Zoning By-Law

Municipality of WestLake – Gladstone, Manitoba

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Municipality of WestLake-Gladstone ZONING BY-LAW By-law No. 2020-02 May 18, 2022 HOW TO USE THIS ZONING BY-LAW This zoning by-law regulates the use, size, height, and location of buildings on properties within the Municipality of WestLake-Gladstone. There is a simple four-step process to determine the uses and structures that are permitted on a specific piece of property. Step One What zone is your property located in?  Use the Zoning Map in Schedule A to determine the zoning for your property.  Reference Part 3: Zones for a description of the intent of that particular zone.  Look in the Development Plan and any Secondary Plan that applies to your property to confirm your proposal fits with the applicable policies in those documents. Step Two What uses are permitted in your zone?  Find the column with the zone of your property in the Use Tables in Part 3:Zones  Uses marked with the letter 'P' are Permitted Uses and may be developed once you have received a Development Permit.  Uses marked with the letter 'C' are Conditional Uses that may or may not be acceptable in a zone depending on the particular circumstances of a proposed development. Conditional uses require a public hearing process and may have extra conditions imposed on the use to make it acceptable for the location.  Uses marked with a '*' have use-specific requirements that are provided in Part 4: Use- Specific Standards. Step Three How and where can you develop properties in your zone?  Find the column with the zone of your property in the Bulk Tables in Part 3: Zones  The Bulk Table provides information on allowable height of buildings and structures, required yards, and other spatial requirements for a property.  To understand the specific details of these requirements, you may need to reference the General Rules and Regulations Part 2 and the Definitions Part 6. Step Four What kind of permits do you need?  In most cases, you will need a Development Permit before you start any change in land use or any development (including construction of a building) on a property.  Check the Administration section Part 5 to see if your planned development is exempt from needing a Development Permit. If so, you may proceed with development, as long as it meets the other requirements in this zoning by-law and other applicable by-laws.  If you need a Development Permit, fill out a Development Permit Application.  You are responsible for finding out any other Provincial or Federal regulations applying to your development, as well as any other required local permits, including Building Permits, Plumbing Permits, Electrical Permits, Demolition Permits, etc.. WESTLAKE-GLADSTONE ZONING BY-LAW 2 Table of Contents PART 1: Applicability and Scope .......................................................................... 5 1.1 Title ................................................................................................................ 5 1.2 Scope ............................................................................................................. 5 1.3 Application ...................................................................................................... 5 1.4 Use and Development of Land and Buildings Must Comply .................................. 5 1.5 Restrictions in Other By-Laws or Federal and Provincial Laws .............................. 5 1.6 Does Not Promote Nuisance ............................................................................. 5 PART 2: General Regulations .............................................................................. 6 2.1 Regulation of Uses ........................................................................................... 6 2.2 Multiple Uses or Provisions ............................................................................... 6 2.3 Secondary Uses and Structures ......................................................................... 6 2.4 Accessory Buildings and Structures ................................................................... 6 2.5 Required Yards ................................................................................................ 7 2.6 Temporary Buildings, Structures, or Uses .......................................................... 7 2.7 Measuring Fence Height ................................................................................... 7 2.8 Fences - Projections into Required Yards ........................................................... 7 2.9 Fences - Prohibited Materials ............................................................................ 7 2.10 Maximum Fence Height ................................................................................ 7 2.11 Maintaining Grades for Drainage .................................................................... 8 2.12 Lot Grading .................................................................................................. 8 2.13 Outdoor Lighting .......................................................................................... 8 2.14 Signage Regulations ..................................................................................... 8 2.15 Signs Not Requiring a Development Permit .................................................. 13 2.16 Private Communications Facilities ................................................................ 14 2.17 Standards for Shipping Containers ............................................................... 14 2.18 Standards for Portable Garages ................................................................... 14 2.19 Standards for Swimming Pools and Hot Tubs ................................................ 15 2.20 Hazard Lands ............................................................................................. 15 2.21 Flood Risk Areas ......................................................................................... 15 2.22 Riparian and Wetland Areas ......................................................................... 15 2.23 Exceptions to Riparian Setbacks .................................................................. 15 2.24 Protection of Water and Wetlands ............................................................... 16 2.25 Development Setbacks from Highway Intersections ...................................... 16 2.26 Development Setbacks from Railways .......................................................... 16 2.27 Minimum Parking ....................................................................................... 16 2.28 Parking Requirements Based on Floor Area ................................................... 17 2.29 Parking Stall and Aisle Specifications ........................................................... 17 2.30 Barrier-Free Parking Spaces ......................................................................... 18 2.31 Location .................................................................................................... 18 2.32 Surface and Maintenance ............................................................................ 18 2.33 Landscaping and Buffering .......................................................................... 19 2.34 Road Access ............................................................................................... 19 2.35 Service Connections .................................................................................... 19 2.36 Public Utilities ............................................................................................ 19 PART 3: Zones .................................................................................................. 20 WESTLAKE-GLADSTONE ZONING BY-LAW 3 3.1 Establishing Zones ......................................................................................... 20 3.2 Zoning Boundaries ......................................................................................... 20 3.3 Permitted and Conditional Uses ...................................................................... 20 3.4 Bulk Regulations ............................................................................................ 20 AG - Agriculture General ................................................................................................... 21 AL - Agriculture Limited .................................................................................................... 23 OS - Open Space ............................................................................................................... 25 RR - Rural Residential ........................................................................................................ 26 GD - General Development ............................................................................................... 28 CC - Commercial Central Mixed Use .................................................................................. 30 HC - Highway Corridor ...................................................................................................... 32 I - Institutional ................................................................................................................... 34 M - Manufacturing / Industrial ........................................................................................... 35 PR - Parks and Recreation ................................................................................................. 37 RS - Residential ................................................................................................................. 38 PART 4: Use-Specific Standards ......................................................................... 45 4.1 Standards for Age-Restricted Retail ................................................................ 45 4.2 Separation Distances for Anhydrous Ammonia Storage Facilities ....................... 45 4.3 Standards for Animal Keeping ......................................................................... 45 4.4 Standards for Apiaries .................................................................................... 45 4.5 Standards for Bed and Breakfasts .................................................................... 46 4.6 Standards for Campgrounds or RV Parks .......................................................... 46 4.7 Separation Distances for Dangerous Goods or Agricultural Storage Facilities ...... 46 4.8 Standards for Cottage Dwellings ..................................................................... 46 4.9 Standards for Multi-Unit Dwellings .................................................................. 47 4.10 Standards for Single-Unit Dwellings ............................................................. 47 4.11 Standards for Two-Unit Dwellings ................................................................ 47 4.12 Standards for Ecotourism Structures ............................................................ 47 4.13 Standards for Home-Based Businesses ......................................................... 47 4.14 Standards for Home Industries ..................................................................... 48 4.15 Standards for Livestock Operations .............................................................. 48 4.16 Additional Standards for Large Livestock Operations ..................................... 49 4.17 Standards for Mobile Homes ........................................................................ 50 4.18 Standards for Mobile Home Parks ................................................................ 51 4.19 Standards for Mixed-Use Buildings ............................................................... 51 4.20 Standards for Mining and Extraction Operations ........................................... 51 4.21 Standards for Secondary Suites ................................................................... 52 4.22 Standards for Sewage Treatment Sites (Lagoons) ......................................... 52 4.23 Standards for Waste Disposal Sites .............................................................. 52 4.24 Standards for Solar Collectors ...................................................................... 52 4.25 Standards for Wind Energy Generating System Tower (Commercial) ............... 53 4.26 Standards for Wind Energy Generating Systems (On-Site / Rooftop) ............... 53 PART 5: Administration ..................................................................................... 54 5.1 Administration and Enforcement .................................................................... 54 5.2 Conflicting By-Law Provisions ......................................................................... 54 5.3 When Development Permits are Required ........................................................ 54 5.4 Development Permits and Other Permits ......................................................... 54 WESTLAKE-GLADSTONE ZONING BY-LAW 4 5.5 When Development Permits are Not Required ................................................. 54 5.6 Applications for Development Permits ............................................................. 55 5.7 The Development Officer ................................................................................ 55 5.8 Roles of the Development Officer .................................................................... 55 5.9 Application for Amendments, Variances, and Conditional Uses ......................... 55 PART 6: Definitions........................................................................................... 57 6.1 Definitions in the Planning Act ........................................................................ 57 6.2 Definitions in this By-Law ............................................................................... 57 SCHEDULE A: ZONING MAPS ........................................................................... 