Village of Warburg Land Use Bylaw 171/20 (Updated to November 13, 2023)

Warburg, Alberta · No. 171/20 · summary & facts

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Land Use Bylaw 171/20 Amended November 13, 2023 Land Use Bylaw The Village of Warburg Land Use Bylaw 171/20 Amended November 13, 2023 Land Use Bylaw 171/20 Amended November 13, 2023 Table of Contents ONE: ENACTMENT AND ADMINISTRATION 1 SECTION 1: TITLE 1 SECTION 2: PURPOSE 1 SECTION 3: APPLICATION 1 SECTION 4: EFFECTIVE DATE 1 SECTION 5: OTHER LEGISLATIVE REQUIREMENTS 1 SECTION 6: TRANSITION 1 TWO: INTERPRETATION 2 SECTION 7: UNITS OF MEASUREMENT 2 SECTION 8: RULES OF INTERPRETATION 2 SECTION 9: DEFINITIONS 3 THREE: DEVELOPMENT AUTHORITY 21 SECTION 10: DESIGNATED OFFICER 21 SECTION 11: MUNICIPAL PLANNING COMMISSION 21 SECTION 12: SUBDIVISION AND DEVELOPMENT APPEAL BOARD 21 FOUR: DEVELOPMENT PERMITS 23 SECTION 13: CONTROL OF DEVELOPMENT 23 SECTION 14: FEES 23 SECTION 15: WHEN A DEVELOPMENT PERMIT IS NOT REQUIRED 23 SECTION 16: NON-CONFORMING BUILDINGS AND USES 24 SECTION 17: APPLICATION FOR DEVELOPMENT PERMIT 24 SECTION 18: DECISION 26 SECTION 19: TEMPORARY PERMITS 27 SECTION 20: VARIANCE AUTHORITY 28 SECTION 21: NOTICE OF A PROPOSED DEVELOPMENT 28 SECTION 22: NOTICE AND VALIDITY OF DECISION 28 SECTION 23: CANCELLATION 29 SECTION 24: APPEALING A DECISION 29 SECTION 25: THE APPEAL PROCESS 30 FIVE: AMENDING THE BYLAW 31 SECTION 26: BYLAW AMENDMENTS 31 SECTION 27: CONTENTS OF AN AMENDMENT APPLICATION 31 SECTION 28: THE AMENDMENT PROCESS 32 SIX: CONTRAVENTION AND ENFORCEMENT 33 SECTION 29: CONTRAVENTION 33 SECTION 30: STOP ORDER 33 SECTION 31: OFFENCES AND PENALTIES 34 Land Use Bylaw 171/20 Amended November 13, 2023 SEVEN: GENERAL REGULATIONS 35 SECTION 32: APPLICABILITY 35 SECTION 33: BASEMENT SUITES 35 SECTION 34: BED AND BREAKFAST FACILITY 35 SECTION 35: BOARDING FACILITY 36 SECTION 36: BUILDING DESIGN, CHARACTER AND APPEARANCE 36 SECTION 37: CORNER / DOUBLE FRONTING LOT RESTRICTIONS 36 SECTION 38: DWELLING UNITS ON A PARCEL 37 SECTION 39: EASEMENTS 37 SECTION 40: ENVIRONMENTAL CONSERVATION 37 SECTION 41: FENCING AND SCREENING 38 SECTION 42: HOME OCCUPATIONS 39 SECTION 43: LIGHTING 39 SECTION 44: LOT GRADING AND DRAINAGE 40 SECTION 45: OBJECTS PROHIBITED OR RESTRICTED IN YARDS 40 SECTION 46: PERMITTED ENCROACHMENTS 41 SECTION 47: RELOCATION OF BUILDINGS OTHER THAN MOBILE HOMES 43 SECTION 48: SATELLITE DISH AND AMATEUR RADIO ANTENNAS 44 SECTION 49: TEMPORARY STRUCTURES 44 EIGHT: TRANSPORTATION FACILITIES 46 SECTION 50: PARKING 46 SECTION 51: ON-SITE LOADING REQUIREMENTS 51 SECTION 52: VEHICLES 51 NINE: SIGNS 53 SECTION 53: GENERAL PROVISIONS 53 SECTION 54: A-BOARD SIGNS 53 SECTION 55: AWNING AND CANOPY SIGNS 54 SECTION 56: BILLBOARDS 55 SECTION 57: ELECTION SIGNS 55 SECTION 58: FASCIA SIGNS 56 SECTION 59: FREESTANDING SIGNS 56 SECTION 60: PAINTED WALL SIGNS 57 SECTION 61: PORTABLE AND INFLATABLE SIGNS 58 SECTION 62: PROJECTING SIGNS 59 SECTION 63: WALL SIGNS 59 Land Use Bylaw 171/20 Amended November 13, 2023 TEN: LAND USE DISTRICTS 60 SECTION 64: ESTABLISHMENT OF LAND USE DISTRICTS 60 SECTION 65: R1 RESIDENTIAL LOW DENSITY DISTRICT 62 SECTION 66: R1A RESIDENTIAL LOW DENSITY CLASS A DISTRICT 64 SECTION 67: R1B RESIDENTIAL LOW DENSITY CLASS B DISTRICT 66 SECTION 68: R2 RESIDENTIAL GENERAL DISTRICT 68 SECTION 69: R-MHC RESIDENTIAL MOBILE HOME COURT DISTRICT 70 SECTION 70: R-MHS RESIDENTIAL MOBILE HOME SUBDIVISION DISTRICT 73 SECTION 71: C1 COMMERCIAL CENTRAL DISTRICT 75 SECTION 72: LIB LIGHT INDUSTRIAL BUSINESS DISTRICT 77 SECTION 73: D-C DIRECT CONTROL TRANSITIONAL DISTRICT 79 SECTION 74: P PUBLIC USE DISTRICT 80 SECTION 75: URBAN RESERVE DISTRICT (U-R) 81 SECTION 76: CANNABIS PRODUCTION FACILITY 82 SECTION 77: CANNABIS SALES 83 SECTION 78: IBX MIXED USE INDUSTRIAL BUSINESS PARK 84 List of Figures and Tables Figure 37.1: Restrictions on Corner/Double Fronting Lots 37 Figure 46-1: Permitted Encroachments - Front and Interior Side Yard Setbacks 42 Figure 46-2: Permitted Encroachments - Rear and Exterior Side Yard Setbacks 43 Figure 50-1: Illustration of Parking Standard Dimensions 47 Table 50-1: Parking Stall Design Standards 48 Table 50-2: Parking Requirements 49 Figure 52-1: Sight Triangle at Intersection of Lanes 51 Figure 54-1: A-Board Sign 53 Figure 55-1: Awning and Canopy Signs 54 Figure 60-1: Painted Wall Signs and Projecting Signs 57 Table 64-1: Residential Land Uses 61 Schedule "A": Land Use District Map 88 Schedule "B": Fees Bylaw 89 Land Use Bylaw 171/20 Amended November 13, 2023 ONE: Enactment and Administration Section 1: Title This Bylaw is entitled the Village of Warburg Land Use Bylaw. Section 2: Purpose The purpose of this Bylaw is to regulate the use and development of land and buildings in the Village of Warburg pursuant to Part 17 of the Municipal Government Act. Section 3: Application The provisions of this Bylaw apply to all lands and buildings within the boundaries of the Village, pursuant to Part 17 of the Municipal Government Act. No person shall commence any development within the Village except in compliance with this Bylaw. Section 4: Effective Date This Bylaw comes into force and takes effect upon the date of its third reading. Land Use Bylaw No. 283 as amended is hereby repealed. Section 5: Other Legislative Requirements Compliance with the requirements of this Bylaw does not exempt any person from the requirements of any statutory plan. Nothing in this Bylaw exempts a person to obtain a development permit as required by this Bylaw or to obtain any other permit, license or other authorization required by this or any other Bylaw. In addition to the requirements of this Bylaw, a person is required to comply with all federal, provincial and other municipal legislation. Section 6: Transition An application submitted and accepted prior to the approval of this Bylaw shall be considered under the provisions of Land Use Bylaw No. 283, as amended. Land Use Bylaw 171/20 Amended November 13, 2023 TWO: Interpretation Section 7: Units of Measurement All measurements in this Bylaw are metric. Section 8: Rules of Interpretation Words used in the present tense include the other tenses and derivative forms. Words used in the singular include the plural and vice versa. Words have the same meaning whether they are capitalized or not. The words shall and must require mandatory compliance except where a variance has been granted pursuant to the Act or this Bylaw. Words, phrases, and terms not defined in this part may be given their definition in existing legislation and regulations, such as the Act or the Alberta Building Code. Other words shall be given their usual and customary meaning. Where a regulation involves two or more conditions or provisions connected by the conjunction and means all the connected items shall apply in combination; or indicates that the connected items may apply singly or in combination; and and/or indicates the items shall apply singly or in combination. Metric Conversions to be utilized by the reader are as follows:  1.0 metre = 3.281 feet  1.0 square metre = 10.8 square feet  1 hectare = 2.47 acres  1.0 kilogram = 2.2 lbs.  1.0 cubic metre = 220 gallons Imperial conversions are provided for the convenience of the reader. For interpretation of the Bylaw, the metric values indicated in the Bylaw shall prevail. Land Use Bylaw 171/20 Amended November 13, 2023 Section 9: Definitions The following definitions shall be used in this Land Use Bylaw: "ABATTOIR" means the use of land or buildings as a facility for the slaughtering of animals and the processing of meat products. "ACCESSORY BUILDING" means a building or structure, which, in the opinion of the Development Authority, is incidental, subordinate and exclusively devoted to the principal use or building and is located on the same parcel. Examples include, but are not limited to, garages, decks, sheds and carports. An accessory building or structure does not include extensions that are physically attached to the principal building. "ACCESSORY USE" means a use customarily incidental and subordinate to the main use or building and is located on the same parcel of land with such main use or building. "ACT" means the Municipal Government Act, 2000, and amendments thereto and its successors. "ADJACENT" means land that is contiguous to the lot that is the subject of an application for subdivision, re-designation or development and includes land or a portion of land that would be contiguous if not for a public road, railway, reserve land, utility right-of-way, river or stream. "AGGREGATE STOCKPILING" means the use of land for the storage of processed aggregates or other raw materials for future sale. "AGRICULTURE" The cultivation of soil for the growing of crops and all related activities, or the raising of animals to provide food or other products. This shall not include Confined Feeding Operations or Cannabis Production Facilities. "AGRICULTURE - CROPS" means the cultivation of soil for the growing of crops and all related activities. This shall not include Cannabis Production Facilities. "AGRICULTURE - PROCESSING" means a value-added agricultural operation that includes the use of land or a building for the upgrading of a product for distribution or for sale that is originally produced in an agricultural operation These operations are intended to primarily use agricultural products that are produced on-site, and minimal off-site impacts are anticipated. This shall not include Cannabis Production Facilities. "AGRICULTURAL SUPPORT SERVICES" means any development providing products or services directly related to the agricultural industry. "APARTMENT" means a building with five or more dwelling units, and which share a common entrance, and which does not conform to the definition of any other residential use. All dwelling units must adhere to the provisions of the Alberta Safety Codes Act. "ASSISTED LIVING FACILITY" means a building, or a portion of a building operated for the purpose of providing live in accommodation for six or more persons with chronic or declining conditions requiring professional care or supervision or ongoing medical care, nursing or home making services or for persons generally requiring specialized care. All dwelling units must adhere to the provisions of the Alberta Safety Codes Act. "AUCTION MART" means a development used for the auctioning and related temporary storage of goods, except livestock. Land Use Bylaw 171/20 Amended November 13, 2023 "AUTOBODY AND REPAIR SHOP" means a use where the primary activity is the repairing and maintaining of vehicles, including auto body repair. "AUTOMOBILE AND RECREATION VEHICLE SALES AND RENTAL" means a development used for the retail sale or rental of new or used automobiles, recreational vehicles, motorcycles, snowmobiles, tent trailers, boats, travel trailers or similar light vehicles or crafts, together with incidental maintenance services and sale of parts. It includes automobile dealerships, car and truck rental agencies, and motorcycle dealerships, but does not include dealerships for the sale of manufactured homes, trucks, or heavy equipment with a gross vehicle weighting greater than 4,000 kg. See "Heavy Equipment Sales, Service, Storage and Rentals" for dealerships of vehicles and equipment over 4,000 kg. "AUTOMOBILE REPAIR GARAGE" means and establishment for the repair or replacement of parts in a motor vehicle but does not offer vehicle fuels for retail sale. This definition does not include an auto body shop, an automotive service station, or a gas bar. For the purposes of this definition, vehicles may include motorized construction equipment and tractor trailers. This includes a "Tire Shop". "AUTOMOBILE SERVICE STATION" means a use, building, or part of a building, where vehicle fuels, lubricants, and accessories are offered for retail sale, and which contains facilities for the repair and maintenance of vehicles excluding body work. "AUTOMOBILE SUPPLY STORE" means a use, building, or part of a building where equipment and parts used to repair, service, or customize motor vehicles are available for retail sale. This does not include any installations or repairs. "BALCONY" means a platform, attached to and projecting from the face of a building above the first storey, normally surrounded by a railing and used as an outdoor porch or sundeck with access only from within the building. "BANK/FINANCIAL INSTITUTION" means a development, use, or building that is primarily for the banking or lending of money and other related services. It includes a trust company, chartered bank and credit union or Province of Alberta Treasury Branch. "BASEMENT" means a storey or storeys of a building located below the first storey. 'BASEMENT SUITE" - means a basement developed as a dwelling and approved by the Development Authority. All dwelling units must adhere to the provisions of the Alberta Safety Codes Act. "BED AND BREAKFAST FACILITY" means a dwelling unit in which the occupant rents or leases a room or a suite of rooms on a temporary basis to vacationers or tourists, and which may include the provision of meals as part of and in addition to the rental paid for the room or a suite of rooms. This does not include a hotel, motel, boarding or lodging house, or restaurant, as defined herein. "BERM" means a landscaped mound of earth. "BI-LEVEL" means a residence in which the upper floor is a minimum of 79 square meters (850 square feet), with a fully finished lower floor. The lower-level finish requires an ingress/egress access with oversized windows or walkout exposure etc. Floor level is less than 1.2 meters below building grade. "BOARD" means the Village's Subdivision and Development Appeal Board. "BOARDING FACILITY" means a building containing sleeping rooms without cooking facilities, where lodging and/or meals for three Land Use Bylaw 171/20 Amended November 13, 2023 or more persons is provided for compensation but does not include a hotel. "BOTTLED GAS, SALES AND STORAGE" means a facility where compressed gas is stored in pressurized portable tanks. "BREWRIES, WINERIES AND DISTIRLLERIES" means the manufacturing of beer, wine spirits and other alcoholic beverages and may include the tasting and consumption of products made on-site, the preparation and sale of food, and the storage, packing, bottling, canning, and shipping of products made. Retail sale of products made may be consumed off- site. "BUFFER" means an area where development is restricted to a row of trees, shrubs, fencing, or other similar means to provide visual screening and separation between sites, incompatible land uses, roadways or districts. "BUILDING" includes anything constructed or placed on, in, over or under land but does not include a highway or a public roadway or a bridge forming part of a highway or public roadway. "BUILDING DEMOLITION" - means the pulling down, tearing down or razing of a building. "BUILDING GRADE" means a ground elevation established for regulating the number of storeys and the height of a building. The building grade shall mean the lowest level of finished ground elevation adjoining a building at any exterior wall. "BUILDING HEIGHT" means the vertical distance between the grade and the highest point of a building; excluding an elevator housing, a mechanical skylight, a steeple, a chimney, a smokestack, a fire wall, a parapet wall, a flagpole or similar device not structurally essential to the building. "BUILDING SEPARATION" means the minimum distance between two buildings as regulated by the Alberta Building Code. "BULK FUEL STATION" means a development for handling petroleum products in bulk quantities and includes supplementary tanker vehicle storage. Key-lock and card-lock pumps and retail fuel sales may be incorporated as an accessory use. This includes "Bulk Fuel Distributor". "CAMPGROUND" means any land or part thereof, which may levy fees for the locating of tents or recreational vehicles and shall include any facilities or amenities secondary to the primary use and may also include a Recreation Vehicle Park and Public Campground. Temporary or seasonal storage of recreation vehicles may be permitted as an accessory use, at the discretion of the Development Authority. "CANNABIS" means cannabis as defined in the Cannabis Act. "CANNABIS ACCESSORY" means a thing that is commonly used in the consumption of cannabis. A Cannabis Accessory includes, but is not limited to, rolling paper or wraps, holders, pipes, water pipes, bongs and vaporizers. "CANNABIS PRODUCTION FACILITY means a Development licensed by Health Canada located in a stand-alone Building where Cannabis is grown, processed, packaged, tested, destroyed, stored, distributed or loaded for shipping. Cannabis Production Facilities shall not include Cannabis Sales or Retail Sales as an Accessory Use. "CANNABIS SALES" A Principle Use being a business where Cannabis is sold in accordance with the following provisions: Land Use Bylaw 171/20 Amended November 13, 2023 a) Cannabis sold is for consumption Off Site and Cannabis shall not be consumed On Site; b) No other goods are sold on the premises other than Cannabis Accessories; c) All Cannabis offered for sale or sold must be from a federally approved and licensed facility; d) The business must be licensed by the Alberta Government; and e) The Use premises, including the associated Loading Space, are located at least; 1) 200.0 m to the closest point of another Cannabis Sales Use; 2) 200.0 m to the closest point of a Liquor Store; 3) 300.0 m to the closest Site Line of a School, a municipally owned Site used by a School with an associated joint use agreement, or a future School Site as depicted in an adopted Area Structure Plan; 4) 300.00 m to the closed point of a municipal Playground, Public Library or Recreational Establishment, Outdoor; 5) 100.00 m to the closest Site Line of a provincial health facility in accordance with the Gaming, Liquor and Cannabis Act; 6) 300.00 m to the closest point of a Recreational Establishment, Indoor Use that is publicly owned or operated; 7) 300.00 m to the closest Site Line of a public library; and 8) 300.00 m to the closest point of a Child Care Facility Use, including the associated On Site play area. "CARETAKER'S RESIDENCE" means a dwelling unit that is secondary or accessory to the principal industrial, commercial or recreational use on the same parcel and is used for the purpose of providing living accommodation for the individual who is primarily responsible for the maintenance and security of the principal use on that parcel. "CARPORT" means a roofed structure used for storing or parking of not more than two private vehicles, which has not less than 40% of its total perimeter open and unobstructed. "CATERER" means an establishment in which food and beverages are prepared for the consumption off premises, and are not served to customers on the premises or for take out. This is not a food and/or beverage service facility. "CEMETERY" means a parcel of land used as a burial ground and is licensed by the appropriate provincial government departments, and may include accessory facilities such as crematories, cinerarium, columbarium, mausoleums, memorial parks and gardens of remembrance. "CHILD CARE FACILITY" A Development used to provide care and supervision, but not overnight accommodation, to seven or more children under the age of thirteen. Typical Uses are day care centres, before and after school care, and pre- schools. Child Care Facilities, including associated On-Site play areas, shall be located a minimum of 100.00 m from the closest point of a Cannabis Sales Use. "CLINIC" means a building or part of a building intended for use by any or all of the following: physicians, dentist, drugless practitioners, opticians, optometrists, chiropractors, their staff and patients, for the purpose of consultation, diagnosis and office treatment. Land Use Bylaw 171/20 Amended November 13, 2023 "CLUB" means a development used for the assembly of members of charitable, social service, athletic, business or fraternal organizations, and may incorporate eating, drinking, entertainment, sports, recreation and amusement facilities as accessory uses. "COMMUNICATION TOWER" means a structure that is used to convey communication, radio, or television signals and may include other structures necessary for carrying out this function. "COMMUNITY HALL" means the use of land and building for community activities and generally not used for commercial purposes, and the control of which is vested in the Village of Warburg, a local board or agent thereof. "CONCRETE MANUFACTURING / PLANT" means an operation that produces concrete or concrete products use in building or construction and includes facilities for the administration and management of the business, the stockpiling of bulk materials used in the production process, or a finished product manufactured on the premise, and the storage of the materials and equipment required to manufacture concrete. It may also include the manufacture and storage of concrete products and supplies and maintenance of required equipment. It does not include the retail sale of finished concrete. "CONDOMINIUM UNIT" means: i. In the case of a building, a space that is situated within a building and described as a unit in a condominium plan by reference to floors, wall and ceilings in a building, ii. In the case other than that of a building, land that is situated within a lot described as a unit of condominium plan by reference to boundaries governed by monuments pursuant to the provisions of the Surveys Act respecting subdivision surveys. "CONSTRUCT" means to build, reconstruct or relocate, and without limiting the generality of the word, also includes: i. Any preliminary operation such as excavation, filling or draining; ii. Altering an existing building or structure by an addition, enlargement, extension or other structural change; and iii. Any work which requires a Building Permit. "CONTRACTING SERVICES, MAJOR" means a development used for commercial and industrial service support and