538-12 Land Use Bylaw September 2013 (consolidated to Bylaw 635-24, December 2024) (No Map)
Warner, Alberta
· adopted 2024-12-01
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Village of Warner
Land Use Bylaw
No. 538-12
September 2013
Consolidated to Bylaw No. 635-24, December 2024
Prepared by
Village of Warner Land Use Bylaw No. 538-12 Amendments - Page 1
Village of Warner Land Use Bylaw No. 538-12 - Amendments
Bylaw No.
Amendment Description
Legal Description
Passed
555-14
Amend Part 5, Section 1.2(f)"
16-Jul-2014
560-14
Lane closure to "Public and Institutional - PI"
Lane adjacent to Lots 1-12 and lane adjacent
to and lying north of Lots 13-20, Block 31,
Plan 6442Y
21-Jan-2015
570-16
Classify "Auto body and paint shop" as a discretionary
use in the Commercial (C) district
20-Apr-2016
599-18
Various text amendments to classify a retail cannabis
store as a discretionary use in the Commercial - C
district and include use specific standards, classify a
cannabis production facility as a discretionary use in the
Industrial - I district and include use specific standards,
and include associated definitions and amendments
17-Oct-2018
595-19
Various text amendments to clarify the role of the
approval authorities, update administrative processes
and timelines for determining complete applications
and issuing notification for development and
subdivision, update appeal timelines, update and
enhance other administrative requirements for clarity
and ease of use, enhance the standards for residential
fencing, add general contractor use and lumber yard
use as a discretionary use in the commercial land use
districts, and correct minor clerical errors
17-Apr-2019
596-19
"Public and Institutional - PI" to "Commercial - C"
Lots 13-19, Block 8, Plan 4068N
20-Mar-2019
604-21
"Public and Institutional - PI" to "Residential - R"
Lot 33, Block 17, Plan 0813561
26-June-2021
606-21
"Public and Institutional - PI" to "Commercial - C"
Lots 15-17, Block 15, Plan 4068N
19-Jan-2022
Update Appendix B - Fee Schedule
Rates Bylaw 621-23
632-24
"Public and Institutional - PI" to "Residential - R"
Lots 21-32, Block 31, Plan 6442Y
16-Oct-2024
634-24
"Public and Institutional - PI" to "Commercial - C"
Lots 11 and 12, Block 15, Plan 4068N
18-Dec-2024
635-24
Addition of Mixed-use commercial/residential building
as a use within the land use bylaw, including use
specific standards and definitions.
Classify the mixed-use commercial/residential building
as a discretionary use in the Commercial-C land use
district and classify Office use and Financial institution
use as discretionary uses in the Public and Institutional -
PI land use district.
18-Dec-2024
Update Appendix C - Subdivision and Development Authority and
Municipal Planning Commission Bylaw 650-25
Village of Warner Land Use Bylaw No. 538-12
Table of Contents | i
TABLE OF CONTENTS
PART 1 - Administration
GENERAL
Section 1
Title ................................................................................................ Administration | 1
Section 2
Purpose ......................................................................................... Administration | 1
Section 3
Effective Date ................................................................................ Administration | 1
Section 4
Repeal of Former Bylaw ................................................................ Administration | 1
Section 5
Severability .................................................................................... Administration | 1
Section 6
Compliance with the Land Use Bylaw ........................................... Administration | 1
Section 7
Compliance with Other Legislation ............................................... Administration | 1
Section 8
Rules of Interpretation and Definitions ......................................... Administration | 2
Section 9
Measurements and Standards ...................................................... Administration | 2
Section 10
Forms, Notices and Fees ............................................................... Administration | 2
Section 11
Appendices .................................................................................... Administration | 3
APPROVING AUTHORITIES
Section 12
Development Authority ................................................................ Administration | 3
Section 13
Subdivision Authority .................................................................... Administration | 3
Section 14
Development Officer - Powers and Duties ................................... Administration | 4
Section 15
Municipal Planning Commission ................................................... Administration | 5
Section 16
Council ........................................................................................... Administration | 5
Section 17
Subdivision and Development Appeal Board (SDAB) .................... Administration | 6
DEVELOPMENT IN GENERAL
Section 18
Land Use Districts .......................................................................... Administration | 6
Section 19
Suitability of Sites .......................................................................... Administration | 6
Section 20
Number of Dwelling Units on a Parcel .......................................... Administration | 7
Section 21
Non-Conforming Buildings and Uses ............................................ Administration | 7
Section 22
Development on Non-Conforming Sized Lots ............................... Administration | 7
Section 23
Non-Conforming Variances ........................................................... Administration | 8
Section 24
Development Agreements ............................................................ Administration | 8
Table of Contents | ii
Village of Warner Land Use Bylaw No. 538-12
DEVELOPMENT PERMIT RULES AND PROCEDURES
Section 25
Development Permit - When Required ........................................ Administration | 9
Section 26
Development Not Requiring a Development Permit .................... Administration | 9
Section 27
Development Permit Application .................................................. Administration | 9
Section 28
Determination of Complete Development Application .............. Administration | 10
Section 29
Permitted Use Applications ......................................................... Administration | 11
Section 30
Discretionary Use Applications ................................................... Administration | 12
Section 31
Similar Use ................................................................................... Administration | 13
Section 32
Temporary Use ............................................................................ Administration | 14
Section 33
Applications Requesting Variance of Bylaw Provisions ............... Administration | 14
Section 34
Notification of Adjacent Landowners and Persons
Likely Affected ............................................................................. Administration | 15
Section 35
Notice of Decision ....................................................................... Administration | 15
Section 36
Commencement of Development ............................................... Administration | 16
Section 37
Development Permit Validity ...................................................... Administration | 16
Section 38
Transferability of Development Permit ...................................... Administration | 17
Section 39
Failure to Make a Decision - Deemed Refusal ............................ Administration | 17
Section 40
Reapplication for a Development Permit .................................... Administration | 17
Section 41
Suspension or Cancellation of a Permit ...................................... Administration | 17
Section 42
Development Appeals ................................................................. Administration | 18
ENFORCEMENT
Section 43
Notice of Violation ...................................................................... Administration | 19
Section 44
Stop Orders ................................................................................. Administration | 19
Section 45
Enforcement of Stop Orders ....................................................... Administration | 19
Section 46
Penalties and Right of Entry ........................................................ Administration | 20
AMENDMENTS
Section 47
Amendments to the Land Use Bylaw .......................................... Administration | 20
Section 48
Land Use Redesignation Application Requirements ................... Administration | 21
Section 49
Redesignation Criteria ................................................................. Administration | 22
SUBDIVISION RULES AND PROCEDURES
Section 50
Subdivision Application ............................................................... Administration | 23
Section 51
Determination of Complete Subdivision Application .................. Administration | 23
Village of Warner Land Use Bylaw No. 538-12
Table of Contents | iii
Section 52
Subdivision Criteria ..................................................................... Administration | 24
Section 53
Lot Design .................................................................................... Administration | 25
PART 2 - Land Use Districts
Section 1
Division of Municipality ............................................................ Land Use Districts | 1
Section 2
Intent of Land Use Districts ...................................................... Land Use Districts | 1
PART 3 - Use Regulation
Section 1
Use Categories and Specific Uses ................................................. Use Regulation | 1
Section 2
Use Table ...................................................................................... Use Regulation | 2
Section 3
Use Specific Standards ................................................................. Use Regulation | 5
Section 4
Accessory Buildings, Structures and Uses ..................................... Use Regulation | 5
Section 5
Alternative Energy Sources ........................................................... Use Regulation | 6
Section 6
Bulk Fuel Stations and Service Stations ........................................ Use Regulation | 9
Section 7
Home Occupations ........................................................................ Use Regulation | 9
Section 8
Outdoor Storage and Display ...................................................... Use Regulation | 11
Section 9
Satellite Dishes and Radio or Television Antenna ....................... Use Regulation | 11
Section 10
Shipping Containers .................................................................... Use Regulation | 12
Section 11
Show Homes ............................................................................... Use Regulation | 13
Section 12
Swimming Pools, Residential ...................................................... Use Regulation | 13
Section 13
Secondary Suite Standards ......................................................... Use Regulation | 14
Section 14
Surveillance Suites ...................................................................... Use Regulation | 15
Section 15
Moved-In Dwellings and Moved-In Buildings ............................. Use Regulation | 15
Section 16
Prefabricated Dwellings .............................................................. Use Regulation | 16
Section 17
Manufactured Home Community ............................................... Use Regulation | 18
Section 18
Retail Cannabis Store .................................................................. Use Regulation | 19
Section 19
Cannabis Production Facility ....................................................... Use Regulation | 20
Section 20
Mixed-Use Commercial/Residential Building ............................. Use Regulation | 20
PART 4 - Dimensional Standards and Setbacks
Section 1
Dimensional Standards and Minimum Setbacks ............... Dimensional Standards | 1
Section 2
Minimum Lot Size .............................................................. Dimensional Standards | 1
Section 3
Minimum Setbacks ............................................................ Dimensional Standards | 2
Section 4
Building Height, Floor Area, and Site Coverage ................ Dimensional Standards | 4
Table of Contents | iv
Village of Warner Land Use Bylaw No. 538-12
PART 5 - Development Not Requiring A Permit
Section 1
Development Not Requiring a Permit .......... Development Not Requiring A Permit | 1
PART 6 - General Standards of Development
Section 1
Statutory Plans ............................................................ Standards of Development | 1
Section 2
Design, Finish and Orientation of
Buildings, Structures and Signs ................................... Standards of Development | 1
Section 3
Varied Building Setbacks -
Residential Districts ...................................................... Standards of Development | 1
Section 4
Corner Visibility ........................................................... Standards of Development | 2
Section 5
Access and Driveways ................................................. Standards of Development | 2
Section 6
Fences, Gates, Walls, Hedges, and
Other Means of Enclosure ........................................... Standards of Development | 3
Section 7
Development of Land Subject to
Subsidence, Undermining or Flooding ......................... Standards of Development | 4
Section 8
Grading and Stormwater Management ...................... Standards of Development | 4
Section 9
Site Lighting ................................................................. Standards of Development | 5
Section 10
Refuse Collection and Storage .................................... Standards of Development | 5
Section 11
Servicing ...................................................................... Standards of Development | 5
Section 12
Landscaping and Screening ......................................... Standards of Development | 6
Section 13
Mitigation of Impacts ................................................... Standards of Development | 6
Section 14
Off-Street Parking and Loading Requirements ............ Standards of Development | 7
Section 15
Off-Street Parking Design Standards ........................... Standards of Development | 9
PART 7 - Sign Regulations
Section 1
Administrative ............................................................................ Sign Regulations | 1
Section 2
Prohibited Signs .......................................................................... Sign Regulations | 1
Section 3
General Standards and Regulations for All Signs ....................... Sign Regulations | 2
Section 4
Signs Not Requiring a Permit ..................................................... Sign Regulations | 3
Section 5
Freestanding Signs ..................................................................... Sign Regulations | 4
Section 6
Fascia Signs ................................................................................. Sign Regulations | 5
Section 7
Projecting Signs .......................................................................... Sign Regulations | 6
Section 8
Other Signs ................................................................................. Sign Regulations | 7
Section 9
Temporary Signs ......................................................................... Sign Regulations | 7
Section 10
Definitions .................................................................................. Sign Regulations | 7
Village of Warner Land Use Bylaw No. 538-12
Table of Contents | v
PART 8 - Telecommunication Antenna Siting Protocol
Section 1
Municipal Approval .................................................. Telecommunication Protocol | 1
Section 2
Information Requirements ....................................... Telecommunication Protocol | 1
Section 3
Notification and Public Consultation Process .......... Telecommunication Protocol | 2
PART 9 - Definitions
APPENDIX A
Forms and Notices
Residential Development Permit Application
Non-Residential Development Permit Application
Home Occupation Development Permit Application
Sign Application Development Permit
Application for a Land Use Bylaw Amendment
Telecommunication Siting Protocol Application & Checklist
APPENDIX B
Fee Schedule
APPENDIX C
Subdivision and Development Authority / Municipal Planning Commission
PART 1 - Administration
Village of Warner Land Use Bylaw No. 538-12
PART 1 - Administration | 1
VILLAGE OF WARNER
LAND USE BYLAW NO. 538-12
PART 1 - Administration
GENERAL
SECTION 1
TITLE
1.1
This bylaw may be cited as the "Village of Warner Land Use Bylaw."
SECTION 2
PURPOSE
2.1
In compliance with section 640 of the Municipal Government Act, this bylaw serves to
regulate and control the use and development of land and buildings within the Village of
Warner to achieve orderly, efficient, economical and beneficial development.
SECTION 3
EFFECTIVE DATE
3.1
This bylaw shall come into effect upon third and final reading thereof.
SECTION 4
REPEAL OF FORMER BYLAW
4.1
Village of Warner Land Use Bylaw No. 464-98 and amendments thereto are hereby
repealed.
SECTION 5
SEVERABILITY
5.1
If any provision of this bylaw is held to be invalid by a decision of a court of competent
jurisdiction, that decision will not affect the validity of the remaining portions.
SECTION 6
COMPLIANCE WITH THE LAND USE BYLAW
6.1
No development, other than those designated in Part 5 (Development Not Requiring a
Permit), shall be undertaken within the Village unless a development application has
been approved and a development permit has been issued.
6.2
Notwithstanding subsection 6.1, while a development permit may not be required
pursuant to Part 5, development shall comply with all regulations of this bylaw.
SECTION 7
COMPLIANCE WITH OTHER LEGISLATION
7.1
Compliance with the requirements of this bylaw does not exempt any person
undertaking a development from complying with all applicable municipal, provincial or
PART 1 - Administration | 2
Village of Warner and Use Bylaw No. 538-12
federal legislation, and respecting any easements, covenants, agreements or other
contracts affecting the land or the development.
SECTION 8
RULES OF INTERPRETATION AND DEFINITIONS
8.1
Unless otherwise required by the context, words used in the present tense include the
future tense; words used in the singular include the plural; and the word person
includes a corporation as well as an individual. The Interpretation Act, Chapter I-8, RSA
2000, as amended, shall be used in the interpretation of this bylaw. Words have the
same meaning whether they are capitalized or not.
8.2
The written regulations of this bylaw take precedence over any graphic or diagram if
there is a perceived conflict.
8.3
The Land Use Districts Map takes precedence over any graphic or diagram in the district
regulations if there is a perceived conflict.
