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Zoning is an important tool which Councils can use to promote orderly development within their communities. Zoning works by regulating the use of land and the use and location of buildings and structures. Its goal is to create harmonious places where people can live, work and play! Our office is authorized to enforce the Zoning and Building Bylaws of the Municipal bodies of the City of Selkirk and the Rural Municipalities of West St. Paul, St. Clements, St. Andrews and the Village of Dunnottar.
"The Zoning By-law" is the basis upon which zoning decisions are made. It is hoped that the information presented on the following tabs, in combination with advice extended through professional planners, will result in better and more comprehensive zoning decisions. Well thought out and well researched decisions cannot help but result in more attractive, affordable, safer and healthier communities. Zoning typically involves delineating on a zoning map land in the community (rural and urban) into "zones" or "districts",with each "zone" permitting certain compatible land uses according to specified standards of development. Typical zones could be — residential, commercial, industrial, agricultural, etc. The zone names indicate the kind of land uses that typically take place in each. Standards of development are defined within the bylaw text and tables Zoning attempts to prevent land use conflicts by controlling land uses, development density, building heights and bulk, minimum setbacks from property lines, and open space and lot size. Zoning regulations do constrain the uses to which a property owner may put the land. However, by applying regulations, zoning provides protection for all property owners from the uncontrolled actions of others. The municipal by-law which establishes these zones and standards for development in a municipality is called “The Zoning By-law”, which is a legal, enforceable document adopted by Council after receiving input from the public and senior government agencies. Zoning By-Laws serve a variety of purposes, including, but not limited to: - Facilitate the orderly and economical provision of municipal services such as roads, water, sewer, hydro, fire and police, health, education and recreation facilities by controlling development standards, densities, and the phasing or timing of development.
- Promote community safety by zoning land for development in appropriate locations. This means that bulk storage of gasoline or fertilizers would be restricted to planned industrial areas; housing development would not be permitted in areas subject to severe flooding; land zoned for housing, schools, and recreation facilities would all be on the same side of a busy highway, etc.
- Protect natural resources, such as farmland from premature subdivision, restrict the cutting of trees on steep slopes to prevent soil erosion, protect groundwater from pollutants, or hazard lands from development.
- Protect the living environnient from potentially adverse social, economic and environmental impacts of new development. This could mean restricting the development of a livestock feedlot near a built-up community OR a rural residential subdivision near a livestock operation in a rural area. It could prevent the construction of homes in an area set aside and serviced for potential industry.
- Help stabilize and preserve property values and the character of the area by preventing incompatible uses from developing near by — for instance, salvage yards in a residential neighbourhood.
Zoning is not retroactive. If a use was legally in existence PRIOR to a zoning by-law being adopted, it can continue in its present state even though it may not conform to the provisions of the zoning by-law. (These uses are called "legal non-conforming uses" and retain what is referred to as "legal non-conforming rights.”) Legal non-conforming use may continue as long as there is no discontinuance of more than one-year, and in the case of fire or other damage or destruction, not more than 50%. Each Municipality has its own Zoning and Building By-Law. While there may be similarities between these By-Laws, they only regulate the Municipality they serve. Building By-law 4722 is not currently available on-line. Please see our office to view a copy. Building By-law 6/96 is not currently available on-line. Please see our office to view a copy. A Zoning Confirmation Letter confirms that use on a site conforms to current zoning regulations. To apply for a Zoning Confirmation Letter, applicants must provide our office with a request in writing detailing the nature of the use and property location (Municipality + Propoerty Tax Roll Number) and contact information. The cost for a Zoning Confirmation letter is: - $100.00 PLUS GST = $105.00, for a one or two family dwelling, OR
- $150.00 PLUS GST = $157.50, for any other use.
Please make the cheque payable to our office. A Zoning Memorandum confirms that a building placement on a site conforms to current zoning regulations. To apply for a Zoning Memorandum, applicants must provide our office with a request in writing including property location (Municipality + property tax roll number) and standard contact information (name, mailing address, phone number), a current Building Location Certificate prepared by a Manitoba Land Surveyor, and a cheque made payable to our office. The cost for a Zoning Memorandum is: - $100.00 for a one or two family dwelling, OR
- $150.00 for any other building.