construction. Typical uses include oilfield support services, laboratories, cleaning and maintenance contractors, building construction, surveying, landscaping, concrete, electrical, excavation, drilling, heating, plumbing, paving, road construction, sewer or similar services of a construction nature which require on-site storage space for materials, mobile equipment or vehicles normally associated with the contractor service. Any sales, display, office or technical support service areas shall be necessary to the principal general contractor use. "CONTRACTING SERVICES, MINOR" means a development used for the provision of electrical, plumbing, heating, painting, catering other contractor services and the accessory sales of goods normally associated with contractor services where all materials are kept within an enclosed building, and no fleet storage of more than four vehicles or pieces of mobile equipment. "CONVENIENCE FOOD STORE" means a retail operation that specializes in convenience type items such as groceries, soft drinks and other similar goods. "COUNCIL" means the Council of the Village of Warburg. Land Use Bylaw 171/20 Amended November 13, 2023 "CROWN LAND" means land of the Crown in right of Alberta that includes the bed and shores of all permanent and naturally occurring water bodies and watercourses. "DAY CARE FACILITY" means a development licensed by the Province to provide personal care, maintenance, supervision or education, for seven or more children at one time for more than three but less than 24 hours in a day. This includes day care centers, nurseries, kindergartens, nursery schools, play schools, and other similar uses. "DECK" means an unenclosed amenity area or platform that may be attached to a dwelling and is intended for the purpose of outdoor dining, lounging and other similar accessory residential use. "DEVELOPMENT" means any development as defined in the Act. "DEVELOPMENT AUTHORITY" means a development authority established pursuant to the Act and may include one or more of the following: a Designated Officer, a municipal planning commission, an inter-municipal planning commission, or any other person or organization that has been authorized to exercise development powers on behalf of the municipality. "DEVELOPMENT OFFICER" means a person appointed as Development Officer pursuant to the Land Use Bylaw. "DEVELOPMENT PERMIT" means a document pursuant to this Land Use Bylaw. "DISCRETIONARY USE" means the use of land or a building that is listed in the columns captioned "Discretionary Uses" in all districts of this Bylaw, and for which, subject to the provisions of this Bylaw, a development permit MAY be issued. "DISTRICT" means Land Use District. "DRIVEWAY" means a vehicle access route on the parcel which provides access to the driving surface. "DRY CLEANING AND LAUNDRY DEPOT/PLANT means a building where the cleaning of clothing is carried on and/or used for the purpose of receiving articles of clothing to the cleaned elsewhere. "DWELLING" means a complete building or self-contained portion of a building used or designed to be used by a household, containing independent and separate sleeping, cooking and sanitary facilities intended as a permanent residence and having an independent entrance either directly from the outside of the building or through a common area inside the building. "DWELLING, DUPLEX" means a building containing two dwelling units, either one above the other or side by side, each of which has an independent entrance, either directly from outside the building or through a common vestibule. All dwelling units must adhere to the provisions of the Alberta Safety Codes Act. "DWELLING, FOURPLEX" means a building containing four dwelling units each with direct access to the outside grade, but not all the units are required to have separate frontage onto a public or private road. Units may have common side and rear walls and may also be separated by a common ceiling/floor assembly. This shall not mean row housing dwelling or duplex dwelling. All dwelling units must adhere to the provisions of the Alberta Safety Codes Act. "DWELLING, ROW HOUSING" means a building on a lot or lots that consist of at least three dwelling units with each unit having direct access to the outside grade but shall not mean "apartment" or "four-plex". Units are attached at the side walls, each having frontage onto a public or private condominium road. A row house dwelling unit may be located on a Land Use Bylaw 171/20 Amended November 13, 2023 separate lot if the lot is registered after construction of the row house dwelling. "DWELLING, SINGLE DETACHED" means a residential building containing one dwelling unit intended as a permanent residence. Single detached dwellings must be of new construction and feature the following criteria: i. shall include single detached dwellings constructed off-site; ii. All exterior walls of the floor area must be dimensioned at less than or equal to 3:1 length to width ratio; and iii. All roof pitches must be a minimum of 3:12 ratio (3 feet of elevation for 12 feet of width). All dwelling units must adhere to the provisions of the Alberta Safety Codes Act. "DWELLING, TRIPLEX" means a building containing three dwelling units each with direct access to the outside grade, but not all the units have separate frontage onto a public or private road. Units may have common side and rear walls and may also be separated by a common ceiling/floor assembly. All dwelling units must adhere to the provisions of the Alberta Safety Codes Act. "EAVELINE" means the horizontal line that marks farthest projection of the roof overhang beyond the wall of the building. "ENVIRONMENTAL AUDIT" means a comprehensive site analysis to determine: i. If there are any hazardous substances above, on or below the surface of the subject property that may pose a threat to the environment and/or health of humans, wildlife and/or vegetation; ii. If there are any breaches of federal, provincial, and/or municipal environmental standards; iii. The level of risk that a contaminated site poses to the environment and/or health of humans, wildlife, and/or vegetation; and iv. What remedial actions may be required to reduce the level of risk posed by a contaminated site to an acceptable level. "ENVIRONMENTAL IMPACT ASSESSMENT" means a comprehensive site analysis to determine: i. The potential impact of the proposed development on the site; ii. The potential environmental impact of the proposed development upon adjacent properties or land uses; and iii. The potential environmental impact of the proposed development upon the future land use potential of the property. "FAÇADE" means the principal face of the building on the shortest side of the lot abutting the street or avenue. "FARMING" means the raising or production of crops, or animals, and includes a single residence for the farmer, but does not include a "Confined Feeding Operation as defined by the Natural Resources Conservation Board. "FARM SUPPLY STORE" means establishments which sell their products to the farm industry. "FEED MILLS AND GRAIN ELEVATORS" mean buildings in which animal feeds and grain are stored during shipment to or from farms and in which agricultural products may be prepared or sold. "FENCE" means a vertical physical barrier constructed to prevent visual intrusions, unauthorized access, or to provide sound abatement. "FLOODPLAIN" means the land adjacent to a lake, river or stream inundated by a one in one hundred year return flood as determined by Alberta Environment. "FLOODPROOFING" means the rendering Land Use Bylaw 171/20 Amended November 13, 2023 safe from damage arising from a one in one hundred year return flood, as determined by Alberta Environment, through all or any of the following means; i. The raising of the level of land to a minimum of 0.3 metres above the flood level; or ii. The construction and use of buildings with the lowest water entry point 0.3 metres above that flood level; or iii. Any other such means as may be considered appropriate by the Development Authority in consultation with Alberta Environment. "FLOOR AREA" means the total floor area of every room and passageway contained in a building but not including the floor areas of basements, attached garages, open porches, patios, open decks, verandas or breezeways. "FLORIST SHOP" means a retail store devoted to the sale of flowers, indoor plants and arrangements thereof. "FOOD AND/OR BEVERAGE SERVICE FACILITY" means a building or portion thereof, in which food and/or beverages are prepared to be sold for consumption on the premises or for take-out, and without limiting the generality of the foregoing, may include such facilities as restaurants, drive-in food establishments, taverns, bars cocktail lounges and catering services. "GAMING OR GAMBLING ESTABLISHMENT" means a building or structure, or any portion thereof, which is used or intended for use for the purpose of dealing, operating, maintaining or conducting any game played with cards, dice, or any mechanical device for money, property or item of value. "GARAGE" means an ancillary building or portion of a main building, including a carport, used or intended to be used in conjunction with a dwelling unit principally for the private parking or storage of motor vehicles for personal transportation. A garage is not a "Dwelling". "GAS BAR" means a retail outlet that is limited to the sale of gasoline and related automotive products and may include a "Convenience Food Store". "GENERAL INDUSTRIAL USE" Development used for one or more of the following activities; manufacturing, processing, assembling cleaning, repairing, servicing, testing, storage, warehousing or distribution of materials, products or equipment; and may include the training of personnel in general industrial operation. Accessory Uses may include indoor display, office, technical or administrative support areas or any sales operation directly associated with the General Industrial Use activities on-site. This shall exclude natural resource development and Cannabis Production Facilities. "GREENHOUSE" A Development used primarily for the raising, storage and sale of bedding, household and ornamental plants, as well as associated products. This use excludes Cannabis Production Facilities. "GROUP CARE FACILITY" means a facility which provides residential accommodation for up to six persons, most or all of which are handicapped, aged, disabled, or in need of adult assistance and who are provided service or supervision, excluding foster homes. All dwelling units must adhere to the provisions of the Alberta Safety Codes Act. "HANDICRAFT BUSINESS" means the production and selling of handicrafts on a commercial basis. "HOME OCCUPATION" means any occupation, trade, profession or craft carried on Land Use Bylaw 171/20 Amended November 13, 2023 by an occupant of a residential building as a use secondary to the residential use of the building. "HOTEL" means a building designed for the accommodation of the traveling and vacationing public containing guestrooms served by a common entrance as well as general kitchen and dining or other public rooms. "INDUSTRY/MANUFACTURING - SMALL SCALE" means an industry engaged in the assembly, processing, manufacture, cleaning, testing, repairing, storage or distribution of various materials into a new product. The industry may exhibit most or all of the following characteristics: i. Can be developed on smaller parcels of land; ii. Is suitable for industrial parks; iii. Most of the activities are confined to the building; iv. Does not require large areas for outdoor storage; and v. Does not produce emissions which are obnoxious or hazardous. "INSTITUTIONAL USE" means a place of worship, hospital, private school, post secondary education facility, park, playground, cemetery, community hall, library or tourist information facility. "INTERNAL SUBDIVISION ROAD" means a public roadway, excluding a primary highway, secondary highway, or municipal road, constructed solely for access, egress, and internal circulation within a commercial, industrial or residential development. "LABORATORY" means the use of a building, or part of a building, used for scientific, medical and/or dental testing, experimentation and/or research. "LAGOON" means any pond, natural or artificial, receiving raw or partially treated sewage or waste, in which stabilization occurs due to sunlight, air and micro-organisms. "LANDSCAPED AREA" means an open area of land, which is: i. Unoccupied by any building or structure; ii. Situated on ground level on a lot; iii. Used or intended to be used for the growth and maintenance of grass, flowers, shrubs, bushes, trees and other vegetation, and for the provision of other landscaping features including, but not restricted to, planting strips, facilities for outdoor recreation, ornamental ponds, play areas, surfaced walks, and patios; but iv. Does not include any part of a driveway or parking area, regardless, of surface composition, or any roof-top terrace, balcony, or space enclosed within a building. "LANDSCAPING" means to preserve or change the natural features of a site by adding lawns, trees, shrubs, ornamental plantings, ornamental ponds, fencing, walks, driveways, or other structure and materials as used in landscape architecture. "LANE" means a public right-of-way not exceeding 10.0 metres (32.3 feet) in width which provides secondary access to a lot and which is registered at the Land Titles Office. "LAUNDROMAT" means a self-serve clothes- washing establishment containing one or more washing and drying, ironing, finishing or other incidental equipment. "LEGAL NON CONFORMING BUILDING" means a building: i. That is lawfully constructed or lawfully under construction at the date a land use bylaw affecting the building or the land on which the building is situated becomes effective; and Land Use Bylaw 171/20 Amended November 13, 2023 ii. That on the date the land use bylaw becomes effective does not, or when constructed will not, comply with the land use bylaw. "LEGAL NON CONFORMING USE" means a lawful specific use: i. Being made of land or building or intended to be made of a building lawfully under construction at the date a land use bylaw affecting the land or building become effective; and ii. That on the date the land use bylaw becomes effective does not, or in the case of a building under construction, will not, comply with the land use bylaw. "LIGHT EQUIPMENT REPAIR/RENTAL" means a development, use or building for the rental and/or repair of tools, appliances, recreational craft, office machines, furniture, home appliances, or similar items, but does not include the rental or repair of motor vehicles or industrial equipment. "LIVESTOCK AUCTION MART" means a facility where agricultural related items including livestock are brought. "LOT" as defined under Part 17 of the Municipal Government Act, means: i. A quarter section; ii. A river lot shown on an official plan, as defined in the Surveys Act that is filed or lodged in a land titles office; iii. A settlement lot shown on an official plan, as defined in the Surveys Act that is filed or lodged in a land titles office; iv. A part of a parcel described in a certificate of title if the boundaries of the part are described in the certificate of title other than by reference to a legal subdivision; and v. Part of a parcel of land described in a certificate of title if the boundaries of the part are described in the certificate of title by reference to a plan of subdivision. "LOT AREA" means the area contained within the boundaries of a lot shown on a plan of subdivision or described in the Certificate of Title. "LOT - CORNER" means a lot at the intersection of two public roadways. "LOT COVERAGE" means that percentage of lot area which is covered by all buildings on that lot, including a porch, veranda, covered deck and accessory buildings, but excluding patios. "LOT DEPTH" means the length of a straight line joining the middle of the front lot line with the middle of the rear lot line. If there is no rear lot line, lot depth shall be measured from the middle of the front lot line to the intersection of the two other lot lines. "LOT LINE" means a legally defined limit of any lot. "MINIMUM STANDARDS" means those minimum standards relating to lot area, floor area, yards, landscaping design, character and appearance of buildings, etc. for the permitted uses of land or buildings or the discretionary uses of land or buildings, or both, listed in this Bylaw and, where these are not specified, as determined by the Municipal Planning Commission. "MOBILE HOME" means a residential unit that may be constructed with a heavy transport chassis that allows for permanent or temporary attachment of a hitch and wheel assembly to enable the relocation of the dwelling. A mobile home may be a single structure (single-wide) or two parts which are put together to comprise a complete dwelling (double-wide). Mobile Homes shall feature the following criteria: i. minimum roof pitch of 5 cm (2 inches) of vertical rise for every 30.5 cm (12 inches); and Land Use Bylaw 171/20 Amended November 13, 2023 ii. a minimum floor area length to width ratio of 3:1. A mobile home does not include a single detached dwelling. "MOBILE HOME COURT" means a parcel comprehensively designed, developed, operated and maintained to provide sites and facilities for the placement and occupancy of mobile homes on either a short or a long-term basis. "MOBILE HOME SUBDIVISION" means privately owned parcels of land for the purpose of locating mobile homes on a permanent basis. "MOTEL" means a building or a group of buildings designed for the accommodation of the traveling or vacationing public containing guestrooms. "MUNICIPALITY" means the Village of Warburg. "MUNICIPAL ROAD" means a public roadway subject to the direction, control and management of the Village but not including an internal subdivision road. "MUNICIPAL SHOP AND STORAGE YARD" means a facility used by the municipality for the storage of materials used in fulfilling its various functions and the housing and repair of its equipment, "MUSEUM" means a use of a building, or part of a building for the preservation and presentation of works of art, or cultural, historical, or scientific objects and information and open to the recreation and education of the public. "NURSING HOME" means an institution or a distinct part of an institution which is licensed and approved to provide health care and social support for 24 or more consecutive hours for 2 or more patients who require such care on a daily basis and who are not related to the governing authority or its members by marriage, blood or adoption. "OFFICE BUILDING" means a facility providing for the administration of business or government, or the provision of professional services. "OILFIELD SUPPORT SERVICES" means a development that provides cleaning, servicing, repairing or testing of materials, goods and equipment normally associated with the oil and gas industry and may include the storage of shipping of such materials, goods and equipment, including petrochemical products and supplies, providing such storage does not exceed 5,000 cubic metres (1,100,000 imperial gallons) for all organic or inorganic chemicals and 10,000 cubic metres (2,200,000 imperial gallons) for all petroleum products and that such storage is in accordance with all applicable provincial and federal statutes. This definition applies to oil and gas industry support operations and includes, but is not limited to, seismic and surveying, well servicing, oilfield haulers, pipeline contractors and welding operations. "OPEN OR OUTDOOR STORAGE AREA" means an area of land used for outdoor storage purposes. "OTHER RELATED IMPROVEMENTS" means utilities (power, gas, well or septic system) and/or mature shelterbelts. "OUTDOOR DISPLAY" means land that is used to show, exhibit or make visible products, good, or equipment for the purpose of sale or promotion. "PARCEL" means the aggregate of one or more areas of land described in a title or described in a certificate of title by reference to a plan filed in a land titles office. "PARCEL COVERAGE" means the area covered by buildings, and without limiting the Land Use Bylaw 171/20 Amended November 13, 2023 foregoing, includes carports, covered patios and covered sundecks. "PARK" means a development of public land specifically designed or reserved for the general public for active or passive recreational use and includes all natural and manmade landscaping, facilities, playing fields, buildings and other structures that are consistent with the general purposes of public parkland, whether or not such recreational facilities are publicly operated or operated by other organizations pursuant to arrangements with the public authority owning the park. Typical uses include tot lots, band shells, picnic grounds, pedestrian trails, landscaped buffers, playgrounds and water features. A municipal Playground in a Park Site shall be located a minimum of 300.00 from the closest point of a Cannabis Sales Use. "PARKING LOT" means an area of land providing for the parking of motor vehicles. When identified as a specific use in a land use district, this use is contemplated as an exclusive use of a land parcel. Otherwise, parking lots are to be developed in association with other permitted and discretionary uses and in accordance with the regulations found in Section 3 of this Bylaw. "PARKING STALL" means that portion of a parking lot that accommodates a parked vehicle. "PERMITTED USE" means the use of land or of a building that is listed in the column captioned "Permitted Uses" in Land Use Districts appearing in this Bylaw. "PERSONAL SERVICE SHOP" means a use of a building or part of a building in which services are provided and administered to the individual and personal needs of persons, and without limiting the generality of the foregoing, includes a barber shop, hairdressing establishment, beautician, beauty parlor, shoe repair and shoe shining shop, formal rental