8.4
Refer to Part 9 for definitions.
SECTION 9
MEASURMENTS AND STANDARDS
9.1
All units of measure contained within this bylaw are metric (SI) standards. Imperial
measurements and conversions are provided for information only.
SECTION 10
FORMS, NOTICES AND FEES
10.1
For the purposes of administering the provisions of this bylaw, Council may authorize by
separate resolution or bylaw as may be applicable, the preparation and use of such fee
schedules, forms or notices as in its discretion it may deem necessary. Any such fee
schedules, forms or notices are deemed to have the full force and effect of this bylaw in
execution of the purpose for which they are designed, authorized and issued.
10.2
Application forms and notices are included in Appendix A.
10.3
Fees are included in Appendix B.
10.4
Refund of application fees requires approval of the Village Council.
10.5
In any case, where the required fee is not listed in the fee schedule, such fee shall be
determined by the Development Officer and shall be consistent with those fees listed in
the schedule for similar developments.
10.6
If development is commenced without a valid development permit an additional fee, in
the amount prescribed under the fee schedule, shall be payable upon application for the
development permit.
Village of Warner Land Use Bylaw No. 538-12
PART 1 - Administration | 3
SECTION 11
APPENDICES
11.1
Appendices A and B attached hereto are for information purposes only and may be
amended from time to time independent of this bylaw.
APPROVING AUTHORITIES
SECTION 12
DEVELOPMENT AUTHORITY
12.1
The Development Authority is established in accordance with the Village of Warner
Subdivision and Development Authority/Municipal Planning Commission Bylaw. For the
purposes of the Land Use Bylaw, the Development Authority is the Development Officer
(a Designated Officer) and the Municipal Planning Commission.
12.2
The Development Officer is an authorized person in accordance with section 624 of the
Municipal Government Act.
12.3
In the absence of the Development Officer, the following are authorized to act in the
capacity of Development Officer:
(a) Municipal Planning Commission;
(b) Chief Administrative Officer; or
(c) a designate(s) in accordance with the Municipal Government Act.
12.4
The Development Authority shall perform such powers and duties as are specified:
(a) in the Village of Warner Subdivision and Development Authority/Municipal
Planning Commission Bylaw;
(b) in this bylaw;
(c) in the Municipal Government Act;
(d) where applicable, by resolution of Council.
SECTION 13
SUBDIVISION AUTHORITY
13.1
The Subdivision Authority is authorized to make decisions on applications for subdivision
pursuant to the Village of Warner Subdivision and Development Authority/Municipal
Planning Commission Bylaw, and shall perform such powers and duties as are specified:
(a) in the Village of Warner Subdivision and Development Authority/Municipal
Planning Commission Bylaw;
(b) in this bylaw;
(c) in the Municipal Government Act;
(d) where applicable, by resolution of Council.
PART 1 - Administration | 4
Village of Warner and Use Bylaw No. 538-12
13.2
The Subdivision Authority may delegate, through any of the methods described in
subsection 13.1, to an individual, municipal staff, or a regional service commission, any
of its functions and duties in the processing of subdivision applications. In respect of
this:
(a) the delegation of duties by the Subdivision Authority may include the authorized
entity being responsible for determining the completeness of a submitted
subdivision application.
(b) The Subdivision Authority delegate is authorized to carry out the application
process with subdivision applicants as described in the Subdivision Application
Rules and Procedures section of this bylaw, including the task of sending all
required notifications to applicants as stipulated.
SECTION 14
DEVELOPMENT OFFICER - POWERS AND DUTIES
14.1
The office of Development Officer is hereby established and such office shall be filled by
one or more persons as appointed by resolution of Council. The Development Officer is
a Designated Officer for the purposes of this bylaw.
14.2
The Development Officer:
(a) shall receive and process all applications for development permits and determine
whether a development permit application is complete in accordance with Part 1,
Section 28;
(b) shall maintain for the inspection of the public during office hours, a copy of this
bylaw and all amendments thereto and ensure that copies of the same are
available for public purchase;
(c) shall establish and maintain a register in which shall be recorded the application
made for a development permit and the decision made on the application, and
contain any such other information as the Municipal Planning Commission
considers necessary;
(d) shall consider and decide on applications for a development permit for:
(i)
permitted uses that comply with this Land Use Bylaw;
(ii)
permitted uses on existing registered lots that do not meet the minimum lot
width, length and/or area requirements;
(iii) landscaping;
(iv) fences, walls or other types of enclosures; and
(v)
demolition;
(e) shall refer to the Municipal Planning Commission all development permit
applications for which decision making authority has not been assigned to the
Development Officer;
(f)
may refer any development application to the Municipal Planning Commission for a
decision and may refer any other planning or development matter to the Municipal
Planning Commission for its review, comment or advice;
Village of Warner Land Use Bylaw No. 538-12
PART 1 - Administration | 5
(g) shall notify adjacent landowners and any persons who are likely to be affected by a
proposed development in accordance with Part 1, Section 34;
(h) shall receive, review, and refer any applications to amend this bylaw to Council;
(i)
shall issue the written notice of decision and/or development permit on all
development permit applications and any other notices, decisions or orders in
accordance with this bylaw;
(j)
may receive and consider and decide on requests for time extensions for
development permits which the Development Officer has approved and shall refer
to the Municipal Planning Commission those requests for time extensions for
development permits which the Municipal Planning Commission has approved;
(k) shall provide a regular report to the Municipal Planning Commission summarizing
the applications made for a development permit and the decision made on the
applications, and any other information as the Municipal Planning Commission
considers necessary; and
(l)
shall perform any other powers and duties as are specified in this bylaw, the,
Village of Warner Subdivision and Development Authority/Municipal Planning
Commission Bylaw, the Municipal Government Act or by resolution of Council.
SECTION 15
MUNICIPAL PLANNING COMMISSION
15.1
The Municipal Planning Commission may exercise only such powers and duties as are
specified in the Municipal Government Act, the Village of Warner Subdivision and
Development Authority/Municipal Planning Commission Bylaw, this bylaw, or by
resolution of Council.
15.2
The Municipal Planning Commission shall be responsible for:
(a) considering and deciding upon development permit applications referred to it by
the Development Officer;
(b) providing recommendations on planning and development matters referred to it by
the Development Officer or Council;
(c) considering and deciding upon requests for time extensions on development
permit applications referred to it by the Development Officer;
(d) considering and deciding upon applications for subdivision approval;
(e) processing condominium certificates; and
(f)
any other powers and duties as are specified in this bylaw, the Municipal Planning
Commission Bylaw, the Municipal Government Act or by resolution of Council.
SECTION 16
COUNCIL
16.1
Council shall be responsible for considering and deciding upon requests for time
extensions on subdivision approvals in accordance with section 657 of the Municipal
Government Act.
PART 1 - Administration | 6
Village of Warner and Use Bylaw No. 538-12
16.2
Council shall be responsible for considering all proposed amendments to this bylaw.
SECTION 17
SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB)
17.1
The SDAB is established by separate bylaw pursuant to the Municipal Government Act,
and may exercise such powers and duties as are specified in this bylaw, the Municipal
Government Act and the Subdivision and Development Appeal Board Bylaw.
DEVELOPMENT IN GENERAL
SECTION 18
LAND USE DISTRICTS
18.1
The Village of Warner is divided into those land use districts shown in Part 2 on the Land
Use Districts Map.
18.2
The one or more uses of land or buildings that are:
(a) permitted uses in each district, with or without conditions; or
(b) discretionary uses in each district, with or without conditions;
are described in Part 3, Use Table 3.1.
18.3
A land use that is not listed as a permitted or discretionary use but which is reasonably
similar in character and purpose to a permitted or discretionary use in that district may
be deemed a similar use by the Development Authority in accordance with Part 1,
Section 30 (Similar Use).
18.4
A land use not listed as a permitted or discretionary use or not deemed a similar use in a
district is a prohibited use and shall be refused.
SECTION 19
SUITABILITY OF SITES
19.1
Notwithstanding that a use of land may be permitted or discretionary or considered
similar in nature to a permitted or discretionary use in a land use district, the
Subdivision Authority or Development Authority, as applicable, may refuse to approve a
subdivision or issue a development permit if the Authority is made aware of or if in their
opinion, the site of the proposed building or use:
(a) does not have safe legal and physical access to a maintained road in accordance
with the Land Use Bylaw, other municipal requirements or those of Alberta
Transportation if within 300 m (984 ft) of a provincial highway or 800 m (2,625 ft)
from the centre point of an intersection of a controlled highway and a public road;
(b) has a high water table or soil conditions which make the site unsuitable for
foundations or is within a floodplain or subject to flooding;
(c) is situated on an unstable slope;
(d) consists of unconsolidated material unsuitable for building;
Village of Warner Land Use Bylaw No. 538-12
PART 1 - Administration | 7
(e) does not comply with the requirements of the Regional Plan, Subdivision and
Development Regulation or any other applicable Statutory Plans or approved
conceptual design scheme;
(f)
is situated over an active or abandoned coal mine or oil or gas well or pipeline;
(g) does not meet the minimum setback requirements from an abandoned oil and gas
well;
(h) is unsafe due to contamination by previous land uses;
(i)
does not meet the minimum setback requirements from a sour gas well or bulk
ammonia storage facility;
(j)
does not have adequate water and sewer provisions;
(k) does not meet the lot size and/or setback requirements or any other applicable
standards or requirements of the Village of Warner Land Use Bylaw;
(l)
is subject to any easement, caveat, restrictive covenant or other registered
encumbrance which makes it impossible to build on the site.
19.2
Nothing in this section shall prevent the Development Officer or Municipal Planning
Commission, as applicable, from issuing a development permit or approving a
subdivision if the Development Officer or Municipal Planning Commission, as applicable,
is satisfied that there is no risk to persons or property or that these concerns will be met
by appropriate engineering measures or other mitigating measures and approvals from
provincial and/or federal agencies have been obtained, as applicable.
SECTION 20
NUMBER OF DWELLING UNITS ON A PARCEL
20.1
No more than one dwelling unit shall be constructed or located or caused to be
constructed or located on a parcel except as provided for in the land use district for
which the application is made (e.g. duplex dwellings, multi-unit dwellings, manufactured
home park, secondary suite, as permitted in the applicable land use district).
SECTION 21
NON-CONFORMING BUILDINGS AND USES
21.1
A non-conforming building or use may only be continued in accordance with the
conditions detailed in section 643 of the Municipal Government Act.
SECTION 22
DEVELOPMENT ON NON-CONFORMING SIZED LOTS
22.1
Development on an existing registered non-conforming sized lot that does not meet the
minimum requirements for lot length, width or area specified in the applicable land use
district in Part 4 may be permitted at the discretion of the Development Authority.
22.2
The Development Officer is authorized to permit development on existing registered
non-conforming sized lots for permitted uses.
PART 1 - Administration | 8
Village of Warner and Use Bylaw No. 538-12
SECTION 23
NON-CONFORMING VARIANCES
23.1
The Municipal Planning Commission is authorized to exercise minor variance powers
with respect to non-conforming buildings pursuant to section 643(5)(c) of the Municipal
Government Act.
SECTION 24
DEVELOPMENT AGREEMENTS
24.1
The Development Officer or Municipal Planning Commission may require, with respect
to a development that as a condition of issuing a development permit, the applicant
enter into an agreement with the municipality, pursuant to section 650(1) of the
Municipal Government Act, to do any or all of the following:
(a) to construct or pay for the construction of a road required to give access to the
development;
(b) to construct or pay for the construction of a pedestrian walkway system to serve
the development and/or connect the pedestrian walkway system serving the
development with a pedestrian walkway system that serves or is proposed to serve
an adjacent development;
(c) to install or pay for the installation of public utilities, other than telecommunication
systems or works, that are necessary to serve the development, whether or not the
public utility is, or will be, located on the land that is subject of the development;
(d) to construct or pay for the construction of off-street, or other parking facilities
and/or loading and unloading facilities;
(e) to pay an off-site levy or redevelopment levy;
(f)
to give security to ensure that the terms of the agreement under this section are
carried out.
24.2
The Subdivision Authority may require, with respect to a subdivision that as a condition
of issuing an approval for a subdivision, the applicant enter into an agreement with the
municipality, pursuant to section 655(1)(b) of the Municipal Government Act.
24.3
An agreement referred to in this section may require the applicant for a development
permit or subdivision approval to oversize improvements in accordance with section
651 of the Municipal Government Act.
24.4
The municipality may register a caveat under the Land Titles Act with respect to an
agreement under this section against the certificate of title for the land that is the
subject of the development, or for the parcel of land that is the subject of the
subdivision.
24.5
If the municipality registers a caveat under this section, the municipality must discharge
the caveat when the agreement has been complied with.
24.6
As a condition of subdivision approval, all development agreements may be registered
concurrently by caveat onto individual lots being created.
Village of Warner Land Use Bylaw No. 538-12
PART 1 - Administration | 9
24.7
The applicant may be required to pay to the Village all legal and engineering costs, fees,
expenses and disbursements incurred by the Village through its solicitors and engineers
for all services rendered in connection with the preparation, fulfillment, execution and
enforcement of the development agreement.
DEVELOPMENT PERMIT RULES AND PROCEDURES
SECTION 25
DEVELOPMENT PERMIT - WHEN REQUIRED
25.1
Except as otherwise provided in Part 5 (Development Not Requiring a Permit), all
development shall be required to obtain a development permit prior to commencement
of development.
25.2
In addition to meeting the requirements of this bylaw, it is the responsibility of the
applicant to ascertain, obtain and comply with all other approvals and licenses that may
be required by other federal, provincial or municipal regulatory departments or
agencies.
SECTION 26
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
26.1
This section does not negate the requirement of obtaining all required permits, as
applicable, under the Safety Codes Act and any other Provincial or Federal statute.
26.2
This section does not negate the requirement of obtaining a business license where
required.
26.3
Development that does not require a municipal development permit is listed in Part 5.
26.4
Signs not requiring a municipal development permit are listed in Part 7, Section 4.
26.5
If there is a question as to whether a development permit is required for a particular
use, the matter shall be referred to the Municipal Planning Commission for a
determination.