64 WESTLAKE-GLADSTONE ZONING BY-LAW 5 PART 1: Applicability and Scope 1.1 Title This by-law shall be known as the Municipality of WestLake-Gladstone Zoning By-Law. 1.2 Scope This by-law applies to all lands in the Municipality of WestLake-Gladstone as indicated on Map 1 of Schedule A of this by-law. 1.3 Application This by-law regulates: a) The construction, erection, alteration, enlargement or placing of buildings and structures; b) The establishment, alteration, or enlargement of uses of land, buildings and structures; and c) All other forms of development not included above. 1.4 Use and Development of Land and Buildings Must Comply Within the Municipality of WestLake-Gladstone, no land, building or structure shall be used or occupied, and no building or structure shall be constructed, erected, altered, enlarged or placed, except in accordance with this by-law. 1.5 Restrictions in Other By-Laws or Federal and Provincial Laws Whenever a provision of another by-law or a law or regulation of the provincial or federal government contains a restriction governing the same subject matter contained in this by-law, or imposes inconsistent regulations with respect to uses, buildings, or structures, the most restrictive or highest standard shall prevail. 1.6 Does Not Promote Nuisance Nothing in this by-law, or in a development permit, approval of a conditional use, variance order or other approval issued under this by-law shall be construed as authorization for the carrying out of any activity which is a nuisance due to noise, odour, emission, vibration or other cause. 1 WESTLAKE-GLADSTONE ZONING BY-LAW 6 PART 2: General Regulations The following regulations shall apply to all use and development of land and buildings in the Municipality of WestLake-Gladstone, except where otherwise noted in this By-law. 2.1 Regulation of Uses No land, building or structure shall be used or occupied except for a use which: a) Is listed in the Use Tables A.1 and A.2 as: i) A Permitted Principal Use; ii) A Permitted Secondary Use; iii) A Conditional Principal Use, subject to approval as such; iv) A Conditional Secondary Use, subject to approval as such; b) Is an Accessory Use. c) Is a Temporary Use. 2.2 Multiple Uses or Provisions Where land, a building, or a structure is used for more than one purpose, all provisions of this By- law relating to each use must be satisfied. Where more than one provision in this By-law is applicable, the higher or more stringent requirement shall apply unless specified otherwise. 2.3 Secondary Uses and Structures No secondary use or structure shall be established except those in compliance with the following regulations: a) No secondary use or structure shall be established prior to the establishment of the principal use of land, building or structure to which it is secondary; b) The area of land or buildings used or occupied for secondary uses on a site shall not exceed the area of land or buildings respectively used or occupied by principal uses on the same site; c) No land, building, or structure shall be used or occupied for any secondary use after the use or uses to which it is secondary have been discontinued. 2.4 Accessory Buildings and Structures No accessory building or structure shall be constructed or erected, except those in compliance with the following regulations: a) Where the accessory building or structure is attached to a principal building or structure, it shall be subject to, and shall conform to, all regulations of this by-law applicable to the principal building or structure. b) Where the accessory building or structure is detached from the principal building or structure, it shall be subject to, and shall conform to, all regulations of this By-law applicable to accessory buildings or structures. c) No accessory building or structure shall be constructed on any zoning site prior to the time of construction of the principal building to which it is accessory except where it is allowed by written agreement from the Municipality of WestLake-Gladstone. 2 WESTLAKE-GLADSTONE ZONING BY-LAW 7 An accessory building or structure shall not be used as a dwelling, except where otherwise permitted in this By-law. 2.5 Required Yards a) Required yards shall be free of buildings, except accessory buildings, which must conform to the other requirements of this By-Law. b) Open, unenclosed projections, whether vertical or horizontal, such as stairs, landings, porches, and unenclosed balconies, may extend into the required yards for not more than 50% of the required yard depth, up to a maximum of 3 metres (10 feet), except for wheelchair ramps (or similar accessibility structures), which are not subject to the restrictions for required yards. 2.6 Temporary Buildings, Structures, or Uses Temporary buildings, structures or uses may be allowed on a non-permanent basis subject to the issuance of a development permit under the following conditions: a) A development permit for a temporary building, structure or use shall be subject to such terms and conditions as required by Council. b) Each development permit issued for a temporary building, structure or use shall be valid for a period of not more than 12 months and may not be renewed for more than 2 successive periods at the same location. Fencing 2.7 Measuring Fence Height Fence height is measured from the highest part of the fence to the point where the fence post enters grade. Where a fence is located on top of a retaining wall, the height to the fence shall include the height of the retaining wall measured from the finished grade. 2.8 Fences - Projections into Required Yards Fences are permitted in all required yards and can be placed up to the property line. 2.9 Fences - Prohibited Materials Fences shall: a) Not be electrified, except as an accessory to a permitted agricultural use in the AG , AL, or RR zones. b) Not contain barbed wire, except as an accessory to a permitted industrial or agricultural use in the AG, AL , RR , HC or M zones. c) Not contain scrap metal or industrial waste material. d) Not be made of chain link if located in a front yard within the RS, GD or CC zones. e) Not be made of or contain razor wire anywhere in the municipality. 2.10 Maximum Fence Height No fence shall exceed the following heights: Standards OS PR AG AL RR GD RS CC HC M I Fence Height: Front Yard (Maximum) 2m (6 ft)* 3m (10ft) 3m (10ft) 3m (10ft) 1m (3 ft) 1m (3 ft) 1m (3 ft) 1m (3 ft) 2.5m (8 ft) 3m (10ft) 3m (10ft) WESTLAKE-GLADSTONE ZONING BY-LAW 8 Fence Height: Side and Rear Yards (Maximum) 2m (6 ft)* 3m (10ft) 3m (10ft) 3m (10ft) 2m (6 ft) 2m (6 ft) 2m (6 ft) 2m (6 ft) 2.5m (8 ft) 3m (10ft) 3m (10ft) *Fencing in OS zones shall be restricted to barbed wire or cattle wire fences to prohibit entry of livestock and / or into sensitive areas. Grading & Drainage 2.11 Maintaining Grades for Drainage The landowner shall establish and maintain lot grading for adequate drainage so that there will be no free flow of water onto public sidewalks or adjacent properties other than through an approved drain, ditch or swale. 2.12 Lot Grading No person shall proceed with any work that may alter or otherwise change the grading of a lot or property in any manner that may affect the existing or established storm water runoff from that or any adjacent property without first obtaining a Development Permit. Outdoor Lighting 2.13 Outdoor Lighting Outdoor lighting is only allowed if the following standards are met: a) Any outdoor lighting (other than those exempted in provision c) below) must be located, arranged, or shielded so that no light is directed at any adjoining properties or interferes with the effectiveness of any traffic control device. Fixtures must be of a downward-directed, fully cut off design. b) Illumination from outdoor lighting must not exceed 0.1 foot candle at the property line. c) The maximum permitted height of a light fixture is 9 metres (30 feet). d) These standards do not apply to federally-regulated or provincially-regulated buildings and structures (including the lighting required for airports and towers). Signage 2.14 Signage Regulations The following provisions shall apply to all signs erected or maintained within the Municipality, except wherein otherwise stated: a) Signs and sign structures may be allowed as accessory uses in accordance with the Sign Requirements Table 1, subject to the issuance of a Development Permit, except as provided in Section 2.15 of this zoning by-law; a) All signs shall comply with the minimum yard requirements for accessory structures in the zone in which they are to be located or erected; b) Billboards and other signs directing attention to a business, commodity or message offered elsewhere than upon the same zoning lot on which that sign is located may only be allowed in zones where Advertising Sign is a Permitted or Conditional Use. Such signs must also be constructed in accordance with the Sign Requirements Table 1, and subject to the issuance of a Development Permit; WESTLAKE-GLADSTONE ZONING BY-LAW 9 c) No sign or sign structure shall be erected at any location where it may interfere with or obstruct the view of any street, intersection or railroad grade crossing, or be confused with any authorized traffic sign, signal or device. No rotating beam, beacon or flashing illumination resembling an emergency light shall be used in connection with any sign display; d) No sign may contain flashing lights or digital images unless specifically allowed in the Sign Requirements .All signs with flashing lights or digital images are prohibited within 30 metres (100 feet) of RR or RS zones; e) No sign or sign structure shall be erected or maintained on, over or above any land or right-of-way belonging to the Municipality without a Development Permit; f) The placing of signs within the controlled area of a Provincial Road or Provincial Trunk Highway shall require a permit from the applicable provincial authority; and g) All signs and sign structures shall be kept in good repair and in a proper state of preservation. Signs which have become obsolete because of discontinuance of the operation or activity or are not maintained in good condition or repair shall be repaired, removed or relocated within 30 days following notice by the designated employee or officer. Table 1 Sign Requirements Type of Sign Permitted in Zones Maximum Area Additional Conditions Illustration Fascia (small) AG AL RR GD RS PR 0.5 square meters (5 square feet) maximum area for a single face A sign in the RR or RS zones may only be illuminated during business hours. WESTLAKE-GLADSTONE ZONING BY-LAW 10 Type of Sign Permitted in Zones Maximum Area Additional Conditions Illustration Fascia (large) or Marquee PR GD HC CC I M 10% of the area of the wall to which sign is affixed Illumination and flashing lights are permitted, following the standards for signs. Projecting (small) PR GD 0.5 square meters (5 square feet) maximum area for a single face Must not project more than 1.5 m (5 ft) from the wall to which the sign is affixed. Projecting (large) CC HC M I Conditional in: GD 2 square meters (21.5 square feet) maximum area for a single face Must not project more than 2 m (6.5 ft) from the wall to which the sign is affixed. Illumination and flashing lights are permitted, following the standards for signs. WESTLAKE-GLADSTONE ZONING BY-LAW 11 Type of Sign Permitted in Zones Maximum Area Additional Conditions Illustration Free- Standing (small) AG AL RR GD RS CC PR I M Maximum Height (from grade): 2 m (6.5 ft). Not permitted for home- based businesses. Free- Standing (large) AG I CC HC M Conditional in: AL PR GD 11 square meters (118 square feet) maximum area for a single face. Maximum Height (from grade): [10.5m (34 ft). Illumination and flashing lights are permitted, following standards. Not permitted in a required yard abutting an RR or RS zone. Minimum setback from a property line must be 33 % the height of the sign. WESTLAKE-GLADSTONE ZONING BY-LAW 12 Type of Sign Permitted in Zones Maximum Area Additional Conditions Illustration Awning PR GD I CC HC M 10% of the area of the wall to which awning is affixed Mobile (small) PR GD OS M CC I Maximum Height: 1.4 m (4.5 ft). One sign may be placed within public right-of-way during regular hours of operation. Mobile (large) AG AL GD HC M I OS 4.5 square meters (48 square feet) maximum area for a single face Maximum height (from grade): 3 m (10 ft). Must not include any flashing lights. Maximum of one sign per property. Only allowed to occupy one parking space where there is no practical alternative. WESTLAKE-GLADSTONE ZONING BY-LAW 13 Type of Sign Permitted in Zones Maximum Area Additional Conditions Illustration Digital CC HC M I Conditional in: GD 7 square meters (75 square feet) maximum area for a single face Not permitted in a required yard abutting an RR or RS zone. Images must have a minimum hold time of 6 seconds. Inflatable PR HC M I CC Conditional in: GD 5 meters (16.5 feet) maximum height from grade Only 1 inflatable sign shall be permitted per site. Only allowed as a temporary sign that may be displayed for no more than 15 days within a 6 month period. 