shop, tailor shop, bake shops, depots for collection and delivery of dry cleaning and laundry, self-serve laundry establishments and pet grooming facilities. The sale of merchandise shall be permitted as an accessory use to the personal service provided. "PHARMACY" means a retail store that dispenses prescription drugs and sells, among other things, non-prescription medicines, health and beauty products, and associated sundry items. "PLANTING STRIP" means a landscaped area located immediately adjacent to a lot line or portion thereof, on which is situated one or more of the following screening devices: i. A continuous row of trees; ii. A continuous hedgerow of evergreens or shrubs; iii. A berm; iv. A wall; v. An opaque fence; and vi. Arranged in a way as to form a dense or opaque screen. "PLAYGROUND" An outdoor area dedicated to play structures for children. "POINT OF SALE ADVERTISING" means material, which relates to the name of the occupier or firm, the nature of the business conducted and/or goods produced, and/or the main product sold on the premises to which an advertisement is attached. "PREMISE" An area on a Site or in a Building that is devoted to a specific Use of business. "PRIMARY HIGHWAY" means a highway or proposed highway designated as a primary highway under the Public Highways Development Act. Land Use Bylaw 171/20 Amended November 13, 2023 "PRIVATE CLUB" A development used for social activities of members of non-profit groups or organizations, excluding On Site residence. Private Clubs may include room for eating, drinking and assembly. Private Clubs shall not allow for On Site Cannabis consumption. "PROPANE TRANSFER FACILITY" means a facility at a fixed location having not more than one storage container and such container shall not have an aggregate propane storage capacity in excess of 50,000 litres and from which not retail sale of propane fuel to the public is or may be affected. "PUBLIC ASSEMBLY" means the use of a building or land for religious organizations. "PUBLIC LIBRARIES AND CULTURAL EXHIBITS" Development for the collection of literary, artistic, musical and similar reference materials in the form of books, manuscripts, recordings and films for public use; or a Development for the collection, preservation and public exhibition of work or object of historical, scientific or artistic value. Typical Uses include libraries, museums and art galleries. Public Library Sites shall be located a minimum of 300.00 m from the closest point of a Cannabis Sales Use. "PUBLIC ROADWAY" means a highway, local road, service road, street, avenue or lane which is registered as a public right-of-way in a land titles office. "PUBLIC USE" means a building, structure or lot used for public services by the Village except sanitary landfill sites and sewage lagoons, or by any local board or agency of the Village, or by any department, commission or agency of the Province of Alberta or Government of Canada. "REAL PROPERTY REPORT" means a legal document prepared by an Alberta Land Surveyor that illustrates the location of all relevant visible public and private improvements relative to property boundaries. It is in the form of a plan or illustration of the various physical features of the property including a written statement detailing the surveyor's opinions or concerns. It is relied upon by the municipality as an accurate representation of the improvements to property. "RECREATIONAL AMUSEMENT PARK" means a commercial recreation facility with or without permanent buildings or structures where rides, games of chance, entertainment, exhibitions, and the sale of food, beverages, toys and souvenirs constitute the main use. "RECREATION FACILITY" means development that provides facilities for sports and active recreation. Typical facilities would include athletic clubs, bicycle/pedestrian trails, billiard of pool halls, bowling alleys, campsites, driving ranges, golf courses, health and fitness clubs, curling, indoor golf facilities, indoor soccer facilities, roller-skating and hockey rinks, rifle and pistol ranges, sports fields, tennis courts and swimming pools. The intended application is for both private and public facilities. "RECREATION VEHICLE" means a portable structure designed and built to be carried on a vehicle or to be transported on its own wheels and which is intended to provide temporary living accommodation for travel and recreation purposes. It does not need any special license or permit to travel on the public road systems other than a usual trailer or vehicle license, and without limiting the generality of the foregoing, includes such vehicles as a motor home, a camper, a travel trailer or a tent trailer. It does not include a portable industrial trailer, mobile home, manufactured home, or any vehicle or trailer over eight feet in width while being transported. Land Use Bylaw 171/20 Amended November 13, 2023 "RECREATIONAL ESTABLISHMENT, OUTDOOR" A Development intended to provide structure for sports or leisure activities, including the related accessory Developments for the users of the facility. Typical Uses include sports fields, playgrounds, skating rinks, tennis courts and spray parks. Recreation Establishment, Outdoor shall be located a minimum of 300.00 m from the closest point of Cannabis Sales Use. "RECYCLING DEPOT" means a building or land in which is used material separated and processed prior to shipment for repeated use or to others who will use those materials to manufacture new products and may include the handling of hazardous materials. "REGISTERED OWNER" means i. In the case of land owned by the Crown in right of Alberta or the Crown in right of Canada, the Minister of the Crown having the administration of the land; or ii. In the case of other land, iii. The purchaser of the fee simple estate in the land under an agreement for sale that is the subject of a caveat registered against the certificate of title in the land and any assignee of the purchaser's interest that is the subject of a caveat registered against the certificate of title or iv. In the absence of a person described above, the person registered under the Land Titles Act as the owner of the fee simple estate in the land. "RESEARCH FACILITY" means a building or portion thereof, or group of buildings in which facilities for scientific research, investigation, and testing are located. "RESTAURANT" means a food establishment where food is sold or distributed in state ready for immediate consumption and that has: seating or standing room designed for food consumption by patrons; or parking space under the control of the owner provided so that a patron may consume food in a vehicle, and includes a canteen, cafeteria, dining room or similar facility provided for employees, staff or students. "RESTAURANT - DRIVETHRU" means a place in which food is prepared and sold to the general public and consumed on the premises inside or outside of an automobile and includes an exterior method of ordering and picking up food. "RESTAURANT - TAKEOUT/DELIVERY" means an establishment primarily engaged in primarily specialty foods in bulk and in providing customers with a takeout and/or delivery service, which may or may not be consumed on or off the premises. "RETAIL SALES" A development up to 3000.0 m2 used for the sale of consumer goods in an enclosed building, including such items as groceries, clothing and footwear, electronics, furniture and appliances, hardware supplies, household goods, printed matter, confectionary, pharmaceuticals, personal care items and office supplies. Retail Sales does not include Cannabis Sales. "RETAIL STORE" means a development used for the retail sale of consumer goods, from within an enclosed building. "RETIREMENT HOME" means a place of residence for persons in or entering retirement where an independent lifestyle is maintained with little to no assistance required and that may include additional services such as but not limited to entertainment rooms, kitchens, libraries, and administrative offices. "SCHOOL" means a publicly supported or subsidized Development used for education, operated by a School Board for any or all of Kindergarten to Grade 12, as per the School Land Use Bylaw 171/20 Amended November 13, 2023 Act. School Sites shall be located a minimum of 300.00 m from the closest point of a Cannabis Sales Use. "SEED CLEANING PLANT" means a building used for the storage and preparation of seed used in agriculture. "SERVICED" means that approved development uses municipal water and sewer services, including treatment, where such services have been installed and are operating in accordance with municipal requirements. "SETBACK" means the shortest horizontal distance required between a property line of a lot and the nearest part of any building, structure, development, excavation or use on the lot. "SHOPPING CENTRE" means one or more buildings, or part thereof, containing a group of separate permitted (or approved discretionary) commercial uses which is maintained as a single comprehensive unit and located on a single lot, such lot being held and maintained under one ownership or under condominium ownership. "SIGHT TRIANGLE" means an area at the intersection of roadways or roadways and railways in which all buildings, fences, vegetation and finished ground elevations shall be less than one (1) metre (3.3 feet) in height above the average elevation of the road/lane/rail, in order that vehicle operators may see approaching vehicles in time to avoid collision. "SIGN" means an object, structure or device used for the purpose of identification or advertising or to call attention to any person, matter, thing or event or to give direction. "SIGN - AWNING" means a sign attached to a non-retractable structure completely enclosed overhead, which is intended to be used for business identification and protection against the weather and which is not supported independently of any other building structure. "SIGN - BILLBOARD" means a sign structure designed and intended to provide a leasable advertising copy area of 18.0 square metres where the copy can be periodically replaced, typically by the use of pre-printed copy pasted or otherwise mounted onto the copy area. "SIGN - FASCIA" means a sign placed flat and parallel to the face of the building so that no part projects more than 0.3 m from the building. "SIGN - FREESTANDING" means a sign on a standard or column permanently attached to the ground and which is not connected in any way to any building or other structure. "SIGN - PORTABLE" means any sign or advertising device that can be carried or transported from one site to another, which does not rely on a building or a fixed concrete foundation for its structural support and includes signs, temporary signs, inflatable signs, or devices or banners, whether tethered to a building or no, vehicles placed in a location for advertising purposes, but does not include an A-Board or real estate sign or signage permanently attached and forming part of motor vehicles use in the day to day conduct of business. "SIGN - PROJECTING" means a sign which projects from a structure or a building face. "SITE" means a parcel, lot or group of lots used for or proposed to be used for the undertaking of a development. "STORAGE - INDOOR" means a self- contained building or group of buildings available for the storage of goods. This use includes mini-storage, private storage facilities, and warehouse. Land Use Bylaw 171/20 Amended November 13, 2023 "STORAGE - OUTDOOR" means a site or a portion of a site designed for the storage of goods, materials and/or equipment, or the display and sale of goods and materials, including vehicles for hire and sale, located outside permanent buildings or structures on the site. This use includes lumber storage and lumber yard. "STRUCTURE" means anything constructed or erected, the use of which requires location on the ground or attachment to something located on the ground not including pavement, curbs, walks, open air surfaces and movable vehicles. "SUBDIVISION" means the division of a parcel of land into one or more smaller parcels by a plan of subdivision or other instrument. "SUBDIVISION AUTHORITY", as established pursuant the Act, means that person(s) or body defined by the Subdivision Authority Bylaw of the Village of Warburg. "TANKER TRUCK WASHING FACILITY" means a commercial building for cleaning and inspecting the tanks of tanker trucks. "TAXI/BUS DEPOT" means a use, site or building used as a dispatch office for taxis, limousines or buses and may include an area, site or location intended for the parking of taxis, limousines or buses or for loading and unloading of passengers. "TEMPORARY" means such time limit as set by the Development Authority. "TEMPORARY MOBILE COMMERCIAL SALES" means the sale of goods from a vehicle or stand for a period not exceeding 180 days per year in the Central Commercial and Light Industrial Business Districts. "TEMPORARY STRUCTURE" means a structure without any foundation or footings and which is removed when the designated time, activity or use for which the temporary structure was erected has ceased. "THEATRE" means a building, or part thereof, used for the presentation of performing arts. "THEATRE - MOVIE" means a building, or part thereof, used for the showing or viewing of motion pictures for a fee. "TOP SOIL" means that depth of soil containing the major portion of organic matter, generally the depth that the land is tilled. "TRADE/COMMERCIAL SCHOOL" means a building, structure or land that provides for technical instruction to students for profit. "TRANSPORT/TRUCK OPERATION" means a development involving the storing, parking, servicing and dispatching of trucks. This use may also involve the transfer of goods primarily involving loading and unloading of freight carrying trucks. "TRUCK DEPOT" means any building, or land or portion thereof, in which or upon a business, service or industry involving the maintenance, servicing, storage or repair of commercial vehicles and/or transport trailers is conducted or rendered. This includes the dispensing of motor fuel or petroleum products directly into motor vehicles, the sale of accessories or equipment for trucks and similar commercial vehicles. "TRUCK AND MOBILE HOME SALES AND RENTAL" means a development used for the retail sale or rental of new or used trucks exceeding 4,000 kg, motor homes, and mobile homes together with incidental maintenance services and the sale of parts and accessories. "TRUCK STOP" means a use that combines a "CONVENIENCE FOOD STORE", "EATING ESTABLISHMENT", "GAS BAR", "TRUCK DEPOT", and "AUTOMOTIVE SERVICE Land Use Bylaw 171/20 Amended November 13, 2023 STATION" in order to cater both to the traveling public and commercial truck traffic. "UNDERGROUND WASTE STORAGE TANKS" means tanks used for the temporary storage of wastewater, sludge and solids. "UNDERSIZED LOT" means a lot that does not meet the minimum length, width or area requirements of the district in which it is located. "URBAN RESERVE" means lands presently within the Village, which are intended for future development in order to accommodate the Village's long-term industrial or residential land requirements. "USE" means a building or an area of land and the function and activities therein or thereon. "UTILITIES" means the right of way and/or use of the land or buildings for one or more of the following: i. Telecommunication systems; ii. Waterworks systems; iii. Irrigation systems; iv. Systems for the distribution of gas; v. Systems for the distribution of electric power; vi. Storm water management systems; vii. Heating systems; and viii. Sewage systems. "UTILITY BUILDING" or "UTILITY USE" means a building or land, or portion thereof, as defined in the Act in which the proprietor of the public utility maintains its office or offices and/or maintains or houses any equipment used in connection with any public utility building. "VEHICLE WASH" means a use, building or structure where facilities are specifically used or intended to be used for washing vehicles either by production line methods employing mechanical devices or by hand. "VETERINARY CLINIC" means the use of land and building for the medical care and treatment of animals. "WATER BODY" means: i. The bed and shore of a lake, lagoon, swamp, marsh, or any other natural body of water; or ii. Reservoir or other man-made surface feature, whether it contains water continuously or intermittently. "WATERCOURSE" means: i. The bed and shore of a river, stream, creek or other natural body of water, or ii. A canal ditch or other man-made surface feature whether it contains water continuously or intermittently. "YARD" means a part of a lot upon or over which no building or structure other than a boundary fence is erected, except for specifically permitted accessory buildings. "YARD - FRONT" means a yard extending across the full width of a lot and situated between the front lot line and the nearest exterior wall of the principal building. The minimum front yard depth is the shortest horizontal distance permitted between the front lot line of such lot and the nearest part of the principal building. "YARD - INTERIOR SIDE" means a side yard other than an exterior side yard. "YARD - REAR" means a yard extending across the full width of a lot and situated between the rear lot line and the nearest exterior wall of the principal building. The minimum rear yard is the shortest horizontal distance permitted between the rear lot line of such lot and the nearest part of the principal building. "YARD - SIDE" means the yard extending from the front yard to the rear yard and situated between the side lot line and the nearest Land Use Bylaw 171/20 Amended November 13, 2023 exterior wall of the principal building. The minimum side yard is the shortest horizontal distance permitted between the side lot line of such lot and the nearest part of the principal building. "ZERO LOT LINE PLACEMENT" means the placement of a building on a lot in such a manner that the building abuts one or more of the lot lines of the lot. Land Use Bylaw 171/20 Amended November 13, 2023 Page 21 THREE: Development Authority Section 10: Designated Officer 10.1 The office of designated officer is hereby established, and such office shall be filled by a person or persons to be appointed by resolution of Council. 10.2 The Designated Officer shall keep and maintain for the inspection of the public during all reasonable hours, a copy of this Bylaw and all amendments thereto, and keep a register of all applications for development and subsequent decisions. 10.3 For the purposes of this Bylaw the Designated Officer serving as the Development Authority shall be titled as "Development Officer". Section 11: Municipal Planning Commission 11.1 The Municipal Planning Commission established by Bylaw shall perform such duties as specified in Part 4 of this Bylaw as well as the Municipal Government Act, Subdivision and Development Regulation. Section 12: Subdivision and Development Appeal Board 12.1 The Subdivision and Development Appeal Board (SDAB) established by Council shall perform such duties as are specified in the Act. 12.2 At the appeal hearing the SDAB shall hear all those persons that it is required to hear under the Act. 12.3 At the hearing of the appeal, should the SDAB desire legal or technical opinions, it may adjourn the hearing pending receipt of such information, opinions or other assistance the Subdivision and Development Appeal Board as established by this Bylaw. 12.4 The Chairperson shall be responsible with respect to all things required to be carried out by the Board under the Act to see that they are carried out in accordance with the provisions of the Act, and; 12.4.1 Is empowered to rule that evidence presented is irrelevant to the matter in issue and to direct the members to disregard the evidence; 12.4.2 May limit a submission if he determines it repetitious; and 12.4.3 When a hearing is adjourned, but the time and place for the continuation of the hearing is not fixed, shall announce that notice of continuation of the meeting will be sent to those persons leaving their name and address with the Secretary. Thereafter, only those persons leaving their name and address shall be entitled to notice of the continuation of the hearing. 12.5 After hearing all submissions, the SDAB may deliberate and reach its decision in private. In arriving at is decision the majority vote of those members present shall constitute the decision of the SDAB. If the vote results in a tie, the appeal is lost. Land Use Bylaw 171/20 Amended November 13, 2023 Page 22 12.6 The Secretary or Chairperson may make a verbal announcement of the SDAB's decision at the conclusion of the hearing of an appeal, but the verbal decision is neither final or binding on the SDAB, and no rights are conferred upon any party by the SDAB's verbal decision until written notice of the decision has been given in accordance with the Act. 12.7 The SDAB shall give its decision and reasons in accordance with the Act to the applicant, the appellant, and those affected persons who gave their name and address to the Secretary during the hearing. 12.8 The Secretary shall, under the direction of the SDAB: 12.8.1 Notify members of the meetings of the SDAB; 12.8.2 Keep available for public inspection before the commencement of the public hearing all relevant documents and materials respecting an appeal under the Act, including the application for the development permit or subdivision, and the appeal therefore, or the order of a Development Officer under Section 645 of the Act, as the case may be; 12.8.3 Make and keep a written record of the proceedings of the SDAB which shall include: a summary of the evidence presented at the hearing; the decision of the development approving authority; the notice of Appeal and Hearing of the Appeal; the SDAB's decision, including reasons, for each appeal. 