When sufficient objections to a zoning by-law are received at a hearing held by a board or council under subsection 74(1), the objections must be dealt with in accordance with this section. (f) in the case of a hearing to consider a matter affecting a specific property, identify the location of that property. A delegation under subsection (1) may be subject to terms and conditions set out in the regulation. Use of existing building during construction. (« district d'aménagement du territoire »). A person with an interest in a building, a parcel of land or an operation involving a use of land that does not comply with a zoning by-law may apply to the planning district or municipality for a certificate confirming that the building, parcel, use of land, or intensity of use was lawfully in existence before the enactment of the zoning by-law. (m) “Common Interests.” Regulations may authorize different process for minor matters. The board of a planning district or the council of a municipality may, by by-law, assign responsibility for holding a hearing to consider any of the following matters to its planning commission: (a) the adoption of a zoning by-law or secondary plan by-law under subsection 74(1); (b) subdivision applications under subsection 125(2); (c) a by-law to close public reserve land under subsection 139(2); (d) the declaration of an obsolete plan of subdivision under subsection 144(3). The order of a planning commission on an application for a variance may be appealed in accordance with sections 34 and 35 (appeal of decision by commission). Show previous versions (ii) the board or council that referred the objection, (iii) every person who made a representation at the hearing held under subsection 74(1), and, Subject to subsection (10), within 30 days after holding the hearing, the Municipal Board or the board of the planning district must make an order, (a) confirming or refusing to confirm any part of the by-law that was the subject of the objection; or. (c) entirely of persons who are not members of the board or council. Despite subsection (2), a copy of a notice of hearing on an application to approve a conditional use respecting an aggregate quarry, as defined in section 118.1, must be sent to the minister at least 60 days before the matter is heard, as provided for under section 105. (« politique en matière d'exploitation de bétail »), "minister", except in Part 10 (Northern Manitoba), means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« carrière d'agrégat »), "large-scale livestock operation" means a livestock operation that is subject to Division 2. The minister must amend the regulation establishing planning districts to reflect a decision made under subsection (1). (a) the name and boundaries of the planning district; and. (a) set out the plans and policies of the planning district or municipality respecting its purposes and its physical, social, environmental and economic objectives; (b) through maps and statements of objectives, direct sustainable land use and development in the planning district or municipality; (c) set out measures for implementing the plan; and. If a development application would require a board, council or planning commission, or the Municipal Board, to hold multiple hearings because the application requires, (a) amendments to more than one by-law; or. (a) increasing the membership of the Inland Port Special Planning Authority from six to up to nine members; (b) respecting the person or entity that each additional member is to represent and the manner in which an additional member is to be nominated for appointment by the Lieutenant Governor in Council. To be sufficient for the purposes of sections 74 to 79 (adoption of a zoning by-law), objections must be received from at least 25 eligible persons. At the hearing, the board, council or planning commission must receive representations from any person on the application. If notice of a hearing is required to be posted on an affected property under this Act, the notice must be. A person designated under subsection (1) may be an employee of the government or — with the consent of a planning district or municipality — an employee or officer of the planning district or municipality. The board or council of every planning district or municipality in the region must hold one or more public meetings to obtain public input on the proposed strategy. Provincial land use policies may contain a series of goals and policies that deal with. Manitoba Regulation 137/2006 requires that a subdivision application map (SAM) prepared by a Manitoba land surveyor accompanies all subdivision applications. 2020, c. 23, s. 5. Note: Earlier consolidated versions are not available online. PART I — INTERPRETATION Section 1 Planning Act Subdivision and Development Regulations Page Current to: 6 March 31, 2020 t c (i.2) “frontage” means the width of a lot or a parcel of land where it abuts a street or a road; (i.3) “garden suite” means a single-unit dwelling that is placed on a lot on a temporary basis and that (i) has a width no greater than 24 feet (7.31 metres), (c) any other matter the Lieutenant Governor in Council considers advisable. The following definitions apply in this Part. An approval under subsection (1) is final, and may not be reversed, despite The Municipal Act. (« municipalité »), "Northern Manitoba" means Northern Manitoba as defined in The Northern Affairs Act. The minister may designate a person for the purpose of enforcing, (a) by-laws adopted under this Part respecting a special planning area; and. It was originally incorporated