2.15 Signs Not Requiring a Development Permit The following signs shall not require a Development Permit. However, they must still comply with any applicable standards in this By-Law: a) Signs posted by duly constituted public authorities in the performance of their public duties; b) Flags or emblems of a political, civic, educational or religious organization; c) Commemorative or memorial signs or tablets; d) Temporary signs including real estate signs, construction signs, election signs, garage sale signs and similar that are erected for a maximum of 90 days; e) Mobile signs (small) not exceeding 0.5 m2 (5 ft2) in surface area (for a single sign face); f) Awning signs with signage originally incorporated in the design or awning material; g) Residential on-site identification signs or warning signs (such as "Private Property" signs and similar) not exceeding 3 square feet each in surface area; and WESTLAKE-GLADSTONE ZONING BY-LAW 14 h) Signs required for direction and convenience of the public, including signs identifying restrooms or parking entrances, not exceeding 0.5 m2 (5 ft2) in sign surface area. Communication Facilities 2.16 Private Communications Facilities A private communications facility may be allowed as an accessory use in accordance with the minimum yard requirements for accessory structures in the zone in which it is to be located or erected, with the following exceptions: a) A private communications facility is not subject to the height requirements for accessory structures; b) A private communications facility may be located in any rear or side yard in any zone. It may also be located in any front yard in the AG , AL, and RR zones; c) A private communications facility shall be set back from all property lines of the site on which it is located a minimum distance equal to its total height, measured from grade to the uppermost point of its extension; d) A private communications facility may be located on the roof of a building; however if it is located on the roof of a building in the AG, AL , RR , or RS Zones, the weight (including all support apparatus) shall not exceed 75 pounds. Shipping Containers and Portable Garages 2.17 Standards for Shipping Containers A shipping container must adhere to the following standards: a) Shipping containers are conditional in GD and RS districts for storage and dwelling uses; b) A shipping container used for storage must meet the requirements for accessory buildings in the zone in which it is located. Shipping containers used for storage shall not be stacked, and must not exceed the maximum height for accessory buildings for the zone; c) A shipping container used as a dwelling must meet the requirements for dwelling units in the zone in which it is located as well as the requirements necessary to receive a building permit. Shipping containers may be stacked for use as a dwelling provided they satisfy all dwelling requirements; and d) A shipping container may be used for temporary storage or emergency purposes, provided it meets the requirements for temporary buildings and structures in this By- law. 2.18 Standards for Portable Garages The installation of a portable garage shall be allowed as an Accessory Use subject to the following rules: a) Portable garages are permitted in the AG, AL , RR, and M districts only, and are prohibited in all other districts; b) A portable garage is not allowed within the required front yard of a site; c) A portable garage must meet the requirements for accessory building side and rear yard requirements; WESTLAKE-GLADSTONE ZONING BY-LAW 15 d) A portable garage must not exceed the height restrictions for accessory buildings in the zone in which it is located; e) A portable garage must be kept in good condition. Any rip in the fabric must be repaired; and f) A maximum of one (1) portable garage is allowed on a site. Swimming Pools and Hot Tubs 2.19 Standards for Swimming Pools and Hot Tubs Swimming pools, hot tubs, and similar structures with a water depth of greater than 0.6 meters (2 feet), shall be allowed as a permitted accessory use to a residential use (including when located on a farm), recreational, or commercial development provided that: a) They meet the siting requirements of Accessory structures for the zone in which they are located, and are permitted in side and rear yards only; b) The pool area is protected by a fence with lockable gates and a minimum height of 1.8 meters (6 feet) to prevent unauthorized entry. The fence and gate must be constructed so as to prevent a child from crawling underneath; c) A Development Permit is issued under this By-law; d) Nothing in this subsection shall relieve any such structure from complying with the requirements under the WestLake-Gladstone Building By-law, or applicable provincial regulations including The Buildings and Mobile Homes Act and The Public Health Act. Hazard Lands, Flood Risk Areas, Riparian and Wetland Areas, and Important Areas 2.20 Hazard Lands Development is prohibited on land that is subject to subsidence or erosion by water or is marshy or unstable, or is otherwise hazardous by virtue of its soil or topography, unless a geotechnical engineering report showing that the development may occur without creating any additional risks is submitted to the Municipality at the time of application for a Development Permit. 2.21 Flood Risk Areas Development is prohibited on land that is within 0.61 meters (2 feet) of elevation of the high- water mark of the design flood, a recorded flood exceeding the design flood, or a flood specified by Manitoba Infrastructure and Transportation, unless an engineering report showing the development, with flood protection, may occur without creating any additional risks is submitted to the Municipality at the time of application for a Development Permit. 2.22 Riparian and Wetland Areas No development shall occur within the area 30 meters (100 feet) upslope from the normal high water mark of a natural water body, waterway, wetland, or a third (or higher) order drain, except if the development is permitted as an exception under Sections 2.23 or 2.24 . No development shall occur within 15 meters (50 feet) of a first or second order drain, or artificially created retention pond, except if the development is permitted as an exception under Sections 2.23 or 2.24. 2.23 Exceptions to Riparian Setbacks WESTLAKE-GLADSTONE ZONING BY-LAW 16 Notwithstanding the restrictions in Section 2.22, developments that create minor disturbances to the natural vegetative cover of riparian areas (such as docks, boathouses, pathways, and shelters) may be allowed within the riparian and wetland area, provided no more than 25% of the length of a lot's shoreline is affected. 2.24 Protection of Water and Wetlands No development shall occur within 60 meters (200 feet) upslope from the normal high water mark of a water body or waterway identified in the WestLake-Gladstone Development Plan as being socially, historically or culturally important, being designated under an enactment, or containing unique aquatic assemblages and species. The natural vegetative cover must be retained or rehabilitated within these areas. Development shall not result in alteration to permanent or semi-permanent wetlands by the consolidation of wetlands or by ditching, filling, pumping, subsurface drainage or other works or means, unless it is for the purpose of flood mitigation. Flood mitigation must maintain the natural boundaries of permanent, semi-permanent or coastal wetlands. Setbacks from Highway Intersections and Railways 2.25 Development Setbacks from Highway Intersections All development within the Controlled Area of a Provincial Road or Provincial Trunk Highway shall require a permit from the applicable provincial authority. 2.26 Development Setbacks from Railways No development of residential dwelling units shall be permitted within 300 meters (1000 feet) of a freight rail yard, within 30 meters (100 feet) of a railway main line, or within 15 meters (50 feet) of a branch line or spur line, measured from the property line of the railway to the face of the residential building, unless an alternate compliance measure can be demonstrated to the satisfaction of Council. Parking 2.27 Minimum Parking Accessory off-street parking spaces shall be provided according to the minimum number of spaces as calculated by Table 2 for uses within the Use Categories indicated on Tables A1 & A2. All accessory off-street parking spaces shall be located on the same site as the principal use, unless specifically permitted to locate elsewhere. There are no parking requirements for zones not included in the table. Table 2: Minimum Off-Street Parking Requirements Use Category RR GD RS CC HC M I Unit Residential 1.0 1.0 1.0 0.5 - - - Per Dwelling Lodging 1.5 1.0 1.5 1.0 1.0 - - Per Bedroom Office 1.5 1.5 1.5 0.5 1.5 1.5 0.5 Per 100 m2 (1075 sq ft.) WESTLAKE-GLADSTONE ZONING BY-LAW 17 Retail 1.5 1.5 1.5 1.0 2.5 2.5 1.0 Per 100 m2 (1075 sq ft.) Civic 1.0 1.0 1.0 0.5 - - 0.5 Per 100 m2 (1075 sq ft.) Education 1.0 1.0 1.0 0.5 - - 0.5 Per 100 m2 (1075 sq ft.) 2.28 Parking Requirements Based on Floor Area Where parking requirements are based on the "floor area" of the use, the term "floor area" means the gross floor area of the principal building, excluding: a) Any area used for parking within the principal building; and b) Any area used for incidental service storage, mechanical equipment, or similar uses. 2.29 Parking Stall and Aisle Specifications Off-street parking spaces shall meet the parking stall and aisle specifications in Table 3. If the proposed spaces are designed at an angle that is not in Table 3, use the specifications for the angle that is closest. Table 3: Parking Stall and Aisle Specifications Minimum Stall Dimensions Minimum Aisle Width Angle Configuration Stall Width (a) Stall Depth (b) Two - Way (c) One - Way (c) 90° (Head- In) 2.75 m (9 ft) 5.5 m (18 ft) 6.7 m (22 ft) 6.0 m (20 ft) 60° (Angled) 2.75 m (9 ft) 5.5 m (18 ft) 6.7 m (24 ft) 5.5 m (18 ft) WESTLAKE-GLADSTONE ZONING BY-LAW 18 45° (Angled) 2.75 m (9 ft) 5.5 m (18 ft) 6.7 m (24 ft) 3.7 m (12 ft) 0° (Parallel) 2.75 m (9 ft) 5.5 m (18 ft) 6.7 m (22 ft) 3.7 m (12 ft) 2.30 Barrier-Free Parking Spaces Barrier-Free parking spaces shall be provided according to the minimum number of spaces specified by Table 4. Each barrier-free parking space shall have a minimum width of 3.5 meters (11.5 feet) and a minimum length of 7 meters (23 feet). Barrier-free parking spaces shall be located within close proximity and access to the principal building entrance. Barrier-free spaces must be clearly marked and reserved for the exclusive use of people with mobility issues. Table 4: Required Barrier-Free Parking Spaces Number of Off-Street Parking Spaces on a Zoning Site Minimum Number of Barrier-Free Parking Spaces 1 - 25 1 26 - 50 2 51 - 75 3 76 - 100 4 101+ 4 plus 1 for every 50 additional spaces, to a max of 10 spaces 2.31 Location An accessory parking area must comply with the minimum yard requirements for the zone in which the parking area is located. 2.32 Surface and Maintenance An off-street parking area and its access driveways shall be surfaced and drained so that there will be no free flow of water onto public sidewalks or adjacent properties, other than through an approved drain, ditch, or swale. The surface for an off-street parking area in any zone may be constructed of asphalt, concrete, or permeable paving blocks. The surface for an off-street WESTLAKE-GLADSTONE ZONING BY-LAW 19 parking area in the RR , RS , and GD zones may also be constructed out of gravel, crushed rock, or other aggregate material. 2.33 Landscaping and Buffering If a surface parking lot or accessory parking area abuts a public street, the owner must screen the perimeter of the parking area from public view. The screening must be: a) A wall, solid fence, or landscaping hedge a minimum of a 1 meter (3 feet) high; or b) A planting bed a minimum of 2 metres (6 feet) wide, planted with a minimum of one shrub every 0.75 metres (2.5 feet) and one shade tree every 7.5 metres (25 feet). Road Access 2.34 Road Access No use or structure 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: a) Abuts and has legal access to an improved public street or road; or b) Abuts and has legal access to an unimproved street or road which, under an Agreement with the Municipality, is to be improved to serve that lot; or c) Is deemed to abut a public street or road pursuant to the non-conformity provisions of this By-law. Service Connections and Public Utilities 2.35 Service Connections Where a parcel is served by municipal piped sewer or water, no permanent principal building or dwelling shall be constructed or placed unless it is connected to such services. 2.36 Public Utilities This By-Law shall be interpreted so as not to interfere with the construction, erection and location of a public utility's works, plant, pipes, cables, or equipment. WESTLAKE-GLADSTONE ZONING BY-LAW 20 PART 3: Zones 3.1 Establishing Zones Uses of land in the municipality are regulated in accordance with the following zones: LOCATION ZONES ABBR. Rural Areas Agriculture General AG Agriculture Limited AL Open Space OS Rural Residential RR Plumas, Langruth, & Westbourne General Development GD Gladstone Commercial Central - Mixed Use CC Highway Corridor HC Institutional I Manufacturing / Industrial M Parks and Recreation PR Residential RS 3.2 Zoning Boundaries The zones established above in Section 3.1 shall apply within the boundaries of the zones shown on the maps in Schedule A following these rules of interpretation: a) Boundaries indicated as approximately following the centre-lines of streets, lanes, highways, rivers, or railway or public utility lines or rights-of-way shall follow such lines; b) Boundaries indicated as approximately following parcel limits as shown on a registered plan or by reference to the Dominion Government Survey shall follow such limits. 3.3 Permitted and Conditional Uses The permitted and conditional uses prescribed for parcels within each zone are those set out in the Use Tables A.1 & A.2. Permitted uses are indicated on this table with the letter 'P'. Conditional uses are indicated on this table with the letter 'C'. Where a use is not listed and is not similar to, or accessory to, a permitted or conditional principal use, or a permitted or conditional secondary use, the use is not allowed in the zone. 3.4 Bulk Regulations No land, building, or structure shall be used or occupied, and no building or structure shall be constructed, erected, altered, enlarged, or placed, except in accordance with the bulk requirements described in the Bulk Regulations Tables B.1 & B.2 or elsewhere in this by-law. 3 WESTLAKE-GLADSTONE ZONING BY-LAW 21 AG - Agriculture General Intent: This zone is intended for agricultural purposes and protects farm land from encroachment by new non-agricultural development, which might interfere with agricultural production and increase the potential for land use conflicts. Compatible secondary uses are encouraged, provided the primary use of the land is agriculture. USE TABLE (A.1) AG PERMITTED PRINCIPAL USES Use-Specific Standard General Agriculture - Animal Keeping (less than 10 A.U.)