12.8.4 Keep a list of names and addresses of persons who leave their names and addresses with the Secretary; and 12.8.5 Keep a record of all business coming before the SDAB and after the adoption of the minutes of each meeting of the SDAB, transmit a copy of the minutes to Council. Land Use Bylaw 171/20 Amended November 13, 2023 Page 23 FOUR: Development Permits Section 13: Control of Development 13.1 No development other than that designated in Section 15 shall be undertaken within the Municipality unless an application for it has been approved and a development permit has been issued. Section 14: Fees 14.1 The fees to be charged by the Village on all applications and other matters arising under this Bylaw are set forth in Schedule B. Council may at anytime by resolution revise any fee shown in Schedule B or specify a fee for any other matter arising under this Bylaw. Section 15: When a Development Permit is Not Required 15.1 A Development Permit is not required for the following developments provided that the proposed development complies with all applicable regulations of this Bylaw: 15.1.1 Altering, maintaining or repairing any building, provided that the work does not include structural alterations or does not result in an increase in the number of dwelling units; 15.1.2 The completion of any development which has lawfully commenced before the passage of the Land Use Bylaw or any amendment thereof, provided that the development is completed in accordance with the terms of any permit granted in respect of it, and provided that it has commenced within 12 months of the date of approval; 15.1.3 The use of any such development as is referred to in subsection (b) for the purpose for which the development was commenced; 15.1.4 The temporary erection, installation or use of machinery, structures or buildings such as a construction trailer, that is incidental to the erection or alteration of a permanent development for which a permit has been issued under this Bylaw. This does not include a real estate sales office, show home or similar facility; 15.1.5 The temporary use of a parcel not exceeding six months per year for the sole purpose of mobile commercial sales, providing a business license is obtained from the municipality and the location of the business is to the satisfaction of the Development Officer; 15.1.6 The maintenance and repair of public works, services or utilities carried out by or on behalf of federal, provincial or municipal authorities; 15.1.7 Development specified in Section 618 of the Municipal Government Act; 15.1.8 Any development carried out by or on behalf of the municipality provided that such development complies with all applicable provisions of this Land Use Bylaw; Land Use Bylaw 171/20 Amended November 13, 2023 Page 24 15.1.9 The construction or installation of an accessory building that does not exceed 9.5 m2 in area and 2.5 m in height, provided that the structure is portable and not fixed on a permanent foundation or concrete pad. 15.1.10 Any development carried out by or on behalf of the Crown but not including that carried out by or on behalf of a Crown Corporation; 15.1.11 The erection of an on-site sign offering for sale, lease or rent any land or building pursuant to the regulations contained in this Bylaw; 15.1.12 The erection of one unilluminated sign for non-residential uses of the following nature and size for use within a building or on a parcel, provided such signs do not resemble traffic signs: a facia sign for the purpose of identification, direction and warning not exceeding 0.2 m²; a facia sign relating to a person, partnership or company carrying on a profession, business or trade not exceeding 0.3 m²; and a facia or freestanding sign relating to a religious, educational, cultural, recreational or similar institution, or to an apartment not exceeding 1.0 m²; 15.1.13 Erection of towers, flagpoles and other poles not exceeding 4.5 m in height from grade in any Residential District; 15.1.14 Landscaping where the proposed grades will not adversely affect the subject or adjacent properties, except where a Development Permit allows for such landscaping; and 15.1.15 Stripping, site grading or excavation that is part of a development for which a Development Permit has been issued. Section 16: Non-Conforming Buildings and Uses 16.1 Developments which are considered to be a non-conforming building or use shall be dealt with as provided for under the Municipal Government Act. Section 17: Application for Development Permit 17.1 A Development Permit application shall be made to the Development Officer on the prescribed form and shall be signed by the applicant or his agent. 17.2 Each application for a development permit shall be accompanied by a fee as established by Section 14 of this Bylaw. 17.3 In addition to the completed application form, the following are required: 17.3.1 Duplicate site plans at a scale of 1:100, unless otherwise acceptable to the Development Officer, showing: (a) North arrow; (b) Scale of plan; (c) Legal description of property; (d) Municipal address; Land Use Bylaw 171/20 Amended November 13, 2023 Page 25 (e) Lot lines shown with dimensions; (f) Proposed front, side and rear yards shown with dimensions; (g) Location of existing and proposed municipal and private local improvements, principal building and other structures including accessory building, garages, carports, parking spaces, fences, driveways, paved areas, exterior lighting and major landscaped areas including buffering and screening areas where provided; (h) The grades of adjacent streets, lanes and sewers servicing the property; (i) Development density, site coverage calculations, height by metres and number of storeys according to the definitions of this Bylaw (j) Dimension layout of existing and proposed parking areas, entrances and exits abutting roads shown and labelled; (k) Site topography, drainage patterns, grades and special conditions; and (l) Location of all registered utility easements and rights-of-way. 17.3.2 A copy of the Certificate of Title indicating ownership. 17.4 In addition, the Development Officer may require any of the following: 17.4.1 Photographic prints or slides showing the site in its existing state; 17.4.2 A Plan of Survey prepared by an Alberta Land Surveyor showing the site to be developed; 17.4.3 A geotechnical or floodplain study prepared by a qualified engineer recognized by APEGGA if in the opinion of the Development Officer the site is potentially hazardous or unstable; 17.4.4 A reclamation plan for aggregate extraction or other major surface disturbance; 17.4.5 A Phase 1 Environmental Site Assessment, conducted according to Canadian Standards Association (CSA) guidelines, to determine potential contamination and mitigation; 17.4.6 An Environmental Impact Review prepared by a qualified professional if the proposed development may, in the opinion of the Development Officer, result in potentially significant environmental effects; 17.4.7 Detailed studies regarding the potential impact and approach to dealing with traffic, utilities and storm drainage prepared by a qualified engineer or engineering technologist recognized by APEGGA; 17.4.8 Elevations of any signs proposed for the development; 17.4.9 A letter of security and/or performance bond of up to $5,000 to ensure completion of the development; and 17.4.10 Such other information that is deemed necessary by the Development Officer and/or Municipal Planning Commission. Land Use Bylaw 171/20 Amended November 13, 2023 Page 26 17.5 The Development Officer may deal with an application without all of the required information if, in the opinion of the Development Officer, a decision can be properly made on the application without that information. Section 18: Decision 18.1 The Development Officer and/or Municipal Planning Commission may issue a development permit with any condition deemed necessary to ensure that the development complies with the Municipal Government Act, this bylaw and any or all statutory plans. 18.2 In making a decision on a Development Permit application for a Permitted Use, the Development Officer: 18.2.1 Shall approve, with or without conditions, the application if the proposed development conforms with this Bylaw; and 18.2.2 May require security from the applicant to secure performance of any of the conditions of a development permit; and 18.2.3 May require as a condition of issuing the development permit, that the applicant enter into an agreement with Council to construct or pay for the construction of public roadways, pedestrian walkways, parking and loading facilities, and any off-site levy or redevelopment levy imposed by Bylaw. To ensure compliance with the conditions in the agreement, the Village may register a caveat against the said lands in favour of the Village; or 18.2.4 Refer to the Municipal Planning Commission those applications for development specified in the list of permitted uses, but which in the opinion of the Development Officer, should be directed to the Municipal Planning Commission; or 18.2.5 Shall refuse the application if the proposed development does not conform to this Bylaw. 18.3 In making a decision on a Development Permit application for a Discretionary Use, the Municipal Planning Commission: 18.3.1 May approve the application if it meets the requirements of this Bylaw, with or without conditions, based on the merits of the application including any approved statutory plan or approved policy affecting the site; or, 18.3.2 May refuse the application even though it meets the requirements of this Bylaw; or, 18.3.3 Shall refuse the application if the proposed development does not conform to this Bylaw. 18.4 In reviewing a development permit application for a Discretionary Use, the Municipal Planning Commission shall consider: 18.4.1 The circumstances and merits of the application, including but not limited to: (a) The impact on properties in the vicinity of such nuisance factors as smoke, airborne emissions, odours and noise; Land Use Bylaw 171/20 Amended November 13, 2023 Page 27 (b) The design, character and appearance of the proposed development and in particular whether it is compatible with the surrounding properties; and, (c) The servicing requirements for the proposed development. (d) The purpose and intent of any statutory plan adopted by the Village; and, (e) The purpose and intent of any non-statutory plan or pertinent policy adopted by the Village. 18.5 Notwithstanding any provisions or requirements of this Bylaw, the Municipal Planning Commission may establish a more stringent standard for a Discretionary Use when the Municipal Planning Commission deems it necessary to do so. 18.6 The Municipal Planning Commission shall refuse a development permit for a use or development that is not listed as a Permitted or Discretionary Use. 18.7 Only one development permit application shall be allowed for any one use on a site at any one time. 18.8 An application for a development permit shall be deemed to be refused when a decision is not made by the Development Authority within forty (40) days after receipt of the application by the Development Officer, unless an agreement to extend the forty (40) day period is established between the applicant(s) and the Development Officer and/or Municipal Planning Commission. Section 19: Temporary Permits 19.1 A development permit may be issued on a temporary basis and the Development Officer and/or Municipal Planning Commission may specify the length of time that the permit remains in effect. 19.2 Where a temporary permit is issued, the Development Officer and/or Municipal Planning Commission shall: 19.2.1 Require that the use be stopped or the temporary development removed once the permit expires; 19.2.2 Impose a condition that the Village is not liable for any costs incurred in removing the development; 19.2.3 The Development Officer and/or Municipal Planning Commission may require that the applicant enter into an agreement with the Village guaranteeing the removal of the temporary development when the intended use is changed or discontinued. The agreement may require the applicant to post a security guaranteeing the removal of the development; 19.2.4 Upon expiry of a temporary development permit, a new application is required. Such application shall be considered as a first application and the Development Officer and/or Municipal Planning Commission is not obliged to approve it on the basis that a previous permit was issued. Land Use Bylaw 171/20 Amended November 13, 2023 Page 28 Section 20: Variance Authority 20.1 The Municipal Planning Commission may allow a variance of any standard prescribed in this bylaw provided the variance complies with the requirements of the Alberta Building Code, and the variance does not unduly affect the neighbourhood which includes variances for non- conforming buildings. 20.2 In considering a variance the Municipal Planning Commission shall have regard to the purpose and intent of the district and the nature of developments on adjacent properties. 20.3 If a variance is granted, the Municipal Planning Commission shall specify its nature in the development permit approval. 20.4 A variance may only be granted by the Development Officer to the minimum separation distance for Cannabis Sales to Sites in a residential land use district, if said property is publicly owned land used for the purpose of a buffer strip, walkway, or public utility lot. Section 21: Notice of a Proposed Development 21.1 The Development Officer may refer a development permit application to any external agency for comment and advice. 21.2 On receipt of a complete application for a development permit for a development listed as a Discretionary Use or a development permit that requires a variance, the Development Officer may send a written notice to adjacent property owners indicating the location and nature of the proposed development, and ask for comment. 21.3 After 30 days from the date of referral to any external agency, the Development Officer and/or Municipal Planning Commission may deal with the application whether or not comments have been provided. Section 22: Notice and Validity of Decision 22.1 A decision of the Development Officer and/or Municipal Planning Commission on an application for a development permit shall be given in writing and sent by regular mail to the applicant. 22.2 Where a development permit application is refused, the reason(s) for the refusal shall be stated in the decision letter. 22.3 When a development permit is approved, the Development Officer shall publicize a notice of decision in any or all of the forms as described as follows: 22.3.1 Mail a notice of the decision to all persons whose use, enjoyment or value of the property may, in the opinion of the Development Officer, be affected; and/or 22.3.2 Post a notice of the decision conspicuously on the property for which the application has been made; and/or 22.3.3 Publish in a newspaper circulating in the municipality a notice of the decision. Land Use Bylaw 171/20 Amended November 13, 2023 Page 29 22.4 A permit does not come into effect until 14 days after the date the approval is posted or published in the newspaper. If an appeal is lodged with the SDAB, no development shall be commenced until the appeal is finally determined and the issuance of the development permit is upheld. 22.5 When a development permit is approved after granting a variance, the Development Officer shall send a notice by regular mail to adjacent landowners advising them of the variance and the right of appeal. 22.6 A development permit issued is not valid until all the conditions of the permit, except those of a continuing nature, have been met and no notice of appeal has been filed with the Subdivision and Development Appeal Board within the appeal period. 22.7 If the development authorized by a permit is not commenced within twelve (12) months from the date of its issue, or carried out with reasonable diligence, the permit is deemed to be void, unless an extension to this period has previously been granted by the Development authority. The maximum extension period shall be one year. 22.8 If an application for a development permit has been refused, by the Development Officer, Municipal Planning Commission or by a decision of the Subdivision and Development Appeal Board, another application for a permit may not be submitted on the same property, for the same or similar use of the land, by the same or any other applicant, for six (6) months after the date of the previous refusal or appeal decision. Section 23: Cancellation 23.1 The Municipal Planning Commission and/or Development Officer may cancel a development permit if: the permit was issued in error; or the permit was issued on the basis of incorrect information. Section 24: Appealing a Decision 24.1 The applicant for a development permit may appeal to the Board if the Development Officer and/or Municipal Planning Commission: 24.1.1 Refuses or fails to make a decision on a development permit within 40 days of receipt of a completed application; or 24.1.2 Issues a development permit subject to conditions. 24.2 In addition to the applicant, any person affected by a development permit or the decision on it, may appeal to the Board. 24.3 Notwithstanding 24.1 and 24.2 there is no appeal in respect of the issuance of a development permit for a Permitted Use unless the provisions of this Bylaw are relaxed, varied, or misinterpreted. 24.4 An appeal by an applicant must be commenced within 14 days of the notification of the decision or when the 40 day period or any time extension expires. An appeal by any other affected person must be made within 14 days of the notice of the issuance of the permit was given. Land Use Bylaw 171/20 Amended November 13, 2023 Page 30 24.5 A decision on a development application within a Direct Control District may be appealed only if the Development Officer and/or Municipal Planning Commission did not follow the directions of Council. If the Board finds that the Development Officer and/or Municipal Planning Commission did not follow Council's directions, it may, in accordance with Council's directions, substitute its decision for that of the Development Officer and/or Municipal Planning Commission. Section 25: The Appeal Process 25.1 The Subdivision and Development Appeal Board shall consider and make decisions on appeals pursuant to the provisions of the Municipal Government Act. 25.2 If a notice of appeal of a decision on a development permit application is served on the Secretary of the Subdivision and Development Appeal Board, the permit shall not be effective until: 25.2.1 The decision to approve the permit is upheld by the Subdivision and Development Appeal Board; or, 25.2.2 The Secretary of the Subdivision and Development Appeal Board receives written notice from the appellant withdrawing the appeal. 25.3 If a decision to approve a development permit is reversed by the Board, the development permit shall be null and void. 25.4 If a decision to refuse a development permit application is reversed by the Board, the Board shall direct the Development Officer to issue a development permit in accordance with its decision. 25.5 If a decision to approve a development permit application is varied by the Board, the Board shall direct the Development Officer to issue a development permit in accordance with its decision. 25.6 The decision of the Board is binding except on a question of jurisdiction or law, in which case the appellant may appeal to the Court of Appeal as provided in the Act. Land Use Bylaw 171/20 Amended November 13, 2023 Page 31 FIVE: Amending the Bylaw Section 26: Bylaw Amendments 26.1 Village Council may amend this Bylaw pursuant to the provisions of the Municipal Government Act. 26.2 Any person may apply to amend this Bylaw pursuant to the provisions of the Municipal Government Act and the requirements of the Land Use Bylaw. Section 27: Contents of an Amendment Application 27.1 An application to amend this Bylaw shall be made to the Village on the prescribed form and shall be signed by the applicant or his agent authorized in writing. The following information and documents will accompany the application: 27.2 A written statement of the reason for the request to amend the Bylaw including a statement describing the implications of the amendment; 27.2.1 The required application fee. 27.2.2 If the amendment involves the rezoning of land to a different land use district, the following is also required: (a) A copy of the current Certificate of Title for the lands affected, or any other documentation satisfactory to the Development Authority verifying that the applicant has a legal interest in the land; (b) If the applicant is an agent of the landowner, a letter from the landowner verifying the agent's authority to make the application; (c) Permission for right of entry by the Development Officer or a designated officer of the Village; and (d) A properly dimensioned map indicating the affected site and its relationship to existing land uses on adjacent properties; 27.2.3 Such additional information as the Development Officer may require to properly evaluate and to make recommendations to Council concerning the proposed amendment. 27.3 Council may require, prior to considering a proposed amendment to this Bylaw, that a developer prepare an Area Structure Plan in accordance with the Municipal Government Act or an Outline Plan in accordance with the Municipal Development Plan. Land Use Bylaw 171/20 Amended November 13, 2023 Page 32 Section 28: The Amendment Process 28.1 The amendment application may be referred by the Development Officer to: any external agency for comment and advice; and Council for first reading and to establish a date for a public hearing to be held prior to second reading. 