as a village on January 2, 1906. A person designated under this section has the same powers and responsibilities in relation to the special planning area as a designated employee or officer has under Part 12 in relation to a planning district or municipality. If the board or council passes a resolution not to proceed with the by-law, it must send a copy of the resolution to the minister and every person who made a representation at the hearing held under subsection (1). Hide previous versions. The district registrar may require an affidavit or statutory declaration by a party to an instrument alleging facts to establish that clause (2)(a) applies to a subdivision. The approving authority must send a copy of the revocation to the applicant and the municipality. Adoption in other areas of Northern Manitoba. A majority of the members of the board or council constitutes a quorum for hearing the appeal, but if one or more members are disqualified from hearing the appeal under subsection (3), quorum is not lost as long as at least two members hear the appeal. A planning scheme adopted by a council is in effect only until the council adopts a zoning by-law under this Act. (b) section 117, in respect of an application concerning a large-scale livestock operation. 3�.�Q�� � H�' 2018, c. 14, s. 27. Right to appeal — when council is approving authority. (a) publishing notice of the hearing in a newspaper with a general circulation in the applicable planning district or municipality on two occasions at least six days apart, during the period beginning 40 days before the hearing and ending seven days before the hearing; or. (b) a change of land use to a use that is substantially similar to a use permitted under the zoning by-law being modified by the variance. "applicant" means a person who applies for subdivision approval under section 124. (b) money paid to a municipality under subsection 136(1) in place of a dedication. Before deciding whether to approve the development plan by-law, the minister may refer an objection to the by-law filed under clause 48(c) or a specific question or issue about the by-law to the Municipal Board. The designated employee or officer may enter the land or building in question only with the consent of the occupier or under authority of a warrant issued under section 177. Only the following conditions may be imposed on the approval of an application under this Division, and any condition must be relevant and reasonable: (b) measures to implement recommendations made by the Technical Review Committee; (c) one or both of the following measures intended to reduce odours from the livestock operation: (d) requiring the owner of the affected property to enter into a development agreement under clause 107(1)(c). "advertise" means to advertise by any means and includes making oral representations. and the instrument or plan is accompanied, at registration, by a statutory declaration of an officer of the municipality that the land was acquired for one of those purposes; (e) the land was part of a government road allowance, public road or public reserve that has been closed by by-law and is being consolidated with adjacent existing titles; (f) the land is part of a railroad right-of-way and is being consolidated with adjacent existing titles. 2018, c. 14, s. 4. A certificate of approval is valid for 12 months after it is issued, but may, within that 12-month period, be extended by the approving authority for one additional period of not more than 12 months. Using the Provincial Planning Regulation as a framework, these local authorities prepare development plans to chart future land use and development activity for their communities. A council may, by by-law, set the levies to be paid by applicants to compensate the municipality for the capital costs specified in the by-law that may be incurred by the subdivision of land. The representatives referred to in clauses (1)(a) to (d) are to be recommended to the Lieutenant Governor in Council by the minister. Upon receiving the application and the planning report, the council must consider the application and decide, by resolution. Power to prohibit includes power to permit. (a) the value of the land must be determined on the basis of what might be expected to be realized if the unsubdivided land was sold in the open market immediately before the conditional approval; and. (a) subject to subsection (2), hold the hearing at the date, time and place set out in the notice of hearing; (b) hear any person who wishes to make a representation on the matter to be considered at the hearing; and. The mandate of a special planning authority is, in respect of its special planning area. Large operations with no development plan, When an application for a livestock operation involving 300 or more animal units is received by a planning district or municipality that has a planning scheme but no development plan by-law, the application may be approved only if, (b) approval of the proposed operation is generally consistent with provincial land use policies and consistent with the planning scheme; and. The board of a planning district must prepare and submit to each member municipality an annual report of its activities and an operating budget for the next year, on or before a date agreed on by the member municipalities. The minister may, by regulation, delegate his or her authority as a council under section 155 to the community council for a community to do one or more of the following: (a) adopt a development plan by-law and zoning by-law for the community; (b) administer