* 4.3 Livestock Operation (10 to 299 AU)* 4.15 Apiary (Beekeeping)* 4.4 Cannabis Cultivation and Processing - Dwelling, Single-Unit 4.10 Mobile Home* 4.17 CONDITIONAL USES Livestock Operation (300 or more AU)* 4.16 Dwelling, Two-Unit* 4.11 Dwelling, Multi-Unit* 4.9 Agri-Business - Mining and Extraction* 4.20 Fuel Sales - Automotive Sales/Service - Cemetery - Public Works Facility - Wind Energy Generating System Tower (Commercial)* 4.25 Anhydrous Ammonia Storage Facility* 4.2 Dangerous Goods or Agrichemical Storage Facility* 4.7 Sewage Treatment Site (Lagoon)* 4.22 Solid Waste Disposal Site (Landfill)* 4.23 PERMITTED ONLY AS SECONDARY USES Garden Centre / Nursery - Bed & Breakfast / Short-Term Rental* 4.5 Home-Based Business* 4.13 Home Industry* 4.14 Secondary Suites* 4.21 Outdoor Market - Childcare Facility - Solar Collector (On-Site Use)* 4.24 Wind Energy Generating System Tower (On-Site Use / Rooftop)* 4.26 WESTLAKE-GLADSTONE ZONING BY-LAW 22 CONDITIONAL SECONDARY USES Dwelling, Single-Unit* 4.10 Campground or RV Park* 4.6 Industrial (Light) - Auto Wrecking and Salvage - Solar Collector (Commercial)* 4.24 * = Use-Specific Standard Applies BULK TABLE (B.1) Agriculture General AG General Agriculture & Livestock Operations Site Area (Min) (a) 80 acres Building Heights Height (Min) - Site Width (Min) (a) 660 ft. Height (Max) - Other Uses Site Area (Min) 2 acres Accessory or Secondary Buildings & Structures Site Width (Min) 200 ft. Coverage Site Coverage (Max) - Required Yards: Principal Building Front Yard (Min) 125 ft. Front Yard (Min) 25 ft. Front Yard (Max) - Side Yard (Min) 15 ft. Side Yard (Min) 25 ft. Rear Yard (Min) 15 ft. Side Yard (Max) - Separation from PB 10 ft. Rear Yard (Min) 25 ft. Height (Max) - (a) For General Agriculture and Livestock Operations only. 2 acre minimum site area and 200 ft. site width minimum for all other uses. WESTLAKE-GLADSTONE ZONING BY-LAW 23 AL - Agriculture Limited Intent: This zone is intended to provide for agricultural uses similar to those allowed in the Agriculture General zone. However, due to the proximity to residences or other designated areas, there are restrictions placed on uses like livestock operations. USE TABLE (A.1) AL PERMITTED PRINCIPAL USES Use-Specific Standard General Agriculture - Animal Keeping (less than 10 A.U.)* 4.3 Cannabis Cultivation and Processing - Garden Centre / Nursery - Dwelling, Single-Unit 4.10 CONDITIONAL USES Livestock Operation (10 to 299 AU)* 4.15 Apiary (Beekeeping)* 4.4 Agri-Business - Dwelling, Two-Unit* 4.11 Dwelling, Multi-Unit* 4.9 Mobile Home* 4.17 Mobile Home Park* 4.18 Mining and Extraction* 4.20 Restaurant - Drinking Establishment - Fuel Sales - Automotive Sales/Service - Cemetery - Public Works Facility - Dangerous Goods or Agrichemical Storage Facility* 4.7 Sewage Treatment Site (Lagoon)* 4.22 Solid Waste Disposal Site (Landfill)* 4.23 PERMITTED ONLY AS SECONDARY USES Bed & Breakfast / Short-Term Rental* 4.5 Home-Based Business* 4.13 Home Industry* 4.14 Secondary Suites* 4.21 Outdoor Market - Childcare Facility - Solar Collector (On-Site Use)* 4.24 Wind Energy Generating System Tower (Commercial)* 4.25 Wind Energy Generating System Tower (On-Site Use / Rooftop)* 4.26 WESTLAKE-GLADSTONE ZONING BY-LAW 24 CONDITIONAL SECONDARY USES Dwelling, Single-Unit* 4.10 Campground or RV Park* 4.6 Auto Wrecking and Salvage - Solar Collector (Commercial)* 4.24 * = Use-Specific Standard Applies BULK TABLE (B.1) Agriculture Limited AL General Agriculture & Livestock Operations Site Area (Min) (a) 80 acres Building Heights Height (Min) - Site Width (Min) (a) 660 ft. Height (Max) - Other Uses Site Area (Min) 2 acres Accessory or Secondary Buildings & Structures Site Width (Min) 200 ft. Coverage Site Coverage (Max) - Required Yards: Principal Building Front Yard (Min) 125 ft. Front Yard (Min) 25 ft. Front Yard (Max) - Side Yard (Min) 15 ft. Side Yard (Min) 25 ft. Rear Yard (Min) 15 ft. Side Yard (Max) - Separation from PB 10 ft. Rear Yard (Min) 25 ft. Height (Max) - (a) For General Agriculture and Livestock Operations only. 5 acre minimum site area and 125 ft. site width minimum for all other uses. WESTLAKE-GLADSTONE ZONING BY-LAW 25 OS - Open Space Intent: This zone is intended to preserve natural land and significant wildlife habitats and protect it from incompatible land uses. Permanent buildings or structures are not permitted in this zone aside from basic structures for ecotourism uses. This zone can be used for lands unsuitable for development because of flooding or erosion concerns. Activities such as wildlife viewing, ecotourism, hunting, trapping, harvesting of wild foods, and grazing may be allowed in this zone. BULK TABLE (B.1) Open Space OS Site Dimensions Site Area (Min) - Building Heights Height (Min) - Site Area (Max) - Height (Max) 28 feet Site Width (Min) - Accessory or Secondary Buildings & Structures Site Width (Max) - Site Coverage (Max) - Required Yards: Principal Building Front Yard (Min) 125 feet Front Yard (Minimum) NP Front Yard (Max) - Side Yard (Minimum) NP Side Yard (Min) 25 feet Rear Yard (Minimum) NP Side Yard (Max) - Separation from PB NP Rear Yard (Min) 25 feet Accessory Height (Max) NP NP: Structures are not permitted in this area USE TABLE (A.1) OS PERMITTED PRINCIPAL USES Use-Specific Standard Ecological Reserve - Conservation Area - CONDITIONAL USES Ecotourism Structure* 4.12 General Agriculture - Park - Cemetery - * = Use-Specific Standard Applies WESTLAKE-GLADSTONE ZONING BY-LAW 26 RR - Rural Residential Intent: This zone is intended for cottage and other rural residential developments located outside of settlement centres. Rural residential development will be located and designed to preserve the natural or agrarian character of the area. Lot sizes may be larger than those found in settlement centres, but not so large as to be wasteful of land. These lots generally rely on onsite water and wastewater infrastructure. USE TABLE (A.1) RR PERMITTED PRINCIPAL USES Use-Specific Standard Dwelling, Single-Unit 4.10 Dwelling, Cottage* 4.8 Park - CONDITIONAL USES Garden Centre / Nursery - Dwelling, Two-Unit* 4.11 Mobile Home* 4.17 Mobile Home Park* 4.18 Office (Small) - Office (Large) - Retail (Small) - Retail (Large) - Fuel Sales - Funeral Home - PERMITTED ONLY AS SECONDARY USES Home-Based Business* 4.13 Childcare Facility - Secondary Suites* 4.21 Bed & Breakfast / Short-Term Rental* 4.5 Home-Based Business* 4.13 Solar Collector (On-Site Use)* 4.24 Wind Energy Generating System Tower (On-Site Use / Rooftop)* 4.26 CONDITIONAL SECONDARY USES Animal Keeping (less than 10 A.U.)* 4.3 Apiary (Beekeeping)* 4.4 Home Industry* 4.14 * = Use-Specific Standard Applies WESTLAKE-GLADSTONE ZONING BY-LAW 27 BULK TABLE (B.1) Rural Residential RR Site Dimensions Site Area (Min) 2 acres Building Heights Height (Min) - Site Area (Max) - Height (Max) 28 ft. Site Width (Min) 100 ft. Accessory or Secondary Buildings & Structures Site Width (Max) - Site Coverage (Max) 50 % Required Yards: Principal Building Front Yard* (Min) 30 ft. Front Yard* (Min) NP Front Yard* (Max) - Side Yard (Min) 3 ft. Side Yard (Min) 5 ft. Rear Yard (Min) 2 ft. Side Yard (Max) - Separation from PB 10 ft. Rear Yard (Min) 25 ft. Accessory Height (Max) 14 ft. NP: Accessory / secondary structures are not permitted in this part of the yard * Note that for cottages, the front yard is considered to be on the lakefront side when a lot borders on a lake or other water feature. The front yard requirement for cottages in the existing subdivisions along Lake Manitoba is established by all the area to the front (towards the lake) of a line drawn parallel to the rear site line and perpendicularly distant by the distance as noted for each lot in Plan 51388 and Plan 58642. WESTLAKE-GLADSTONE ZONING BY-LAW 28 GD - General Development Intent: This zone is intended to provide for a wide range of residential, commercial, and industrial uses within the smaller settlement centres of Plumas, Langruth, and Westbourne. USE TABLE (A.1) GD PERMITTED PRINCIPAL USES Use-Specific Standard Dwelling, Single-Unit 4.10 Dwelling, Two-Unit* 4.11 Mobile Home* 4.17 Inn (up to 12 rooms) - Hotel (no room limit) - Garden Centre / Nursery - Office (Small) - Retail (Small) - Outdoor Market - Restaurant - Park - Funeral Home - Fire or Police Station - Library or Cultural Facility - Place of Worship - Childcare Facility - Rec. Centre / Facility - School - Public Works Facility - CONDITIONAL USES Animal Keeping (<10 AU)* 4.3 Dwelling, Multi-Unit* 4.9 Mobile Home Park* 4.18 Retail (Large) - Retail (Age-restricted) - Drinking Establishment - Drive-Through Facility - Cemetery - Crematorium - Hospital - Campground or RV Park* 4.6 Automotive Sales / Service - Industrial (Light) - Fuel Sales - Parking Structure or Surface Lot - PERMITTED ONLY AS SECONDARY USES Bed & Breakfast / Short-Term Rental* 4.5 Home-Based Business* 4.13 Secondary Suites* 4.21 Solar Collector (On-Site Use)* 4.24 CONDITIONAL SECONDARY USES Wind Energy Generating System Tower (On-Site Use / Rooftop)* 4.26 * = Use-Specific Standard Applies WESTLAKE-GLADSTONE ZONING BY-LAW 29 BULK TABLE (B.1) General Development GD Site Dimensions Site Area (Min) 5,000 s.f Building Heights Height (Min) - Site Area (Max) - Height (Max) 28 ft. Site Width (Min) 50 ft. Accessory or Secondary Buildings & Structures Site Width (Max) - Site Coverage (Max) - Required Yards: Principal Building Front Yard (Min) 25 ft.* Front Yard (Min) NP Front Yard (Max) - Side Yard (Min) 3 ft. Side Yard (Min) 6 ft. Rear Yard (Min) 2 ft. Side Yard (Max) - Separation from PB 6 ft. Rear Yard (Min) 6 ft. Accessory Height (Max) 14 ft. *For corner lots, one required yard adjacent to a street can be 50% less than the required minimum. Commercial buildings may be built up to the sidewalk and no further front yard is required.; NP: Accessory / secondary structures are not permitted in this part of the yard WESTLAKE-GLADSTONE ZONING BY-LAW 30 CC - Commercial Central Mixed Use Intent: This zone is intended for commercial facilities, offices, and large-scale indoor recreational facilities, which serve the whole community. The development standards in this zone provide support for buildings that form a continuous street wall around significant multi-modal thoroughfares. USE TABLE (A.1) CC PERMITTED PRINCIPAL USES Use-Specific Standard Mixed-Use Building* 4.19 Dwelling, Multi-Unit* 4.9 Hotel (no room limit) - Inn (up to 12 rooms) - Office (Small) - Retail (Small) - Retail (Age-restricted)* 4.1 Restaurant - Drinking Establishment - Funeral Home - Fire or Police Station - Library or Cultural Facility - Place of Worship - Childcare Facility - School - Recreation Centre / Facility - CONDITIONAL USES Dwelling, Two-Unit* 4.11 Office (Large) - Retail (Large) - Outdoor Market - Drive-Through Facility - Fuel Sales - Automotive Sales/Service - Crematorium - Hospital - College or Trade School - Industrial (Light) - Parking Structure or Surface Lot - PERMITTED ONLY AS SECONDARY USES Home-Based Business* 4.13 Solar Collector (Commercial)* 4.24 Solar Collector (On-Site Use)* 4.24 CONDITIONAL SECONDARY USES Wind Energy Generating System Tower (On-Site Use / Rooftop)* 4.26 * = Use-Specific Standard Applies WESTLAKE-GLADSTONE ZONING BY-LAW 31 BULK TABLE (B.1) Commercial Central CC Site Dimensions Site Area (Min) 2,500 s.f. Building Heights Height (Min) 28 ft. Site Area (Max) 25,000 s.f. Height (Max) 56 ft. Site Width (Min) 25 ft. Accessory or Secondary Buildings & Structures Site Width (Max) 100 ft. Site Coverage (Max) 90% Required Yards: Principal Building Front Yard (Min) 0 ft. Front Yard (Min) NP Front Yard (Max) 6 ft. Side Yard (Min) NP Side Yard (Min) 0 ft. Rear Yard (Min) NP Side Yard (Max) 15 ft. Separation from PB NP Rear Yard (Min) 0 ft. Accessory Height (Max) NP NP: Accessory / secondary structures are not permitted in this part of the yard WESTLAKE-GLADSTONE ZONING BY-LAW 32 HC - Highway Corridor Intent: This zone is intended for light industrial and commercial facilities located outside of a downtown area that are designed to serve the travelling public along provincial trunk highways or provincial roads. The built form is intended to be accessed primarily by vehicles and not to impair the safe operation of through traffic along the provincial trunk highways or provincial roads. USE TABLE (A.1) HC PERMITTED PRINCIPAL USES Use-Specific Standard Inn (up to 12 rooms) - Hotel (no room limit) - Retail (Small) - Retail (Large) - Retail (Age-restricted)* 4.1 Restaurant - Drinking Establishment - Drive-Through Facility - Fuel Sales - Automotive Sales / Service - Fire or Police Station - Library / Cultural Facility - Place of Worship - Rec. Centre or Facility - Public Works Facility - Industrial (Light) - Garden Centre / Nursery - Agri-Business - CONDITIONAL USES Crematorium - Dangerous Goods or Agrichemical Storage Facility* 4.7 Parking Structure or Surface Lot - PERMITTED ONLY AS SECONDARY USES Office (Small) - Office (Large) - Solar Collector (Commercial)* 4.24 Solar Collector (On-Site Use)* 4.24 Wind Energy Generating System Tower (On-Site Use / Rooftop)* 4.26 * = Use-Specific Standard Applies WESTLAKE-GLADSTONE ZONING BY-LAW 33 BULK TABLE (B.1) Highway Corridor HC Site Dimensions Site Area (Min) 10,000 s.f. Building Heights Height (Min) - Site Area (Max) 100,000 s.f. Height (Max) 42 ft. Site Width (Min) 75 ft. Accessory or Secondary Buildings & Structures Site Width (Max) - Site Coverage (Max) 70% Required Yards: Principal Building Front Yard* (Min) 25 ft. Front Yard (Min) NP Front Yard (Max) - Side Yard (Min) 15 ft. Side Yard (Min) 20 ft.** Rear Yard (Min) 15 ft. Side Yard (Max) - Separation from PB 6 ft. Rear Yard (Min) 15 ft.