SECTION 27
DEVELOPMENT PERMIT APPLICATION
27.1
An application for a development permit shall be made to the Development Officer by
submitting:
(a) a completed development permit application, signed by the registered owner or
authorized by the owner pursuant to subsection 27.2;
(b) the prescribed fee, in accordance with the Village's fee schedule;
(c) a description of the existing and proposed use of the land, building(s) and
structures and whether it is a new development, an alteration/addition, relocation
or change of use and whether the use is temporary in nature;
(d) a site plan acceptable to the Development Officer indicating:
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Village of Warner and Use Bylaw No. 538-12
(i)
the location of all existing and proposed buildings and structures and
registered easements or rights-of-way, dimensioned to property lines and
drawn to a satisfactory scale;
(ii) existing and proposed parking and loading areas, driveways, abutting streets,
avenues and lanes, and surface drainage patterns;
(iii) where applicable, the location of existing and proposed culverts and crossings;
(iv) the presence or absence of any abandoned oil and gas well(s); and if
abandoned oil and gas well(s) are present, a professionally prepared plot plan
that shows the actual well location(s) in relation to existing and proposed
building site(s) and the minimum setback requirement;
(v) any additional information as may be stipulated in the standards of
development;
(e) any such other information as may be required by the Development Officer or
Municipal Planning Commission to evaluate an application including but not limited
to: conceptual design schemes, landscaping plans, building plans, drainage plans,
servicing and infrastructure plans, soils analysis, geotechnical reports and other
reports regarding site suitability, Real Property Report, or a surveyors sketch.
27.2
An application for a development permit must be made by the registered owner of the
land on which the development is proposed. An application may be made by a person
who is not the registered owner of the land only with written consent of the owner. The
Development Officer may request a current title documenting ownership and copies of
any registered encumbrance, lien or interest registered on title.
SECTION 28
DETERMINATION OF COMPLETE DEVELOPMENT APPLICATION
28.1
The Development Officer shall, within 20 days after receipt of an application for a
development permit submitted under Part 1, Section 27, determine whether the
application is complete.
28.2
An application is complete, if in the opinion of the Development Officer, the application
contains the documents and other information necessary to review the application and
is of an acceptable quality.
28.3
The time period referred to in subsection 28.1 may be extended by an agreement in
writing between the applicant and the Development Officer.
28.4
If the Development Officer does not make a determination referred to in subsection
28.1 within the time required under subsection 28.1 or 28.3, the application is deemed
to be complete.
28.5
If the Development Officer determines that the application is complete, the
Development Officer shall issue to the applicant a written Notice of Completeness
acknowledging that the application is complete, delivered by hand, mail or electronic
means.
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28.6
If the Development Officer determines that the application is incomplete, the
Development Officer shall issue to the applicant a written notice indicating that the
application is incomplete and specifying the outstanding documents and information to
be provided, including but not limited to those required by Part 1, Section 27. A
submittal deadline for the outstanding documents and information shall be set out in
the notice or a later date agreed on between the applicant and the Development Officer
in order for the application to be considered complete.
28.7
If the Development Officer determines that the documents and information submitted
under subsection 28.6 are complete, the Development Officer shall issue to the
applicant a written Notice of Completeness acknowledging that the application is
complete, delivered by hand, mail or electronic means.
28.8
If the required documents and information under subsection 28.6 have not been
submitted to the Development Officer within the timeframe prescribed in the notice
issued under subsection 28.6, the Development Officer shall return the application to
the applicant accompanied by a written Notice of Refusal stating the application is
deemed refused, the reason(s) for refusal, and the required information on filing an
appeal.
28.9
Despite issuance of a Notice of Completeness under subsection 28.5 or 28.7, the
Development Officer or Municipal Planning Commission, as applicable, in the course of
reviewing the application may request additional information or documentation from
the applicant that the Development Officer or Municipal Planning Commission considers
necessary to review the application.
SECTION 29
PERMITTED USE APPLICATIONS
29.1
Upon receipt of a complete application for a development permit for a permitted use
that conforms with this bylaw, the Development Officer:
(a) shall approve a development permit with or without conditions; or
(b) may refer the application to the Municipal Planning Commission for a decision.
29.2
The Development Officer or the Municipal Planning Commission may place any or all of
the following conditions on a development permit for a permitted use:
(a) requirement for the applicant to enter into a development agreement pursuant to
Part 1, Section 24;
(b) payment of any applicable off-site levy or redevelopment levy;
(c) geotechnical investigation to ensure that the site is suitable in terms of topography,
soil characteristics, flooding, subsidence, mass wasting and erosion;
(d) alteration of a structure or building size or location to ensure any setback
requirements of this Land Use Bylaw or the Subdivision and Development
Regulation can be met;
(e) any measures to ensure compliance with the requirements of this Land Use Bylaw
or any statutory plan adopted by the Village of Warner;
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Village of Warner and Use Bylaw No. 538-12
(f)
easements and/or encroachment agreements;
(g) provision of public utilities, other than telecommunications systems or works, and
vehicular and pedestrian access;
(h) repairs or reinstatement of original condition of any street furniture, curbing,
sidewalk, boulevard landscaping and tree planting which may be damaged or
destroyed or otherwise altered by development or building operations upon the
site, to the satisfaction of the Development Officer or the Municipal Planning
Commission;
(i)
to give security to ensure the terms of the permit approval under this section are
carried out;
(j)
time periods stipulating completion of development;
(k) requirement for a lot and/or construction stakeout conducted by an approved
surveyor or agent;
(l)
any measures to ensure compliance with applicable federal, provincial and/or other
municipal legislation and approvals;
(m) requirement for the preparation of an Environmental Impact Assessment;
(n) obtain any other approval, permit, authorization, consent or license that may be
required to develop and/or service the affected land;
(o) filing of pertinent professional reports and plans prior to commencement of
construction;
(p) phasing of development; and
(q) time periods specifying the time during which a development permit is valid.
SECTION 30
DISCRETIONARY USE APPLICATIONS
30.1
Upon receipt of a complete application for a development permit for a discretionary use
the Development Officer shall:
(a) refer the application to the Municipal Planning Commission for a decision; and
(b) notify adjacent landowners and other persons likely to be affected in accordance
with Part 1, Section 34 (Notification of Adjacent Landowners and Persons Likely
Affected).
30.2
After consideration of any response to the notifications of adjacent landowners and
other persons likely to be affected, including the County of Warner, government
departments and referral agencies as applicable, compatibility and suitability of the
proposed use, and any other matters, the Municipal Planning Commission may:
(a) approve a development permit with or without conditions; or
(b) refuse to approve the development permit, stating reasons.
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30.3
The Municipal Planning Commission may place any of the conditions stipulated in Part 1,
Section 29.2 (Permitted Use Applications) on a development permit for a discretionary
use, in addition to any other conditions necessary to ensure the quality, suitability and
compatibility of the development with other existing and approved uses in the area.
SECTION 31
SIMILAR USE
31.1
Upon receipt of a complete application for a development permit for a use that is not
specifically listed in any land use district, but which may be similar in character and
purpose to other uses listed in the land use district in which such use is proposed, the
Development Officer may classify the use as either similar to a permitted use or similar
to a discretionary use or refer the matter to the Municipal Planning Commission for a
determination pursuant to subsection 31.5.
31.2
Where a use has been classified similar to a permitted use, the Development Officer
may process the application accordingly as a permitted use or refer the application to
the Municipal Planning Commission for a decision.
31.3
Where a use has been classified similar to a permitted use and the application requests
a variance of any provision of this bylaw, the Development Officer shall:
(a) refer the application to the Municipal Planning Commission for a decision; and
(b) notify adjacent landowners and other persons likely to be affected in accordance
with Part 1, Section 34 (Notification of Adjacent Landowners and Persons Likely
Affected).
31.4
Where a use has been classified similar to a discretionary use, the Development Officer
shall:
(a) refer the application to the Municipal Planning Commission for a decision; and
(b) notify adjacent landowners and other persons likely to be affected in accordance
with Part 1, Section 34 (Notification of Adjacent Landowners and Persons Likely
Affected).
31.5
Upon referral of an application to the Municipal Planning Commission by the
Development Officer under subsections 31.1 and 31.2, the Municipal Planning
Commission:
(a) shall rule whether or not the proposed use is similar to a use in the land use district
in which it is proposed;
(b) if the proposed use is deemed similar to a use in the land use district in which it is
proposed, the application shall be reviewed as a discretionary use application;
(c) if the proposed use is not deemed similar to a use in the land use district in which it
is proposed, the development permit shall be refused.
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Village of Warner and Use Bylaw No. 538-12
SECTION 32
TEMPORARY USE
32.1
Where in the opinion of the Development Authority, a proposed use is of a temporary
nature, it may approve a temporary development permit valid for a period of up to one
year for a use, provided the use is listed as a permitted use, discretionary use or
deemed similar to a permitted or discretionary use in the applicable land use district.
32.2
Temporary use applications shall be subject to the following conditions:
(a) the applicant or developer is liable for any costs involved in the cessation or
removal of any development at the expiration of the permitted period;
(b) the Development Officer or Municipal Planning Commission may require the
applicant to submit an irrevocable letter of credit, performance bond or other
acceptable form of security guaranteeing the cessation or removal of the
temporary use; and
(c) any other conditions as deemed necessary.
32.3
A use deemed temporary in nature shall be processed in accordance with the
corresponding Part 1, Sections 29 to 31. Notification of adjacent landowners and other
persons likely to be affected, including the County of Warner, government departments
and referral agencies shall be in accordance with Part 1, Section 34 (Notification of
Adjacent Landowners and Persons Likely Affected).
SECTION 33
APPLICATIONS REQUESTING VARIANCE OF BYLAW PROVISIONS
33.1
Upon receipt of a complete application for a development permit that does not comply
with this bylaw but in respect of which the Municipal Planning Commission is requested
to exercise discretion under Part 1, subsection 33.2, the Development Officer shall:
(a) refer the application to the Municipal Planning Commission for a decision; and
(b) notify adjacent landowners and other persons likely to be affected, in accordance
with Part 1, Section 34 (Notification of Adjacent Landowners and Persons Likely
Affected).
33.2
The Municipal Planning Commission is authorized to decide upon an application for a
development permit notwithstanding that the proposed development does not comply
with this bylaw, if in the opinion of the Municipal Planning Commission, the proposed
development would not:
(a) unduly interfere with the amenities of the neighbourhood; or
(b) materially interfere with or affect the use, enjoyment or value of neighbouring
properties;
(c) and the proposed development conforms with the use prescribed for that land or
building within Part 3 (Use Regulation).
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SECTION 34
NOTIFICATION OF ADJACENT LANDOWNERS AND PERSONS LIKELY AFFECTED
34.1
Where notification of adjacent landowners and other persons likely to be affected is
required under Part 1, Sections 30 to 33, the Development Officer shall:
(a) mail (postal service or electronic) written notice of the application at least seven (7)
days before the meeting of the Municipal Planning Commission to:
(i)
adjacent landowners and other persons likely to be affected by the issuance
of a development permit;
(ii)
the County of Warner if in the opinion of the Development Officer or the
Municipal Planning Commission, the proposed development could have an
impact upon land uses in the County or is adjacent to the County boundary,
or is required in accordance with an adopted Intermunicipal Development
Plan; and
(iii) any other persons, government departments or referral agency that is
deemed to be affected; or
(b) hand deliver written notice of the application at least five (5) days before the
meeting of the Municipal Planning Commission to the persons and agencies
specified in subsection 34.1(a); or
(c) publish a notice of the application in a newspaper circulating in the municipality or
the Village newsletter at least seven (7) days before the meeting of the Municipal
Planning Commission; or
(d) post a notice of the application in a conspicuous place on the property at least five
(5) days before the meeting of the Municipal Planning Commission; or
any combination of the above.
34.2
In all cases, notification shall:
(a) describe the nature and location of the proposed use or development;
(b) state the place, date, and time where the Municipal Planning Commission will meet
to consider the application, and state how and when written or oral submissions on
the application will be received and considered;
(c) specify the location at which the application can be inspected.
SECTION 35
NOTICE OF DECISION
35.1
A decision of the Development Officer or Municipal Planning Commission on application
for a development permit must be issued:
(a) in writing to the applicant in accordance with subsection 35.2; and
(b) a copy of the decision posted in a prominent place in the village office for at least
21 days or posted in a newspaper circulated within the municipality or published on
the official municipal website; and/or
(c) a copy of the decision sent by mail (postal service or electronic mail) to those
originally notified of the development permit and any other person, government
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Village of Warner and Use Bylaw No. 538-12
department or agency that may, in the opinion of the Development Officer, likely
be affected.
35.2
The Development Officer will give or send by mail (postal service or electronic mail) a
copy of the decision, which specifies the date on which the written decision was given,
to the applicant on the same day the written decision is given.
35.3
For the purpose of subsection 35.2, the "date on which the written decision was given":
(a) the date the Development Officer signed the notice of decision or development
permit; or,
(b) the date the decision is posted in the newspaper, published on the official
municipal website, or posted in a prominent place in the village office;
whichever occurs later.
SECTION 36
COMMENCEMENT OF DEVELOPMENT
36.1
Despite the issuance of a development permit, no development is authorized to
commence within 21 days after the date on which the written decision was given under
Part 1, Section 35.2.
36.2
If an appeal is made, no development is authorized pending the outcome of the appeal.
36.3
Any development occurring prior to the dates determined under subsections 36.1 and
36.2 is at the risk of the applicant.
SECTION 37
DEVELOPMENT PERMIT VALIDITY
37.1
Unless a development permit is suspended or cancelled, the development must be
commenced and carried out with reasonable diligence in the opinion of the
Development Authority within 12 months from the date of issuance of the permit,
otherwise the permit is no longer valid.
37.2
An application to extend the validity of a development permit may be made at any time
prior to the expiration of the approved permit in accordance with subsection 37.3,
except for a permit for a temporary use which shall not be extended.
37.3
Upon receipt of a request to extend the validity of a development permit, the validity of
a development permit may be extended for up to a period of one year by:
(a) the Development Officer or the Municipal Planning Commission if the permit was
issued by the Development Officer;
(b) the Municipal Planning Commission if the permit was issued by the Municipal
Planning Commission or approved on appeal by the Subdivision and Development
Appeal Board.
37.4
The number of extensions to the validity of a development permit is limited to one
approval.
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37.5
When any use has been discontinued for a period of 6 months or more, any
development permit that may have been issued is no longer valid and said use may not
be recommenced until a new application for a development permit has been made and
a new development permit issued. This section does not apply to non-conforming uses
which are regulated under section 643 of the Municipal Government Act.
SECTION 38
TRANSFERABILITY OF DEVELOPMENT PERMIT
38.1
A home occupation permit is non-transferable.
