant natural
features.
Ponds and fountains
Ponds and fountains on the property of a single family dwelling, which are lined and have
a water capacity exceeding 0.6096 metres (2 ft.), shall be deemed private pools and shall
be subject to the:
- Manitoba Building Code regulations; and
- bulk requirements for accessory buildings and structures.
Produce sales - limited
sales limited to goods produced by market gardeners in nurseries or in greenhouses.
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; office 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.
Projection
any projection which is not intended for occupancy and which extends beyond the face of
an exterior wall of a building, including roof overhangs, mansards, unenclosed exterior
balconies, marquees, bay windows, immovable awning, canopies, pilasters, facias, and
the like, but not including signs.
Public utility
means any system, works, plant, equipment or service which furnishes services or
facilities at approved rates to or for the use of residents of the Municipality including but
not limited to:
- Communication, by way of telephone, telegraph, wireless or television services or
facilities;
- Public transportation, by bus or other vehicle;
- Production, transmission, delivery or furnishing of water, gas or electricity to the
public at large;
- Collection of sewage, garbage or other waste; or
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- Municipal public works yard.
Public works
see Public utility
R
Religious Assembly
means a place of worship and related activities. Typical uses include churches, chapels,
mosques, temples, synagogues, parish halls, convents and monasteries. Accessory uses
can include associated schools, day-care facilities, parish halls, cemeteries and like uses.
Residential care facility
the use of any building or structure or part thereof, however named, which is advertised,
announced or maintained for the express or implied purpose of providing lodging, meals,
care and supervision or transitional services to persons not related by blood, marriage or
adoption to the operator nor to each other but does not include a facility which is licensed
or designated by the Province of Manitoba.
Restaurant
a building used for the purpose of serving food and/or refreshments including a licensed
establishment, and may include take-out food facilities as an accessory use.
Retail cannabis licence (BL 2018-10P)
means a licence to be issued under The Liquor, Gaming and Cannabis Control Act.
Retail Sales And Services
mean developments used for the retail sale of groceries, baked goods, meats, beverages,
household goods, furniture and appliances, hardware, printed matter, confectionary,
tobacco, pharmaceutical and personal care items, automotive parts and accessories, office
equipment, computers, cell phones, stationary and similar goods from within an enclosed
building. Associated services and repair including postal services, film processing, movie
rentals and similar uses are included. This use class does not include developments used
for the sale of gasoline, heavy agricultural or industrial equipment, cannabis, pawn shops,
adult entertainment establishments or adult sales stores.
RR Overlay Zone
The RR Overlay Zone is a special zoning district, which is applied only in conjunction
with its underlying zone designated herein as RR Rural Residential and may grant
additional requirements upon the underlying zoning district. These additional
requirements are shown in the Residential Bulk Table 16 respecting site area and site
width.
S
Secondary Suite (BL 2014-09P)
A secondary suite (attached) is a self-contained accessory dwelling unit located within, or
attached to, a permanent single-family detached dwelling that is a single real estate entity.
A secondary suite contains a single housekeeping unit and has its own separate access,
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cooking, sleeping, heating and sanitary facilities which are separate from and not shared
with those of the principal dwelling.
Self-Service Storage Facility
means a building or group of buildings consisting of individual, self-contained units
leased to individuals, organizations, or businesses for self-service storage of personal
property
Senior citizen home
a multiple-family dwelling or a building containing individual rooms where elderly
people live independent of personal care.
Separation Distances
open space around dwellings separating them from adjacent buildings or activities, and
providing daylight, ventilation and privacy.
Service shop - establishment
an enclosed building or part thereof whether conducted in conjunction with retail
shopping or not, for the repair, sale and servicing of articles or materials as opposed to
the manufacturing of the same.
Serviced Area
means any area of development that is fully serviced with municipal water and
wastewater.
Setback
the shortest horizontal distance measured at right angles from the centre line of the
travelled street abutting the specified yard, to the nearest part of any building, or structure
on an abutting lot.