28.2 In accordance with the Municipal Government Act, and after the date for a public hearing has been set by Council, a notice of the application shall be published once a week for two consecutive weeks in a newspaper circulating in the Village. This notice shall contain: 28.2.1 The legal description of the land; 28.2.2 The purpose of the proposed amendment; 28.2.3 The one or more places where a copy of the proposed amendment may be inspected by the public during reasonable hours; 28.2.4 The date, place, and time that Council will hold a public hearing on the proposed amendment; 28.2.5 An outline of the procedures to be followed by anyone wishing to be heard at the public hearing; and 28.2.6 An outline of the procedures by which the public hearing will be conducted. 28.3 If the amendment involves the rezoning of land to a different land use district, a notice shall also be communicated in writing to the owner(s) of the subject land, and to all adjacent landowners. 28.4 Council, after considering: any representations made at the public hearing; and the Municipal Development Plan, and any area structure plan or area redevelopment plan affecting the application and the provisions of this Bylaw; may make such changes as it considers necessary to the proposed amendment, if any, and proceed to pass the proposed amendment, or defeat the proposed amendment. 28.5 Where an application for an amendment has been refused by Council, the Village shall refuse to accept another application on the same land for the same or similar purpose until six (6) months have passed from the date of such refusal. 28.6 If deemed necessary, the Village may initiate an amendment to this Bylaw without the landowner's consent. Land Use Bylaw 171/20 Amended November 13, 2023 Page 33 SIX: Contravention and Enforcement Section 29: Contravention 29.1 No person shall contravene this Bylaw by commencing or undertaking a development, use, or sign that is not permitted under this Bylaw. 29.2 No person shall authorize or do any development that is at variance with the description, specifications or plans that were the basis for issuing a development permit under this Bylaw. 29.3 No person shall contravene a condition of a permit issued under this Bylaw. 29.4 A Bylaw Enforcement Officer or the Development Officer may enforce the provisions of this Bylaw, the Municipal Government Act and its regulations, the conditions of a development permit or subdivision approval. Section 30: Stop Order 30.1 If the Development Officer finds that a development, land use or use of a building is not in accordance with the Act, this Bylaw, a development permit or subdivision approval, the Development Officer may issue a written Stop Order to the owner, the person in possession of the land or building, or other person responsible for the contravention, or all or any of them to: 30.1.1 Stop the development or use of the land or building in whole or part as directed by the notice; 30.1.2 Demolish, remove or replace the development; or 30.1.3 Carry out any other actions required by the notice so that the development or use of the land or building complies with the Municipal Government Act or this Bylaw, a development permit or a subdivision approval within the time set out in the notice. 30.2 A person may appeal a Stop Order to the Subdivision and Development Appeal Board. 30.3 If a person fails or refuses to comply with a Stop Order, the Village may, in accordance with Section 542 of the Municipal Government Act, enter upon the land or building and take such action as is necessary to carry out the order. 30.4 The Village may register a caveat with respect to the Stop Order in the Land Titles Office. Land Use Bylaw 171/20 Amended November 13, 2023 Page 34 Section 31: Offences and Penalties 31.1 Any person who: contravenes or fails to comply with any provision of this bylaw or any permit issued hereunder; or erects or places a sign in contravention of this bylaw; or obstructs or hinders any person in the performance of his duties under this bylaw; or fails to comply with any order of the Development Officer; is guilty of an offence and is liable on a first offence to a penalty of $500.00. The penalty for a second offence shall be $1,500.00. 31.2 Where a Bylaw Enforcement Officer has reasonable grounds to believe that a person has contravened any provision of this bylaw, he may serve upon such person an offence ticket allowing the payment of the specified penalty to the Village in lieu of prosecution for the offence. 31.3 Council may, by resolution, revise penalties for contravention of or non-compliance with the provisions of this Bylaw. 31.4 If the Village takes action to carry out a Stop Order the Village shall cause the costs and expenses incurred in doing so to be placed on the tax roll of the property concerned. Land Use Bylaw 171/20 Amended November 13, 2023 Page 35 SEVEN: General Regulations Section 32: Applicability 32.1 This Part shall apply to all Land Use Districts under this Bylaw. Section 33: Basement Suites 33.1 Basement suites shall be restricted to single detached and duplex dwellings. 33.2 A maximum of two (2) bedrooms may be permitted per basement suite. 33.3 A basement suite shall comply with the Safety Codes Act or its successor. 33.4 One on-site parking stall shall be provided for each bedroom to a maximum of two stalls. 33.5 A basement suite has an entrance separate from the entrance to the primary dwelling unit, either from a common indoor landing or directly from the exterior of the structure, and may be connected by an interior door directly connecting the primary dwelling unit to the basement suite. Exterior access to the basement suite shall be subordinate in both size and appearance to the access of the primary dwelling unit. 33.6 The maximum number of vehicles for basement suite occupants cannot exceed onsite parking stalls provided for the suite. Section 34: Bed and Breakfast Facility 34.1 All persons operating bed and breakfast facilities require a Business License and must provide evidence of compliance with municipal, provincial and/or federal regulations in regard to their operation. 34.2 A bed and breakfast is an accessory use to a principal residential use. 34.3 The Municipal Planning Commission may permit a bed and breakfast only if, in their opinion, it complies with the following regulations: 34.3.1 The privacy and enjoyment of adjacent residences shall be preserved and the amenities of the neighbourhood maintained at all times; 34.3.2 Interior or exterior alterations, additions or renovations to accommodate a bed and breakfast may be allowed provided such alterations, additions or renovations maintain the principal residential appearance or character of the dwelling and comply with this Bylaw, the Safety Codes Act, and any other Village bylaws; 34.3.3 A bed and breakfast shall be operated only by the permanent resident(s) of the principal dwelling and one (1) non-resident employee on site; 34.3.4 One on-site parking stall shall be provided for each bedroom provided for compensation; and 34.3.5 A bed and breakfast shall meet the signage requirements. Land Use Bylaw 171/20 Amended November 13, 2023 Page 36 Section 35: Boarding Facility 35.1 A boarding facility may only be permitted in a single detached and duplex dwelling. 35.2 One on-site parking stall shall be provided for each bedroom provided for compensation. 35.3 A boarding facility shall be operated only by the permanent resident(s) of the principal dwelling. 35.4 No rooms for rent are permitted to have separate kitchen facilities from the principal dwelling. Section 36: Building Design, Character and Appearance 36.1 The design, character, location, external finish, architectural appearance and landscaping of all buildings, including accessory buildings or structures shall be to the satisfaction of the Development Officer/Municipal Planning Commission. Where applicable, buildings shall comply with any architectural/design guidelines in an Area Structure Plan. 36.2 The exterior finish of a building in all residential districts shall be completed by October 31st of the year following the year in which the development permit is issued unless otherwise stipulated in the development permit. 36.3 The undercarriage of a mobile home shall be screened from view by skirting or such other means satisfactory to the Development Officer/Municipal Planning Commission. 36.4 All accessory structures to a mobile home such as patios, porches, additions, skirting and storage facilities shall be fabricated so that the appearance complements the mobile home to the satisfaction of the Development Officer/Municipal Planning Commission 36.5 The exterior finish of commercial structures shall be of wood, prefabricated materials, stone, brick, architecturally finished block or concrete, stucco or other durable aesthetically pleasing material that is appropriate to the development style and to the satisfaction of the Development Authority. 36.6 Roof lines and building facades within commercial districts shall be articulated and varied to reduce perceived mass and linear appearance of large buildings. Section 37: Corner / Double Fronting Lot Restrictions 37.1 No person on a corner lot in any District shall erect, place or maintain, within a triangle formed by the boundaries of the site common with the streets abutting them and a straight line connecting points on each of the said boundaries a distance of six metres from the point where they intersect, a wall, shrub, trees, hedge or any object over one metre in height above the lowest street grade adjacent to the intersection. 37.2 In all districts, a site abutting two streets or more shall have a front yard on each street and two side yards in accordance with the setback requirements of the Bylaw. Land Use Bylaw 171/20 Amended November 13, 2023 Page 37 37.3 In all cases, the location of buildings on corner sites shall be subject to the approval of the Municipal Planning Commission who may at their discretion, relax the front yard setback requirements taking into account the location of existing adjacent buildings or the permitted setback on adjacent sites where a building does not exist, and having regard for the variances allowed. Figure 37.1: Restrictions on Corner/Double Fronting Lots Section 38: Dwelling Units on a Parcel 38.1 The number of dwelling units permitted on a parcel shall be one, except where additional dwellings are: 38.1.1 Contained in a building designed for, or divided into, two or more dwelling units and is located in a land use district which permits multiple units; 38.1.2 A mobile home forming part of a mobile home park for which a development permit has been issued; or 38.1.3 A building as defined in the Condominium Property Act that is the subject of an approved condominium plan registered with Alberta Registries. Section 39: Easements 39.1 A development permit shall not be issued for a development, other than a fence, that encroaches in or over a utility easement or right-of-way without the written consent of the person whom the easement is registered to or the person whose utility line is located in the easement. Section 40: Environmental Conservation 40.1 Within developing areas, existing trees and shrubs should be conserved to the maximum Land Use Bylaw 171/20 Amended November 13, 2023 Page 38 extent possible. 40.2 The following areas shall be retained in their natural state; 40.2.1 Swamps, gullies and natural drainage courses; 40.2.2 Unstable land; 40.2.3 Land subject to flooding by a 1:100 year flood; 40.2.4 Land with a natural gradient of 15% or greater; and 40.2.5 Any lands designated as Environmental Reserve. Section 41: Fencing and Screening 41.1 Fences shall complement the character and quality of the principal building. 41.2 Fences are not permitted in the front yard of any lot. The maximum height of a fence as measured from grade shall be: 1.8 meters 41.2.1 No fence permitted for that portion of the fence which does not extend beyond the most forward portion of the principal building on the lot; 41.2.2 In the case of corner lots pursuant to Section 37, a variance will be given to corner lots with a fence on one of the front yards with a height maximum of 1.5m. Fencing to be permitted on one of the frontages shall be at the discretion of the Development Officer/Municipal Planning Commission. 41.3 Commercial/industrial buildings adjacent to residential areas must be screened by a fence of not less than 2.0 m in height on those sides of the commercial lot abutting the residential area. 41.4 In the case of drive-in businesses, car washing establishments, service stations and gas bars, landscaping shall be provided and maintained to the satisfaction of the Development Officer. Solid fences shall be provided at least 2.0 m in height adjacent to residential areas. 41.5 Notwithstanding 41.2, a higher fence or a fence with barbed or other security features may be approved for public safety, security, privacy or buffering purposes. 41.6 No barbed wire fences shall be permitted in residential areas. 41.7 The electrification of any fences within Warburg shall not be permitted. 41.8 Unless required as part of the sale, promotion or display of the vehicle, equipment or product, all outdoor storage of vehicles, equipment, or products shall be screened from public view to the satisfaction of the Development Officer/Municipal Planning Commission. 41.9 Screening in the form of fences, hedges, landscaped berms or other means is required along the property lines of all commercial and industrial lots where such lines are coterminous with a residential property line or are adjacent to lanes that abut a neighbouring residential property. Such screening shall be at least 2.0 m high. Length and width of the screening shall be at the discretion of the Development Officer/Municipal Planning Commission. Land Use Bylaw 171/20 Amended November 13, 2023 Page 39 41.10 For bulk outdoor storage, including but not limited to auto wrecking, lumber yards, pipe storage and similar uses, where because of height of materials stored, a screen planting would not be sufficient, a fence, earth berm or combination thereof to the satisfaction of the Development Officer/Municipal Planning Commission, shall be required. Section 42: Home Occupations 42.1 Any persons wishing to operate a home occupation from their residence shall be required to apply for a development permit and must meet all the criteria in Sections 42.2 and 42.3. 42.2 All home businesses shall comply with the following general regulations: 42.2.1 All home businesses shall be operated as a secondary use only and shall not change the principal character and external appearance of the dwelling in which it is located. 42.2.2 One professionally non-illuminated fascia sign or nameplate to identify a home occupation not greater than 0.275 square metres in an area placed within the dwelling unit or any accessory building is permitted. 42.2.3 The applicant may be required to obtain a business license prior to the issuance of a development permit. 42.2.4 A home occupation, whether or not a development permit has been issued, shall be reviewed by the Village, when complaints are registered against a home occupation by an affected landowner. A permit issued for a home occupation is liable to recall on the basis of non-compliance on 60 days notice. 42.3 Home businesses shall meet all the requirements of 42.2 above and shall comply with the following regulations: 42.3.1 The home business shall be operated by the permanent resident(s) of the principal dwelling and shall employ no more than two (2) non-resident employees. 42.3.2 There shall be no more than four (4) home business clients or customers on site during any period of 24 hours for a minor home business. 42.3.3 The home business shall not occupy more than 30% of the gross floor area of the principal dwelling. 42.3.4 Any storage of materials or goods related to the minor home business must be located within the principal dwelling and/or accessory structure and no exterior storage is permitted. 42.3.5 The home business shall have no more than two (2) home business vehicles used in conjunction with the home business, parked and maintained on site. There shall be no heavy vehicles used in conjunction with a minor home business. Section 43: Lighting 43.1 Appropriate lighting of multi-attached residential, commercial, industrial and institutional development shall be required to provide security and add visual interest. Land Use Bylaw 171/20 Amended November 13, 2023 Page 40 43.2 Lighting standards and fixtures shall be of consistent design and complement the architectural theme of the buildings located on the site. 43.3 Outdoor lighting shall be located so that rays of light: 43.3.1 Are not directed at an adjacent site or skyward; 43.3.2 Do not adversely affect an adjacent site; 43.3.3 Do not adversely affect traffic safety. Section 44: Lot Grading and Drainage 44.1 The Development Officer/Municipal Planning Commission may require, as a condition of a development permit, that a developer submit a lot grading plan to the Village for approval. 44.2 No on-site drainage, including from a roof or high water, shall flow to the sanitary sewer system, either directly or through pumping (including downspouts). 44.3 No on-site drainage, including drainage from a roof or high water, shall be permitted to flow to either an adjoining private property or onto Village sidewalks or onto a lane or street, except in accordance with an approved grading plan. Suitable methods of on-site retention shall be in accordance with the Village's Engineering Design Guidelines and subject to the approval of the Development Officer. 44.4 All landscaping, topographic reconstruction, retaining walls, or site grading shall be confined to the property and shall not encroach onto any adjoining property including road and lane rights-of-way, utility easements or rights-of-way, environmental or municipal reserves, or any other public or private lands excepting only where such encroachments, are expressly approved by the Development Officer. 44.5 If a person alters the approved lot drainage on a site so that water drains onto adjacent parcels, that person shall be responsible for corrective drainage structures, including retaining walls, to divert water from neighbouring properties. 44.6 Any retaining wall over 1.0 m in height must be designed and inspected after construction by a professional engineer. The land owner shall provide to the municipality the design and inspection report, both bearing the seal and signature of a professional engineer. 44.7 A temporary fence shall be erected around all excavations which in the opinion of the Development Officer/Municipal Planning Commission may be hazardous to the public. Section 45: Objects Prohibited or Restricted in Yards 45.1 No person shall keep or permit in any yard in any district any object or chattel which, in the opinion of the Development Authority is unsafe, unsightly or adversely affects the amenities of the district. This includes dismantled or wrecked motor vehicles, building materials, and any excavation, stockpiling or storage of materials, explosives, flammable liquids, toxic chemicals, and diesel fuel and gasoline products. Land Use Bylaw 171/20 Amended November 13, 2023 Page 41 45.2 The outdoor storage of materials, products, equipment or machinery shall not be permitted in the required front yard of commercial districts unless required as part of the sale, promotion or display of merchandise as determined by the Development Officer/Municipal Planning Commission. 45.3 No occupant of a principal dwelling in a residential district shall permit a recreational vehicle to be used for living or sleeping accommodation for longer than a continuous 14 day period. 45.4 A motor vehicle, recreational vehicle or watercraft shall not be parked in a front yard except on a driveway. Section 46: Permitted Encroachments 46.1 The following encroachments into required front, side and rear yard setbacks in land use districts may be permitted for canopies, balconies, eaves, box-outs, chimneys, gutters, sills, steps/stairs, and, in addition, cantilevers may be permitted to encroach into the front and rear yards only: 46.2 Front Yard: 46.2.1 2.0 m for balconies; and 46.2.2 1.0 m for cantilevers, eaves, gutters, landings, and window sills. 46.3 Rear Yard: 46.3.1 2.0 m for balconies; and 46.3.2 1.0 m for box-outs, cantilevers, eaves, gutters, landings, and window sills. 46.4 Side Yard (Interior): 46.4.1 1.0 m for balconies; and 46.4.2 0.6 m for box-outs, eaves, gutters, landings and window sills. 46.5 Side Yard (Exterior): 46.5.1 1.0 m for balconies; and 46.5.2 0.6 m for box-outs, cantilevers, eaves, gutters, landings and window sills. 46.6 For multi-attached dwellings, balconies and decks may be extended to the lot line or common wall, provided that the common wall is extended for separation/privacy. 46.7 No encroachment will be permitted if, in the opinion of the Development Officer/Municipal Planning Commission, it may interfere with a loading space, parking area, driveway, or other vehicle or pedestrian circulation or access. 46.8 No encroachments will be permitted into the side yard required for vehicular access to the rear yard, unless a minimum vertical height of 3.0 m from finished grade to the lowest point of the Land Use Bylaw 171/20 Amended November 13, 2023 Page 42 projection encroachment is maintained. 46.7 The encroachment length limitations are as follows: 46.7.1 The individual encroachment maximum length shall not exceed 3.0 m; and 46.7.2 The sum of all encroachments maximum length shall not exceed one-third (1/3) of the length of the building wall (not including the garage walls). This does not apply to front or rear yards. Figure 46-1: Permitted Encroachments - Front and Interior Side Yard Setbacks Land Use Bylaw 171/20 Amended November 13, 2023 Page 43 Figure 46-2: Permitted Encroachments - Rear and Exterior Side Yard Setbacks Section 47: Relocation of Buildings other than Mobile Homes 47.1 A person wishing to move an existing building onto a lot shall make application for a Development Permit in the usual way but also provide the following information: 47.1.1 Age, size and structural condition of the building; 47.1.2 Photographs showing all sides of the building; and 47.1.3 A statement of the proposed improvements. 