38.2
Any other valid development permit is transferable where the use remains unchanged
and the development is affected only by a change of ownership, tenancy, or occupancy.
SECTION 39
FAILURE TO MAKE A DECISION - DEEMED REFUSAL
39.1
In accordance with section 684 of the Municipal Government Act, an application for a
development permit shall, at the option of the applicant, be deemed to be refused
when the decision of the Development Officer or the Municipal Planning Commission, as
the case may be, is not made within 40 days of receipt of the completed application
unless the applicant has entered into a written agreement with the Development Officer
or the Municipal Planning Commission to extend the 40-day decision period.
SECTION 40
REAPPLICATION FOR A DEVELOPMENT PERMIT
40.1
If an application for a development permit is refused by the Development Officer, the
Municipal Planning Commission or, on appeal the Subdivision and Development Appeal
Board, the submission of another application for a development permit on the same
parcel of land for the same or for a similar use of the land may not be accepted by the
Development Officer for at least 6 months after the date of refusal.
40.2
If an application was refused solely because it did not comply with the standards of this
bylaw or was refused as an incomplete application under Part 1, Section 28.8, the
Development Officer may accept another application on the same parcel of land for the
same or similar use before the time period referred to in subsection 40.1 has lapsed,
provided the application has been modified to comply with this bylaw.
SECTION 41
SUSPENSION OR CANCELLATION OF A PERMIT
41.1
If after a development permit has been issued, the Development Officer or the
Municipal Planning Commission determines that:
(a) the application contained a misrepresentation;
(b) facts were not disclosed which should have been at the time of consideration of
the application for the development permit;
(c) the development permit was issued in error; or
(d) the applicant withdrew the application by way of written notice;
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Village of Warner and Use Bylaw No. 538-12
the Development Officer or the Municipal Planning Commission may suspend or cancel
the development permit by notice in writing to the holder of it stating the reasons for
any suspension or cancellation.
41.2
Upon receipt of the written notification of suspension or cancellation, the applicant
must cease all development and activities to which the development permit relates.
41.3
A person whose development permit is suspended or cancelled under this section may
appeal within 14 days of the date the notice of cancellation or suspension is received to
the Subdivision and Development Appeal Board.
41.4
If a development permit is suspended or cancelled, the Subdivision and Development
Appeal Board shall review the application if an appeal is filed by the applicant and
either:
(a) reinstate the development permit; or
(b) cancel the development permit if the Development Officer or the Municipal
Planning Commission would not have issued the development permit if the facts
subsequently disclosed had been known during the consideration of the
application; or
(c) reinstate the development permit and may impose such other conditions as are
considered necessary to ensure that this bylaw or any statutory plan is complied
with.
SECTION 42
DEVELOPMENT APPEALS
42.1
Any person applying for a development permit or any other person affected by an
order, decision or development permit made or issued by the Development Officer or
the Municipal Planning Commission may appeal such an order or decision to the
Subdivision and Development Appeal Board in accordance with the procedures
described in the Municipal Government Act.
42.2
An appeal to the Subdivision and Development Appeal Board shall be commenced by
serving a written notice of the appeal with reasons to the Subdivision and Development
Appeal Board and shall be accompanied by the applicable fees within:
(a) 21 days after the date on which the written decision was given in accordance with
Part 1, Section 35; or
(b) 21 days after expiry of the 40-day period under Part 1, Section 39 or the extension
period granted if no decision was made on the application.
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ENFORCEMENT
SECTION 43
NOTICE OF VIOLATION
43.1
Where the Development Officer or Municipal Planning Commission finds that a
development or use of land or buildings is not in accordance with the Municipal
Government Act the Subdivision and Development Regulation, a development
permit or subdivision approval, or this bylaw, the Development Officer or Municipal
Planning Commission may issue a notice of violation to the registered owner or the
person in possession of the land or buildings or to the person responsible for the
contravention.
43.2
Such notice shall state the following:
(a) nature of the violation;
(b) corrective measures required to comply; and
(c) time period within which such corrective measures must be performed.
SECTION 44
STOP ORDERS
44.1
As set forth in the Municipal Government Act, the Development Authority (Development
Officer or Municipal Planning Commission) is authorized to issue an Order under section
645 of the Municipal Government Act, if a development, land use or use of a building is
not in accordance with the Municipal Government Act, the Subdivision and
Development Regulation, a development permit or subdivision approval, or this bylaw.
44.2
A person who receives notice pursuant to subsection 44.1 may appeal the order to the
Subdivision and Development Appeal Board in accordance with the Municipal
Government Act.
44.3
An appeal of a stop order to the Subdivision and Development Appeal Board shall be
commenced by serving a written notice of the appeal to the Subdivision and
Development Appeal Board and shall be accompanied by the applicable fee within 21
days after the date of which a stop order is made under section 645 of the Municipal
Government Act.
SECTION 45
ENFORCEMENT OF STOP ORDERS
45.1
Pursuant to section 646 of the Municipal Government Act, if a person fails or refuses to
comply with an order directed to the person under section 645 or an order of a
subdivision and development appeal board under section 687, the designated officer
may, in accordance with section 542, enter on the land or building and take any action
necessary to carry out the order.
45.2
The Village may register a caveat under the Land Titles Act in respect of an order
referred to in Part 1, subsection 44.1 against the certificate of title for the land that is
the subject of an order.
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Village of Warner and Use Bylaw No. 538-12
45.3
If a caveat is registered under subsection 45.2, the Village must discharge the caveat
when the order has been complied with.
45.4
If compliance with a stop order is not voluntarily effected, the Village may undertake
legal action, including but not limited to, seeking injunctive relief from the Alberta Court
of Queen's Bench pursuant to section 554 of the Municipal Government Act. In
accordance with section 553 of the Municipal Government Act, the expenses and costs
of carrying out an order under section 646 of the Municipal Government Act may be
added to the tax roll of the parcel of land.
SECTION 46
PENALTIES AND RIGHT OF ENTRY
46.1
Any person who contravenes any provision of this bylaw is guilty of an offence in
accordance with Part 13, Division 5, Offences and Penalties of the Municipal
Government Act and is liable to a fine of not more than $10,000 or to imprisonment for
not more than one year or to both fine and imprisonment.
46.2
In accordance with section 542 of the Municipal Government Act, a designated officer
may, after giving reasonable notice to and obtaining consent from the owner or
occupier of land upon which this bylaw or Municipal Government Act authorizes
anything to be inspected, remedied or enforced or done by a municipality:
(a) enter on that land at a reasonable time and carry out inspection, enforcement, or
action authorized or required by the enactment or bylaw;
(b) request anything to be produced to assist in the inspection, remedy, enforcement
or action; and
(c) make copies of anything related to the inspection, remedy, enforcement or action.
46.3
If a person refuses to grant consent or refuses to produce anything to assist in the
inspection, remedy, enforcement or action referred to in section 542 of the Municipal
Government Act, the municipality under the authority of section 543 of the Municipal
Government Act may obtain a court order.
AMENDMENTS
SECTION 47
AMENDMENTS TO THE LAND USE BYLAW
47.1
Any person or the Village may initiate amendments to the Village of Warner Land Use
Bylaw by submitting an application to the Development Officer.
47.2
All applications for amendment shall be submitted using the applicable form in
Appendix A, and be accompanied by the applicable fee and any additional information,
as deemed necessary by the Development Officer to process the application.
47.3
The Development Officer may refuse to accept an application if, in his/her opinion, the
information supplied is not sufficient to make a proper evaluation of the proposed
amendment.
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PART 1 - Administration | 21
47.4
Council or the Development Officer may refer the application to the Municipal Planning
Commission for their recommendation.
47.5
The Development Officer shall forward an application to Council for consideration when
satisfied that sufficient information has been provided with the application.
47.6
Public hearing and notification requirements shall be in accordance with section 692 of
the Municipal Government Act.
47.7
Where an application for an amendment to the Village of Warner Land Use Bylaw has
been refused by Council, another application that is the same or similar in nature shall
not be accepted until at least 6 months after the date of refusal.
47.8
Where an application has been significantly changed, Village Council may, at their
discretion, accept an application prior to the end of the 6 month period specified in
subsection 47.7.
SECTION 48
LAND USE REDESIGNATION APPLICATION REQUIREMENTS
48.1
A request for redesignation from one land use district to another shall be accompanied
by:
(a) a completed application form and the applicable fee;
(b) a copy of the Certificate of Title for the lands, dated not more than one (1) year
prior to the date on which the application was made;
(c) a narrative describing the:
(i)
proposed designation and future uses(s);
(ii)
consistency with the applicable statutory plans;
(iii) compatibility of the proposal with surrounding uses and land use designations
(zoning);
(iv) development potential/suitability of the site, including identification of any
constraints and/or hazard areas (e.g. easements, soil conditions, topography,
drainage, floodplain, steep slopes, oil and gas wells, etc.);
(v)
availability of facilities and services (sewage disposal, domestic water, gas,
electricity, fire and police protection, schools, etc.) to serve the subject
property while maintaining adequate levels of service to existing
development;
(vi) any potential impacts on public roads; and
(vii) any other information deemed necessary by the Development Officer,
Municipal Planning Commission, or Council to properly evaluate the proposal;
(d) conceptual lot design, if applicable;
(e) a geotechnical report addressing the following but not limited to:
(i)
slope stability,
(ii)
groundwater,
(iii) sewage,
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Village of Warner and Use Bylaw No. 538-12
(iv) water table, and
(v)
flood plain analysis,
if deemed necessary by the Development Officer, the Municipal Planning
Commission, or Council;
(f)
an evaluation of surface drainage which may include adjacent properties if deemed
necessary by the Development Officer, Municipal Planning Commission, or Council;
and
(g) any other information deemed necessary by the Development Officer, Municipal
Planning Commission, or Council to properly evaluate the application.
48.2
An Area Structure Plan or Conceptual Design Scheme may be required in conjunction
with a redesignation application involving:
(a) industrial development;
(b) large-scale commercial development;
(c) manufactured home park;
(d) multi-lot residential development which has the potential to trigger capacity
upgrades or expansion of infrastructure; or
(e) as required by Council.
SECTION 49
REDESIGNATION CRITERIA
49.1
When redesignating land from one land use district to another, Council considerations
may include the following:
(a) compliance with applicable standards and provisions of the Village of Warner Land
Use Bylaw;
(b) consistency with any adopted statutory plans;
(c) compatibility with adjacent uses and land use designations (zoning);
(d) development potential/suitability of the site;
(e) availability of facilities and services (sewage disposal, domestic water, gas,
electricity, police and fire protection, schools, etc.) to serve the subject property
and any potential impacts to levels of service to existing and future developments;
(f)
cumulative impact to the Village;
(g) potential impacts on public roads;
(h) setback distances contained in the Subdivision and Development Regulation;
(i)
supply of suitably designated land;
(j)
public comment and any applicable review agency comments; and
(k) any other matters deemed pertinent by council.
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SUBDIVISION RULES AND PROCEDURES
SECTION 50
SUBDIVISION APPLICATION
50.1
An applicant applying for subdivision shall provide the required fees, materials and
information as requested by the Subdivision Authority or its designate. A complete
application for subdivision shall consist of:
(a) an application, in the manner and form prescribed, clearly and legibly completed
with all the required information and signatures provided as requested on the
form;
(b) the applicable fees paid;
(c) a copy of the current Certificate of Title for the land that is the subject of the
application;
(d) provincial abandoned gas well information;
(e) a tentative subdivision plan professionally prepared or an accurate and legible
sketch drawn to scale that shows the location, dimensions and boundaries of the
proposed subdivision and all other requirements prescribed in the subdivision
application package. For a subdivision application where any buildings or
structures are present on the land that is the subject of the subdivision, a sketch
prepared by a professional surveyor or a Real Property Report is required; and
(f)
any such other information as may be required at the discretion of the Subdivision
Authority or its designate in order to accurately evaluate the application and
determine compliance with this bylaw and any other municipal bylaws and plans,
the Municipal Government Act, the Subdivision and Development Regulation, or
other government regulations. This may include but is not limited to the provision
of geotechnical information, soil analysis reports, water reports, slope stability
analysis, drainage and storm water plans, contours and elevations of the land,
engineering studies or reports, wetland reports, environmental impact
assessments, utility and servicing information, and/or the preparation of an area
structure plan or conceptual design scheme.
SECTION 51
DETERMINATION OF COMPLETE SUBDIVISION APPLICATION
51.1
In accordance with the Municipal Government Act, the Subdivision Authority or its
designate, shall provide notification to a subdivision applicant within the 20-day
prescribed time period, on whether a submitted application is deemed complete, or if it
is determined to be incomplete what information is required to be submitted within a
specified time period, by sending notification in the following manner:
(a) for an application deemed complete, the applicant shall be notified in writing as
part of the formal subdivision application circulation referral letter;
(b) for an application determined to be incomplete, written notification shall be given
to the applicant which may be in the form of a letter sent by regular mail to the
applicant, or sent by electronic means, or both, or by any other method as may be
agreed to between the applicant and Subdivision Authority or its designate;
PART 1 - Administration | 24
Village of Warner and Use Bylaw No. 538-12
(c) in respect of subsection (b) for a subdivision application determined to be
incomplete, the applicant will be advised in writing as part of the Notice of
Incompleteness what the outstanding information and documents are that must be
submitted by a date specified in the notice for the application to be deemed
complete.
51.2
Notwithstanding subsection 51.1, the applicant and Subdivision Authority or its
designate may agree and sign a time extension agreement in writing in accordance with
section 653.1(3) of the Municipal Government Act to extend the 20-day time period to
determine whether the subdivision application and support information submitted is
complete.
51.3
If the applicant fails to submit all the outstanding information and documents on or
before the date referred to in subsection 51.1(c) or a later date agreed on in writing
between the applicant and the Subdivision Authority or its designate, the application is
deemed to be refused. The Subdivision Authority or its designate will notify the
applicant in writing that the application has been refused and state the reason for the
refusal and include the required information on filing an appeal and to which appeal
board the appeal lies, either the local appeal board or provincial Municipal Government
Board, in accordance with the parameters of the Municipal Government Act. The
notification may be sent by regular mail to the applicant, or sent by electronic means, or
both.
51.4
A determination made by the Subdivision Authority or its designate that an application
is complete for processing does not preclude the ability for the Subdivision Authority or
its designate to request other information or studies or documentation to be submitted
by the applicant during the review and processing period, prior to a decision being
rendered, or as a condition of subdivision approval.