Signs
Notwithstanding anything else in this By-law, the following terms are defined for the
purposes of Section 3.27, Signs:
- "billboard, digital moving copy" means a sign or billboard with copy displayed
utilizing electronic screens, televisions, computer video monitors, liquid crystal
displays, light emitting diode displays, or any other electronic technology where
the sign copy displays moving images, and which directs attention to a business,
commodity, service, thing, message, or entertainment conducted, sold, or offered
elsewhere than upon the same zoning lot on which that sign is located.
- "billboard, digital static copy" means a sign or billboard capable of changing the
message or copy on the sign electronically, where all the sign copy is fixed for a
set period, and which directs attention to a business, commodity, service, thing,
message, or entertainment conducted, sold, or offered elsewhere than upon the
same zoning lot on which that sign is located.
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- "billboard, poster" means a sign or billboard that does not utilize digital message
technology, and that directs attention to a business, commodity, service, thing,
message, or entertainment conducted, sold, or offered elsewhere than upon the
same zoning lot on which that sign is located.
- "A-board sign" means an A-shaped sign which is set upon the ground and has no
external supporting structure.
- "alteration" means a structural modification of a sign but does not include routine
maintenance, painting or change in face, copy or lettering.
- "animated sign" means a sign which uses movement or change of lighting to
depict action or create special effects or a pictorial scene but does not include a
clock.
- "automatic dimming" means technology that continually adjusts the brightness
of a sign in relation to ambient light levels.
- "auxiliary sign" means a sign of any type which is attached to the face, copy,
backing, lighting, or supporting structure of any sign.
- "awning sign" means an awning which incorporates a sign painted on, or affixed
flat to the surface of the awning and which does not extend vertically or
horizontally beyond the limits of such awning. The awning itself may or may not
be illuminated.
- "banner sign" means a temporary sign constructed of lightweight, non-rigid
material such as cloth, canvas, PVC, or similar material and that is affixed to a
wall or fence.
- "billboard sign" means the following:
o billboard, digital moving copy;
o billboard, digital static copy; or
o billboard, poster.
- "bulletin board sign" means a sign of permanent character, but with movable
letters, words or numerals indicating the names of persons associated with, or
events conducted upon, or products or services offered upon the premises upon
which such sign is located.
- "business sign" means a sign directing attention to a business, commodity,
service, or entertainment conducted, sold, or offered upon the same zoning lot on
which that sign is located.
- "canopy sign" means a canopy or free-standing canopy which utilizes or
incorporates a sign.
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- "character display" means sign copy that can be changed using removable
individual characters or panels and that is affixed to a mobile sign, standard.
- "clearance" means the shortest vertical distance between the underside of a sign
and grade immediately below.
- "community identification sign" means a sign which states the name of a
residential, commercial, or industrial community area and may contain a logo or
symbol which is related to the community name.
- "construction sign" means a temporary sign erected by an individual or a firm on
the premises undergoing construction and upon which the sign user identifies a
construction project and information relative thereto.
- "copy" means letters, graphics, or characters that comprise the sign message.
- "copy area" means that area of a sign covered by a single rectangle drawn around
the extremities of the message contained on the sign and in the case of a multi-
face sign comprises one-half of the total area of all sign faces.
- "digital moving copy" means a sign with copy displayed utilizing electronic
screens, televisions, computer video monitors, liquid crystal displays, light
emitting diode displays, or any other electronic technology where the sign copy is
not fixed for a set period.
- "digital reader board" means a changeable copy sign that uses light emitting
diodes. Messages are composed of an ordered sequence of alphanumeric
characters on a black or dark background.
- "digital static copy" means a sign with copy displayed utilizing electronic
screens, televisions, computer video monitors, liquid crystal displays, light
emitting diode displays, or any other electronic technology where all the sign copy
is fixed for a set period.
- "digital static copy, 24-hour hold" means a sign with copy displayed utilizing
electronic screens, televisions, computer video monitors, liquid crystal displays,
light emitting diode displays, or any other electronic technology where the sign
copy is fixed for 24 hours using a factory pre-set that is not adjustable to the user
and cannot be altered without the assistance of the manufacturer.