and enforce the development plan by-law and zoning by-law, including making variance orders and approving conditional uses; Delegation subject to terms and conditions. (ii) the conduct of meetings and hearings, including rules of procedure, The board of a planning district must adopt a by-law providing for, (a) the payment to directors of remuneration as specified in the by-law; and. When an application for a livestock operation involving 300 or more animal units is received by a planning district or municipality that has a development plan by-law but no zoning by-law, the application may be approved only if the proposed operation. S.M. Despite sections 76 and 77, an objection to a zoning by-law received from any of the following must be referred to the Municipal Board and dealt with in accordance with the procedure set out in subsections 77(6) to (11): When an objection is referred to the Municipal Board under subsection (1), any other objection to the by-law must also be referred to the Municipal Board. In Manitoba, planning districts and municipalities are the local planning authorities responsible for the development of land and resources in their designated planning areas. An amendment to a development plan by-law may be initiated. (b) are generally consistent with the livestock operation policy of the planning district or municipality. (c) the use of the land and any existing or proposed building. After holding the hearing, the board or council may. A notice of appeal must include the following information: (a) the legal description of the land that is subject to the application and the name of the municipality in which the land is located; (b) the name and address of the appellant; (c) if the decision being appealed relates to conditions imposed in a conditional approval, a description of the conditions being appealed. A decision of a special planning authority on an appeal of a variance or a conditional use is final and not subject to further appeal. (c) sent by e-mail or other method of electronic communication to the person, but only if the person has agreed in writing that the notice or document may be sent to the person by e-mail or other method of electronic communication. 2015, c. 26, s. 6; S.M. Subsection (1) applies to a building if, on the date the zoning by-law is enacted, (a) the building is lawfully under construction; or. Where the minister is the approving authority the fee to apply for a subdivision is $475. A special planning authority must make its rules publicly available. At the request of the board of a planning district, the minister may authorize the board to act as the approving authority for the area under its jurisdiction, subject to any conditions the minister considers appropriate. After holding the hearing, the board, council or planning commission must make an order, (b) varying the application of specific provisions of the zoning by-law with regard to the affected property in the manner specified in the order if the variance. A council's decision to reject an application for a minor subdivision is deemed to be a decision of the approving authority under clause 126(1)(a), and no appeal lies from such a decision. (« employé ou dirigeant désigné »). This table lists the regulations in force on December 14, 2020 (unless otherwise noted).. Show general information about consolidated regulations … A requirement under subsection (5) may be imposed only if a definition of "affordable housing", or the manner for determining if housing is affordable housing, is prescribed in the by-law. When preparing a development plan or amending or re-enacting a development plan by-law, the following bodies must also prepare drinking water and wastewater management plans and submit them to the minister: (a) the board of a planning district that includes, within its boundaries, a municipality in the capital region; (b) the council of a municipality in the capital region, if the municipality is not a member of a planning district; (c) a board or council that is required to do so by the minister under subsection (2). Subsection (4) does not apply if the council is the approving authority. As a result, there is pressure to utilize this heritage from a diversity of interests (e.g. (b) if all other requirements of the by-law such as yards, building height, and floor area are met, construct or alter a building on the land. (« exploitation de bétail à grande échelle »). (« promoteur »). (a) direct the person to stop doing something, or to change the way in which the person is doing it; (b) direct the person to take any action or measure necessary to remedy the contravention and, if necessary, to prevent a recurrence of the contravention; (c) state a time within which the person must comply with the order; and. A planning district or municipality that has adopted a regional strategy must, (a) when adopting a development plan by-law, or re-enacting, amending or replacing its development plan by-law after conducting a review of its development plan under section 59, ensure that the development plan by-law generally conforms with the regional strategy; and. The Technical Review Committee must prepare a report setting out its findings and recommendations respecting the application and give the report to the board, council or planning commission. 