SECTION 52
SUBDIVISION CRITERIA
52.1
All applications for subdivision approval shall be evaluated by the Village in accordance
with the following criteria:
(a) compliance with statutory plans, bylaws, and regulations;
(b) adequacy of road access;
(c) provision of municipal services and utilities, including storm water drainage;
(d) compatibility with adjacent land uses;
(e) accessibility to emergency services;
(f)
site suitability in terms of minimum dimensional standards for lots and all other
criterion in this bylaw as specified in the applicable land use district in Part 4.
(g) any other matters the Village may consider necessary.
52.2
For the purpose of infill development, an application which proposes to subdivide an
accessory structure onto a separate lot may be considered by the Subdivision Authority
where:
Village of Warner Land Use Bylaw No. 538-12
PART 1 - Administration | 25
(a) the proposed lots meet the provisions of Part 4 (Dimensional Standards and
Setbacks);
(b) the existing and proposed buildings meet the provisions of Part 4 (Dimensional
Standards and Setbacks) based on the lot proposed layout;
(c) the access of each lot is provided from a public roadway not a lane or laneway;
(d) all lots are serviceable to the satisfaction of the municipality.
SECTION 53
LOT DESIGN
53.1
Minimum dimensional standards for lots and all other criteria in this bylaw shall be as
specified in the applicable land use district in Part 4. General development standards
and use specific standards are as specified in Parts 3 and 6.
53.2
Subdivision of land designated Transitional Agricultural - TA shall not be permitted
except in accordance with an adopted Area Structure Plan or an approved Conceptual
Design Scheme.
53.3
Any lot created shall have frontage on a public street; frontage on a lane or laneway
alone shall not be permitted.
53.4
Double frontage lots shall be avoided, except where essential to separate residential
development from traffic arteries or to overcome specific disadvantages of topography
and orientation. In such cases, access will be allowed only on the lower classification
street.
53.5
At the time of subdivision, all corner lots and interior laneway corner lots shall dedicate
clear vision triangles as right-of-way.
PART 2 - Land Use Districts
Village of Warner Land Use Bylaw No. 538-12
PART 2 - Land Use Districts | 1
PART 2 - Land Use Districts
SECTION 1
DIVISION OF MUNICIPALITY
1.1
The Village is divided into those districts specified in Part 2, subsection 1.2 and
delineated on the attached map titled "Land Use Districts Map".
1.2
Each district shown on the map referred to in Part 2, subsection 1.1 shall be known by
the following identifying names and symbols:
RESIDENTIAL
- R
RESIDENTIAL MANUFACTURED HOME - RMH
COMMERCIAL
- C
INDUSTRIAL
- I
PUBLIC AND INSTITUTIONAL
- PI
TRANSITIONAL AGRICULTURAL
- TA
SECTION 2
INTENT OF LAND USE DISTRICTS
2.1
RESIDENTIAL - R
This district is intended to provide for a high quality residential environment with an
appropriate range of housing types.
2.2
RESIDENTIAL MANUFACTURED HOME - RMH
This district is intended to provide for development of manufactured homes on
individual titled lots as well as in a comprehensively planned manufacture home
community setting.
2.3
COMMERCIAL - C
This district is intended to provide for a variety of retail, service, and office uses, which
cater to the daily needs of the residents of the Village and the larger service area.
2.4
INDUSTRIAL - I
This district is intended to provide for a range of primarily light industrial and
warehousing uses and other industrial uses that may require large lots, special siting
and/or servicing.
2.5
PUBLIC AND INSTITUTIONAL - PI
This district is intended to provide for the development of government, educational,
medical, social and other public and institutional uses.
PART 2 - Land Use Districts | 2
Village of Warner and Use Bylaw No. 538-12
2.6
TRANSITIONAL AGRICULTURAL - TA
This district is intended to provide for limited development of land on the periphery of
existing developments which maintain larger lot sizes and maximize flexibility for use
and development when the land is required for urban development.
PART 3 - Use Regulation
Village of Warner Land Use Bylaw No. 538-12
PART 3 - Use Regulation | 1
PART 3 - Use Regulation
SECTION 1
USE CATEGORIES AND SPECIFIC USES
1.1
Uses allowed within each land use district are identified in Table 3.1. The land use
districts are referenced by their two letter abbreviations.
1.2
All of the specific uses listed in the second column of Table 3.1 are defined in Part 9
(Definitions). The use specific standard in the fourth column of Table 3.1 identifies
standards applicable to the use in addition to the general standards of development.
1.3
A "P" indicates that the use is classified as a permitted use within the respective land
use district. A permitted use is allowed by right within the respective land use district
only after review and approval by the Development Officer in accordance with Part 1,
Section 29 (Permitted Uses). Permitted uses are subject to all applicable standards of
the Land Use Bylaw.
1.4
A "D" indicates that the use is classified as a discretionary use within the respective land
use district. A discretionary use is allowed only after review and approval by the
Municipal Planning Commission, in accordance with Part 1, Section 30 (Discretionary
Uses). Discretionary uses are subject to all applicable standards of the Land Use Bylaw.
1.5
A blank cell (one without a "P" or "D") indicates that the use is not allowed (i.e.,
prohibited) within the respective land use district.
1.6
A use that is not specifically listed in the Use Type column of Table 3.1, but which may
be similar in character and purpose to other uses listed in the land use district in which
such use is proposed, may be classified by the Development Authority as either similar
to a permitted use or similar to a discretionary use in accordance with Part 1, Section 31
(Similar Use).
1.7
The provisions of Part 4 (Dimensional Standards and Setbacks) apply to all uses in this
section.
1.8
The provisions of Part 6 (General Standards of Development) apply to the uses in this
section.
1.9
Refer to Part 5 for development not requiring a development permit.
PART 3 - Use Regulation | 2
Village of Warner Land Use Bylaw No. 538-12
SECTION 2
USE TABLE
Table 3.1: Use Table
Use
Use Type
Land Use Districts
Use Specific Standards
General
R
RMH
C
I
PI
TA1
Accessory building/structure:
Part 3, Sections 4,9,12
≤ 55.74 m2 (600 ft2)
P
P
P
P
P
P
> 55.74 m2 (600 ft2)
D
D
D
D
D
D
Accessory Use
D
D
D
D
D
D
Part 3, Section 4
Alternative energy, individual
D
D
D
D
D
D
Part 3, Section 5
Moved-in building
D
D
D
D
Part 3, Section 15
Shipping container,
permanent
D
D
D
D
D
D
Part 3, Section 10
Shipping container,
temporary
P
P
P
P
P
P
Part 3, Section 10
Signs
D
D
D
D
D
D
Part 7
Telecommunication antenna
Part 8
Residential
R
RMH
C
I
PI
TA1
Single-detached dwelling:
Site built
P
D
Prefabricated
D
P
D
Part 3, Section 16
Moved-in
D
D
Part 3, Section 15
Semi-detached dwelling,
Duplex
D
Multi-unit dwelling
D
Assisted living
D
D
P
Manufactured home
community
D
Part 3, Section 17
Residential accessory to an
approved commercial use
D
Secondary suite
D
D
Part 3, Section 13
Senior citizen housing
D
P
Show home
D
D
Part 3, Section 11
Surveillance suite
D
D
Part 3, Section 14
Home occupation:
Part 3, Section 7
A
P
P
P
P
B
D
D
D
D
1 Discretionary use applications in the TA district may only be considered in conjunction with an approved
Conceptual Design Scheme or an adopted Area Structure Plan.
The provisions of Part 4 (Dimensional Standards and Setbacks) and Part 6 (General Standards of Development) also
apply to all uses in this section.
Village of Warner Land Use Bylaw No. 538-12
PART 3 - Use Regulation | 3
Table 3.1: Use Table (continued)
Use
Use Type
Land Use Districts
Use Specific Standards
Commercial
R
RMH
C
I
PI
TA1
Automotive
related
Auto sales and service
D
Car wash
D
D
Auto body and paint shop
D
D
Parking facility
D
D
D
Construction
Contractor, general
D
P
Contractor, limited
D
P
Lumber yard
D
P
Lodging
Hotel/motel
D
Boarding or lodging house
D
D
Offices
Office
P
D
D
Business support service
P
D
Financial institution
P
D
Recreation &
entertainment
Public or private recreation
D
D
D
Amusement facility
D
D
Entertainment establishment
D
D
Retail sales &
service
Convenience store
P
Medical/health facility
D
P
Personal services
P
Restaurant
P
D
Retail
P
Farmer's market
D
D
D
D
Funeral home
D
D
D
Liquor establishment
D
D
Liquor store
D
Service station or gas bar
D
D
Part 3, Section 6
Garden centre or greenhouse
D
D
D
Equipment sales, rental and
service
D
P
Retail cannabis store
D
Part 3, Section 18
Other
Mixed-use
commercial/residential
building
D
Part 3, Section 20
1 Discretionary use applications in the TA district may only be considered in conjunction with an approved
Conceptual Design Scheme or an adopted Area Structure Plan.
The provisions of Part 4 (Dimensional Standards and Setbacks) and Part 6 (General Standards of Development) also
apply to all uses in this section.
PART 3 - Use Regulation | 4
Village of Warner Land Use Bylaw No. 538-12
Table 3.1: Use Table (continued)
Industrial
R
RMH
C
I
PI
TA1
Manufacturing
Light fabrication shops
D
P
Light industrial
P
Manufacturing and
fabrication
D
Truck
transport
Transportation / delivery
service
D
P
Truck dispatch / depot
D
Truck stop
D
Truck wash
D
Warehousing
Bulk fuel station
D
Part 3, Section 6
Mini storage
D
P
General warehousing,
wholesale and storage
D
P
Outdoor storage
D
P
Part 3, Section 8
Other
Animal care service, small
P
P
D
Animal care service, large
D
D
Auctioneering facility
D
Excavation
D
D
D
D
D
D
Grain elevator
P
Kennel
D
Seed cleaning plant
D
Railway and railway related
uses
D
Cannabis production facility
D
Part 3, Section 19
Other
R
RMH
C
I
PI
TA1
Agriculture
Extensive agriculture, pasture
P
Child care
Day home
D
D
D
Child care facility
D
D
P
Community
Club or fraternal organization
D
D
P
Community association
building
D
P
Dormitory
D
D
Government services
P
P
Group care facility
D
D
1 Discretionary use applications in the TA district may only be considered in conjunction with an approved
Conceptual Design Scheme or an adopted Area Structure Plan.
The provisions of Part 4 (Dimensional Standards and Setbacks) and Part 6 (General Standards of Development) also
apply to all uses in this section.
Village of Warner Land Use Bylaw No. 538-12
PART 3 - Use Regulation | 5
Table 3.1: Use Table (continued)
Use
Use Type
Land Use Districts
Use Specific Standards
Other
(continued)
R
RMH
C
I
PI
TA1
Community
Hospital
P
(continued)
Institutional
D
D
Religious assembly
D
P
Schools / education facilities
D
P
Tourist information
P
P
P
Parks and
open space
Cemetery and interment
services
D
Golf course
D
D
Campground
D
D
Parks and playgrounds
D
D
D
P
D
Utility
Public or private utility
D
D
D
D
D
D
Waste management transfer
site
D
Wastewater treatment plant
D
Water treatment plant
D
1 Discretionary use applications in the TA district may only be considered in conjunction with an approved
Conceptual Design Scheme or an adopted Area Structure Plan.
The provisions of Part 4 (Dimensional Standards and Setbacks) and Part 6 (General Standards of Development) also
apply to all uses in this section.
SECTION 3
USE SPECIFIC STANDARDS
3.1
The standards in Part 3, Sections 3-18 establish additional requirements for specific
uses, buildings and structures. The General Standards of Development in Part 6, the
requirements of the applicable land use district in Part 4, and all other applicable
sections of the Land Use Bylaw also apply unless otherwise stated.
SECTION 4
ACCESSORY BUILDINGS, STRUCTURES AND USES
4.1
No accessory building, structure or use shall be allowed on a lot without an approved
principal structure or use.
4.2
Accessory buildings shall be constructed such that eaves shall be no closer than 0.6 m
(2 ft) from a side lot line or rear lot line and all drainage is conducted to the appropriate
storm drain via the applicant's own property.
4.3
Quonsets, quonset-style buildings or semicircular metal structures shall not be
permitted as accessory buildings in the Residential - R and Residential Manufactured
Home - R land use districts. This restriction does not include temporary car shelters.
PART 3 - Use Regulation | 6
Village of Warner Land Use Bylaw No. 538-12
SECTION 5
ALTERNATIVE ENERGY SOURCES
5.1
The Development Authority may only issue development approvals for alternative
energy sources such as, but not limited to, solar panels, heat exchange systems, and
small wind energy systems provided that any additional approvals or standards required
at the municipal, provincial and/or federal levels are met or exceeded.
SOLAR COLLECTOR
5.2
A solar collector attached to a wall or roof of a building shall be subject to the applicable
land use district and the following additional standards:
(a) A solar collector mounted on a roof:
(i)
may project a maximum of 1.3 m (4 ft) from the surface of the roof and shall
not exceed the maximum height requirements of the applicable land use
district; and
(ii) must not extend beyond the outermost edge of the roof.
(b) A solar collector mounted to a wall:
(i)
must be located such that it does not create undue glare on neighbouring
property or public roadways;
(ii) must be located a minimum of 2.4 m (8 ft) above grade;
(iii) may project a maximum of 1.5 m (5 ft) from the surface of the wall, when the
wall faces the rear property line, subject to the setback requirements of the
applicable land use district; and
(iv) may project a maximum of 0.6 m (2 ft) from the surface of the wall when the
wall faces the front, secondary front or side property line, subject to the
setback requirements of the applicable land use district.
5.3
A free-standing solar collector or a solar collector mounted to any structure other than a
roof or wall of a building shall be subject to the applicable land use district and the
following additional standards:
(a) A free-standing solar collector or a solar collector mounted to any structure other
than a roof or wall of a building:
(i)
must be located such that it does not create undue glare on neighbouring
property or public roadways; and
(ii) must not exceed 1.8 m (6 ft) in height above existing grade.