- "directional sign" means:
o a sign which directs the public to or denotes the name of
any thoroughfare, route, educational institution, public
building, historical site, or hospital;
o a sign which directs and regulates traffic;
o a sign which denotes any public or transportation
facility;
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o a sign which gives direction to a private premises or its
vehicular use area.
- "double-faced sign" means a sign having two faces, with each face being of equal
area and in identical proportion to the other, and with each face located on the
structure to be parallel and opposite to and facing away from each other.
- "encroaching sign" means a sign which extends, in whole or in part, into or over
a public right-of-way or other public place.
- "fascia sign" means a sign, or individual letters attached to, marked, or inscribed
on, or erected or placed against a wall or other surface, whether forming part of a
building or not, and having the exposed face of the sign on a place approximately
parallel to the plane of such wall or other surface and projecting not more than 18
inches from the face of such wall.
- "feather sign" means a temporary sign composed of lightweight, non-rigid
material such as cloth, canvas, PVC, or similar material and that is free-standing.
- "flag sign, pole mounted" mean a temporary sign composed of lightweight, non-
rigid material, such as cloth, canvas, PVC, or similar material, and is affixed to a
pole.
- "flag sign, zip tie" means a temporary sign composed of lightweight, rigid
material, such as plastic or similar material, that is affixed to a pole.
- "flashing sign" means a sign which contains an intermittent or flashing light
source but does not include a digital moving copy sign, a digital reader board, a
digital static copy sign or a digital static copy, 24-hour hold sign.
- "free-standing sign" means a sign supported by structures or supports that are
placed on or anchored in the ground and that are independent from any building or
other structure, including a sign that is attached to a fence.
- "graphic display" means sign copy that is composed of printed imagery and does
not utilize character display or digital message technology.
- "hold time" means the length of time a sign message is fixed in place before
changing to a different sign message.
- "identification sign" means a sign that identifies a business, owner, resident, or
institution by name, logo, or street address, and which sets forth no other
advertisement.
- "illumination" means the lighting of any sign by artificial means.
- "illumination, direct" means the lighting of any sign face from a light source
located on or near the exterior of the sign.
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- "illumination, indirect" means the lighting of any sign face by reflected light.
- "illumination, internal" means the lighting of any sign face from a light source
located within the sign or behind the copy.
- "inflatable sign" means an inflated three-dimensional device which may
incorporate a sign and is anchored or affixed to a building or site and is approved
as a mobile sign.
- "maintenance" means the cleaning, painting, repair, or replacement of any
defective parts of a sign in a manner that does not alter the basic design or
structure of the sign and does not include a change in copy.
- "mansard roof sign" means a sign attached to the face of or located on the
sloping roof of a mansard roof in the manner of a fascia sign.
- "marquee sign" means a sign attached to a marquee.
- "mobile sign, small" means a flag sign, a banner sign, an inflatable sign, a feather
sign, or an A-board sign.
- "mobile sign, standard" means a temporary sign that is mounted on a trailer,
vehicle, stand or similar support structure and that is designed or intended to be
readily relocated to another location, and that may include graphic display copy or
character display copy.
- "multi-tenant sign" means a sign containing copy for 3 or more tenants or
occupants located on a site.
- "owner of sign" means a person or his authorized agent in lawful control of a
sign.
- "painted wall sign" means a sign which is painted directly upon any outside
surface of a building or other integral part of a building.
- "projecting sign" means a sign, other than a fascia or canopy sign, the exposed
face or faces of which are not necessarily parallel to a wall and which is attached
to a building and extends as a projection of a line of that building or beyond the
surface of that portion of the building to which it is attached.
- "reado-graph sign" means a sign on which the copy can be changed manually
using attachable letters, numerals or pictorial panels.
- "real estate sign" means a temporary sign advertising real estate that is "for sale",
"for lease", or "for rent", or real estate that has been "sold".
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- "roof sign" means a sign which projects above a roof line to which the sign is
attached or is erected upon or above a roof or parapet of a building to which the
sign is attached, except that a sign that projects above the roof line by not more
than 2 feet at the point of attachment the total projection of which does not exceed
25 square feet is not included within the definition of a roof sign.
- "rotating sign" means a sign or portion of a sign which moves in a revolving
manner but does not include a clock or a traditional barber pole sign 2 feet or less
in height that meets all other standards of this By-law.