This is a flat fee. A Zoning Compliance Certificate confirms that a use, or a building placement on a site, conforms to previous zoning regulations and are therefore legal non-conforming. To apply for a Zoning Compliance Certificate, applicants must provide our office with a request in writing detailing the nature of the use, location of the property (Municipality + property tax roll number), including standard contact information (name, mailing address, phone number), a current Building Location Certificate prepared by a Manitoba Land Surveyor, and a cheque made payable to our office. The cost for a Zoning Compliance Certificate is: A Work Order Letter confirms whether any violations cited by the Board are unresolved on a property. To apply for a Work Order Letter, applicants must provide our office with a request in writing including property location (Municipality + property tax roll number) and standard contact information (name, mailing address, phone number). The cost for a Work Order Letter is: $125.00 + GST = $131.25 Business Licences may be required by a Municipality in order to conduct a business on a property. Our office will provide confirmation as to whether that business is permitted, conditional, or not permitted, according to the respective Zoning By-Law. Business licences are issued by the applicable municipality. This requires a letter to be submitted to the Rural Municipality from the interested party, detailing the nature of the business and the location, including the Tax Roll Number, Civic Address and Municipality. This letter should include business name, function, hours of operation, number of employees, customer traffic, storage requirements, and other relevant information. A Conditional Use concerns a use that is only permitted, if approved, on a property; a Zoning Variation concerns a structure, that can only be built, if approved, on a property. These are two separate applications and cannot be combined. Typically these approvals are made by Municipal Council and are determined on a case-by-case basis. Within a Zoning By-law, there are "uses" listed, according to the zoning of the property. These uses can either be permitted, conditional, or not permitted. Generally, every use on a property is NOT permitted, unless provided for in the Zoning By-law. A permitted use means every single property with the same zoning can have that use on their property. A Conditional Use is a use that may be appropriate in a given zoning area, but not on every single property. Council must provide permission for that use to be allowed. Council may place condition(s) on its approval. Uses that are NOT permitted are simply NOT permitted. A property owner cannot approach Council to have this use approved IN THEIR ZONE. They CAN approach Council to have their ZONING CHANGED. This is a separate process from a Conditional Use. A conditional use is a use listed in the zoning by-law which requires specific approval of the Municipal Council before it can be established. - For our office to process a conditional use application, we will require the following information from the applicant:
- An application form (click to download and complete only the sections marked with an "X");
- A detailed Letter of Intent, as described, below;
- A site plan indicating where the uses will occur on the property; and,
- A cheque for $425.00 + GST, made payable to the Selkirk and District Planning Area Board, non-refundable.
- The Letter of Intent, typically, will provide the following information for the Municipal Council:
- The applicant's name and current contact information;
- The owner's name and current contact information, if different;
- The use being applied for;
- Why the use is being requested; and,
- The nature of the use as it will be conducted on the property, including any required materials, employees, hours of operation, and other similar information to conduct the use.