SMALL WIND ENERGY SYSTEMS
Information Requirements
5.4
An application for a development permit for a proposed small wind energy conversion
system (SWECS) must be completed and submitted to the Development Officer
accompanied by:
(a) a site plan acceptable to the Development Officer indicating the exact location of
the SWECS on the parcel and all buildings and structures, registered easements or
right-of-way, and any overhead utilities, dimensioned to the property lines and
drawn to a satisfactory scale;
Village of Warner Land Use Bylaw No. 538-12
PART 3 - Use Regulation | 7
(b) existing and proposed parking and loading areas, driveways, abutting streets,
avenues and lanes, and surface drainage patterns;
(c) photographs and/or plans of the proposed SWECS indicating:
(i) rated output in kilowatts;
(ii) safety features and noise characteristics;
(iii) turbine height;
(iv) blade diameter and rotor clearance;
(v) nature and function of over speed controls which are provided; and
(vi) estimated lifespan.
(d) specifications on the foundation and anchor design, including the location and
anchoring of any guy wires;
(e) engineered plans, prepared by a professional engineer, for SWECS that are
mounted or attached to any building demonstrating that the building can support
the SWECS; and
(f)
any security measures proposed to ensure public safety and security.
Referrals
5.5
Prior to making a decision on a development permit application for a SWECS, the
Development Authority may require that the application be referred to the following
agencies and departments:
(a) Transport Canada;
(b) NAVCanada;
(c) Alberta Transportation; and
(d) any other federal or provincial agencies or departments deemed necessary.
General Standards for SWECS
Any SWECS shall be subject to the following general standards:
5.6
The SWECS shall be setback from all property lines a distance equal to the height of the
system.
5.7
The blade clearance of any SWECS shall not be less than 4.6 m (15 ft) above grade.
5.8
Any climbing apparatus associated with the SWECS shall be a minimum of 4.6 m (15 ft)
above grade.
5.9
Any guy wires associated with a SWECS shall be accommodated entirely within the
parcel and must be clearly visible from grade to a height of 1.8 m (6 ft).
5.10
The sound produced by the SWECS under normal operating conditions, as measured at
the property line shall not exceed 60 dBA or 6 dBA over the background noise,
whichever is greater.
5.11
The SWECS shall not display advertising or other marketing.
PART 3 - Use Regulation | 8
Village of Warner Land Use Bylaw No. 538-12
5.12
The SWECS shall not be artificially illuminated except as required by a federal or
provincial agency or department.
5.13
The manufacturer's identification, technical, warning, and emergency contact
information must be affixed no lower than 0.9 m (3 ft) from the base of the tower and
not higher than 1.5 m (5 ft) from the base of the tower.
5.14
The Development Authority may regulate the maximum number of SWECS permitted on
a lot.
5.15
The Development Authority may require as a condition of approval that any SWECS be
finished in a non-reflective matte and in a colour which minimizes the obtrusive impact
of the SWECS to the satisfaction of the Development Authority.
5.16
The Development Authority may require as a condition of approval that any SWECS be
surrounded by a security fence with a lockable gate not less than 1.8 m (6 ft) in height.
5.17
Prior to the installation of a SWECS the applicant and/or landowner shall obtain:
(a) all relevant federal and provincial permits and permissions;
(b) an electrical permit, and if applicable, a building permit;
(c) wire service provider approval for SWECS with a rated output of less than 10 kW
that are proposed to be connected to the grid; and
(d) Alberta Utilities Commission approval for SWECS with a rate output greater than
10 kW that are proposed to be connected to the grid.
5.18
All components of the SWECS, including any electrical components, shall comply with
the Canadian National Standards and shall bear the appropriate certification marks.
5.19
The SWECS system must be installed by a certified electrical contractor prior to
operation.
5.20
Where the SWECS has been inactive for more than six consecutive months the applicant
or landowner is required to decommission and remove the system at their expense. If
the SWECS is not decommissioned and removed after six months of inactivity, the
Village may undertake enforcement action.
Decommissioning
5.21
Prior to removal of the SWECS the applicant or landowner shall submit documentation
to the Development Officer demonstrating that the system has been disconnected from
any electrical utilities.
5.22
All refuse associated with the decommissioning and dismantling of the SWECS shall be
removed from the property and disposed of appropriately.
5.23
Upon removal of the SWECS the property shall be restored to its pre-construction
condition to the satisfaction of the Development Officer.
Village of Warner Land Use Bylaw No. 538-12
PART 3 - Use Regulation | 9
Review of Permits
5.24
Village Council shall review the impacts of issuance of permits for Small Wind Energy
Systems after the issuance of 25 development permits for this specific use within the
municipality.
SECTION 6
BULK FUEL STATIONS AND SERVICE STATIONS
6.1
Notwithstanding the District Regulations, a use pursuant to this section shall not be
located on sites which, in the opinion of the Development Authority, would be
considered unsafe in terms of vehicle circulation, topography and access and egress
from the site.
6.2
In addition to the setback requirements of the applicable land use district, bulk fuel
ammonia storage facilities are subject to the Guidelines for the Location of Stationary
Bulk Ammonia Storage Facilities prepared by AB Environment.
SECTION 7
HOME OCCUPATIONS
Home Occupation A
7.1
A small-scale, home occupation contained within the principal dwelling involving:
(a) phone and office use only;
(b) no outdoor storage and/or display of goods;
(c) no customer/client visits to the residence; and
(d) no non-resident employees.
Home Occupation B
7.2
All other home occupations shall be classified as a Home Occupation B and may involve:
(a) the use of a principal structure, garage and/or accessory structure;
(b) limited outdoor storage provided that it is screened from view and/or display of
goods within the residence, garage or accessory structure;
(c) limited volume of on-premises sales;
(d) limited customer/client visits;
(e) a maximum of one non-resident employee (i.e., someone who does not live at the
home in which the business is operated).
Additional Home Occupation Standards
7.3
A home occupation shall be incidental and subordinate to the principal residential use of
the dwelling and shall not change the external appearance or character of the dwelling.
There shall be no business activities associated with the home occupation conducted on
the lot outside the dwelling or accessory structure.
PART 3 - Use Regulation | 10
Village of Warner Land Use Bylaw No. 538-12
7.4
Allowances for home occupations are intended to foster small-scale business. Home
occupations will be required to relocate to a suitable commercial or industrial district
when they become incompatible with a residential area or become unsuitable as a
home occupation.
7.5
A Home Occupation B shall not be permitted, if in the opinion of the Development
Authority, the use would be more appropriately located within a commercial or
industrial district or is a noxious or hazardous use.
7.6
The business operator shall be a full-time resident of the dwelling.
7.7
Unless otherwise approved by the Municipal Planning Commission, not more than one
home occupation is permitted on a lot.
7.8
The use must not generate more vehicular or pedestrian traffic and vehicular parking
than normal within the district.
7.9
No offensive noise, vibration, electrical interference, smoke, dust, odors, heat or glare
shall be produced by the use.
7.10
No use shall cause an increase in the demand placed on any one or more utilities (water,
sewer, garbage, etc.) such that the combined total consumption for a dwelling and its
home occupation exceed the normal demand for residences in the area.
7.11
Home occupations shall not include any use that would, in the opinion of the
Development Authority, materially interfere with or affect the use or enjoyment of
neighbouring properties or activities that use or store hazardous materials.
7.12
Signage advertising a Home Occupation A is limited to one sign located in the structure
window up to a maximum of 0.19 m² (2 ft²) in size and must be approved by the
Development Authority. Signage for a Home Occupation B shall be as approved by the
Development Authority.
7.13
The Development Authority may regulate the hours of operation, the number of
customer visits, outdoor storage and screening and landscaping requirements for
outdoor storage.
7.14
Any changes to an approved home occupation require a new development permit and
the approval of the Development Authority.
7.15
The development permit for the use shall be valid only for the period of time the
property is occupied by the applicant for such approved use and is not transferable to
another location or another person.
7.16
The issuance of a development permit in no way exempts the applicant from obtaining a
business license from the Village and any other Provincial approvals that may be
required.
Village of Warner Land Use Bylaw No. 538-12
PART 3 - Use Regulation | 11
7.17
A Home Occupation B development permit may be issued as a temporary development
permit that may be renewed annually or on a timeline specified in the approval by the
Municipal Planning Commission.
7.18
A Home Occupation B shall not be approved where a secondary suite has been
developed, unless it is proven to the satisfaction of the Development Authority that the
amount of traffic generated is limited and adequate parking is available without
adversely affecting the neighborhood.
SECTION 8
OUTDOOR STORAGE AND DISPLAY
8.1
Temporary outdoor display of goods, materials, and equipment for advertising and sale
purposes may be permitted in the front yard provided the display is not located within
any required landscape area or buffer.
8.2
The Development Authority may impose conditions related to screening, buffering or
landscaping of any outdoor display areas.
8.3
Outdoor storage areas shall not be permitted within the front, secondary front or side
setback.
8.4
Outdoor storage areas adjacent to a residential lot shall be effectively screened by an
opaque fence of at least 1.8 m (6 ft) in height or other suitable screening to the
satisfaction of the Development Authority.
SECTION 9
SATELLITE DISHES AND RADIO OR TELEVISION ANTENNA
9.1
In all residential land use districts and the Transitional Agricultural - TA district:
(a) satellite dishes greater than 0.9 m (3 ft) in diameter or radio or television antenna
shall be classified as an accessory structure and shall be placed in the rear or side
yard;
(b) satellite dishes greater than 0.9 m (3 ft) in diameter shall not be mounted or
attached to the roof of any dwelling or accessory building and shall not be
illuminated or contain advertising other than the manufacturer's trademark or
logo.
9.2
In the Commercial - C, Industrial - I and Public and Institutional - PI districts, the
Development Authority may approve the installation of a satellite dish on a lot, the roof
of any building or portion thereof as an accessory structure if, in its opinion, such an
installation does not:
(a) constitute a public safety hazard;
(b) compromise the structural integrity of the building; or
(c) constitute an unreasonable visual obstruction.
9.3
Radio and television antennas, which are not regulated by Industry Canada, are
classified as an accessory structure. See Part 8 for those regulated by Industry Canada.
PART 3 - Use Regulation | 12
Village of Warner Land Use Bylaw No. 538-12
SECTION 10
SHIPPING CONTAINERS
10.1
A shipping container may be placed temporarily on a construction site for the period of
construction, in any land use district, subject to the following provisions:
(a) temporary shipping containers are subject to the standards in subsection 10.3;
(b) the shipping container is needed in connection with construction of a development
for which a development permit has been issued;
(c) the construction site is active (i.e., construction has commenced and is on-going or
is about to commence within one week); placement of a shipping container on an
inactive construction site is prohibited;
(d) setbacks for a temporary shipping container shall be as required by the
Development Authority;
(e) the Development Authority has the authority to determine the maximum number
of and amount of time a shipping container is permitted on a lot; and
(f)
the shipping container shall be removed immediately upon completion of
construction or sooner as may be required by the Development Authority.
10.2
Permanent shipping containers may be considered as a discretionary use in any land use
district subject to Part 3, subsections 10.3 - 10.12 and the following provisions:
(a) the maximum site coverage and setback requirements for accessory buildings and
structures in the applicable land use district;
(b) in the residential land use districts and the Transitional Agricultural land use
district, the shipping container shall not display advertising, company logos, names
or other marketing. In non-residential districts, the shipping container shall not
display advertising, company logos, names or other marketing without an approved
sign permit.
General Standards for Shipping Containers
10.3
An application for a development permit for a proposed shipping container must be
completed and submitted to the Development Officer accompanied by the applicable
application fee and a minimum of two recent colour photographs of each container (one
end view and one side view).
10.4
There shall be a legal principal use on the property where the shipping container is
proposed.
10.5
Shipping containers are permitted to be used for storage only and shall not be used as a
building or a construction material.
10.6
The Development Authority may regulate the maximum number of shipping containers
permitted on a lot.
10.7
The Development Authority may regulate the maximum height, width and length of
shipping containers.
Village of Warner Land Use Bylaw No. 538-12
PART 3 - Use Regulation | 13
10.8
The Development Authority may require as a condition of approval that a shipping
container be screened from view, landscaped, sided and roofed to make it aesthetically
pleasing.
10.9
The Development Authority may require as a condition of approval that any shipping
container be sandblasted and/or painted a neutral or complementary colour to match
the existing building(s) on the property.
10.10 The Development Authority may require as a condition of approval that the exterior of
the shipping container be kept clean and regularly painted in a neutral or
complementary colour to match the existing building(s) on the property.
10.11 The Development Authority may regulate the time period for which a development
permit for a shipping container(s) is valid through the issuance of a temporary permit.
10.12 Removal of the shipping container(s) at the expiration of the permit shall be at the
expense of the applicant and/or landowner. The Development Authority may require as
a condition of approval the posting of a bond or a security guaranteeing the removal of
the container and/or compliance with the conditions of the permit.
SECTION 11
SHOW HOMES
11.1
The construction of or use of a new, unoccupied dwelling unit for the purpose of a show
home for the sale or marketing of other dwelling units by a builder or developer within a
subdivision or development may be approved as a temporary use in the residential land
use districts.
11.2
A dwelling occupied as a residence shall not be used as a show home, sales office or as a
facility to demonstrate a builder's construction quality or methods.
11.3
The show home shall not be open to the public for viewing until the road accessing the
show home is developed to municipal standards.
11.4
There shall be a sign posted at the show home identifying it as such.
11.5
The advertised hours that the show home is open to the public shall not be earlier than
9:00 a.m. or later than 9:00 p.m.
11.6
Conditions of the permit do not limit the private showing by appointment of the show
home at any time.
SECTION 12
SWIMMING POOLS, RESIDENTIAL
12.1
Residential swimming pools shall be classified as an accessory structure.
12.2
Any residential swimming pool with a design depth greater than 0.6 m (2 ft) shall be
constructed and fenced in accordance with Safety Codes requirements.
PART 3 - Use Regulation | 14
Village of Warner Land Use Bylaw No. 538-12
12.3
Temporary above ground swimming pools and above ground hot tubs do not require a
development permit, but are subject to Safety Codes and may require a building permit.
12.4
Construction of an in-ground swimming pool and swimming pools that are attached to a
deck require a development permit and are subject to the following additional
standards:
(a) placement of a swimming pool shall be limited to the side and rear yard only;
(b) swimming pools are subject to the setback requirements for accessory structures in
the applicable land use district; and
(c) swimming pools are subject to the maximum site coverage requirements for
accessory structures in the applicable land use district.
SECTION 13
SECONDARY SUITE STANDARDS
13.1
A secondary suite shall only be permitted on a lot with a developed single-detached
dwelling.
13.2
A secondary suite may be located within a single-detached dwelling or an accessory
structure. If proposed within an accessory structure, the single-detached dwelling must
be established on the lot prior to approval of a secondary suite.