- "sign" means any writing (including letter, word, or numeral), pictorial
representation (including illustration or decoration), emblem (including device,
symbol, logo, or trademark), flag (including banner, or pennant but not the flag of
any nation or government), and anything designed or intended to, or having the
effect of, announcing, identifying, directing attention to, or advertising any
building or use.
- "sign height" means the vertical distance measured from the highest point of the
sign or sign structure to grade.
- "sign message" includes any image, written copy, structure, graphics, pictures,
logos, symbols, or letters used or intended to be used for advertising or for calling
attention to any business, person, matter, object, or event.
- "sign surface area" means the entire area of a sign within a single continuous
perimeter enclosing the extreme limits of writing, representation, or emblem.
- "sign topper" means a sign that is affixed to the top of a mobile sign, standard.
- "transition time" means the length of time it takes to change from one sign
message to another.
- "under-canopy sign" means a sign which is suspended beneath a canopy or
beneath a portion of a building.
- "wall-mounted sign" means a sign which is mounted or fixed to or supported by
a wall, by any means.
- "warning sign" means a sign displayed to warn the public about a physical
danger present in its surrounding, or associated with some feature, or activity on a
specific site, such as "Danger, Look out for Cars".
- "window sign" means a sign which is painted on, attached to, or installed on a
window, for the purpose of being viewed from outside the premises.
Site
a zoning site as defined herein unless the context indicates otherwise.
an area of land consisting of 1 or more abutting lots.
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Site area
the computed area contained within the site lines.
Site Corner
a site situated at the intersection of two (2) streets, the interior angle of such intersection
not exceeding 135 degrees.
Site Coverage
Site coverage shall be the percentage of the lot area covered by the ground floor area of
all buildings located thereon. For the purpose of lot coverage calculations, building shall
mean any structure consisting of a wall, roof and floor or any one of them, or a structural
system serving the same purpose.
Site Depth
the horizontal distance between the centre points in the front and rear site lines.
Site Frontage
all that portion of a zoning site fronting on a street and measured between side site lines.
Site Interior
a site other than a corner site or a through site.
Site lines
- Front, site line
that boundary of a site which is along an existing or designated street. For a
corner site, a line separating the narrowest street frontage of the site from the
street.
- Rear, site line
that boundary of a site which is most nearly parallel to the front site line and in the
case of a site in which the side site lines intersect, such as a triangular site, a line
ten (10) feet in length within the site, parallel to and at the maximum distance
from the front site line.
- Side, site line
any boundary of a site which is not a front or rear site line.
Site, Irregular
an irregular shaped site which cannot have its site lines defined by the foregoing
definitions, the front, rear and side site lines shall be determined by the Development
Officer.
Site, Through
a site having a pair of opposite site lines along two (2) more-or-less parallel streets. On a
through site having vehicular access across both frontages, both street lines shall be
deemed front site lines.
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Site, Width
the horizontal distance between the side site lines of a lot, measured at right angles to the
site depth at a point midway between the front and rear site lines, or at 15.24 m (50.00 ft.)
from the front site line, and the lesser of these distances is the site width.
Site Zoning
a parcel of land with frontage on a street (excluding a lane) and of such sufficient size to
provide the minimum requirements for use, area, yards and other open space as are
required within this By-law.
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
Stable private (BL 4/2004P)
means a detached accessory building for the keeping of horses owned by the occupants of
the premises and not kept for remuneration, hire or sale.
Stable riding or boarding
a stable where more than (3) horses for hire, sale or boarding are kept.
Standard cultivation (BL 2018-10P)
means the large-scale growing of cannabis plants and harvesting material from those
plants, as well as associated activities.
Standard processing (BL 2018-10P)
means the large-scale manufacturing, packaging and labelling of cannabis products
destined for sale to consumers, and the intra-industry sale of these products, including to
provincially/territorially authorized distributors, as well as associated activities.
Storage Container (BL 6/2010P)
Means a prefabricated unit not requiring any construction or assembly placed on a
property for the purpose of storage and includes rail cars and semi trailers and similar
type containers but does not have wheels.