** Accessory Height (Max) 42 ft. *For sites with highway access only, additional setback bay be required by Manitoba Infrastructure. **For those sites adjacent to residential properties or residentially zoned land, a 25 ft. setback is required. NP: Accessory / secondary structures are not permitted in this part of the yard WESTLAKE-GLADSTONE ZONING BY-LAW 34 I - Institutional Intent: This zone is intended for facilities, services and resources that are accessible to the public. This includes civic buildings and educational uses. USE TABLE (A.1) I PERMITTED PRINCIPAL USES Use-Specific Standard School - College or Trade School - Childcare Facility - Park - Cemetery - Hospital - Recreation Centre or Facility - Fire or Police Station - Library or Cultural Facility - Place of Worship - Office (Small) - Office (Large) - CONDITIONAL USES Parking Structure or Surface Lot - Restaurant - Public Works Facility - PERMITTED ONLY AS SECONDARY USES Dwelling, Multi-Unit* 4.9 Retail (Small) - Solar Collector (Commercial)* 4.24 Solar Collector (On-Site Use)* 4.24 CONDITIONAL SECONDARY USES Apiary (Beekeeping)* 4.4 Wind Energy Generating System Tower (On-Site Use / Rooftop)* 4.26 * = Use-Specific Standard Applies BULK TABLE (B.1) Institutional I Site Dimensions Site Area (Min) 10,000 sq ft Building Heights Height (Min) - Site Area (Max) - Height (Max) 42 ft. Site Width (Min) 100 ft. Accessory or Secondary Buildings & Structures Site Width (Max) - Site Coverage (Max) 60% Required Yards: Principal Building Front Yard (Min) 25 ft. Front Yard (Min) NP Front Yard (Max) - Side Yard (Min) 3 ft. Side Yard (Min) 12 ft. Rear Yard (Min) 2 ft. Side Yard (Max) - Separation from PB 6 ft. Rear Yard (Min) 25 ft. Accessory Height (Max) 14 ft. NP: Accessory / secondary structures are not permitted in this part of the yard WESTLAKE-GLADSTONE ZONING BY-LAW 35 M - Manufacturing / Industrial Intent: This zone is intended to accommodate all kinds of industrial uses (with associated shipping traffic). This zone includes developments that may pose dangers to health and safety or that may be offensive and disturbing to other properties and is located so that industries can operate or expand safely without negatively affecting other development. USE TABLE (A.1) M PERMITTED PRINCIPAL USES Use-Specific Standard Industrial (Light) - Industrial (Heavy) - Agri-Business - Fuel Sales - Public Works Facility - Cannabis Cultivation and Processing - CONDITIONAL USES Anhydrous Ammonia Storage Facility* 4.2 Auto Wrecking and Salvage Yard - Garden Centre / Nursery - Retail (Small) - Retail (Large) - Crematorium - Dangerous Goods or Agrichemical Storage Facility* 4.7 Parking Structure or Surface Lot - PERMITTED ONLY AS SECONDARY USES Office (Small) - Office (Large) - Solar Collector (Commercial)* 4.24 Solar Collector (On-Site Use)* 4.24 Wind Energy Generating System Tower (On-Site Use / Rooftop)* Error! Reference * = Use-Specific Standard Applies WESTLAKE-GLADSTONE ZONING BY-LAW 36 BULK TABLE (B.1) Industrial M Site Dimensions Site Area (Min) 5,000 s.f. Building Heights Height (Min) - Site Area (Max) - Height (Max) 42 ft. Site Width (Min) 75 ft. Accessory or Secondary Buildings & Structures Site Width (Max) - Site Coverage (Max) 70% Required Yards: Principal Building Front Yard (Min) 25 ft. Front Yard (Min) NP Front Yard (Max) - Side Yard (Min) 15 ft. Side Yard (Min) 15 ft.** Rear Yard (Min) 15 ft. Side Yard (Max) - Separation from PB 6 ft. Rear Yard (Min) 25 ft. Accessory Height (Max) - **For those sites adjacent to residential properties or residentially zoned land, a 25 ft. setback is required. NP: Accessory / secondary structures are not permitted in this part of the yard WESTLAKE-GLADSTONE ZONING BY-LAW 37 PR - Parks and Recreation Intent: This zone is intended for land that is used as public parks or recreation areas. This zone can be used to provide a buffer between potentially incompatible land uses or provide access to nature and play spaces in urban areas. BULK TABLE (B.1) Parks and Recreation PR Site Dimensions Site Area (Min) - Building Heights Height (Min) - Site Area (Max) - Height (Max) 28 ft. Site Width (Min) - Accessory or Secondary Buildings & Structures Site Width (Max) - Site Coverage (Max) - Required Yards: Principal Building Front Yard (Min) 25 ft.* Front Yard (Minimum) NP Front Yard (Max) - Side Yard (Minimum) 25 ft. Side Yard (Min) 12 ft. Rear Yard (Minimum) 25 ft. Side Yard (Max) - Separation from P. B. 4 ft. Rear Yard (Min) 25 ft. Accessory Height (Max) 14 ft. NP: Accessory / secondary structures are not permitted in this part of the yard. *For corner lots, one required yard adjacent to a street can be 50% less than the required minimum. USE TABLE (A.1) PR PERMITTED PRINCIPAL USES Use-Specific Standard Park - Recreation Centre or Facility - Outdoor Market - CONDITIONAL USES Restaurant - Drinking Establishment - Cemetery - Library / Cultural Facility - Campground or RV Park* 4.6 Golf Course - Wind Energy Generating System Tower (Commercial)* 4.25 PERMITTED ONLY AS SECONDARY USES Solar Collector (On-site Use)* 4.24 * = Use-Specific Standard Applies WESTLAKE-GLADSTONE ZONING BY-LAW 38 RS - Residential Intent: This zone is intended for mostly single-unit and two-unit residential dwellings within settlement centres. This zone provides for a variety of housing types and affordability levels to accommodate a range of income levels, the ability to age in place and diverse market demands. USE TABLE (A.1) RS PERMITTED PRINCIPAL USES Use-Specific Standard Dwelling, Single-Unit 4.10 Dwelling, Two-Unit* 4.11 Park - CONDITIONAL USES Dwelling, Multi-Unit* 4.9 Mobile Home* 4.17 Mobile Home Park* 4.18 Mixed-Use Building* 4.19 Office (Small) - Funeral Home - Crematorium - Fire or Police Station - Library / Cultural Facility - Place of Worship - Recreation Centre or Facility - Childcare Facility - School - PERMITTED ONLY AS SECONDARY USES Bed & Breakfast / Short-Term Rental* 4.5 Home-Based Business* 4.13 Secondary Suites* 4.21 Solar Collector (On-Site Use)* 4.24 * = Use-Specific Standard Applies BULK TABLE (B.1) Residential RS Site Dimensions Site Area (Min) 5,000 s.f. Building Heights Height (Min) - Site Area (Max) 15,000 s.f. Height (Max) 30 ft. Site Width (Min) 50 ft. Accessory or Secondary Buildings & Structures Site Width (Max) 100 ft. Site Coverage (Max) 60% Required Yards: Principal Building Front Yard (Min) 25 ft.* Front Yard (Min) NP Front Yard (Max) - Side Yard (Min) 5 ft. Side Yard (Min) 5 ft. Rear Yard (Min) 5 ft. Side Yard (Max) - Separation from PB 6 ft. Rear Yard (Min) 15 ft. Front Yard (Min) 14 ft. WESTLAKE-GLADSTONE ZONING BY-LAW 39 *For corner lots, one required yard adjacent to a street can be 50% less than the required minimum. NP: Accessory / secondary structures are not permitted in this part of the yard WESTLAKE-GLADSTONE ZONING BY-LAW 40 Table A.2 : Use Table Uses OS PR AG AL RR GD RS CC HC M I USS* Agriculture General Agriculture C P P Livestock Operation(10-299 AU) P* C* 4.15 Livestock Operation (300+ AU) C* 4.16 Animal Keeping (<10 AU) P* P* C* C* 4.3 Garden Centre / Nursery C P C P P C Apiary (Beekeeping) P* C* C* C* 4.4 Agri-Business C C P P Cannabis Cultivation and Processing P P P Residential Dwelling, Single-Unit P/C* P/C* P P P 4.10 Dwelling, Two-Unit C* C* C* P* P* 4.11 Dwelling, Multi-Unit C* C* C* C* P* P* 4.9 Dwelling, Cottage P* 4.8 Mobile Home P* C* C* P* C* 4.17 Mobile Home Park C* C* C* C* 4.18 Secondary Suites P* P* P* P* P* 4.21 Mixed-Use Building C* P* 4.19 Lodging Bed and Breakfast / Short-Term Rental P* P* P* P* P* 4.5 Inn (up to 12 rooms) P P P Hotel (no room limit) P P P P = Permitted | C = Conditional | Underline = only as a secondary use | * = Use-Specific Standard Applies WESTLAKE-GLADSTONE ZONING BY-LAW 41 Uses OS PR AG AL RR GD RS CC HC M I USS* Office Home-Based Business P* P* P* P* P* P* 4.13 Office (Small) C P C P P P P Office (Large) C C C P P P Retail Retail (Small) C P P P C P Retail (Large) C C C P C Retail (Age-restricted) C* P* P* 4.1 Outdoor Market P P P P C Restaurant C C P P P C Drinking Establishment C C C P P Drive-Through Facility C C P Fuel Sales C C C C C P P Automotive Sales/Service C C C C P Conservation Area P Civic Ecological Reserve P Ecotourism Structure C* 4.12 Park C P P P P P Cemetery C C C C C P Funeral Home C P C P Crematorium C C C C C Hospital C C P Fire or Police Station P C P P P Library / Cultural Facility C P C P P P P = Permitted | C = Conditional | Underline = only as a secondary use | * = Use-Specific Standard Applies WESTLAKE-GLADSTONE ZONING BY-LAW 42 Uses OS PR AG AL RR GD RS CC HC M I USS* Civic Place of Worship P C P P P Rec. Centre or Facility P P C P P P Campground or RV Park C* C* C* C* 4.6 Golf Course C Public Works Facility C C P P P C Education Childcare Facility P P P P C P P School P C P P College or Trade School C P Industrial Industrial (Light) C P P Industrial (Heavy) P Home Industry P* P* C* 4.14 Mining and Extraction C* C* 4.20 Auto Salvage Yard C C C Renewable Energy Solar Collector (Commercial) C* C* P* P* P* P* 4.24 Solar Collector (On-Site Use) P* P* P* P* P* P* P* P* P* P* 4.24 Wind Energy Generating System Tower (Commercial) C* C* C* 4.25 Wind Energy Generating System (On-Site Use / Rooftop) P* P* P* C* C* P* P* C* 4.26 Other Uses Anhydrous Ammonia Storage Facility C* C* 4.2 Dangerous Goods or Agrichemical Storage Facility C* C* C* C* 4.7 Sewage Treatment Site (Lagoon) C* C* 4.22 Solid Waste Disposal Site (Landfill) C* C* 4.23 Parking Structure or Surface Lot C C C C C P = Permitted | C = Conditional | Underline = only as a secondary use | * = Use-Specific Standard Applies WESTLAKE-GLADSTONE ZONING BY-LAW 43 Table B.2: Bulk Regulations Table (Metric) OS PR AG AL RR GD RS CC HC M I Site Dimensions Site Area (Minimum) - - 32 ha (a) 32 ha (a) 0.8 ha 460 m2 460 m2 460 m2 1390 m2 460 m2 930 m2 Site Area (Maximum) - - - - - - 1393 m2 2320 m2 9290 m2 - - Site Width (Minimum) - - 200 m 200 m 30 m 15 m 15 m 15 m 22 m 22 m 30 m Site Width (Maximum) - - - - - - 30 m 30 m - - - Site Coverage (Maximum) - - - - 50% - 60% 90% 70% 70% 60% Required Yards Front Yard (Minimum) 38 m 7.5 m* 38 m 38 m 9.1 m 7.5 m* 7.5 m* 0 m 38 m* 7.5 m* 7.5 m* Front Yard (Maximum) - - - - - - - 2 m - - - Side Yard (Minimum) 7.5 m 3.5 m 7.5 m 7.5 m 1.5 m 2 m 1.5 m 0 m 6 m** 4.5 m** 3.5 m Side Yard (Maximum) - - - - - - - 4.5 m - - - Rear Yard (Minimum) - 7.5 m 7.5 m 7.5 m 7.5 m 2 m 4.5 m 1 m 4.5 m** 7.5 m 7.5 m Height Principal Building Height (Minimum) - - - - - - - 2 storey (8.5 m) - - - Principal Building Height (Maximum) 1 storey (4.25 m) 2 storey (8.5 m) - - 2 storey (8.5 m) 2 storey (8.5 m) 2 storey (9.0 m) 4 storey (17 m) 3 storey (13 m) 3 storey (13 m) 3 storey (13 m) Accessory / Secondary Structures Front Yard (Minimum) NP NP 7.5 m 7.5 m NP NP NP NP NP NP NP Side Yard (Minimum) NP 7.5 m 4.5 m 4.5 m 1 m 1 m 1.5 m NP 4.5 m 4.5 m 1 m Rear Yard (Minimum) NP 7.5 m 4.5 m 4.5 m 1 m 1 m 1.5 m NP 4.5 m 4.5 m 1 m Separation from Principal Building (Minimum) NP 1 m 3 m 3 m 3 m 3 m 2 m NP 2 m 2 m 2 m Height (Maximum) NP 1 storey (4.25 m) - - 1 storey (4.25 m) 1 storey (4.25 m) 1 storey (4.25 m) NP 3 storey (13 m) - 1 storey (4.25 m) (a) For General Agriculture and Livestock Operations only. 2 hectare minimum site area and 38.1 m site width minimum for all other uses. *For corner lots, one required yard adjacent to a street can be 50% less than the required minimum. **For those sites adjacent to residential properties or residentially zoned land, a 7.5m setback is required. NP: Accessory / secondary structures are not permitted in this part of the yard WESTLAKE-GLADSTONE ZONING BY-LAW 44 Table B.2: Bulk Regulations Table (Imperial) OS PR AG AL RR GD RS CC HC M I Site Dimensions Site Area (Minimum) - - 80 acres (a) 80 acres (a) 2 acres 5,000 sq. ft. 5,000 sq. ft. 5,000 s.f. 15,000 sq. ft. 5,000 sq. ft. 10,000 sq. ft. Site Area (Maximum) - - - - - - 15,000 sq. ft. 25,000 s.f. 100,000 sq. ft. - - Site Width (Minimum) - - 660 ft. 660 ft. 100 ft. 50 ft. 50 ft. 50 ft. 75 ft. 75 ft. 100 ft. Site Width (Maximum) - - - - - - 100 ft. 100 ft. - - - Site Coverage (Maximum) - - - - 50% - 60% 90% 70% 70% 60% Required Yards Front Yard (Minimum) 125 ft. 25 ft.* 125 ft. 125 ft. 30 ft. 25 ft.* 25 ft.* 0 ft. 125 ft. 25 ft. 25 ft. Front Yard (Maximum) - - - - - - - 6 ft. - - - Side Yard (Minimum) 25 ft. 12 ft. 25 ft. 25 ft. 5 ft. 6 ft. 5 ft. 0 ft. 20 ft.** 15 ft.** 12 ft. Side Yard (Maximum) - - - - - - - 15 ft. - - - Rear Yard (Minimum) 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 6 ft. 15 ft. 0 ft. 15 ft.** 25 ft. 25 ft. Height Principal Building Height (Minimum) - - - - - - - 2 storey (28 feet) - - - Principal Building Height (Maximum) 1 storey (14 feet) 2 storey (28 feet) - - 2 storey (28 feet) 2 storey (28 feet) 2 storey (30 feet) 4 storey (56 feet) 3 storey (42 feet) 3 storey (42 feet) 3 storey (42 feet) Accessory / Secondary Structures Front Yard (Minimum) NP NP 25 ft. 25 ft. NP NP NP NP NP NP NP Side Yard (Minimum) NP 25 ft. 15 ft. 15 ft. 3 ft. 3 ft. 5 ft. NP 15 ft. 15 ft. 3 ft. Rear Yard (Minimum) NP 25 ft. 15 ft. 15 ft. 2 ft. 2 ft. 5 ft. NP 15 ft. 15 ft. 2 ft. Separation from Principal Building (Minimum) NP 4 ft. 10 ft. 10 ft. 10 ft. 6 ft. 6 ft. NP 6 ft. 6 ft. 6 ft. Height (Maximum) NP 1 storey (14 feet) - - 1 storey (14 feet) 1 storey (14 feet) 1 storey (14 feet) NP 3 storey (42 feet) - 1 storey (14 feet) (a) For General Agriculture and Livestock Operations only. 5 acre minimum site area and 125 ft. site width minimum for all other uses. *For corner lots, one required yard adjacent to a street can be 50% less than the required minimum. **For those sites adjacent to residential properties or residentially zoned land, a 25 ft. setback is required. NP: Accessory / secondary structures are not permitted in this part of the yard WESTLAKE-GLADSTONE ZONING BY-LAW 45 PART 4: Use-Specific Standards Regardless of whether a use is allowed as a permitted or a conditional use, and regardless of the zoning district in which the use is located, the following standards for specific uses must be met, except as otherwise provided in this By-law or by a Conditional Use or Variance Order: Age-Restricted Retail 4.1 Standards for Age-Restricted Retail Age-restricted retail refers to stores that sell explicit sexual material, cannabis, tobacco, liquor, or other products that are not permitted to be sold to minors. Age-restricted retail stores must ensure that minors are not permitted inside the premises and that minors cannot view the age- restricted products from outside the store. Anhydrous Ammonia Storage Facilities 4.2 Separation Distances for Anhydrous Ammonia Storage Facilities Anhydrous Ammonia Storage Facilities shall be located at a minimum distance of: a) 1500 meters (5,000 feet) from the lot line of any evacuation-sensitive facilities such as schools, hospitals, senior citizens' homes, and other institutional facilities; b) 