13.3
A secondary suite shall have cooking facilities, food preparation area, sleeping and
sanitary facilities, which are physically separate from those of the principal dwelling
within the structure. A secondary suite shall also have an entrance separate from the
entrance to the principal dwelling, either from a common indoor landing or directly
from the side or rear of the structure.
13.4
Either the principal dwelling or the secondary suite must be owner occupied.
13.5
The maximum floor area of the secondary suite shall be as follows:
(a) in the case of a secondary suite located within a single-detached dwelling, the floor
area of the secondary suite shall not exceed 50% of the floor area of the single-
detached dwelling;
(b) in the case of a secondary suite located within an accessory structure, the floor
area of the secondary suite shall not exceed 74.3 m2 (800 ft2), whichever is the
lesser.
13.6
The minimum floor area for a secondary suite shall be not less than 30.2 m² (325 ft²).
13.7
A secondary suite shall be developed in such a manner that the exterior of the principal
building containing the secondary suite shall appear as a single dwelling.
13.8
No more than one secondary suite shall be permitted on any lot.
Village of Warner Land Use Bylaw No. 538-12
PART 3 - Use Regulation | 15
13.9
A secondary suite shall not be developed on a lot containing a Home Occupation B,
unless it is proven to the satisfaction of the Development Authority that the amount of
traffic generated is limited and adequate parking is available without adversely affecting
the neighborhood.
13.10 The secondary suite shall not be subject to separation from the principal dwelling
through a condominium conversion or subdivision.
13.11 Variances or waivers of setbacks shall not be granted to develop a secondary suite.
13.12 The secondary suite shall have full utility services through service connections from the
principal dwelling unit.
13.13 Development of a secondary suite shall adhere to the Alberta Building Code and Alberta
Fire code as a condition of approval.
SECTION 14
SURVEILLANCE SUITES
14.1
A development permit for a surveillance suite will only be issued if the surveillance suite
is clearly compatible with and subordinate to the principal use of the subject parcel.
Moreover, in the opinion of the Municipal Planning Commission, the placement of a
surveillance suite shall be compatible with all existing, principal development/land uses
on adjacent properties and shall not interfere with future principal development/land
uses of adjacent properties.
14.2
Where a surveillance suite is attached to the building on a site by a roof, an open or
enclosed structure, floor or a foundation, it is to be considered a part of the principal
building.
14.3
The maximum floor area of any surveillance suite shall be 55.8 m2 (600 ft2).
14.4
Where a surveillance suite is a manufactured home unit, the following shall apply:
(a) the unit shall have a CSA certification or equivalent, proof of which shall
accompany the development permit application;
(b) the unit shall be secured and skirted to the satisfaction of the Development
Authority.
SECTION 15
MOVED-IN DWELLINGS AND MOVED-IN BUILDINGS
15.1
An application for the placement of a moved-in dwelling/building shall include the
following additional information:
(a) a report by a certified safety codes officer documenting the quality of the building
and compliance with the requirements of the Alberta Building Code;
(b) recent colour photographs of all exterior sides of the proposed moved-in dwelling;
(c) information regarding the age of the building, foundation height, roofing and
exterior finish material, and any proposed upgrades to the exterior of the moved-in
building;
PART 3 - Use Regulation | 16
Village of Warner Land Use Bylaw No. 538-12
(d) any proposed additions including porches, steps, decks, garage or other similar
features;
(e) any additional information required by the Development Authority to determine
the suitability of the proposed moved-in building.
15.2
The building shall comply with all provincial and municipal health and fire regulations
prior to occupancy and release of deposit.
15.3
The quality of the completed building shall be at least equal to or better than the quality
of the other buildings in the area.
15.4
The requirements of the building shall be established by the Development Authority at
the time of approval of the application and shall form a part of the conditions of the
development permit.
15.5
A limit of the time of completion and full compliance with all stipulated requirements
shall be established by the Development Authority at the time of the approval of the
application.
15.6
The Development Authority may require a bond or irrevocable letter of credit of a
minimum of 50% of the estimated value of the structure, or $5,000, whichever is greater
to ensure the conditions of the development permit are met.
SECTION 16
PREFABRICATED DWELLINGS
16.1
Eligible prefabricated dwellings are:
(a) new factory built dwellings, panelized dwellings and ready-to-move dwellings that
meet CSA standards and Alberta Building Code (CSA A-277) that have not been
previously occupied;
(b) used factory built dwellings in a good state of repair to the satisfaction of the
Development Authority that are CSA certified, bear the Alberta Building Label (CSA
A-277 or Z-240 building labels) or the original home certification.
16.2
An application for a development permit for a new prefabricated dwelling under Part 3,
subsection 16.1(a) shall include the following additional information:
(a) professional building plans illustrating the exterior design, floor plan, and
elevations;
(b) if available, colour photographs of all exterior sides of the proposed dwelling;
(c) any proposed additions, including porches, steps, decks, garages, or other similar
features;
(d) the proposed foundation or footing type;
(e) any additional information required by the Development Authority to determine
the suitability of the proposed dwelling.
Village of Warner Land Use Bylaw No. 538-12
PART 3 - Use Regulation | 17
16.3
An application for a development permit for a used prefabricated dwelling under Part 3,
subsection 16.1(b) shall include the following additional information:
(a) recent colour photographs of all exterior sides of the dwelling including any
additions;
(b) a recent inspection report by a Safety Codes Officer completed within 30 days of
the application date to determine the suitability of the dwelling;
(c) drawing of the floor plan, or if available, professional building plans illustrating the
exterior design, floor plan, and elevations;
(d) any proposed additions, including porches, steps, decks, garages or other similar
features;
(e) the proposed foundation or footing type;
(f)
any additional information required by the Development Authority to determine
the suitability of the proposed dwelling.
16.4
The design, character and appearance, including the roof lines and materials and
exterior finish of the dwelling shall be consistent with the purpose of the district in
which the dwelling is proposed and compatible with the surrounding buildings.
16.5
To ensure compatibility of housing types, the Development Authority may regulate:
(a) roof lines;
(b) exterior finish - type and colour;
(c) foundation type and maximum elevation;
(d) dwelling orientation;
(e) any other matters deemed necessary to ensure compatibility with surrounding
development.
16.6
The quality of the completed dwelling shall be at least equal to the quality of the other
buildings in the area.
16.7
All prefabricated dwelling placed on a pile, pier or other open foundation type shall be
skirted in compatible materials and enclosed to the satisfaction of the Development
Authority.
16.8
Any wheels, hitches or running gear shall be removed immediately upon placement of
the dwelling.
16.9
All additions shall be of a design and finish which complement the dwelling.
16.10 The Development Authority may require a bond or irrevocable letter of credit of a
minimum $5000 to a maximum value of up to 50 percent of the assessed value of the
dwelling to ensure the conditions of the development permit for the dwelling are met.
PART 3 - Use Regulation | 18
Village of Warner Land Use Bylaw No. 538-12
SECTION 17
MANUFACTURED HOME COMMUNITY
Prior to the issuance of a Development Permit for a comprehensively planned manufactured
home community, the Development Authority shall receive and adopt by resolution a
Comprehensive Plan for the community. A Comprehensive Plan shall be in accordance with, but
not necessarily limited to, the following:
Parcel Size
17.1
The parcel subject to the development of a comprehensively planned manufactured
home community shall be no greater than 4 ha (10 acres) in size.
General and Overall Appearance
17.2
The manufactured home community plan shall incorporate detailed aesthetic
considerations such as:
(a) substantial landscaping design of the entire park in general, and of individual sites
in particular;
(b) treatment of communal areas, both indoor and outdoor;
(c) imaginative handling of street furniture such as lamp standards, litter bins,
benches, street signs, and accessories of this nature; and
(d) the community design and subsequent placement of dwellings on lots shall
integrate well with adjoining residential development so as not to be obtrusive.
Open Space Requirements
17.3
A minimum of 10 percent of the manufactured home community area shall be
developed for park use for the enjoyment of the residents.
Servicing Requirements
17.4
An engineer shall be engaged at the expense of the developer to consult with the Village
and utility companies to arrive at a design for all interior servicing, including roads,
drainage, grading, sewer, water, natural gas, telephone, electrical and fire protection.
17.5
All on-site servicing shall be built to the standards and requirements of the Village of
Warner and any applicable utility companies.
17.6
Utility easements as may be required shall be provided within the site, and reasonable
access to these easements shall be granted to the Village Public Works Department and
utility companies for the installation and maintenance of services as required.
Internal Roads
17.7
Internal roads shall be provided in the manufactured home community to allow access
to individual manufactured home lots as well as to other facilities where access is
required.
17.8
Internal roads shall be privately owned and maintained and form part of the common
area.
Village of Warner Land Use Bylaw No. 538-12
PART 3 - Use Regulation | 19
17.9
The internal road system shall be designed to be compatible with existing municipal
roads and public utility systems.
17.10 The internal road system shall provide convenient circulation by the use of local roads
and properly located collector roads within the manufactured home park. Dead-end
roads shall be discouraged; however, where design alternatives are not available, a
minimum 16.8 m (55 ft) radius shall be provided for turn-around purposes.
17.11 If the public roadway through which access to the manufactured home community is
obtained is paved, then the roads in the manufactured home community shall be paved.
17.12 A minimum right-of-way width of 12.2 m (40 ft) is required for all roads within the
development.
Manufactured Home Additions
17.13 Any addition to a manufactured home shall be of a design and finish which will
complement the manufactured home unit and the neighbouring units in the vicinity, as
determined by the Development Authority.
17.14 Additions shall be located to the rear or side of the manufactured home unit only.
Where any lot has more than one front yard line, the front yard requirements shall
apply to one yard only and additions may be permitted in the other front yard.
17.15 Additions shall not exceed 30 percent of the floor area of a manufactured home unit.
Storage Compound
17.16 The developer of the comprehensively planned manufactured home community shall
provide, within the park, an area to accommodate storage.
17.17 The size of this storage area shall be a percentage of the total site area as determined by
the Development Authority and shall be satisfactorily screened by fences, trees,
landscaped features, or combinations thereof, and be maintained in good repair.
Siting Criteria
17.18 The following distances must be observed in locating a structure within a designated
manufactured home community:
(a) a minimum of 1.5 m (5 ft) must separate the manufactured home from the lot lines
(front, rear, and one side yard) except as provided for in a Comprehensive Plan;
(b) a minimum of 5.5 m (18 ft) side yard open space must separate individual
manufactured homes (driveways, carports and open porches are allowable in this
space);
(c) the distance between a manufactured home stand and an abutting common area
such as a paved street or walkway or public parking area shall be 3.7 m (12 ft);
(d) all open porches, carports and accessory buildings shall be set back minimum 4.6 m
(15 ft) from the front lot line;
PART 3 - Use Regulation | 20
Village of Warner Land Use Bylaw No. 538-12
(e) accessory buildings may be located 1.5 m (5 ft) from the manufactured home side
lot line, provided structures on the adjoining parcel are 3.0 m (10 ft) away;
(f)
covered decks and porches (walls, roof, etc.) shall be considered part of the
principal building and must meet the stipulated setbacks for the manufactured
home;
(g) any accessory building shall cover not more than 15 percent of the surface area of
the manufactured unit lot, or 55.7 m2 (600 ft2), whichever is less;
(h) the manufactured home units shall cover not more than 40 percent of the total
surface area of the lot.
Drawings to be Submitted by Applicants
17.19 The following drawings must be submitted:
(a) a scaled site plan shall be submitted showing the manufactured home park and its
immediate surroundings;
(b) the site plan shall indicate, among other things, the mix of single-wide and double-
wide manufactured home lots, the lot size dimensions, street and pavement
widths, parking stalls, location of service buildings, storage compound, playground
and walkway system;
(c) a utility plan shall be based on the site plan and shall indicate the location of all
utilities necessary for the provision of the following services to the area to be
developed:
- water supply (including any proposed irrigation)
- sanitary sewer
- storm sewer
- power
- natural gas
- telephone
- cablevision
- street lighting
The sizing and specifications of all utilities to be determined in consultation with
the Village's Public Works Department and the respective utility companies or
agencies;
(d) a layout plan shall indicate typical arrangement of manufactured homes as well as
parking areas and landscaping of the lot;
(e) a detailed landscaping plan shall illustrate the types of tree planting and ground
cover for internal buffer strips, open space and playground areas, irrigation layout,
all manufactured home lots, and entrances to the park.
SECTION 18
RETAIL CANNABIS STORE
18.1
A retail cannabis store shall not be approved if any portion of an exterior wall of the
store is located within 100 m (328 ft) of:
(a) the boundary of a parcel of land on which a provincial health care facility is located,
including any associated grounds;
Village of Warner Land Use Bylaw No. 538-12
PART 3 - Use Regulation | 21
(b) the boundary of a parcel of land containing a school (public or private), including
any associated grounds;
(c) the boundary of a parcel of land that is designated as school reserve (SR) or
municipal and school reserve (MSR) under the Municipal Government Act;
(d) the boundary of the parcel of land on which the Village of Warner Library is
located;
(e) the boundary of the parcel of land on which the Lions Park and Campground is
located.
18.2
A retail cannabis store shall not be approved if any portion of an exterior wall of the
store is located within 150 m (492 ft) of another retail cannabis store (measured to the
exterior wall).
18.3
All parking and loading area requirements shall be provided in accordance with Section
14 Off-Street Parking and Loading Requirements, Part 6 General Standards of
Development. The "Retail" category in Table 6.2 - Non-Residential Minimum Required
Off-Street Parking, Section 14.8, Part 6, shall be used to calculate off-street parking
space requirements for a retail cannabis store.
18.4
All retail cannabis stores shall be subject to the condition that the applicant is
responsible for obtaining all applicable approvals from the Alberta Gaming and Liquor
Commission with a copy of such approvals submitted to the Village prior to operation of
a retail cannabis store.
18.5
The applicant proposing a retail cannabis store shall submit the following additional
information with the development permit application:
(a) documentation demonstrating how the cannabis retail store complies with the
Conditions Governing Cannabis Store Premises under the Alberta Gaming, Liquor
and Cannabis Regulation; and
(b) proposed exterior business signage and information demonstrating compliance
with the Alberta Gaming and Liquor Commission store names.
SECTION 19
CANNABIS PRODUCTION FACILITY
19.1
The owner or applicant must provide as a condition of development a copy of the
current licence for all activities associated with the cannabis production facility as issued
by Health Canada.