2005, c. 30, s. 217; S.M. A zoning by-law adopted under the former Act that provides that livestock operations involving 300 or more animal units are a permitted use is deemed to be amended to provide that such operations are a conditional use. This responsibility has been delegated to the Department of Municipal Relations, Community and Regional Planning offices and to certain Planning District Boards. For the purpose of subclauses 2(a)(i), (ii), (iii) and (vi), a parcel of land is deemed to include land for a public road, road allowance, drain or right-of-way excepted from the land described in the certificate of title covering the parcel. No developer shall advertise that a school building is to be built or may be built on a parcel of land that is outside the City of Winnipeg. (b) subsections 88(3) and (4) (arbitration if no agreement) apply, with necessary changes. In this Act, a reference to "this Act" includes the regulations made under this Act. The minister may appoint a committee, to be known as the Technical Review Committee, for each region of the province. The board of a planning district must adopt by-laws, not inconsistent with this Act, that deal with, (a) the organization of the board, including. If the minister is reviewing a development plan by-law or an amendment to a development plan by-law at the same time as an objection to a zoning by-law for the same area is being considered under this section, the Municipal Board or the board of a planning district may delay making an order until the minister has made his or her decision. (b) provide the minister with a report setting out the reasons for the application and the results of the hearing held under clause (a). (b) directing the board or council to alter the by-law in the manner it specifies to address any representations on the objection made at the hearing. The minister may give the board or council written authorization to amend the development plan by-law without giving public notice, holding a hearing or submitting the amendment to the minister for approval, subject to any conditions set out in the authorization, if the minister is satisfied that, (a) the proposed amendment is a minor one that does not change the intent of the development plan; or. As soon as practicable after giving third reading to the development plan by-law, the board or council must, (b) give the minister a copy of the development plan by-law in the form directed by the minister; and, (c) send a notice stating that the by-law has been adopted to, (i) every person who made a representation at the hearing held under subsection 46(1), and. (c) on providing a receipt, remove a record, document or other item related to the inspection. (ii) is not on a street, lane or public thoroughfare; (b) the required access to public thoroughfares from building exits and to public streets from a parcel of land through use of neighbouring parcels of land. A decision to approve an application for a minor subdivision is deemed to be a decision of the approving authority to give conditional approval to the minor subdivision under clause 126(2)(b). Before requiring an alteration to the by-law or imposing a condition when making an approval under clause (1)(b), the minister may consult with the applicable board or council. Upon receiving the application, the Municipal Board must hold a public hearing to receive representations on the application, including its financial and service delivery implications, after giving notice of the hearing in accordance with section 168. The Manitoba government has backed down from its plans to eliminate sewage ejectors. (« règlement portant sur un plan de mise en valeur »), "inland port area" means the inland port area as described in the Schedule to The CentrePort Canada Act. The council of a municipality that is not part of a planning district must prepare a development plan for the municipality. (a) respecting the form and content of applications to establish, dissolve, alter or amalgamate planning districts; (b) respecting the extent to which The Corporations Act applies to planning districts. Sections 103, 104, 109 and 110 and subsection 106(4) apply to an application that is subject to this Division. (b) the council of a member municipality, in the case of a district-wide zoning by-law. APPEALS CONCERNING AGGREGATE QUARRIES AND LARGE-SCALE LIVESTOCK OPERATIONS. If requested, the minister may provide advice and technical planning assistance to a planning district or municipality on such terms or conditions as he or she considers advisable. A development plan by-law and a zoning by-law for any part of Northern Manitoba that is not in an incorporated community or a community must be adopted by the minister. In this Part, "minister" means the minister appointed by the Lieutenant Governor in Council to administer The Northern Affairs Act. A decision to reject an application for a minor subdivision may be made only by a resolution of council, and no designated employee or officer may be authorized to make such a decision. If the size or dimensions of an existing parcel of land do not conform with a zoning by-law, the owner of the land may, (a) use the land for any use permitted under the by-law; and. A planning district established under the former Act is continued under this Act. Development agreements for affordable housing, A development agreement that deals with the matters described in clause 150(c.1) may contain terms and conditions respecting, (a) the provision of affordable housing, including the number, type and extent of the dwelling units; and. (c) every person who made a representation at the hearing held under section 115. (b) the board or council determines that the cost of repairing or rebuilding the building is more than 50% of the cost of constructing an equivalent new building, or such greater percentage as