1500 meters (5,000 feet) away from any village or settlement centre; c) 500 meters (1,640 feet) from any dwelling; d) 50 meters (160 feet) away from any creek, stream, or environmentally sensitive area; e) 100 meters (330 feet) from the edge of the right-of-way of a Provincial Road or Highway. Animal Keeping 4.3 Standards for Animal Keeping The following requirements must be met for all cases where livestock or other animals (excluding pets) are sheltered, bred, raised, or sold and where the amount of animals kept on one site do not meet or exceed 10 Animal Units (AU), cumulative across species (see the Plug-In section for Livestock Operations for a table that determines animal units): a) A maximum of 1 Animal Unit (cumulative across species) is permitted for every 8,094 meters2 (2 acres) of site area b) The keeping of livestock must adhere to all other local, Provincial and Federal health and agriculture regulations in addition to the standards in this By-Law; c) Any ground-level structure intended for the keeping of animals must maintain a minimum setback of 4.5 meters (15 feet) from any site line; d) Animal feed must be properly stored in enclosed vessels, and areas or enclosures intended for the keeping of animals must be properly cleaned and maintained to prevent odours from spreading onto abutting properties. Apiary (Beekeeping) 4.4 Standards for Apiaries An apiary must meet all of the following standards: a) In the RR and I zones, no hives shall be located within 7.5 meters (25 feet) of a site line unless located in compliance with the following: a. The hive's base is set at a minimum height of 2.5 meters (8 ft) above grade; or 4 WESTLAKE-GLADSTONE ZONING BY-LAW 46 b. It is located behind a solid fence or hedge 2 meters (6 feet) in height located parallel to an adjacent property line and extending a minimum of 6 meters (20 feet) horizontally behind the hive in either direction. b) Every landowner who allows the keeping of bees on their property has the duty to ensure the maintenance of the beehives. The bees must be requeened if they swarm or show signs of aggressive behaviour. Bed and Breakfast / Short-Term Rental 4.5 Standards for Bed and Breakfasts A bed and breakfast shall only be allowed on a site in a zone in which it is a Permitted or Conditional Use if it meets all of the following requirements: a) No more than 8 patrons shall be accommodated within 1 dwelling unit; b) No more than 5 bedrooms shall be used for the bed and breakfast operation; c) 1 additional on-site parking spot shall be provided for each bedroom that is used for the bed and breakfast operation; and d) Signs shall follow the regulations for home-based businesses in the zone in which the bed and breakfast is located. Campground or RV Park 4.6 Standards for Campgrounds or RV Parks A campground or recreational vehicle (RV) park shall only be allowed on a site in a zone in which it is a Permitted or Conditional Use if it meets all of the following requirements: a) More than one camp space or recreational vehicle (RV) may be permitted on a zoning site in a campground or RV park; b) A campground or RV park must provide a roadway with an all-weather surface that serves all sites, with a driving surface a minimum of 4 meters (13 feet) wide; c) A campground or RV park must provide storage of refuse in a sanitary manner at a location not more than 150 meters (500 feet) from any dwelling; d) A campground or RV park must provide clear numbered identification of each camping space; e) A campground or RV park must provide a centrally located recreation area equivalent to a minimum area of 20 square meters (215 square feet) per camping space. Dangerous Goods or Agrichemical Storage Facility 4.7 Separation Distances for Dangerous Goods or Agricultural Storage Facilities Dangerous Goods or Agrichemical Storage Facilities shall be located at a minimum distance of 50 meters (165 feet) from the site lines of any RR RS CC and I zones. Dwelling, Cottage 4.8 Standards for Cottage Dwellings A cottage dwelling designation is intended for 3-season recreational properties that are not primary residences. a) For cottages, the front yard is considered to be on the lakefront side when a lot borders on a lake or other water feature, with the rear yard on the access road side of the lot. WESTLAKE-GLADSTONE ZONING BY-LAW 47 b) Cottages shall generally be sited so as to minimize the rear yard (while respecting a minimum rear yard setback of 7.6 meters (25 feet)) adjacent to the access road to the site so as to maximize the front yard distance. c) The front yard requirement for cottages in the existing subdivisions along Lake Manitoba is established by all the area to the front (towards the lake) of a line drawn parallel to the rear site line and perpendicularly distant by the distance as noted for each lot in Plan 51388 and Plan 58642. Dwelling, Multi-Unit 4.9 Standards for Multi-Unit Dwellings A multi-unit dwelling shall: a) Only be located above the 1st storey of the building in the CC and HC zones; b) Have no required side yard (contrary to Tables B.1 & B.2) on a side that shares a party wall with a building on an adjacent site. Dwelling, Single-Unit 4.10 Standards for Single-Unit Dwellings There shall be a maximum of one single-unit dwelling per site or parcel of land, except for the following exceptions which may be considered as a Conditional Use: a) Dwelling units which are required for employees or family members in the AG or AL zones; b) Two-unit dwellings or multi-unit dwellings where allowed; c) Garden suites as an accessory to a primary residence; or d) Communal farm dwellings for communal living groups such as Hutterite colonies. Dwelling, Two-Unit 4.11 Standards for Two-Unit Dwellings A two-unit dwelling shall have no required side yard on the side that has a party wall shared with the other dwelling unit (contrary to Tables B1 & B2). Ecotourism Structures 4.12 Standards for Ecotourism Structures Ecotourism structures include picnic shelters, observation platforms, interpretive centres, boardwalks, and lodging options such as yurts and Parks Canada-style Otentiks. Ecotourism structures must meet all of the following standards: a) Be "off-grid", that is not connected to piped water or sewer services; b) Collect any wastewater in holding tanks; c) Use small-scale on-site solar or wind-powered generators to provide electricity where needed. Home-Based Businesses and Home Industries 4.13 Standards for Home-Based Businesses Home-based businesses must: a) Be conducted by a person or persons residing in the dwelling; WESTLAKE-GLADSTONE ZONING BY-LAW 48 b) Not have more than 4 people employed or otherwise engaged in the business who do not reside in the dwelling; c) Not have processing or outside storage of goods in the RS and CC zones; d) Not have more than 30% of the total floor area of buildings on the site devoted to the business; and e) Have a maximum of 1 business sign, either freestanding or affixed to the wall of a principal or accessory building, not exceeding: i) 40 square feet in the zones AG, AL, and RR. ii) 10 square feet in all other zones where home-based businesses are allowed. 4.14 Standards for Home Industries A Home Industry may be allowed in zones where it is a Permitted Secondary Use or a Conditional Secondary Use only if the following standards are met: a) In the RR zone, exterior storage of products or materials must be limited to the rear yard. The storage shall not project above the height of a fence or screening. b) In the RR zone, the area used to carry out the Home Industry shall not occupy more than 100 square meters (1076 square feet). c) Signage for the Home Industry shall be located on the subject property and limited to one non-illuminated (or indirectly-illuminated) sign not to exceed: i) 3 square meters (32 square feet) in the AG or AL zones; or ii) 1.5 square meters (16 square feet) in the RR zone. d) A Home Industry shall be conducted by a resident or residents of the dwelling unit to which the Home Industry is secondary, and may employ a maximum of: i) 5 non-resident persons in the AG or AL zones; or ii) 2 non-resident persons in the RR zone. e) The proponent of the Home Industry must obtain a Development Permit before establishing or expanding a Home Industry on a site. f) In the case of rental premises, the proponent will be required to obtain the permission of the owner of the premises before a Development Permit will be issued. Livestock Operations 4.15 Standards for Livestock Operations Livestock operations shall: a) Meet the separation distances as stipulated in the development plan and based on the animal unit calculations and criteria outlined in Table 5 and Table 6. Mutual separation distances to single residences will be measured to the building itself; separation distances to designated areas will be measured to the boundaries of the designated areas found in the development plan, not the buildings within. b) Be subject to the following conditions, if imposed by council: i. Measures to ensure conformity with the development plan, any adopted secondary plan, and the zoning by-law. ii. Either or both of the following measures to reduce odours from the operation: a. Covering manure storage facilities; or WESTLAKE-GLADSTONE ZONING BY-LAW 49 b. The establishment of shelterbelts. iii. Enter into a development agreement regarding one or more of the following: a. The timing of construction; b. The control of traffic; c. The construction and maintenance of roads, fencing, landscaping, drainage works, shelterbelts; and/or d. The payment of a sum of money to the board or council to be used by the board or council to construct any of the items mentioned above. 4.16 Additional Standards for Large Livestock Operations In addition to the standards in Section 4.15, an application for approval of a livestock operation involving 300 or more animal units (cumulative across species) shall: a) Be sent to the minister for referral to the Technical Review Committee for review. b) Be subject to the following condition (if imposed by council): measures to implement recommendations of the Technical Review Committee. Table 5 : Animal Units By Category of Livestock Animal Type Animal Units (AU) produced by one animal Number of animals to produce one AU Dairy Milking Cows, including associated livestock 2 0.5 Beef Beef Cows, including associated livestock 1.25 0.8 Backgrounder 0.5 2 Summer pasture / replacement heifers 0.625 1.6 Feeder Cattle 0.769 1.3 Hogs Sows, farrow to finish 1.25 0.8 Sows, farrow to weanling 0.25 4 Sows, farrow to nursery 0.313 3.2 Weanlings 0.033 30 Growers / finishers 0.143 7 Boars (artificial insemination operations) 0.2 5 Chickens Broilers 0.005 200 Roasters 0.01 100 Layers 0.0083 120 Pullets 0.0033 300 Broiler Breeder Pullets 0.0033 300 Broiler Breeder Hens 0.01 100 WESTLAKE-GLADSTONE ZONING BY-LAW 50 Turkeys Broilers 0.01 100 Heavy Toms 0.02 50 Heavy Hens 0.01 100 Horses Mares, including associated livestock 1.333 0.75 Sheep Ewes, including associated livestock 0.2 5 Feeder Lambs 0.063 16 Table 6 : Minimum Separation Distances for Siting Livestock Operations Size of Livestock Operations in Animal Units (A.U.) Separation Distance in Metres (Feet) from Single Residence Separation Distance in Metres (Feet) from Designated Areas To Earthen Manure Storage Facility or Feedlot To Animal Confinement Facility and Non-earthen Manure Storage Facility To Earthen Manure Storage Facility or Feedlot To Animal Confinement Facility and Non-earthen Manure Storage Facility 10-100 200 (656) 100 (328) 800 (2625) 530 (1739) 101-200 300 (984) 150 (492) 1200 (3937) 800 (2625 201-300 400 (1,312) 200 (656) 1600 (5,249) 1070 (3,511) 301-400 450 (1,476) 225 (738) 1800 (5,906) 1200 (3,937) 401-800 500 (1,640) 250 (820) 2000 (6,561) 1330 (4,364) 801-1600 600 (1,968) 300 (984) 2400 (7,874) 1600 (5,249) 1601-3200 700 (2,297) 350 (1,148) 2800 (9,186) 1870 (6,135) 3201-6400 800 (2,625) 400 (1,312) 3200 (10,499) 2130 (6,988) 6401-12,800 900 (2,953) 450 (1,476) 3600 (11,811) 2400 (7,874) >12,800 1000 (3,281) 500 (1,640) 4000 (13,123) 2670 (8,760) Mobile Homes 4.17 Standards for Mobile Homes Mobile homes require a Development Permit. No mobile home located in the Municipality shall receive a Development Permit unless it complies with the following regulations: WESTLAKE-GLADSTONE ZONING BY-LAW 51 a) All mobile homes, even those constructed outside the municipality, must meet the structural standards in The Buildings and Mobile Homes Act, and the municipal Building By-law. b) A mobile home, when located permanently on a site, must: i) Be connected to municipal sewer and water services when such services are available on the site; ii) Be placed and anchored on a permanent foundation or pad; iii) Have skirting that screens the view of the foundation supports or wheels. 