Generally, the Municipal Council holds conditional use hearings monthly to provide an open and fair forum where all sides in each case can be heard. Council hears all arguments in favor and against the conditional use application before ruling on the applicant’s proposal. Within the City of Selkirk only, a poster will be provided to the owner/applicant and is to be placed on the lands being affected by the conditional use. The poster must be placed on the property and be easily visible from road allowances. The Planning Board will confirm placements of the poster in accordance with The Planning Act. Failing to place the posters and maintaining them for a period of 14 days prior to meeting date may result in council deferring the conditional use. In St. Andrews, St. Clements & West St. Paul, notices are mailed out to landowners within 100 meters of the said property. The applicant and any affected land owner(s) will have the opportunity to make representation to Council on the date specified in the notice. Individuals will hear if their application has been approved or rejected following the municipal Council’s review of all pertinent information including the Selkirk & District Planning Area Board’s report. Our office will receive confirmation of the determination of the conditional use, generally within one week after the meeting. Once this confirmation is received, our office can process other permits that may be pending on this approval. Council’s decision is final and there is no appeal. A business licence may be required for a use to be conducted on a property. If the use is permitted by the Zoning By-law, the applicant may approach the respective Municipal office to request the Business Licence. If the use is conditional, a Conditional Use application must be approved by Council. As mentioned, above, this application is process through our office. If approved, the applicant can approach the Municipal office to request the business licence. Applications must be acted on within twelve (12) months of Council's approval. If an extension is required, an application must be made to our office prior to the expiry of the original approval. This extension will last twelve (12) months from the date of application. The cost for the extension is $100 + GST. To download application form, please click HERE. (Please only fill in sections marked with a "X") If an amendment is required to a Conditional Use, application must be made. Typically, the application must be processed in a similar manner as the original application. Each Municipal Council holds a meeting ONCE per month. Our office requires a MINIMUM of three weeks, prior to the respective Council meeting, for your application to make that month's Council meeting. The reason for this deadline is due, in part, to the requirements of each Zoning By-Law. Typically, every application must be circulated with a minimum of two-week's notice, prior to the meeting. Our office will require one week to prepare your application for circulation. Therefore, a minimum of three weeks is required! There are NO exceptions to this requirement. To inquire when the next Council meeting is, please contact our office. To print out this pamphlet, please set your printer to print on legal size paper (8.5"x14"), landscape format, double sided on the short-end, no fitting. To fold the pamphlet properly, please use the greyed label edges as a guideline and fold the paper in an accordian format. For a pre-folded hardcopy, please visit our office at 200 Eaton Avenue. Click Here
A Zoning Variation concerns a development, that can only be built, if approved, on a property; a Conditional Use concerns a use that is only permitted, if approved, on a property. These are two separate applications and cannot be combined. Typically these approvals are made by Municipal Council and are determined on a case-by-case basis. Within a Zoning By-law, there are "Bulk Table" regulations listed, according to the zoning of your property. These regulations provide minimum, or, in some cases, maximum, requirements for building placement and size. These include, but may not be limited to, setbacks from property lines, height, and size. In some circumstances, the quantity of structures allowed is also determined by the Bulk Table regulations and/or the General Provisions. If a property owner wants to exceed these minimum or maximum requirements, approval must be granted through a zoning variation. A zoning variance modifies the zoning by-law as it applies to a specific property. Typically, Council must provide permission for that zoning variance to be allowed. Council may place any condition(s) subject to their approval. - For our office to process your zoning variance application, we will require the following information from the applicant:
- An application form (click to download and complete only the sections marked with a "X");
- A detailed Letter of Intent, as described, below;
- A site plan indicating where the uses will occur on the property; and,
- A cheque for $425.00 + GST, made payable to the Selkirk and District Planning Area Board, non-refundable.
- The Letter of Intent, typically, will provide the following information for the Municipal Council:
- The applicant's name and current contact information;
- The owner's name and current contact information, if different;
- The variance being applied for;
- Why the variance is being requested; and,
- The nature of the use for the structure requiring the variance, as it will be conducted on the property, including any required materials, employees, hours of operation, and other similar information, if applicable.