47.2 The Development Officer shall inspect the building which is proposed to be moved in, or he/she may request another qualified person to do so and report back, in either case the expenses of such inspection shall be paid by the applicant before any Development Permit is issued. 47.3 The Development Officer may issue a Development Permit for the proposed building without conditions, or subject to such conditions as he/she deems it necessary to ensure that the building is renovated to a satisfactory standard. 47.4 The Development Officer may require a letter of security and/or performance bond of up to $5,000 to guarantee satisfactory completion of work stipulated in the Development Permit. Land Use Bylaw 171/20 Amended November 13, 2023 Page 44 Section 48: Satellite Dish and Amateur Radio Antennas 48.1 All satellite dish and amateur radio antennas shall be located on the same site as the intended signal user. 48.2 Satellite dishes that conform to all other provisions of the Land Use Bylaw do not require a development permit. 48.3 No satellite dish antenna which is accessory to the principal use of a site shall be located in, or encroach onto, a front or side yard in any residential district. 48.4 A satellite dish antenna larger than 1.0 m in diameter shall not be located on a roof top except for apartment buildings and buildings in non-residential districts. 48.5 Where any portion of a satellite dish antenna is more than 3.0 m above grade, it shall be screened and located to the satisfaction of the Development Officer/Municipal Planning Commission. 48.6 Location restrictions for satellite dish antennas may be waived where the applicant can demonstrate, to the satisfaction of the Development Authority that compliance would interfere with signal reception. 48.7 An applicant for a development permit for an amateur radio antenna shall notify and provide comments of all landowners located within 75 m from the boundary of the property. 48.8 The maximum height of an amateur radio antenna in residential districts shall be 19.0 m. 48.10 Antennas shall not be illuminated unless required by Transport Canada regulations, and except for a manufacturer's logo shall not exhibit or display any advertising. Section 49: Temporary Structures 49.1 A temporary structure may not be erected without permission of the Municipal Planning Commission which may be granted as follows: 49.1.1 Any district other than a residential district subject to the owner agreeing to remove such a building in accordance with the terms and conditions stipulated by the Development Officer; 49.1.2 A residential district provided that: (a) No such temporary building shall have a floor area of more than 16.5 square metres, be more than 3.0 metres in height or set back less than 1.2 metres from the side and rear property lines; and (b) The owner enters into an agreement to remove such a building in accordance with the terms and conditions stipulated by the Municipal Planning Commission; (c) There shall be no more than one temporary structure per site; (d) A temporary building being used as a garage must be placed in the rear yard Land Use Bylaw 171/20 Amended November 13, 2023 Page 45 only; (e) In the case of a pre-manufactured temporary building, the elevations shall be subject to approval of the Municipal Planning Commission; and (f) The building is completed in accordance with the terms stipulated by the Municipal Planning Commission, provided that the temporary building permit shall expire at the end of 24 months, unless renewed by the Municipal Planning Commission for a further term, and that such building will comply with this Bylaw. 49.2 If an owner fails to comply with the terms and conditions of a temporary building development permit, the Development Officer/Municipal Planning Commission may remove or cause to be removed such building as the case may be, the costs of which shall be charged against the lands upon which the temporary building is situated and shall be payable by the owner to the Village on demand. 49.3 A temporary structure shall not be used as a dwelling. 49.4 Metal freight/cargo storage containers shall only be permitted in the Light Industrial Business District. Land Use Bylaw 171/20 Amended November 13, 2023 Page 46 EIGHT: Transportation Facilities Section 50: Parking 50.1 General Regulations: 50.1.1 All off-street parking facilities shall be separated from streets by a landscaped area of at least 1.0 m in width. 50.1.2 All off-street parking facilities shall be so constructed that: (a) Necessary curb cuts are located and flared to the satisfaction of the Development Officer/Municipal Planning Commission; (b) Every off-street parking space provided, and the access thereto shall be hard surfaced if the access is from a street or lane that is hard surfaced; (c) Parking facilities used at night shall have adequate lighting for the entire parking facility. Such lighting shall be directed away from adjacent or other properties; (d) Grades and drainage shall dispose of surface water. In no case shall grades be established that would permit surface drainage to cross any sidewalk or site boundary without the approval of the Development Officer/Municipal Planning Commission; and (e) Parking for the physically handicapped shall be provided as provincial regulations require and shall be considered as part of total number of stalls required for the project. A maximum of 5% of the total number of stalls required may be required to be provided for the handicapped by the M.P.C., provided that a maximum of three stalls may be required for any project, unless exceptional circumstances due to the magnitude of the development would warrant more than three stalls. 50.3 Parking Requirements: 50.3.1 All parking spaces, loading spaces, manoeuvring aisles and driveways shall be surfaced and maintained to the satisfaction of the Development Officer/Municipal Planning Commission. 50.3.2 All parking spaces, loading spaces, manoeuvring aisles and driveways shall be demarcated to the satisfaction of the Development Officer/Municipal Planning Commission. 50.3.3 A parking lot shall be designed, located and constructed so that it: (a) Is accessible to and appropriate for types of motor vehicles using it and the frequency of use; (b) Is appropriately surfaced and drained as required by the Development Land Use Bylaw 171/20 Amended November 13, 2023 Page 47 Officer/Municipal Planning Commission; and (c) Does not interfere with pedestrian or traffic safety. 50.3.4 Size of Parking Stalls and Drive Aisles: (a) Parking angles may have a value of 90 degrees or range from 90 degrees to 45 degrees; (b) Unless otherwise allowed by the Development Officer/Municipal Planning Commission, the minimum dimensions for the design of parking facilities shall be as set out in Figure 50-1 and Table 50-1; (c) Parking dimensions for parking angles between 90 degrees and 45 degrees shall be calculated using a straight-line interpolation between dimensions; (d) For parallel parking, the length of the parking spaces shall be 7.0 m, except that an end space with an open end shall be a minimum of 5.5 m; (e) Manoeuvring aisles and driveways serving as fire lanes shall be at least 6.1 m wide; (vi) Parking stalls shall be clear of all obstructions, other than wheel stops; and (vii) The maximum grade of a parking stall shall not exceed 4% in any direction. Figure 50-1: Illustration of Parking Standard Dimensions Illustration relates to column headings in Table 50-1 Land Use Bylaw 171/20 Amended November 13, 2023 Page 48 Table 50-1: Parking Stall Design Standards Stall Width (a) Parking Angle (in Degrees) (b) Aisle Width (c) Stall Depth Perpendicular to Aisle (d) Parking Unit Depth (e) 7.0 m 0 3.5 m 3.0 m 13.0 m 3.0 m 45 4.0 m 6.0 m 16.0 m 3.0 m 60 5.5 m 6.5 m 18.5 m 3.0 m 90 7.0 m 6.0 m 19.0 m 50.3.5 The portion or portions of a parking lot used for parking must: (a) Be marked off or physically divided to delineate clearly each parking stall, loading space or drive aisle; and (b) Have suitable barriers to prevent motor vehicles from encroaching onto landscaped areas and to protect fences, walls or buildings. 50.3.6 Wheel stops shall not exceed 0.1 m in height above the parking stall surface and shall be placed perpendicular to the parking stall depth, 0.6 m from the front of the parking stall. 50.4 Number of Stalls Required 50.4.1 Where the calculation of the required number of parking stalls or loading spaces results in a fraction number of parking spaces, the next higher number shall be taken. 50.4.2 Where a development falls within two or more of the categories listed in this Section, it shall comply with all parking regulations applicable to all of the categories. The highest requirement shall be used. 50.4.3 Parking stall requirements for uses other than those set out in this Section shall be determined by the Development Officer/Municipal Planning Commission, having regard to similar uses for which specific parking stall requirements are set. 50.4.4 Unless otherwise allowed by the Development Officer/Municipal Planning Commission, the required number of vehicle parking stalls for a use shall be as set forth in the following table (note GFA = Gross Floor Area). Land Use Bylaw 171/20 Amended November 13, 2023 Page 49 Table 50-2: Parking Requirements Land Use Minimum Parking Standard Abattoir 1 stall/100 m2 GFA Agricultural Processing 1 stall/100 m2 GFA Agricultural Support Services 1 stall/100 m2 GFA Apartment - Bachelor/1 Bedroom 1 stall/dwelling unit plus 0.15 stalls/ dwelling unit designated as visitor parking Apartment - 2 Bedroom 1.5 stalls/dwelling unit plus 0.15 stalls/ dwelling unit designated as visitor parking Apartment - 3 or more Bedroom 2 stalls/dwelling unit plus 0.15 stalls/ dwelling unit designated as visitor parking Auction Mart 1 stall/25 m2 GFA Autobody and Repair Shop 6 stalls/bay Automobile and RV Sales and Rental 1 stall/100 m2 GFA Automobile Repair Garage 6 stalls/bay Automobile Service Station 6 stalls/bay; plus 1 stall/25 m2 retail space Automobile Supply Store 1 stall/25 m2 GFA Bank / Financial Institution 2 stalls/100 m2 GFA and a minimum of 5 stalls for staff Basement Suite 1 stall/bedroom Bed and Breakfast Facility 1 stall/rented room in addition to spaces required for dwelling unit Boarding Facility 1 stall/rented room in addition to spaces required for dwelling unit Bottled Gas Sales and Storage 1 stall/100 m2 GFA Breweries, Wineries and Distilleries 1 stall/100 m2 GFA Bulk Fuel Station 1 stall/100 m2 GFA Caterer 1 stall/100 m2 GFA Clinic 1 stall/25 m2 GFA Community Hall Discretion of Development Authority Contracting Services - Major 1 stall/50 m2 GFA for office space and 1 stall/100 m2 GFA for other buildings Contracting Services - Minor 1 stall/50 m2 GFA for office space and 1 stall/100 m2 GFA for other buildings Convenience Food Store 1 stall/25 m2 GFA Day Care Facility 1 stall/staff on duty plus 0.2 stalls/child (design capacity) Dry Cleaning and Laundry Depot / Plant 1 stall/100 m2 GFA Dwelling - Duplex 2 stalls/dwelling unit Dwelling - Fourplex 2 stalls/dwelling unit Dwelling - Rowhouse 2 stalls/dwelling unit Dwelling - Single Detached 2 stalls Dwelling - Triplex 2 stalls/dwelling unit Land Use Bylaw 171/20 Amended November 13, 2023 Page 50 Land Use Minimum Parking Standard Farm Supply Store 1 stall/100 m2 GFA Feed Mills and Grain Elevators 1 stall/100 m2 GFA Florist Shop 1 stall/25 m2 GFA Food and Beverage Service Facility 1 stall/4 seats Funeral Home 1 stall/5 seats Gaming or Gambling Establishment 1 stall/3 seats Gas Bar 3 stalls 0.5 stalls/dwelling unit Handicraft Business 1 stall/100 m2 GFA Hotel 1 stall/guest room plus 1 stall/staff on duty Industry / Manufacturing - Small Scale 1 stall/100 m2 GFA Laboratory 1 stall/50 m2 GFA Laundromat 1 stall/25 m2 GFA Light Equipment Repair / Rental 1 stall/100 m2 GFA Livestock Auction Mart 1 stall/25 m2 GFA Mobile Home 2 stalls Motel 1 stall/guest room plus 1 stall/staff on duty Museum 2 stalls/100 m2 GFA Nursing Home 1 stall/4 beds Office Building 1 stall/50 m2 GFA Oilfield Support Services 1 stall/100 m2 GFA Personal Service Shop 1 stall/25 m2 GFA Pharmacy 1 stall/25 m2 GFA Public Assembly 1 stall/25 m2 GFA Recreation Facility Discretion of Development Authority Recreational Amusement Park Discretion of Development Authority Restaurant 1 stall/4 seats Restaurant - Drive Thru 1 stall/4 seats Restaurant - Takeout/Delivery 3 stalls Retail Store 1 stall/25 m2 GFA School - Elementary and Middle School 5 stalls plus 1 stall per classroom School - High School 1 stall/3 students (design capacity) Seed Cleaning Plant 1 stall/100 m2 GFA Senior Citizen Self Contained Units 2 stalls/dwelling unit plus 1 stall/staff on duty Supermarket 1 stall/25 m2 GFA Taxi and Bus Depot 1 stall/25 m2 GFA Trade / Commercial School 1 stall/3 students (design capacity) Transport / Truck Operation 1 stall/100 m2 GFA Truck and Mobile Home Sales and Rental 1 stall/100 m2 GFA Vehicle Wash 3 stalls Veterinary Clinic 1 stall/50 m2 GFA Warehouse Store 1 stall/25 m2 GFA Land Use Bylaw 171/20 Amended November 13, 2023 Page 51 Section 51: On-Site Loading Requirements 51.1 All multiple-family developments, commercial businesses and industrial businesses shall provide a minimum of one loading space. A loading space shall be designed and located so that all vehicles using that space can be parked and manoeuvred entirely within the bounds of the site without backing to or from adjacent streets. 51.2 A loading space shall be a minimum width of 3.5 m and a minimum depth of 8.0 m and maintain a minimum overhead clearance of 4.6 m. 51.3 For apartment or multiple-family developments with more than twenty (20) units, adequate loading space shall be provided to the satisfaction of the Development Officer/Municipal Planning Commission. Section 52: Vehicles 52.1 Access to Sites: 52.1.1 All access locations and curb crossings require the approval of the Village. 52.1.2 All sites shall be designed so that backing manoeuvres necessary to access a parking stall, a loading door, a drive-through or any other area where vehicles operate, take place wholly on the site. Exceptions are single detached dwellings and individual parking stalls accessing a lane. 52.2 Sight Lines at Intersections of Roadways 52.2.1 At the intersection of lanes, a 3 metre sight triangle shall be maintained: Figure 52-1: Sight Triangle at Intersection of Lanes Land Use Bylaw 171/20 Amended November 13, 2023 Page 52 52.2 At the intersection of other roadways, the Development Officer/Municipal Planning Commission may require the calculation of sight triangles where: (a) One or more rights of way is less than 15 metres in width; or (b) Regulated vehicle speed exceeds 50 kilometres per hour; or (c) One of the carriageways is not centred in its right-of-way; or (d) An intersection leg is curved or skewed; or (e) An intersection leg is sloped at 2 percent or greater. 52.3 Sight triangle calculations shall be in accordance with the recommended methods of the Roads and Transportation Association of Canada regarding crossing sight distances for roadways. 52.3 Driveways: 52.3.1 At street intersections, driveways shall be setback from the parcel boundaries which form the intersection not less than: (a) 6 metres where the driveway serves not more than 4 dwelling units; or (b) 15 metres for other uses, except where existing/planned traffic volumes indicate that a greater distance is needed to improve/maintain traffic safety and efficiency. 52.3.2 Driveway widths for residential parking stalls shall not exceed 40% of the total lot frontage at the property line, but in no case shall be less than 3.0 metres wide. 52.3.3 Commercial and industrial driveways intended for two-way vehicle movement shall be at least 9.0 metres wide. The maximum width of a commercial or industrial driveway shall be 10.0 metres. 52.3.4 The minimum distance between driveways shall be: (a) Nil, where the driveways serve single dwelling units, (b) 6 metres for other uses, except where existing/planned traffic volumes indicate that a greater distance is needed to improve/maintain traffic safety and efficiency. 52.3.5 The minimum angle for a driveway to a commercial, industrial, or high density residential use shall be 70 degrees. Land Use Bylaw 171/20 Amended November 13, 2023 Page 53 NINE: Signs Section 53: General Provisions 53.1 Signs shall only be erected on sites to which their display relates except in the base of advance directional signs which may be approved by the Development Officer/Municipal Planning Commission in locations where it considers the free and safe flow of traffic may be enhanced. 53.2 A sign shall not conflict with the general character of the surrounding landscape or the architecture of nearby buildings or be liable to create a cluttered appearance. 53.3 A sign shall not project closer than 0.75 m to the exterior wall of the building. 53.4 Where a sign projects over public property, a minimum distance of 2.5 m above grade level shall be maintained. 53.5 Notwithstanding 53.4, where a sign projects into or over a driveway or other area of vehicle movement, a minimum clearance of 4.6 m above grade level shall be maintained. 53.6 A sign shall not obstruct the view of or be liable to be confused with an official traffic sign, signal or device or otherwise pose a potential hazard to traffic. 53.7 A sign shall not display lights which may be mistaken for the flashing lights customarily associated with danger or those used by police, fire, ambulance or other emergency vehicles. Section 54: A-Board Signs 54.1 A-Board Signs shall: 54.1.1 Be of a painted finish, be neat and clean, and be maintained in such condition; and 54.1.2 Be of a size not exceeding 0.6 m wide by 0.9 m high, and not less than 0.3 m wide by 0.6 m high. Figure 54-1: A-Board Sign Land Use Bylaw 171/20 Amended November 13, 2023 Page 54 Section 55: Awning and Canopy Signs 55.1 Awning and canopy signs shall not project from the building to a point greater than where a perpendicular line from the front edge of the awning will intersect the sidewalk 0.6 m from the face of the curb. 55.2 Canopy signs may be attached to the sides and front of the canopy, and such signs may extend the entire length and width of the canopy. 55.3 Under canopy signs may be hung from the canopy provided such signs shall not: 55.3.1 Extend beyond the sides or the front of such canopy; and 55.3.2 Exceed a vertical dimension of 1.5 m. 55.4 No person shall erect an awning sign, a canopy sign or an under canopy sign unless such sign: 55.4.1 Is securely hung and anchored to the building to which it is attached; 55.4.2 The structure to which it is attached is capable of resisting all stresses resulting from dead weight, snow and wind loads; 55.4.3 Is at a clearance of not less than 2.8 m from the average ground level at the face of the building; 55.4.4 Does not project more than 3.0 m from the face of the building or structure to which it is attached. Figure 55-1: Awning and Canopy Signs Land Use Bylaw 171/20 Amended November 13, 2023 Page 55 Section 56: Billboards 56.1 A development permit for a billboard shall not be issued unless the billboard is to be located on a lot abutting Highway 39 right-of-way subject to the approval of Alberta Infrastructure and Transportation. 56.2 A billboard sign shall not: 56.2.1 Be more than 3.0 m high, and not more than 6.0 m long; 56.2.2 Have a maximum height above grade of more than 6.0 m; 56.2.3 Have a maximum area exceeding 18 m2; and 56.2.4 Not be located closer than 3.0 m to any property line. 56.3 The land and the sites in and about where the billboards are permitted shall be at all times maintained in a neat and clean manner, free from all loose papers and rubbish. A second face may be required on the billboard where the back of the billboard is visible to pedestrian or vehicle traffic. Section 57: Election Signs 57.1 Election signs may be placed on private or public property (with the approval of the owner/public authority). 57.2 Election signs are permitted on municipal property only as designated by the Development Authority. 57.3 No encroachment of an election sign from private property onto municipal property will be permitted unless it is at a designated location. 57.4 Election signs must be located at least 3.0 m from the edge of the travelling surface of a roadway. 57.5 Election signs on public property may not exceed 3.0 m2 in size nor 3.6 m in height. 57.6 Candidates shall remove their election signs from public and private property within 48 hours after the close of the voting stations on election day and ensure that the site is cleaned up and that the holes are filled with a mixture of topsoil and grass seed; 57.7 If a candidate fails to remove his or her election signs within 48 hours after the voting stations close on election day, the Bylaw Enforcement Officers may remove them and the candidate shall be liable for the cost of removal. 57.8 When an election sign interferes with work being carried out by Village work crews or contractors doing work on behalf of the Village, the crews may remove and dispose of such signs. 57.9 Bylaw Enforcement Officers employed by the Village may remove any election signs, which have been erected, affixed, posted or placed on any Village property in contravention of this bylaw. Land Use Bylaw 171/20 Amended November 13, 2023 Page 56 57.10 A candidate whose name appears on an election sign, which is in contravention of this bylaw, shall be guilty of an offence under this bylaw. Section 58: Fascia Signs 58.1 Fascia signs shall not be located above any portion of a street, or project over public property unless there is a minimum clearance from grade of 2.5 m and a maximum projection of 0.4 m. 58.1.2 A fascia sign shall not exceed 20% of the visible area of the façade of each wall of the building on which it is located; and 58.1.2 A fascia sign may be illuminated. Section 59: Freestanding Signs 59.1 A freestanding sign may be allowed in a setback area as established in the Land Use Bylaw and is subject to the condition that it be removed or relocated at the owner's expense upon 30 days written notice from the Village. 