4.18 Standards for Mobile Home Parks A mobile home park must meet the following requirements: a) More than one mobile home may be permitted on an approved mobile home park site; b) A mobile home park must provide a roadway with a driving surface a minimum of 5 meters (16.5 feet) wide with an all-weather surface that serves all dwellings that meets the municipal roadway, lighting, and water drainage standards; c) A mobile home park must provide clear identification of each dwelling space and its boundaries; d) A mobile home park must provide a centrally located common park space or recreation area equivalent to a minimum area of 40 square meters (430 square feet) per dwelling space; and e) An application for a mobile home park must be accompanied with a detailed site plan, including: i) Location of the site boundaries; ii) Foundations, pads, or mobile home sites; iii) Accessory buildings; iv) Internal roads; v) Sidewalks and active transportation paths; vi) Vehicle parking; vii) Systems supplying electrical power, water, and sewage disposal. Mixed-Use Building 4.19 Standards for Mixed-Use Buildings Mixed-use buildings are permitted if they comply with the following regulations: a) The ground floor shall have at least half its floor area devoted to retail or office use. b) The second floor and any additional stories shall be exclusively devoted to residential units. Mining and Extraction 4.20 Standards for Mining and Extraction Operations A Development Permit shall be required for any development of a commercial mining or extraction operation. Before a Development Permit is issued, an applicant must provide the Municipality with the following: a) In the case of Crown quarry minerals, proof of the issuance of a Provincial Lease or Casual Permit under Manitoba Quarrying Minerals Regulations; b) A plan showing areas and means for goods and waste transportation; WESTLAKE-GLADSTONE ZONING BY-LAW 52 c) A site plan showing the operation, the manner in which extraction or development will occur, the means of visual buffering and noise and dust protection; and d) A plan for the rehabilitation and intended use(s) of the site upon completion of the operation phase, subject to Provincial Regulations. Secondary Suites 4.21 Standards for Secondary Suites Secondary suites are only permitted if they comply with the following regulations: a) Not more than 1 secondary suite shall be permitted. b) The maximum floor area of the secondary suite shall not exceed 80 square meters (860 square feet) or 40% of the total habitable floor space of the principal building (whichever is greater). c) Detached secondary suites must follow the setback standards for accessory buildings and structures in the Siting Table. d) The secondary suite shall be connected to the sewer and water systems of the primary residence. Sewage Treatment Site (Lagoon) 4.22 Standards for Sewage Treatment Sites (Lagoons) A mutual separation distance of 300 meters (1,000 feet) shall be maintained between a dwelling and a sewage treatment site or lagoon. Solid Waste Disposal Site 4.23 Standards for Waste Disposal Sites A mutual separation distance of 400 meters (1,320 feet) shall be maintained between a dwelling and a waste disposal site. Solar Collectors 4.24 Standards for Solar Collectors A Solar Collector must meet the following standards: a) Any solar collector not connected to a building shall adhere to the same setbacks and height restrictions for secondary/accessory buildings in the zone in which the installation is situated. b) A roof or wall-mounted solar collector shall not exceed, in size, the total square footage of the principal structure. c) A solar collector that is mounted on a roof may project a maximum of 1.5 meters (6.5 feet) from the surface of the roof and must not extend beyond the outermost edge of the roof. d) A solar collector that is mounted on a wall may project a maximum of 0.6 meters (2 feet) from the surface of that wall and must be located a minimum of 2.4 meters (8 feet) above grade. WESTLAKE-GLADSTONE ZONING BY-LAW 53 Wind Energy Generating System Tower (Commercial) 4.25 Standards for Wind Energy Generating System Tower (Commercial) A commercial Wind Energy Generating System tower must meet the following standards: a) It is set back no less than 1.5 times the total turbine height from the property line and any public road or railway right of way. b) It is set back no less than 30 meters (100 feet) from a water body or waterway. c) The minimum separation distance between a commercial wind energy generating system tower and the nearest habitable building shall be 500 meters (1640 feet). d) It contains no commercial advertising other than the manufacturer's or owner's name or logo. e) It contains no artificial lighting other than the lighting that is required by Federal and Provincial regulation. f) As part of their development permit application, proponents for Wind Generation System must submit a detailed site plan showing the location of all wind generating devices, associated accessory buildings or structures, electrical lines (above or below ground) on-site roads and driveways providing access to the public road system. Wind Energy Generating Systems (On-Site / Rooftop) 4.26 Standards for Wind Energy Generating Systems (On-Site / Rooftop) An on-site Wind Energy Generating System must meet all of the following standards: a) It is set back at least 6 meters (20 feet) from the front building line, or, in the case of corner lots, at least 4.5 meters (15 feet) from the front and side lot line. b) It is limited to a total turbine height of no more than 4.5 meters (15 feet) above the rooftop c) It is safely and securely attached to the rooftop in compliance with the National and Provincial Building Codes. WESTLAKE-GLADSTONE ZONING BY-LAW 54 PART 5: Administration This By-Law shall be administered in accordance with the provisions of The Act and this PART. 5.1 Administration and Enforcement In the administration and enforcement of this by-law, the Municipality shall have all of the powers of inspection, remedy and enforcement provided under Part 12 of The Planning Act. 5.2 Conflicting By-Law Provisions Where two or more provisions of this by-law are in conflict, the more restrictive provision shall apply, subject to the review of the Development Officer. 5.3 When Development Permits are Required A development permit is required for any of the following, except as otherwise provided for in this by-law: a) The erection, construction, enlargement, structural alteration or placing of a building or structure, either permanent or temporary; b) The establishment of a use of land or a building or structure; c) The change of a use of land or a building or structure from the existing use to a use which is not a permitted use; and d) The alteration or enlargement of an approved conditional use. 5.4 Development Permits and Other Permits The issuance of a development permit in respect of building or structure does not affect the obligation to obtain a building permit or other permit where required under the building by-law, or another law, by-law or regulation, for such a building or structure. 5.5 When Development Permits are Not Required A development permit is not required for the following: a) Incidental alterations; b) Agricultural cropping of land; c) The erection, construction, enlargement, structural alteration or placing of the following as accessory structures: i) Fences, below 4 feet in height, ii) Signs, not including advertising signs where they are conditional uses, iii) Outdoor Lighting, iv) Flagpoles, v) Sheds and buildings for the storage of domestic equipment and supplies with a floor area of less than 120 square feet, vi) children's playhouses or play structures, vii) Private sewage disposal systems, viii) Private communications facilities, or ix) Unenclosed patios at grade level. d) Despite not requiring a development permit, all items in this provision shall be subject to requirements of this by-law. 5 WESTLAKE-GLADSTONE ZONING BY-LAW 55 5.6 Applications for Development Permits An application for a development permit: a) Shall be made by the owner or owners of the parcel in question, or by a person authorized in writing by them. b) Shall be accompanied by plans drawn to scale showing the following: i) The shape and dimensions of the parcel to be used or built on; ii) The location and dimensions of existing buildings and structures; iii) The location and dimensions of any proposed building, structure, enlargement or alteration; iv) The use or uses of each existing and proposed building and structure, or of the land, and the area to be occupied by each use; and v) Vehicular access, utility connections, parking areas, loading areas, or signage (where applicable). c) Shall be accompanied by the fee prescribed by the Municipality. 5.7 The Development Officer The position of the Development Officer is hereby established. The person appointed as Development Officer by Council shall be a designated officer for the purposes of The Planning Act. 5.8 Roles of the Development Officer The Development Officer shall have the authority to: a) Issue development permits and exercise the powers of administration, inspection, remedy and enforcement provided in Part 12 of The Planning Act. b) Refuse to issue a development permit where i) The development permit application, or any information accompanying the development permit application, is incorrect or incomplete; ii) The proposed building, structure or use does not, to the development officer's knowledge, comply with this zoning by-law, the WestLake-Gladstone Building By- Law, or with any other law. c) Revoke a development permit where the development permit was issued in error. d) Make a minor variance order, without the need for a public hearing, for any proposed change that varies: i) Any height, distance, area, size or intensity of use requirement in the zoning by-law by no more than 20%; or ii) The number of parking spaces required by the zoning by-law by no more than 20%. 5.9 Application for Amendments, Variances, and Conditional Uses An application for a variance, or conditional use, or an amendment to this by-law must be in the proper form and must be accompanied by the fee prescribed by the Council. The application must also be accompanied by: i) Plans drawn to scale showing the shape and dimensions of the affected property; ii) Plans drawn to scale showing the location and dimensions of existing buildings and structures; WESTLAKE-GLADSTONE ZONING BY-LAW 56 iii) Plans drawn to scale showing the location and dimensions of the proposed building, structure, enlargement or alteration; iv) A description of the use or uses of each existing and proposed building or structure, or of the land and the area to be occupied by each use; v) A description of the reason why the variance, conditional use, or amendment to this by-law is being requested; and vi) Any other information required by the Development Officer to determine compliance with, and to provide for enforcement of, this by-law. WESTLAKE-GLADSTONE ZONING BY-LAW 57 PART 6: Definitions 6.1 Definitions in the Planning Act Terms not defined in this by-law which are defined in The Planning Act have the meaning provided in that Act. 6.2 Definitions in this By-Law Where the following terms appear in this by-law, they have the meaning provided as follows: Accessory means a use, building or structure that is naturally and normally incidental, subordinate in purpose or area, or both, and exclusively devoted to the use, building, or structure to which it is accessory. A use shown as a conditional use in the Use Tables A.1 & A.2 cannot be accessory to a use shown as a permitted use for the same zone. Agri-Business means an establishment that provides goods or services to the agricultural sector, including (but not limited to) farm equipment and machinery repair shops, feed operations, livestock auction marts, and commercial seed cleaning plants. Alterations, Incidental means changes or replacements in the non-structural parts of a building or structure, including, but not limited to the following: (i) An addition, alteration, removal, reconstruction or replacement on the non-structural exterior of a residential building; (ii) An addition, alteration, removal, reconstruction or replacement of any unroofed driveway, sidewalk, patio or any accessory building floor; (iii) Alteration of non-load bearing interior partitions in all types of buildings; (iv) Replacement of, or changes in, the capacity of utility pipes, ducts or conduits; (v) Replacement and placement of necessary roofing materials, awnings, eaves, overhangs and related structures, provided the area and height of the roof are not increased; (vi) The addition and replacement of interior structures such as furnaces, fuel tanks, water heaters, fireplaces or wood stoves; (vii) Replacement of exterior building facades. Alterations, Structural means any change, which prolongs the life of the supporting members of a building or structure, which includes, but is not limited to, bearing walls, columns, beams or girders. Animal Keeping means a use where livestock or other animals (excluding pets) less than 10 animal units (cumulative across species) are sheltered, bred, raised, or sold. This includes, but is not limited to, stables and kennels. Apiary means any place where bees are kept. Apiaries are considered as part of agricultural operations in agricultural zoning districts, and as separate use subject to Use-Specific Standards in non-agricultural zoning districts. 