Generally, the Municipal Council holds zoning variation hearings monthly to provide an open and fair forum where all sides in each case can be heard. Council hears all arguments in favor and against the zoning variance application before ruling on the applicant’s proposal. Within the City of Selkirk, only, a poster will be provided to the owner/applicant and is to be placed on the lands being affected by the zoning variance. The poster must be placed on the property and be easily visible from road allowances. The Planning Board will confirm placements of the poster in accordance with The Planning Act. Failing to place the posters and maintaining them for a period of 14 days prior to meeting date may result in council deferring the zoning variance. In St. Andrews, St. Clements & West St. Paul, notices are mailed out to landowners within 100 meters of the said property. The applicant and any affected land owner(s) will have the opportunity to make representation to Council on the date specified in the notice. Individuals will hear if their application has been approved or rejected following the municipal Council’s review of all pertinent information including the Selkirk & District Planning Area Board’s report. Our office will receive confirmation of the determination of the zoning variance, generally within one week after the meeting. Once this confirmation is received, our office can process other permits that may be pending on this approval. Council’s decision is final and there is no appeal. When the request for zoning variance is within 10% of the requirement, an in-house variance may be granted. This type of variance does not require hearing at Council, and can be approved within our office, as per the provisions of the appropriate Zoning By-law. Applications must be acted on within twelve (12) months of Council's approval. If an extension is required, an application must be made to our office prior to the expiry of the original approval. This extension will last twelve (12) months from the date of application. To download the application form, please click here. (Please only fill in the sections marked with a "X") If an amendment is required to a Zoning Variance, application must be made. Typically, the application must be processed in a similar manner as the original application. Each Municipal Council holds a meeting ONCE per month. Our office requires a MINIMUM of three weeks, prior to the respective Council meeting, for your application to make that month's Council meeting. The reason for this deadline is due to requirements of The Planning Act. Typically, every application must be circulated with a minimum of two-week's notice, prior to the meeting. Our office will require one week to prepare your application for circulation. Therefore, a minimum of three weeks is required! There are NO exceptions to this requirement. To inquire when the next Council meeting is, please contact our office. To print out this pamphlet, please set your printer to print on legal size paper (8.5"x14"), landscape format, double sided on the short-end, no fitting. To fold the pamphlet properly, please use the greyed label edges as a guideline and fold the paper in an accordian format. For a pre-folded hardcopy, please visit our office at 200 Eaton Avenue. Click Here
This section is currently under construction. Please check back shortly for updates or contact our office for further information. To download our pamphlet for print-out, please CLICK HERE. Please note, this pamphlet is printed double-sided, on the short-edge on 8.5x14" legal-sized paper (landscape), and folded accordian-style. Often residents inquire on construction or development being done in their area to ensure that the proper permits have been issued and/or that construction is being done in accordance with the by-laws and regulations. This section is designed to let people know what information will be required in order for our office to investigate any possible violations and/or provide any information on the property in question. In order to find the property in question, our office will require both the Rural Municipality in which the property is located and a ROLL NUMBER of the property, if known. If you do not know the ROLL NUMBER, we may be able to find the property with the following information: - A civic address
- The owner's name
- A legal description
- A title number
If this information is not available, we may not be able to locate the property in question. While our office wishes to follow up on every concern, if we cannot be certain of the property location, we cannot send our development officers out to perform a site inspection. We encourage concerned residents to seek out the correct property location to aid our office. To fill out our complaint form, we need the following information: - Name, address and phone number of person submitting complaint (Note, this information is required and kept confidential);
- The property location where the activity of concern is occuring; and,
- The Nature of the Complaint
Individuals may submit their concern in writing or by phone. NOTE: please DO NOT send your concern by e-mail through this website, as this site is NOT secure for this purpose. In the future we may have a secure site to send your concerns, but it is not available at this time. If there are photographs of the action of concern, these images should be provided to our office to aid in enforcement action. Our office is authorized to enforce the zoning and building by-laws of the respective municipalities our office serves. Some aspects of enforcement are not within our jurisdiction and the concerned resident may be referred to another agency. Some examples may be: - Failing septic field - Regulated by Manitoba Conservation
- Unleashed/unlicensed dog - Local pound/Municipal Office
- Unlicensed business - Municipal Office (Note: Whether or not the type of business is a "permitted use" in the area is regulated by our office!)
- Fence or trees encroaching onto another property - Civil matter (Note: fence height is regulated by our office. Placement can be up to the edge of the property line. If there is a dispute over property lines, this is a civil matter not regulated by our office.)
- Loud noises - Municipal Office
If you are uncertain of who to call with a concern, please do not hesitate to contact our office. Often we will direct you to the correct office, or in some circumstances we will work in conjunction with other offices to help resolve an issue or concern.
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