59.2 Freestanding signs in non-residential districts are subject to the following regulations: 59.2.1 One (1) freestanding sign shall be allowed per lot frontage for the purpose of identifying the use or building on that lot; 59.2.2 The sign shall be designed in a manner which is architecturally compatible with the general character of the building and/or the surrounding streetscape, as approved by the Development Officer/Municipal Planning Commission; 59.2.3 The maximum area of the freestanding sign shall not exceed 18 m2; 59.2.4 The maximum height of the freestanding sign shall not exceed 9.0 m; 59.2.5 Free standing signs shall not identify any accessory tenants within the principle building; 59.2.6 The sign may be illuminated, but shall not have flashing or intermittent lights or device or mechanism that creates the impression of flashing or intermittent lights. Reader board signs are permitted. 59.2.7 At the discretion of the Development Officer/Municipal Planning Commission, landscaping may be required at the base of the sign; and 59.2.8 The bottom of freestanding signs shall be a minimum of 3.6 m above grade, unless a lesser distance is approved by the Development Officer/Municipal Planning Commission, and the space between the bottom of the sign and the grade shall be unobstructed, except for such supports as the sign may require. 59.3 Freestanding signs in residential districts shall be permitted under the following provisions: 59.3.1 One identification freestanding sign may be allowed to identify the name of an Land Use Bylaw 171/20 Amended November 13, 2023 Page 57 apartment, multi-family complex, mobile home court or a subdivision, and which does not: exceed 2.0 square metres in area; project within 0.6 metres from the property line; or exceed 3.5 metres in height. 59.3.2 Freestanding signs identifying the name of the community, neighbourhood, or subdivision shall blend in with the architecture or development theme of the surrounding area; and 59.3.3 A neighbourhood identification sign shall not contain an advertisement in any form but may contain the name or logo of the company or companies which developed the neighbourhood. Section 60: Painted Wall Signs 60.1 A painted wall sign shall not exceed 3.0 m in height and 9.0 m in length. 60.2 Only one sign per wall is permitted. 60.3 Notwithstanding Section 60.1, a sign may be the entire length of an exterior wall providing the design has been approved by the Development Officer/Municipal Planning Commission. Figure 60-1: Painted Wall Signs and Projecting Signs Land Use Bylaw 171/20 Amended November 13, 2023 Page 58 Section 61: Portable and Inflatable Signs 61.1 Regulations include: 61.1.1 A portable sign shall be installed, serviced, removed and accessed from the property on which the sign is located; 61.1.2 A portable sign shall not exceed 4.0 m² per face, nor shall any such sign exceed 3.0 m in height from grade; 61.1.3 No portable sign shall be illuminated or employ any flashing or sequential lights or any mechanical or electronic device to produce or stimulate motion, or to be confused with traffic signs; 61.1.4 A portable sign shall not interfere with pedestrian and/or vehicle traffic; 61.1.5 Each property is entitled to utilize one portable sign; 61.1.6 No portable signs are permitted on Village owned property; 62.1.7 A portable sign must be stabilized but shall not use unsightly or potentially hazardous methods; 61.1.8 A portable sign shall be removed immediately on ceasing to be in use; and 61.1.9 A portable sign in use, shall at all times be maintained in good condition and, specifically, shall contain lettering and signage which is secure and complete. Any damaged or missing signage must be repaired within 24 hours of knowledge of same coming to the attention of the permit holder. 61.2 Inflatable Signs: 61.2.1 An inflatable sign shall be tethered or anchored and shall be touching the surface to which it is anchored; 61.2.2 An inflatable sign shall not exceed the maximum free standing sign height allowed (9.0 m); 61.2.3 There shall be a maximum of one (1) inflatable sign per site, but no inflatable sign shall be permitted on the site containing any other portable sign; and 61.2.4 An inflatable sign may be placed on a site twice within a calendar year, but not for more than 30 days at a time. Land Use Bylaw 171/20 Amended November 13, 2023 Page 59 Section 62: Projecting Signs 62.1 No projecting sign shall be erected so that the bottom thereof is less than 2.8 m above the sidewalk; provided however, where traffic lights may be obscured in the opinion of the Development Officer/Municipal Planning Commission, the minimum requirement for the bottom of the projecting sign may be increased to a height of 3.6 m or more above the sidewalk. 62.2 All projecting signs shall maintain the required clearance from overhead power and service lines as required forth under The Electrical Protection Act. 62.3 The maximum area of a projecting sign shall be 4.5 m2. 62.4 The nearest edge of a projecting sign shall not be set off more than 0.3 m from the building face. Section 63: Wall Signs 63.1 Wall signs shall be securely fastened to walls and shall not be entirely supported by an unbraced parapet wall. 63.2 The maximum horizontal dimension of a wall sign shall be 6.0 m. Land Use Bylaw 171/20 Amended November 13, 2023 Page 60 TEN: Land Use Districts Section 64: Establishment of Land Use Districts 64.1 For the purposes of this Bylaw the Village of Warburg is divided into the following districts: Residential Low Density R1 Residential Low Density Class A R1A Residential Low Density Class B R1B Residential General R2 Residential Mobile Home Court R-MHC Residential Mobile Home Subdivision R-MHS Commercial Central C-1 Light Industrial Business LIB Direct Control D-C Public Use P Urban Reserve U-R IBX Mixed Use Industrial Business Park IBX-MUIBP 64.2 The boundaries of the districts listed in this Bylaw are as delineated in Schedule A, Land Use District Map. 64.3 Where uncertainty exists as to the boundaries of districts as delineated in the Land Use District Map, the following rules shall apply: 64.3.1 Where a boundary is shown as following a street, lane, or creek, it shall be deemed to follow the centre line thereof. 64.3.2 Where a boundary is shown as approximately following a lot line, it shall be deemed to follow the lot line. 64.3.3 Where land use districts have been established in accord with a proposed subdivision of land, the districts shall be understood to conform to the Certificate of Title or the Plan of Survey when registered in a land title office. Prior to the registration, the district boundary shall be determined on the basis of the scale of the map. 64.4 The district standards of this Bylaw do not apply to roads, lanes, or other public thoroughfares. Land Use Bylaw 171/20 Amended November 13, 2023 Page 61 Table 64-1: Residential Land Uses P = Permitted D = Discretionary Land Use District Land Use Type R1 R1A R1B R2 R-MHC R-MHS Accessory Building P P P P P P Apartment D Assisted Living Facility D Basement Suites - Single Detached D D D Bed and Breakfast Facility D D D D Boarding Facility D D D Dwelling, Duplex D D P Dwelling, Fourplex D Dwelling, Rowhouse D Dwelling, Single Detached P P P P Dwelling, Triplex D Funeral Home D Group Care Facility D D D Home Occupation P P P P P P Mobile Home D P/D P/D Public Assembly P P P P P Public Use P P P P P P Utility Buildings D D D D D D Land Use Bylaw 171/20 Amended November 13, 2023 Page 62 Section 65: R1 Residential Low Density District 65.1 Purpose: To provide an area for single detached residential development. 65.2 Uses: 65.3 Site Regulations: In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply to every development in this district. Site Coverage 40%. Minimum Floor Area 100 square metres. Bi-level, upper floor area 70 meters squared; 850 square feet Maximum Building Height Dwelling - 10.0 metres (32.8 feet) from grade to roof peak. Garage and Accessory Building - 5.0 metres (16.4 feet) from grade to roof peak. Minimum Parcel Area Interior Parcels 550 square metres (5,940 square feet). Corner Parcels 600 square metres (6,480 square feet). Double Fronting Yards A site abutting two streets or more shall have a front yard on each street and two side yards in accordance with the setback requirements of the Bylaw. Front Yard Setback Dwelling - 6.5 m (21.3 feet). Garage and Accessory Building - None in Front Yard. Rear Yard Setback Dwelling - 7.5 m (24.6 feet) except on corner or double fronting lots. Garage and Accessory Building - 0.6 metres (2.0) feet, except where vehicle doors face a lane 3.0 metres (9.8 feet). Permitted Uses Discretionary Uses Accessory Building Dwelling, Single Detached Home Occupation Public Assembly Public Use Bed and Breakfast Facility Utility Building Similar Use Land Use Bylaw 171/20 Amended November 13, 2023 Page 63 Side Yard Setback Dwelling In the case of roadway and lane systems: - 1.5 metres (4.9 feet). In the case of laneless systems: - 3.0 metres (9.8 feet). Garage and Accessory Building In the case of roadway and lane systems: - 1.0 metres (3.3 feet). Garage Roof Overhang - 0.3 metres (1.0 feet). Landscaping All yards shall be landscaped with trees, shrubs and planted groundcover in accordance with plans approved by the Development Authority. Notwithstanding any provisions of this Bylaw to the contrary, as a condition of approval of a development permit, all landscaping and planting required must be carried out to the satisfaction of the Development Authority within twelve months of occupancy or commencement of operation of the development. Parking A two car parking area shall be provided to the rear, side or front of the dwelling. Notwithstanding, in the case of a dwelling fronting onto an arterial road, the parking area shall access from the lane where one is provided. Land Use Bylaw 171/20 Amended November 13, 2023 Page 64 Section 66: R1A Residential Low Density Class A District 66.1 Purpose: This district is generally intended to accommodate single detached dwellings and duplexes in areas developed prior to 2008. 66.2 Uses: 66.3 Site Regulations: In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply to every development in this District. Site Coverage 40%. Minimum Floor Area 100 square metres (1,080 square feet). Bi-level: upper floor area 79 square meters, 850 square feet Minimum Parcel Width In the case of roadway and lane systems: - 15.0 metres (49.2 feet) for internal lots; and - 17.0 metres (55.8 feet) for corner or double fronting lots. In the case of laneless systems: - 18.0 metres (59.0 feet) for internal lots; and - 20.0 metres (65.6 feet) for corner or double fronting lots. Minimum Parcel Depth 34.0 metres (111.5 feet). Maximum Building Height Dwelling - 10.0 metres (32.8 feet) from grade to roof peak. Garage and Accessory Building - 5.0 metres (16.4 feet) from grade to roof peak. Double Fronting Lots A site abutting two streets or more shall have a front yard on each street and two side yards in accordance with the setback requirements of the Bylaw. Permitted Uses Discretionary Uses Accessory Building Dwelling, Single Detached Home Occupation Public Assembly Public Use Basement Suite - Dwelling, Single Detached Only Bed and Breakfast Facility Boarding Facility Dwelling, Duplex Group Care Facility Utility Building Similar Use Land Use Bylaw 171/20 Amended November 13, 2023 Page 65 Front Yard Setback Dwelling - 8.0 metres (26.2 feet). Garage and Accessory Building - None in Front Yard. Rear Yard Setback Dwelling - 8.0 metres (26.2 feet) except on corner or double fronting lots. Garage and Accessory Building - 0.6 metres (2.0) feet, except where vehicle doors face a lane 3.0 metres (9.8 feet). Side Yard Setback Dwellings In the case of roadway and lane systems: - 1.5 metres (4.9 feet). In the case of laneless systems: - 3.0 metres (9.8 feet). Garage In the case of roadway and lane systems: - 1.5 metres (4.9 feet). In the case of laneless systems: - 3.0 metres (9.8 feet). Garage Roof Overhang - 0.3 metres (1.0 feet). Landscaping All yards shall be landscaped with trees, shrubs and planted groundcover in accordance with plans approved by the Development Authority. Notwithstanding any provisions of this Bylaw to the contrary, as a condition of approval of a development permit, all landscaping and planting required must be carried out to the satisfaction of the Development Authority within twelve months of occupancy or commencement of operation of the development. Parking A two car parking area shall be provided to the rear, side or front of the dwelling. Notwithstanding, in the case of a dwelling fronting onto an arterial road, the parking area shall access from the lane where one is provided. Land Use Bylaw 171/20 Amended November 13, 2023 Page 66 Section 67: R1B Residential Low Density Class B District 67.1 Purpose: This district is generally intended to accommodate single detached dwellings, duplexes and mobile homes in areas developed prior to 2008. 67.2 Uses: 67.3 Site Regulations: In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply to every development in this District. Site Coverage 40%. Minimum Floor Area 100 square metres (1,080 square feet). Bi-level: upper floor area 79 square meters; 850 square feet Minimum Parcel Width In the case of roadway and lane systems: - 15.0 metres (49.2 feet) for internal lots; and - 17.0 metres (55.8 feet) for corner or double fronting lots. In the case of laneless systems: - 18.0 metres (59.0 feet) for internal lots; and 20.0 metres (65.6 feet) for corner or double fronting lots. Minimum Parcel Depth 34.0 metres (111.5 feet). Maximum Building Height Dwelling - 10.0 metres (32.8 feet) from grade to roof peak. Garage and Accessory Building - 5.0 metres (16.4 feet) from grade to roof peak. Double Fronting Yards A site abutting two streets or more shall have a front yard on each street and two side yards in accordance with the setback requirements of the Bylaw. Permitted Uses Discretionary Uses Accessory Building Dwelling, Single Detached Home Occupation Public Assembly Public Use Basement Suite - Dwelling, Single Detached Only Bed and Breakfast Facility Boarding Facility Dwelling, Duplex Group Care Facility Mobile Home Utility Building Similar Use Land Use Bylaw 171/20 Amended November 13, 2023 Page 67 Front Yard Setback Dwelling - 8.0 metres (26.2 feet). Garage and Accessory Building None in Front Yard. Rear Yard Setback Dwelling 8.0 metres (26.2 feet) except on corner or double fronting lots. Garage and Accessory Building 0.6 metres (2.0) feet, except where vehicle doors face a lane 3.0 metres (9.8 feet). Side Yard Setback Dwellings In the case of roadway and lane systems: - 1.5 metres (4.9 feet). In the case of laneless systems: - 3.0 metres (9.8 feet). Garage and Accessory Building In the case of roadway and lane systems: - 1.0 metres (3.3 feet). Garage Roof Overhang - 0.3 metres (1.0 feet). Landscaping All yards shall be landscaped with trees, shrubs and planted groundcover in accordance with plans approved by the Development Authority. Notwithstanding any provisions of this Bylaw to the contrary, as a condition of approval of a development permit, all landscaping and planting required must be carried out to the satisfaction of the Development Authority within twelve months of occupancy or commencement of operation of the development. Parking A two car parking area shall be provided to the rear, side or front of the dwelling. Notwithstanding, in the case of a dwelling fronting onto an arterial road, the parking area shall access from the lane where one is provided. Land Use Bylaw 171/20 Amended November 13, 2023 Page 68 Section 68: R2 Residential General District 68.1 Purpose: To provide an area for a variety of dwelling types which are compatible with a residential area. 68.2 Uses: 68.3 Site Regulations: In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply to every development in this district. Site Coverage 50% Minimum Parcel Area Dwelling, Single Detached: - Interior Parcels 460 square metres (4,968 square feet); and - Corner Parcels 510 square metres (5,508 square feet). Dwelling, Duplex, Triplex and Fourplex (Per Unit): - Interior Parcels 230 square metres (2,484 square feet); and - Corner Parcels 255 square metres (2,754 square feet). Dwelling, Rowhouse (Per Unit): - Interior Parcels 185 square metres (1,998 square feet) and - Corner Parcels 275 square metres (2,970 square feet). Maximum Building Height Dwellings: Detached, Duplex, Fourplex, Rowhouse, Triplex and Group Care Facility 10.0 metres (32.8 feet) from grade to roof peak Permitted Uses Discretionary Uses Accessory Building Dwelling, Single Detached Dwelling, Duplex Home Occupation Public Assembly Public Use Apartment Assisted Living Facility Basement Suite - Dwelling, Single Detached Only Bed and Breakfast Facility Boarding Facility Dwelling, Fourplex Dwelling, Rowhouse Dwelling, Triplex Group Care Facility Utility Building Similar Use Land Use Bylaw 171/20 Amended November 13, 2023 Page 69 Maximum Building Height Garage and Accessory Building - 5.0 metres (16.4 feet) from grade to roof peak. Apartment A maximum of three full storeys above grade: flat roof - 11.0 metres (36.1 feet); sloped roof - 14.75 metres (48.4 feet). Double Fronting Yards A site abutting two streets or more shall have a front yard on each street and two side yards in accordance with the setback requirements of the Bylaw. Front Yard Setback 6.5 metres (21.3 feet). Rear Yard Setback All Dwellings - 7.5 m (24.6 feet) except on corner or double fronting lots. Garage and Accessory Building - 0.6 metres (2.0) feet, except where vehicle doors face a lane 3.0 metres (9.8 feet) Side Yard Setback Dwelling, Duplex, Fourplex, Rowhouse, Single Detached and Triplex In the case of roadway and lane systems: - 1.5 metres (4.9 feet). In the case of laneless systems: - 3.0 metres (9.8 feet). Apartments - 3.0 metres (9.8 feet) except where it abuts public roadway 6.0 metres (19.7 feet). Garages In the case of roadway and lane systems: - 1.0 metres (3.3 feet). Garage Roof Overhang - 0.3 metres (1.0 feet). Landscaping All yards shall be landscaped with trees, shrubs and planted groundcover in accordance with plans approved by the Development Authority. Notwithstanding any provisions of this Bylaw to the contrary, as a condition of approval of a development permit, all landscaping and planting required must be carried out to the satisfaction of the Development Authority within twelve months of occupancy or commencement of operation of the development. Parking See Section 8 of this Bylaw. Land Use Bylaw 171/20 Amended November 13, 2023 Page 70 Section 69: R-MHC Residential Mobile Home Court District 69.1 Purpose: To provide an area for and to regulate the development and use of land for mobile homes, and other uses herein listed, which are compatible with a residential area and located with comprehensively designed courts wherein sites are rented or owned as part of a condominium. 69.2 Uses: 69.3 Site Regulations: In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply to every development in this district. Court Size Maximum Size 2.0 hectares (4.9 acres) Maximum Gross Density 20 units per hectare (8.1 units per acre) Minimum Site Area/Unit 400 square metres (4,320 square feet) Site Coverage Maximum 40% Roadways Roadways shall have at least a 12.0 metre (39.4 feet) right- of-way and a carriageway of no less than 8.0 metres (26.2 feet) in width. Minimum Floor Area 90 square metres (972 square feet). Minimum Site Width 12.0 metres (39.4 feet). Setbacks 7.0 metres (23.0 feet) from any park boundary. 3.0 metres (9.8 feet) from any internal access road or common parking area. 1.5 metres (4.9 feet) from any side lot line. 4.5 metres (14.8 feet) from any rear lot line. Permitted Uses Discretionary Uses Accessory Building Home Occupation Mobile Homes < Eight (8) years of age from the date of Development Permit Application Public Use Mobile Homes > Eight (8) years of age from the date of Development Permit Application Utility Building Similar Use Land Use Bylaw 171/20 Amended November 13, 2023 Page 71 Regulations 1. A site plan shall be required prior to the development of land in this district. The plan must include the following to the satisfaction of the Development Authority: access, road system, walkway system and site pattern showing dimensions and structures; provision for on-site garbage collection facilities; open space at a minimum of 5% of the park, designated for recreational and playground use, provision of a landscaped buffer of 4.6 m or greater between any mobile home and the lot line bounding the manufactured home court; provisions for outdoor lighting; identification and directional signs; location of parking aprons (hard surfaced) for every proposed lot; proposed location of mobile home for every lot; proposed landscaping of the individual lots and throughout the park; screened storage compound for trucks, trailers, campers, snowmobiles, boats, etc; shall establish guidelines and standards satisfactory to the Development Authority governing design and materials of carports, patios, storage buildings, skirting, fences, fuel storage and supply facilities and other attached or detached structures; and such other information as deemed necessary by the Development Authority. 2. Within the mobile home court no mobile homes, including attached structures, shall be within 3.0 m (9.8 feet) from any mobile home, including any attached structures that are located directly on the opposite side of a park street. 3. All manufactured homes shall have CSA and Alberta Building Standards (ABS) label numbers. 4. Equipment used for transportation of manufactured homes shall be removed from the dwelling and finishing installed within 30 days of placement. 5. Dwellings shall be placed on a CSA Z240.10.1 standard foundation, an engineer approved foundation, or a basement. 