may be specified in the zoning by-law; the building must not be repaired or rebuilt except in conformity with the zoning by-law and any variance approved under this Part. 366 0 obj <>stream Subject to section 123 (restrictions on approval), the Municipal Board must make an order, (a) rejecting the proposed subdivision; or. After holding a hearing on a matter set out in clause (1)(a), the special planning authority must provide the minister with a report on the hearing that includes the minutes of the hearing, the record of all representations made at the hearing and its recommendations on the matter considered at the hearing. (a) the legal description of the land proposed to be subdivided and the name of the municipality in which that land is located; (b) the name and address of the applicant; (c) the name and address of the appellant; (d) if the decision being appealed relates to conditions imposed in a conditional approval, a description of the conditions being appealed. (d) such other matters as the board or council considers necessary or advisable. An application for a development permit must be made, (a) to the board of the planning district in which the proposed development is located; or. (iii) is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law. The Municipal Board must make its order within 30 days after the hearing is concluded and must send a copy of the order to the appellant, the board, council or planning commission and any other party to the appeal. In subsection (1), "authorized change", in relation to an existing farm building, means the replacement, or an alteration or expansion, of the building that does not result in an increase in the original number of animal units capable of being handled by the livestock operation by more than 15%. (b) the proposed development does not generally conform with the development plan by-law, zoning by-law, or secondary plan by-law, as adopted or amended. (c) to all adjacent planning districts and municipalities; (d) when the hearing is held by the council of a municipality that is part of a planning district, to that planning district and all other municipalities in the district; and. Shoal Lake is a locality in the southwest of Manitoba, Canada.Originally incorporated as a town, Shoal Lake amalgamated with the Rural Municipality of Shoal Lake on January 1, 2011 to form the Municipality of Shoal Lake, which became the Rural Municipality of Yellowhead on January 1, 2015. (« zone intermodale »), "land" means land, messuages, tenements and hereditaments, whether corporeal and incorporeal, of every kind and description, whatever the estate or interest therein, whether legal or equitable, and all trees and timber thereon, and all mines, minerals, and quarries, unless specially excepted. If there is a tie vote on a matter before the authority, the chair may cast a second deciding vote. (« usage conditionnel »). (b) after the expiry of the time specified in subsection 126(5), if the approving authority has failed to make a decision. A development plan by-law and a zoning by-law for an incorporated community must be adopted by the incorporated community's council. A secondary plan by-law must be consistent with the development plan by-law. [Not proclaimed, but repealed by S.M. (b) a compensation by-law under subsection 21(2). Provincial land use policies apply to the City of Winnipeg. Authority is to act in accordance with regulations. (b) by the owner of the affected property, or a person authorized in writing by the owner, through an application made to the board or council. If land that was located in one municipality or planning district becomes part of another municipality or planning district because of an annexation or other alteration of municipal boundaries, (a) the development plan by-law, zoning by-law and any secondary plan by-law that applied to that land when it was part of the first municipality or planning district continues to apply to that land; and. The minister may give the board or council written authorization to amend the zoning by-law without giving public notice or holding a hearing, subject to any conditions set out in the authorization, if the minister is satisfied that, (a) the proposed amendment is a minor one that does not change the intent of the by-law; or. 2020, c. 23, s. 6. Review and approval of minor subdivisions, In respect of an application for a minor subdivision sent to the council under subsection 124(3) or (5), a council may, (a) consider the application and decide, by resolution, to approve or reject it; or. (« autorité compétente »), "minor subdivision" means a subdivision that results in a single new parcel of land or a subdivision of one or more parcels of land where each parcel being transferred is to be consolidated with an adjacent parcel covered by another title so that no additional title results, provided. Services corporation Act hearing, a plan in the development plan by-law, with any necessary changes municipality, whole. Every person is guilty of an offence who contravenes of this Division, the of... 144 ( a ) the name of the district for capital expenditures following provisions of the planning ''! Subsection 136 ( 1 ) apply to an application under this Act, R.S.M in... Representation at the Municipal board hearing, the approving authority a recommendation to the amendment or by-law by. Considers necessary ) do not apply when the council of the notice of his her... Copy of the development plan by-law may be referred to in subsection 1 ( 1 ) generally... 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