Street (BL 4/2004P)
means any public highway, lane, park, square, subway, bridge, wharf, or any other
improved thoroughfare or way or part thereof, of sufficient width to accommodate the
passage of emergency vehicles.
Structural Alteration
the construction or reconstruction of supporting elements of a building or other structure.
Structure
anything constructed or erected with a fixed location on or below the ground, or attached
to something having a fixed location on the ground and includes buildings, walls, fences,
signs, billboards, poster panels, light standards and similar items.
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Subdivision
the division of a parcel by an instrument including a plan of subdivision, conveyance,
deed or mortgage.
T
Tandem Parking
two parking spaces, one behind the other, with a common or shared point of access to the
manoeuvring aisle.
Temporary additional dwelling
a temporary single detached dwelling containing bathroom and kitchen facilities that may
be accessory to an existing single detached dwelling and that is designed to be portable.
Truck Operation
means a building or land used for a smaller trucking business whose fleet does not exceed
15 trucks (e.g. semi-truck & trailer, flatbed truck, box truck / cube van, etc.) or buses per
acre, to a maximum of 30 trucks or buses. The business may also involve the storage and
loading of cargo either within a building or onsite, as well as the repair and servicing of
the business fleet vehicles.
Truck Service and Repair
means a building or premises used for the servicing or repair of trucks (e.g. semi-truck,
dump truck, tow truck, etc.), transportation trailers and / or buses.
Truck terminal
means a building or land used for a larger trucking business whose fleet exceeds 15
trucks (e.g., semi-truck & trailer, flatbed truck, box truck / cube van, etc.) or buses per
acre, or 30 trucks or buses in total. The business may also involve the storage and loading
of cargo either within a building or onsite, as well as the repair and servicing of the
business fleet vehicles.
V
Variation Order
the altering of any of the requirements found in this zoning by-law in accordance with
The Planning Act.
Veterinary Clinic
a building or part thereof with or without related structure wherein animals of all kinds
are treated or kept for treatment by a registered veterinarian.
W
Warehouse
a building or part thereof which is used primarily for the housing, storage, adapting for
sale, packaging or distribution of goods, wares, merchandise, foodstuff, substances,
articles or things, and includes the premises of a warehouse watchperson, but does not
include a fuel depot.
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Wrecking Facilities, Automobile
an area of land deemed as a Class 1 development as per section 10 of the Environment
Act which is used for the storage and processing of wrecked automobiles.
Y
Yard
an open area, on the same zoning site with a building or structure which yard is
unoccupied and unobstructed from its lowest level to the sky, except as otherwise
permitted herein. A yard extending along a site line to a depth or width (measured from
the site line) specified in the yard requirement for the zone in which such zoning site is
located.
Yard Front
a yard extending all the full length of the front site line between the side site lines.
Yard Rear
a yard extending along the full length of the rear site line between the side site lines.
Yard Side
a yard extending along the side site line from the front yard to the rear yard.
Z
Zone
a designated area of land use shown on Appendix A hereto.
Zoning Compliance Certificate
may be issued upon application of any person having an interest therein, describing the
land, building or structure, or the use or intensity of use of land or a building or structure
that was lawfully in existence at the date of the enactment of this zoning by-law, and
stating that it may continue to exist although it does not conform to the zoning by-law as
per Section 48(3) of The Planning Act.
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11. REPEAL AND EFFECTIVE DATE
11.1.1. By - Law 7/92 'P', being a By - law adopting the R. M. of West St. Paul Zoning
By - law, and all By - laws adopted from time to time amending said By - law
are hereby repealed.
11.2.1. This By - law is hereby adopted and shall come into full force, on, from and after
the date on which it receives third reading by the Council of the R. M. of West St.
Paul.
DONE AND PASSED in Council assembled this 14th day of October A.D. 1999
Read a first time this 23rd day of July A.D. 1999
Read a second time this 23rd day of September A.D. 1999
Read a third time this 14th day of October A.D. 1999
R.M. of West St. Paul Zoning By - Law 2/99P
Appendix A Zoning Map
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APPENDIX A: CONSOLIDATED ZONING MAP