6. All attached or accessory structures such as room additions, porches, sun rooms, garages and garden sheds shall be a factory prefabricated units or of an equivalent quality and shall be pre-finished or painted so that the design and construction complements the principal building. 7. The roof line of any addition shall not exceed the height of the dwelling. Land Use Bylaw 171/20 Amended November 13, 2023 Page 72 Regulations - Continued 8. A lot may be used only for the siting of one mobile home 9. Designated visitor parking areas shall be evenly distributed throughout the court, and each visitor parking shall include a minimum of three parking stalls: 10. Pursuant to the Municipal Government Act, the owner or agent of every designated mobile home court in the Village shall notify the assessor of the Village in writing of: any mobile homes locating in the park, or moving to a different site within the park, within 10 days of the changes with the following information; name and address of the owner of the mobile home; make and serial number of the mobile home, site location of the unit within the park; and any change of ownership or any removal of a mobile home from the park 10 days prior to change or removal. 11. The storage area for vehicles, recreation vehicles, water craft and other items that cannot be stored on a mobile home lot shall, where possible, be provided with a minimum of 19 m2 (205 square feet) of storage area per mobile home lot. 12. A storage area shall be enclosed or screened by trees, landscape features or fences or a combination thereof to the satisfaction of the Development Authority. 13. No vehicle over 4,536 kilograms (9,979 lbs.) shall be parked on a mobile home court lot or mobile home court street for longer than is reasonably required to load or unload such vehicle. 14. No vehicle greater that 7.6 m (24.9 feet) in length may be parked on a mobile home lot within a mobile home court. 15. No more than one recreation vehicle or trailer may be parked on a mobile home lot within a mobile home court. A licensed recreation vehicle, owned by a temporary guest of the occupants of a mobile home, may be parked on that mobile home lot, regardless of its size, for a period not exceeding two weeks. 16. The outdoor storage of materials, products, equipment or machinery shall not be permitted in this district except in designated storage areas. 17. All utility lines shall be placed underground or as may be stipulated in a development agreement. 18. Mobile home courts shall be fully serviced with approved common water distribution and sewage collection systems. Land Use Bylaw 171/20 Amended November 13, 2023 Page 73 Section 70: R-MHS Residential Mobile Home Subdivision District 70.1 Purpose: To provide an area for and to regulate the development and use of land for mobile homes, and other uses herein listed, which are compatible with a residential area on separately registered parcels. 70.2 Uses: 70.3 Site Regulations: In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply to every development in this district. Site Coverage 35%. Floor Area 90 square metres (972 square feet). Minimum Parcel Area Interior Parcels - 460 square metres (4,968 square feet); and Corner Parcels - 510 square metres (5,508 square feet). Double Fronting Lots A site abutting two streets or more shall have a front yard on each street and two side yards in accordance with the setback requirements of the Bylaw. Front Yard Setback Mobile Home - 6.0 metres (19.7 feet). Garage and Accessory Building - None in the Front Yard. Rear Yard Setback Mobile Home - 7.5 m (24.6 feet) except on corner or double fronting lots. Garage and Accessory Building - 0.6 metres (2.0) feet, except where vehicle doors face a lane 3.0 metres (9.8 feet). Permitted Uses Discretionary Uses Accessory Building Home Occupation Mobile Homes < Eight (8) years of age from the date of Development Permit Application Public Assembly Public Use Mobile Homes > Eight (8) years of age from the date of Development Permit Application Utility Building Similar Use Land Use Bylaw 171/20 Amended November 13, 2023 Page 74 Side Yard Setback Mobile Home In the case of roadway and lane systems: - 1.5 metres (4.9 feet). In the case of laneless systems: - 3.0 metres (9.8 feet). Garage and Accessory Building In the case of roadway and lane systems: - 1.0 metres (3.3 feet). Garage Roof Overhang - 0.3 metres (1.0 feet). Landscaping All yards shall be landscaped with trees, shrubs and planted groundcover in accordance with plans approved by the Development Authority. Notwithstanding any provisions of this Bylaw to the contrary, as a condition of approval of a development permit, all landscaping and planting required must be carried out to the satisfaction of the Development Authority within twelve months of occupancy or commencement of operation of the development. Parking A two car parking area shall be provided to the rear, side or front of the dwelling. Notwithstanding, in the case of a dwelling fronting onto an arterial road, the parking area shall access from the lane where one is provided. Land Use Bylaw 171/20 Amended November 13, 2023 Page 75 Section 71: C1 Commercial Central District 71.1 Purpose: To provide for an area for intensive commercial use, offering a wide variety of goods and services and other uses, herein listed, which are compatible with the area, which will create an attractive environment for pedestrians, but which will be accessible to motor vehicles. 71.2 Uses: Permitted Uses Discretionary Uses Automobile Supply Store Bank / Financial Institution Clinic Convenience Food Store Contracting Services - Minor Dry Cleaning and Laundry Depot / Plant Dwelling Units Above Ground Floor Business Florist Shop Food and/or Beverage Service Facility Handicraft Business Laundromat Light Equipment Repair / Rental Office Building Personal Service Shop Pharmacy Public Use Restaurant Restaurant - Drive Thru Restaurant - Takeout / Delivery Retail Store Sign Supermarket Accessory Use Apartment Automobile Repair Garage Breweries, Wineries and Distilleries Building Demolition Communication Tower Parking Facility Recreation Facility Recycling Depot Taxi / Bus Depot Temporary Mobile Commercial Sales Vehicle Wash Utility Building Similar Use Land Use Bylaw 171/20 Amended November 13, 2023 Page 76 71.3 Site Regulations: In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply to every development in this district. Site Coverage 100% Floor Area n/a Minimum Parcel Area n/a Maximum Building Height A maximum of three full storeys above grade: flat roof - 11.0 metres (36.1 feet); sloped roof - 14.75 metres (48.4 feet). Front Yard Setback Nil. Side Yard Setback Nil, except where abutting a residential street 2.5 metres or ½ the height of the building, whichever is greater Rear Yard Setback Shall be provided for parking and loading spaces. Parking and Loading Part 8 of this Bylaw. Outdoor Storage and Display Outdoor storage and display is not permitted except sidewalk sales. Garbage storage shall be confined to a designated area, and shall not have an adverse affect on the use or circulation on the parcel or adjacent parcels. Dwelling Unit Entrance Dwelling units shall have an entrance separate for the entrance to any commercial component of the building. Land Use Bylaw 171/20 Amended November 13, 2023 Page 77 Section 72: LIB Light Industrial Business District 72.1 Purpose: To provide an area for planned light industrial business parks containing clean industrial uses with compatible commercial uses. 72.2 Uses: Permitted Uses Discretionary Uses Automobile and RV Sales and Rental Automobile Service Station Automobile Supply Store Bank / Financial Institution Breweries, Wineries & Distilleries Caterer Clinic Convenience Food Store Contracting Services - Minor Farm Supply Store Florist Shop Food and/or Beverage Service Facility Gas Bar Handicraft Business Hotel Laundromat Light Equipment Repair / Rental Motel Office Building Personal Service Shop Pharmacy Public Use Restaurant - All Types Retail Store Shopping Centre Sign Supermarket Theatre - Movie Truck and Mobile Home Sales and Rental Truck Stop Veterinary Clinic Warehouse Store Abattoir Accessory Use Auction Mart Autobody and Repair Shop Automobile Repair Garage Bottled Gas Sales and Storage Cannabis Retail Cannabis Production Facility Cannabis Sales Caretaker's Residence Communication Tower Concrete Manufacturing/Plant Contracting Services - Major Dry Cleaning and Laundry Plant / Depot Dwelling Units Above Ground Floor Business Feed Mills and Grain Elevators Gaming or Gambling Establishment Industry/Manufacturing - Small Scale Laboratory Livestock Auction Mart Oilfield Support Services Parking Facility Propane Transfer Facility Recreational Amusement Park Recreation Facility Recycling Depot Research Facility Seed Cleaning Plant Tanker Truck Washing Facility Taxi / Bus Depot Temporary Mobile Commercial Sales Transport/Truck Operation Truck and Mobile Home Sales and Rental Truck Stop Utility Building Vehicle Wash Similar Use Land Use Bylaw 171/20 Amended November 13, 2023 Page 78 72.3 Site Regulations: In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply to every development in this district. Minimum Parcel Area 0.4 hectares (1.0 acres). Minimum Parcel Frontage 30 metres (98.4 feet). Maximum Building Height A maximum of three full storeys above grade: flat roof - 11.0 metres (36.1 feet); sloped roof - 14.75 metres (48.4 feet). Front Yard Setback 9.0 metres (29.5 feet). Side Yard Setback 3.0 metres (9.8 feet). Rear Yard Setback 3.0 metres, except where abutting a residential district 7.5 metres (24.6 feet). Landscaping When a development is proposed adjacent to a residential land use district, a public park, or a recreational uses, a buffer shall be provided and maintained to the satisfaction of the Development Authority. The buffer may be comprised of any or all of the following: landscaped greenspace; closed or open fencing; trees; and earth berming. Parking and Loading Part 8 of this Bylaw. Outdoor Storage All outdoor storage shall be screened. All outdoor display shall be screened from residential districts. Storage is not allowed in front yard. Garbage storage shall not have an adverse impact on the use or circulation on the parcel or adjacent parcels. Cannabis Retail To receive development approval, cannabis retailers must be located in areas zoned for those kinds of businesses. (LIB) Light Industrial Business Cannabis retailers are also not allowed within 300 metres of facilities such as schools, health care and recreation facilities, playgrounds or other cannabis retailers. The business license fee for Cannabis Retailers is $1000.00 and can only be approved after the applicant has already lined up all the necessary Alberta Gaming and Liquor Commission approvals including the background check process. Should a cannabis business change hands, the license expires, and the new potential owner would also have to go through the same process for licensing. Land Use Bylaw 171/20 Amended November 13, 2023 Page 79 Section 73: D-C Direct Control Transitional District 73.1 Purpose: To provide for a transitional area that is compatible with the general nature of the adjacent residential neighbourhood. 73.2 Uses: 73.3 Site Regulations: In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply to every development in this district. Site Coverage At Council's discretion. Floor Area At Council's discretion. Minimum Parcel Area At Council's discretion. Maximum Building Height At Council's discretion. Front Yard Setback At Council's discretion. Side Yard Setback At Council's discretion. Rear Yard Setback At Council's discretion. Parking At Council's discretion. Accessory Buildings At Council's discretion. Permitted Uses Discretionary Uses Such uses as deemed by Council to be compatible with the general nature of the residential neighbourhood. Greenhouse Warehouse Land Use Bylaw 171/20 Amended November 13, 2023 Page 80 Section 74: P Public Use District 74.1 Purpose: To provide for an area for the development of public land, which are compatible with the adjacent surroundings. 74.2 Uses: 74.3 Site Regulations: In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply to every development in this district. Site Coverage 40% Floor Area n/a Minimum Parcel Area n/a Maximum Building Height A maximum of three full storeys above grade: flat roof - 11.0 metres (36.1 feet); sloped roof - 14.75 metres (48.4 feet). Front Yard Setback Equal to or greater than the building height. Side Yard Setback Equal to or greater than the building height. Rear Yard Setback Equal to or greater than the building height. Parking Section 54 of this Bylaw. Accessory Buildings Section 33 of this Bylaw. Permitted Uses Discretionary Uses Campground Community Hall Day Care Facility Golf Course Institutional Use Museum Nursing Home Park Public Use School Signs (Public) Accessory Use Building Demolition Cemetery Communication Tower Lagoon Parking Lot (public) Public Assembly Recreation Facility Trade/Commercial School Utility Building Similar Use Land Use Bylaw 171/20 Amended November 13, 2023 Page 81 Section 75: Urban Reserve District (U-R) 75.1 Purpose To reserve those areas of the municipality which are rural in character or land use for urban development until such time as a subdivision plan has been accepted in principle or approved for other specific uses not permitted in this district. The reclassification of land to other land use districts will normally occur subsequent to the acceptance of an Area Structure Plan where one is required by Council, and subsequent to the approval of subdivisions proposed. 75.2 Uses Permitted Uses Discretionary Uses Single Detached Dwelling on Existing Parcel Greenhouse or Plant Nursery Kennel Natural Resource Development Temporary Use or Building which in the opinion of the Municipal Planning Commission will not prejudice the possibility of conveniently and economically replotting or developing the area in the future. 75.3 Site Regulations All site regulations shall be at the discretion of the Municipal Planning Commission. Land Use Bylaw 171/20 Amended November 13, 2023 Page 82 Section 76: CANNABIS PRODUCTION FACILITY 1) The owner or applicant shall provide as a condition of Development Permit a copy of the current license and all subsequent license renewals for all activities associated with Cannabis production issued by Health Canada. 2) The owner or applicant shall obtain any other approval, permit, authorization, consent or license that may be required to endure compliance with applicable federal, provincial or municipal legislation. 3) All processes and functions of the Development shall be fully enclosed within a stand- alone Building, including but not limited to all Loading Spaces and docks, garbage containers, storage and waste material. 4) The Development shall be singular Use and shall not be operated in conjunction with any other Uses. 5) The Development shall not be located Adjacent to an Arterial Road. 6) The Development shall include equipment designed and intended to remove odours from the air where it is discharged from the Building as part of a ventilation system. 7) The Development Site shall be located a minimum of 300.00 m from a residential district. 8) The Development Authority may require, as a condition of Development Permit, a waste management plan, completed by a qualified professional, that includes details regarding: a) The incineration of waste products and airborne emissions, including smell; b) The quantity and characteristics of liquid and waste material discharged by the facility; and c) The method and location of collection and disposal of liquid and waste material. 9) The minimum number of Parking Stalls shall be based on the requirements for General Industrial Uses. 10) Fencing of the Site shall be required for security purposes, subject to the provisions of Section 41. 11) Notwithstanding the provisions of Part Nine: Signs, no Sign shall be displayed on the Site that identifies the Use. 12) The Development may be subject to periodic inspections to ensure compliance with the Alberta Building Code, Alberta Fire Code, National Energy Code of Canada, Land Use Bylaw and approved Development Permit. Land Use Bylaw 171/20 Amended November 13, 2023 Page 83 Section 77: CANNABIS SALES 1) Cannabis Sales shall meet the requirements of the Gaming, Liquor and Cannabis Act. 2) A copy of the Retail Cannabis License issued by the Alberta Gaming and Liquor Commission shall be provided to the Village prior to occupancy as a condition of development permit approval. 3) Cannabis Sales shall be a minimum of 300 m from Sites in a residential district. 4) In addition to the provisions of Part Nine: Signs; advertising inside the premises shall not be visible from the outside. 5) The premises must operate separately from other businesses, including providing a separate Loading Space when one is required. 6) The public entrance and exit to the Use must be directed to the outdoors. 7) Goods shall not be visible from outside the business premises. Land Use Bylaw 171/20 Amended November 13, 2023 Page 84 Section 78: IBX Mixed Use Industrial Business Park 78.1 Purpose: To establish a mixed-use industrial business park with a range of uses including commercial, light industrial, and related uses that are compatible with abutting residential, commercial or industrial neighbourhoods. 78.2 Uses: Permitted Uses Discretionary Uses Agricultural Processing Agricultural Support Services Automobile and RV Sales and Rental Automobile Supply Store Bank/Financial Institution Breweries, Wineries and Distilleries Cannabis Sales Caterer Clinic Community Hall Contracting Services - Major Contracting Services - Minor Convenience Food Store Farm Supply Store Florist Shop Food and/or Beverage Service Facility Gas Bar General Industrial Use Greenhouse Handicraft Business Hotel Industry/Manufacturing - Small Scale Laundromat Light Equipment Repair/Rental Motel Office Building Park Personal Service Shop Pharmacy Private Club Public Use Recreation Facility Restaurant - All Types Agriculture - Crops Accessory Use Auction Mart Autobody and Repair Shop Automobile Repair Garage Automobile Service Station Bottled Gas Sales and Storage Cannabis Production Facility Communication Tower Concrete Manufacturing / Plant Dry Cleaning and Laundry Plant/Depot Dwelling Units Above Ground Floor Business Gaming or Gambling Establishment Laboratory Oilfield Support Services Parking Facility Propane Transfer Facility Recreational Amusement Park Recreational Establishment, Outdoor Recycling Depot Research facility Similar Use Tanker Truck Washing Facility Taxi-Bus Depot Temporary Mobile Commercial Sales Transport/Truck Operation Truck and Mobile Home Sales and Rental Utility Building Vehicle Wash Land Use Bylaw 171/20 Amended November 13, 2023 Page 85 Permitted Uses Discretionary Uses Retail Sales Seed Cleaning Plant Shopping Centre Sign Storage - All Types Supermarket Theatre - Movie Truck and Mobile Home Sales and Rental Truck Stop Veterinary Clinic Warehouse Store 78.3 Site Regulations In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply to every development in the district: Minimum Parcel Area 0.2 hectares (0.5 acres) Minimum Parcel Frontage 30 metres (98.4 feet) Maximum Building Height A maximum of three full storeys above grade; flat roof - 12.0 metres (39.4 feet) Front Yard Setback 9.0 metres (29.5 feet) Side Yard Setback 3.0 metres (9.8 feet) Rear Yard Setback 3.0 metres (9.8 feet), except; - for parcels that abut a residential district, for which the minimum rear yard setback will be 7.5 metres (24.6 feet); -for parcels that abut Highway 39, where the minimum rear yard setback will be 32.2 metres (105.7 feet); -for parcels that abut SCE 10 - TWP 048 - RGE 03 - MER 05 and SEC 15 - TWP 048 - Land Use Bylaw 171/20 Amended November 13, 2023 Page 86 RGE -3 - MER 05, the minimum rear yard setback will be 12 metres (39.4 feet) Landscaping When a development is proposed adjacent to a residential land use district, a Planting Strip that functions as a public park. shall be provided and maintained to the satisfaction of the Development Authority. When a development is proposed adjacent to Highway 39 or 50th Street, a Planting Strip shall be provided to create a high-quality interface between the development and the roadway. This Planting Strip shall be maintained to the satisfaction of the Development Officer/ Municipal Planning Commission. When a development is proposed adjacent to Highway 39 or 50th Street, an enhanced architectural façade shall be provided to create a visually appealing gateway to the Village and the IBX district. When a development is proposed adjacent to SEC 10 - TWP 048 - RGE 03 - MER 05 and SEC 15 - TWP 048 - RGE 03 - MER 05 lands, a Planting Strip shall be provided to provide visual separation and reduce dust and noise from adjacent agricultural operations. This Planting Strip shall be a minimum of 3 metres wide and maintained to the satisfaction of the Development Officer / Municipal Planning commission. Parking and Loading Part 8 of this Bylaw Outdoor Storage All outdoor storage shall be screened. All outdoor display shall be screened from residential districts. Storage is not permitted within front yard. Garbage storage shall not have an adverse impact on the use or circulation on the parcel or adjacent parcels. Land Use Bylaw 171/20 Amended November 13, 2023 Page 87 Special Information Requirements At the time of Development Permit, the Development Authority may request, when necessary, the applicant submit studies, including but not limited to: environmental site assessment, risk assessment studies, risk management plans, and/or exposure control plans, transportation impact assessments, parking impact assessments, geotechnical assessments, and servicing studies Land Use Bylaw 171/20 Amended November 13, 2023 Page 88 Schedule "A": Land Use District Map **Please see Bylaw 90/08 for Amendment- Reclassification of TW5-36-48-3-W5 5203-50St Reclassified from Public to R-2 General Residential Land Use Bylaw 171/20 Amended November 13, 2023 Page 89 Schedule "B": Fees Bylaw