6 WESTLAKE-GLADSTONE ZONING BY-LAW 58 Building has the meaning provided in The Planning Act, except that it does not include a well, pipeline, excavation, cut, fill, or transmission line. Cannabis means cannabis as defined in the Cannabis Act (Canada). Cannabis Distributor means a person who holds a cannabis distributor licence issued under the Liquor, Gaming and Cannabis Control Act. Cannabis Retail Store means the premises specified in a retail cannabis licence where the retail sale of cannabis is authorized. Controlled Area means the area between the limited access highway or freeway and the control line in relation thereto (this definition is from the Highways Protection Act). Control Line is defined in the Highways Protection Act. In the majority of cases (some exceptions exist), existing statutory control areas in relation to highway classifications are shown in the table below (Transportation Planning Resource Guide, p. 15). Council means the Mayor and Council of the Municipality of WestLake-Gladstone. Crematorium means a facility containing a certified furnace or similar device intended for use in the incineration of human or animal corpses. Design Flood means a flood magnitude on a water body that, on average, is expected to occur once during a two hundred year period. Designated Area means an area designated for use as an urban centre, settlement centre, rural residential area, cottage area, park area or recreational area in the applicable development plan. Drinking Establishment means a building or portion of a building, which is licensed by the Government of Manitoba, where the principal purpose is the sale of alcoholic beverages to the public, for consumption on the premises. Drive-Through Facility means a facility designed to provide goods or services to the persons in standing (as opposed to parked) motor vehicles, including but not limited to a drive-through restaurant or bank. Dwelling means one or more rooms used or intended to be used as a single housekeeping unit with cooking, sleeping and sanitary facilities. WESTLAKE-GLADSTONE ZONING BY-LAW 59 Dwelling, Multi-Unit means a building, located on a single site, containing three (3) or more dwellings (for example, row houses, town houses, or apartment buildings). Dwelling, Single-Unit means a building, located on a single site, containing one dwelling. Dwelling, Two-Unit means a building, located on a single site, containing two dwellings (for example, a duplex or a side-by-side). Dwelling, Live-Work means a dwelling unit that includes working space accessible from the living area, regularly used by one or more of the residents of the dwelling unit, but does not include a home-based business. General Agriculture means an agricultural operation as defined in the Provincial Planning Regulation but does not include a livestock operation. Grade means the average level of finished ground adjoining a building or structure at all exterior walls, as determined by the Development Officer. Grading means the shaping or sloping of land. Harvesting in Open Space means the gathering of naturally growing foods and plants such as berries, mushrooms, and wild rice. Height means the total number of storeys in a building or the vertical distance measured from grade to: a) The highest point of the roof surface of a flat roof; b) The deck or eaves of any other roof type. Home Industry means a light manufacturing operation that is carried out as a secondary use on the same site as a dwelling. Industrial, Heavy means a use of land that includes the assembly, fabrication, storage, or processing of goods and materials that may have impacts in terms of noise, fumes, odours, or safety hazards outside of the structures in which the use takes place. Industrial Hemp means the growing of industrial hemp plants (those containing 0.3 per cent THC or less) and associated activities. Industrial, Light means a use of land that includes the assembly, fabrication, storage, or processing of goods and materials that do not create noise, fumes, odours, safety hazards outside of the structures in which the use takes place. Livestock Operation means a permanent or semi-permanent facility or non-grazing area where at least 10 animal units of livestock are kept or raised either indoors or outdoors, and includes all associated manure collection facilities, but does not include an auction mart. 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. Mobile Home means a portable dwelling unit that is designated to be used as long-term living quarters and that: a) is capable of being transported on its own chassis and running gear by towing or other means, or WESTLAKE-GLADSTONE ZONING BY-LAW 60 b) is placed on the chassis or body of a motor vehicle, or c) forms part of a motor vehicle. Municipality shall mean the Municipality of WestLake-Gladstone. Office means the use of a building or a portion of a building for the provision of services to a business, an organization, or to the public. It does not include the manufacturing of any product or the retail sales of goods. Office (Small) means a building or portion of a building where the office use occurs in a space with a ground floor area less than 465 square meters (5,000 square feet). Office (Large) means a building or portion of a building where the office use occurs in a space with a ground floor area equal to or greater than 465 square meters (5,000 square feet). Parking Structure means an enclosed structure or facility where motor vehicles may be stored for purposes of temporary, daily, or overnight off-street parking as a principal use. The facility may be above, below, or partially below ground and includes parking garages and parking decks. 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. Party Wall means a wall forming part of a building and used for separation of adjoining buildings occupied, constructed or adapted to be occupied by different persons or businesses. Place of Worship means a building (for example: a church, chapel, mosque, synagogue, or temple) primarily used for religious purposes. Portable garage means a temporary structure intended to store goods or materials that may consist of metal or steel frame and is covered by such material as canvas, plastic, polyethylene, various types of fabric or similar materials. Principal Use means the primary or predominant activity on any lot or within any building or structure. Principal Building means a structure on a site used to accommodate the principal use. Private Communications Facilities means outdoor equipment and structures required for the purposes of transmitting or receiving television, radio, microwave, radar, laser, or similar communications signals. These facilities may include, but are not limited to: antennae, aerials, receiving dishes, transmission beacons, masts, and towers. Public Utility means a system furnishing water, sewage collection, electricity, telecommunication services, gas or similar services to properties by means of pipes, lines and other equipment located on or under public roads and other rights-of-way. It does not include private for-profit or commercial-scale wind or solar generating systems. Recreational Vehicle (RV) means a portable dwelling unit that is designated to be used as short-term accommodation for travel, recreation, or vacation purposes and that: a) is capable of being transported on its own chassis and running gear by towing or other means, or b) is placed on the chassis or body of a motor vehicle, or c) forms part of a motor vehicle. Retail means the use of a building or portion of a building where goods, wares, merchandise, or similar items are offered for sale directly to the public. WESTLAKE-GLADSTONE ZONING BY-LAW 61 Retail (Small) means a building or portion of a building where the retail use occurs in a space with a ground floor area less than 465 square meters (5,000 square feet). Retail (Large) means a building or portion of a building where the retail use occurs in a space with a ground floor area equal to or greater than 465 square meters (5,000 square feet). Secondary means a use or structure that takes place on the same site as a principal use or structure that is not naturally and normally carried out as part of that principal use (e.g. a daycare in an office building). Secondary Suite means a second dwelling unit detached from, attached to or within a principal building, that provides basic requirements for living, sleeping, cooking, and sanitation while connected to the sewer and water systems of the primary residence. Serviced Lot means a lot with the ability to connect to a municipal sewer system. Sign means any writing, illustration, or emblem, which directs attention to a building, use, business, commodity, service, or entertainment. Sign, Advertising means a sign directing attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the same site where the sign is located. Sign, Fascia means a sign or individual letters attached to or inscribed on a wall or other surface 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 0.5 metres (1.5 feet) from the face of such wall. May include a sign attached to a marquee. Sign, Projecting means a sign attached to a building, which extends perpendicularly beyond the surface of that portion of the building to which it is attached. Sign, Free-Standing means a sign supported by one or more poles, braces or anchors that are placed permanently in the ground and that are independent from any building or other structure. Free-standing signs may include (but are not limited to) billboard signs and signs that are attached to fences. Sign, Awning means a sign that is incorporated into the material of an awning. Sign, Mobile means a sign which is mounted on a trailer, stand, or other support structure which is designed in such a manner that the sign can be readily taken down or relocated, and which may include copy that can be changed through the use of removable characters, panels, or by electronic means. Sign, Digital means a sign that uses electronic screens, light emitting diodes, or similar technology. Digital signs may include (but are not limited to) digital reader boards or digital static copy screens. Sign, Inflatable means a three-dimensional device that is designed to be filled with air or gas, which may or may not incorporate writing, illustrations, or emblems. Single Residence means a dwelling that is not on the same lot as a livestock operation and includes a residence that is lawfully under construction or for which a permit of construction has been issued. WESTLAKE-GLADSTONE ZONING BY-LAW 62 Site means a whole lot or block in a registered plan of subdivision, or the aggregate of all contiguous land described in a certificate of title or in more than one certificate of title provided they are in the same ownership. Site, Corner means a site situated at the intersection of two (2) streets. Site, Interior means a site other than a corner site or a through site. Site, Through means a site having a pair of opposite site lines along 2 more-or-less parallel streets. Site Area means the computed amount of gross land area contained within the site lines. Site Coverage means the combined area of all buildings, structures, and paved surfaces on the site as a percentage of the site area, measured at the level of the lowest storey above the grade including all enclosed and insulated decks, sunrooms, porches and verandas, but excluding seasonal non-insulated structures, open or covered, such as decks, screen porches or veranda, patios at grade, steps, uncovered walks, wheelchair ramps, cornices, eaves and similar projections. Site Line means one of the boundaries of a site, which include: Site Line, Front means that boundary of a site along an existing or designated street. For a through site or corner site, the site lines along both streets shall be deemed front site lines. Where an irregular shaped site cannot have its site lines defined by this definition, the front site line shall be determined by the Development Officer. Site Line, Rear means that boundary of a site which is most nearly parallel to the front site line. Where an irregular shaped site cannot have its site lines defined by this definition, the rear site line shall be determined by the Development Officer. Site Line, Side means any boundary of a site which is not a front or rear site line. Site Width means the horizontal distance between the side site lines, measured at right angles to the site depth at a point midway between the front and rear site lines, or 40 feet from the front site line, whichever is the lesser. Solar Collector means a panel or other solar energy device with the primary purpose of gathering, storing, and distributing solar energy for electricity generation, space heating, space cooling, or water heating. Solar Collector, Commercial means a solar collector designed and built to provide electricity for commercial sale and distribution to the electricity grid (a solar farm, for example). Solar Collector, On-Site Use means a solar collector intended to primarily serve the electrical needs of the on-site user or consumer (either behind the meter or off-grid) rather than to produce power for resale. Rooftop Solar Collectors are a type of On-Site Use Solar Collectors. Solar Collector, Rooftop means a roof mounted solar collector and associated equipment for converting solar energy to power. Standard Cultivation means the large-scale growing of cannabis plants and harvesting material from those plants, as well as associated activities. Standard cultivation is considered part of agricultural operations and is permitted in agricultural and industrial zoning districts, subject to Federal Licensing requirements. WESTLAKE-GLADSTONE ZONING BY-LAW 63 Standard Processing 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. Standard processing is considered part of agricultural operations and is permitted in agricultural and industrial zoning districts, subject to Federal Licensing requirements. Storey means that portion of any building which is situated between the top of any floor and the top of the floor next above it; and if there is no floor above it, that portion between the top of such floor and the ceiling above it, but does not include a basement. Structure means a thing constructed or erected with a fixed location on or below the ground or attached to something with such a fixed location. It includes, but is not limited to, buildings, walls, fences, signs, billboards, light standards, and antennas. Total Turbine Height means the height from finished grade to the highest vertical point of a wind turbine's rotor blades. Upslope means the direction away from a watercourse or waterbody towards higher ground. It is typically perpendicular to the edge of the water. Wind Energy Generation System means any device or group of devices such as a wind charger, windmill or wind turbine that converts wind energy to electrical energy whether it is used for personal use or for generation of power for sale by an enterprise. Wind Energy Generating System, Commercial means a wind energy generating system designed and built to provide electricity for commercial sale and distribution to the electricity grid. Wind Energy Generating System, On-Site Use means a wind energy generating system intended to primarily serve the electrical needs of the on-site user or consumer (either behind the meter or off-grid) rather than to produce power for resale. Rooftop Wind Energy Generation Systems are a type of On-Site Use Wind Energy Generating System. Wind Energy Generation System, Rooftop means a roof mounted wind turbine(s) and associated equipment for converting wind energy to power. Yard means an open area between the exterior wall of a building and the boundaries of the site on which it is located. Yard, Required means the yard measured from a front, rear, or side site line towards the interior of the site within which no building or any part of a building may be located, except as provided in this by-law. WESTLAKE-GLADSTONE ZONING BY-LAW 64 SCHEDULE A: ZONING MAPS