19.2
The owner or applicant must obtain any other approval, permit, authorization, consent
or licence that may be required to ensure compliance with applicable federal, provincial
and other municipal legislation.
19.3
A cannabis production facility shall not be approved within 100 m (328 ft) of:
(a) a residential district, measured from building containing the use to the nearest
property line of a parcel designated residential;
PART 3 - Use Regulation | 22
Village of Warner Land Use Bylaw No. 538-12
(b) the boundary of a parcel of land containing a school (public or private), including
any associated school grounds; or
(c) the boundary of a parcel of land that is designated as school reserve (SR) or
municipal and school reserve (MSR) under the Municipal Government Act;
unless the Development Authority is satisfied that adequate measures and high
operational standards will be undertaken and maintained to minimize nuisance, hazard
or noxious effect on vicinity land uses.
19.4
The development must be undertaken in a manner such that all of the processes and
functions are fully enclosed within a building, including waste materials.
19.5
The development must include equipment designed and intended to remove odours
from the air where it is discharged from the building as part of the ventilation system.
19.6
All parking and loading area requirements shall be provided in accordance with Section
14 Off-Street Parking and Loading Requirements, Part 6 General Standards of
Development. The "All other uses" category in Table 6.2 - Non-Residential Minimum
Required Off-Street Parking, Section 14.8, Part 6, shall be used to calculate off-street
parking space requirements for a cannabis production facility.
19.7
A public utility and waste management plan shall be submitted with the development
permit application that describes:
(a) estimated volume of monthly water usage;
(b) incineration of waste products and airborne emissions, including smell;
(c) the quantity and characteristics of liquid and waste material discharged by the
facility; and
(d) the method and location of collection and disposal of liquid and waste material.
SECTION 20
MIXED-USE COMMERCIAL/RESIDENTIAL BUILDING
20.1
The mixed-use commercial/residential building use allows for a combination of one or
more of the uses listed in the Commercial - C land use district within a building,
including allowance for a residential dwelling unit(s) within a portion of the building
independent of the commercial use of the building. Each use within a mixed-use
commercial/residential building shall be considered as a separate use and issued under
a separate development permit(s).
20.2
The maximum number of residential dwelling units allowed within a mixed-use
commercial/residential building shall be at the discretion of the Municipal Planning
Commission.
20.3
A residential dwelling unit within a mixed-use commercial/residential building shall have
at-grade access that is separate from the access for the commercial premises, either
from a common indoor landing or directly from the exterior of the structure.
Village of Warner Land Use Bylaw No. 538-12
PART 3 - Use Regulation | 23
20.4
A residential dwelling unit within a mixed-use commercial/residential building shall have
a minimum floor area of not less than 30.2 m² (325 sq ft).
20.5
A residential dwelling unit within a mixed-use commercial/residential building shall have
sanitary facilities separate from those of the commercial use of the premises.
20.6
Residential dwelling units on the main floor (at-grade) of a mixed-use
commercial/residential building shall not exceed 50% of gross floor area of the main
floor.
20.7
Off-street parking and loading requirements for a mixed-use commercial/residential
building shall be provided in Section 14 Off-Street Parking and Loading Requirements,
Part 6 General Standards of Development based on the applicable residential and non-
residential use category.
PART 4 - Dimensional Standards and Setbacks
Village of Warner Land Use Bylaw No. 538-12
PART 4 - Dimensional Standards | 1
PART 4 - Dimensional Standards and Setbacks
SECTION 1
DIMENSIONAL STANDARDS AND MINUMUM SETBACKS
1.1
Tables 4.1, 4.2 and 4.3 list the dimensional standards and setback requirements that
apply within each of the land use districts.
SECTION 2
MINIMUM LOT SIZE
Minimum Dimensions Table
2.1
Table 4.1 lists the dimensional requirements that apply to uses within each of the land
use districts.
Table 4.1: Minimum Lot Size
Land Use District
Use
Minimum Lot Size
Width
Length
Area
R
m
ft
m
ft
m2
ft2
Dwelling, single-detached(a)
15.0
49
30.0
98
450.0
4,844
Dwelling, duplex
24.0
79
30.0
98
720.0
7,750
Dwelling, semi-detached (each
unit)
12.0
39
30.0
98
360.0
3,875
Dwelling, multi-unit
30.0
98
30.0
98
900.0
9,688
Accessory building/structure
and Home occupation A
Same as principal use
All other uses
As required by the Development Authority
RMH
m
ft
m
ft
m2
ft2
Dwelling, single-detached
prefabricated
15.0
49
30.0
98
450.0
4,844
Accessory building/structure
and Home occupation A
Same as principal use
All other uses
As required by the Development Authority
C
m
ft
m
ft
m2
ft2
All uses
7.6
25
30.0
98
228.0
2,454
I
m
ft
m
ft
m2
ft2
All uses
30.0
98
30.0
98
900.0
9,688
PI
m
ft
m
ft
m2
ft2
All uses
20.0
66
30.0
98
600.0
6,459
TA
m
ft
m
ft
m2
ft2
Permitted uses
2 ha (5 acres)
Discretionary uses
In accordance with an adopted Area Structure Plan
or approved Conceptual Design Scheme
(a)
For the purpose of this table, Dwelling, single- detached includes: Site built, Prefabricated, and Moved-in.
PART 4 - Dimensional Standards | 2
Village of Warner Land Use Bylaw No. 538-12
SECTION 3
MINIMUM SETBACKS
Minimum Setbacks Table
3.1
Table 4.2 lists the setback requirements that apply to uses within each of the land use
districts.
Table 4.2: Minimum Setbacks
Land Use
District
Use
Minimum Setbacks
Front
Secondary
Front(c)
Side
Rear
R
m
ft
m
ft
m
ft
m
ft
Dwelling, single-
detached (a)
7.6
25
4.6
15
1.5
5
7.0
23
Dwelling, duplex and
semi-detached (b)
7.6
25
4.6
15
1.5
5
7.0
23
Dwelling, multi-unit(b)
7.6
25
6.0
20
4.0
13
7.0
23
Accessory
building/structure
7.6
25
4.6
15
1.5
5
1.5
5
All other uses
As required by the Development Authority
RMH
m
ft
m
ft
m
ft
m
ft
main entrance
Dwelling, single-
detached
prefabricated
7.6
25
4.6
15
4.6
15
3.0
10
other side
2.2
7
Accessory
building/structure
7.6
25
4.6
15
1.5
5
1.5
5
All other uses
As required by the Development Authority
C
m
ft
m
ft
m
ft
m
ft
All uses
1.5
5
1.5
5
0
0
3.0
10
Where adjacent to R
and RMH
1.5
5
1.5
5
3.0
10
3.0
10
I
m
ft
m
ft
m
ft
m
ft
All uses
7.6
25
4.6
15
3.0
10
7.6
25
Where adjacent to R
and RMH
7.6
25
4.6
15
6.1
20
7.6
25
PI
m
ft
m
ft
m
ft
m
ft
All uses
7.6
25
4.6
15
3.0
10
7.6
25
TA
m
ft
m
ft
m
ft
m
ft
Dwelling, single-
detached(a)
7.6
25
4.6
15
4.6
15
7.0
23
Accessory
building/structure
7.6
25
7.6
25
1.5
5
1.5
5
All other uses
As required by the Development Authority
(a)
For the purpose of this table, Dwelling, single-detached includes: Site built, Prefabricated, and Moved-in.
(b)
The common wall may be zero lot line where each unit is on a separate lot.
(c)
Applies to corner lots. The Development Authority shall determine which frontage will be designated the secondary
front depending on the orientation of existing development.
Village of Warner Land Use Bylaw No. 538-12
PART 4 - Dimensional Standards | 3
3.2
The Development Authority may require increased building setbacks (other than those
listed in Table 4.2) if such setbacks would:
(a) help avoid land use conflict;
(b) enhance the appearance of the area.
3.3
Buildings and structures that are attached to a principal building are subject to the
principal setbacks excepting the permitted projections in Part 4, subsection 3.5.
3.4
The following features may, subject to the relevant provisions of Safety Codes, project
into the required setbacks under this bylaw:
(a) unenclosed steps or unenclosed fire escapes;
(b) a wheelchair ramp at the discretion of the Development Officer;
(c) fences or walls to the property line in accordance with the applicable land use
district and Part 6, Section 4 and Section 6;
(d) driveways, curbs and sidewalks;
(e) off-street parking;
(f)
cooling units not to exceed 0.9 m (3 ft);
(g) mailboxes;
(h) landscaping, fish ponds, ornaments, flagpoles less than 4.6 m (15 ft) in height, or
other similar landscaping features;
(i)
temporary swimming pools in accordance with the applicable land use district; and
(j) signs in accordance with Part 7.
3.5
The portions of and attachments to a principal building which may project over a
setback are as follows:
(a) eaves, fireplaces, belt courses, bay windows, cornices, sills or other similar
architectural features may project over a side setback as permitted under the
relevant provisions of Safety Codes and over a front or rear setback a distance not
to exceed 1.2 m (4 ft);
(b) an uncovered balcony, cantilever, or other similar feature may project over a side
or rear setback a distance not to exceed one-half of the width of the smallest
setback required for the site;
(c) a chimney which is not more than 1.2 m (4 ft) wide and projects not more than
0.3 m (1 ft) into a rear or side setback.
PART 4 - Dimensional Standards | 4
Village of Warner Land Use Bylaw No. 538-12
SECTION 4
BUILDING HEIGHT, FLOOR AREA, AND SITE COVERAGE
4.1
Table 4.3 lists the standards for floor area, site coverage and building height that apply
to uses within each of the land use districts.
Table 4.3: Floor Area, Site Coverage and Building Height
Land
Use
District
Specific Use
Minimum Floor Area(b)
Maximum
Site
Coverage(c)
Maximum Building
Height(e)
R
m2
ft2
%
m
ft
Dwelling, single-detached(a)
74.3
800
35
10.1
33
Dwelling, duplex and semi-
detached (each unit)
65.0
700
35
10.1
33
Dwelling, multi-unit
65.0
700
35
10.1
33
Accessory building/structure
n/a
15
4.6
15
All other uses
As required by the Development Authority
RMH
Dwelling, single-detached
prefabricated
65.0
700
35
10.1
33
Accessory building/structure
n/a
15
4.6
15
All other uses
As required by the Development Authority
C
All uses
n/a
80(d)
10.7
35
I
All uses
n/a
60(d)
n/a
PI
All uses
n/a
50(d)
10.7
35
TA
Dwelling, single-detached(a)
74.3
800
As required
by the
Development
Authority
10.1
33
Accessory building/structure
n/a
4.6
15
All other uses
As required by the Development Authority
(a)
For the purpose of this table, Dwelling, single-detached includes: Site built, Prefabricated, and Moved-in.
(b)
Minimum floor area means the sum of the gross horizontal area of the several floors and passageways of a building
not including basements, attached garages and open porches.
(c)
Maximum site coverage means the percentage of the lot area which is covered by all buildings and structures on a lot.
(d)
Combined site coverage of principal and accessory buildings and structures.
(e)
Maximum building height means the maximum vertical distance between grade and the highest point of a building
excluding a roof stairway, entrance elevator housing, ventilating fan, a skylight, a steeple, a chimney, a smoke stack, a
fire wall or parapet wall, flagpole or similar device not structurally essential to the building.
PART 5 - Development Not Requiring A Permit
Village of Warner Land Use Bylaw No. 538-12
PART 5 - Development Not Requiring A Permit | 1
PART 5 - Development Not Requiring A Permit
SECTION 1
DEVELOPMENT NOT REQUIRING A PERMIT
1.1
The following development shall not require a development permit:
(a) any use or development exempted under section 618(1) of the Municipal
Government Act;
(b) any use or development exempted by the Lieutenant Governor in Council pursuant
to section 618(4) of the Municipal Government Act;
(c) telecommunication antenna systems that are regulated by Industry Canada subject
to Part 8 (Telecommunication Antenna Siting Protocol);
(d) the completion of a building which was lawfully under construction at the date this
bylaw came into effect provided that the building is completed in accordance with
the terms and conditions of any development permit granted;
(e) the completion of a building that did not require a development permit under the
previous Land Use Bylaw and which was lawfully under construction provided the
building is completed within 12 months from the date this bylaw came into effect.
1.2
The following developments shall not require a development permit, but must
otherwise comply with all other provisions of this bylaw:
(a) the maintenance or repair of any building provided that the work does not include
structural alterations or additions;
(b) interior renovations to a building which do not:
(i)
create another dwelling unit;
(ii) increase parking requirements; or
(iii) result in the change of use of a building.
(c) the temporary placement or construction of works, plants or machinery (not
including shipping containers) needed to construct a development for which a
development permit has been issued for the period of those operations;
(d) the maintenance or repair of public works, services and utilities on publicly owned
or administered land carried out by or on behalf of federal, provincial, municipal or
public authorities;
(e) the first accessory building or structure placed on a lot which is 9.3 m2 (100 ft2) or
less in area;
(f)
in all districts the erection, maintenance or alteration of a fence, gate, wall, hedge
or other means of enclosure that does not exceed 0.9 m (3 ft) in height in any front
yard and secondary front yard and 1.8 m (6 ft) in height in any rear or side yard;
(g) in the Industrial land use district, the erection, maintenance or alteration of a
fence, gate, wall hedge, or other means of enclosure that does not exceed 2.4 m
(8 ft) in height in any rear or side yard;
PART 5 - Development Not Requiring A Permit | 2
Village of Warner Land Use Bylaw No. 538-12
(h) landscaping that was not required as part of the original development permit;
(i)
any sign listed in Part 7, Section 4;
(j)
any satellite dish less than 0.9 m (3 ft) in diameter not located in the front yard;
(k) temporary outdoor swimming pools and above ground hot tubs;
(l)
the installation of cement or other hard surface material that is not to be covered
or partially covered by a roof or other shelter to a maximum of 25% coverage of the
yard in which it is to be located;
(m) excavation, grading, stripping, or stockpile provided it is part of a development for
which a development permit has been issued or is addressed in a signed
Development Agreement with the Village of Warner; and
(n) the construction of uncovered decks or patios less than 0.6 m (2 ft) above grade.
If there is a doubt to whether a development is of a kind listed above, the matter
shall be decided by the Municipal Planning Commission.
PART 6 - General Standards of Development
Village of Warner Land Use Bylaw No. 538-12
PART 6 - Standards of Development | 1
PART 6 - General Standards of Development
Except where specified otherwise in this Part, the following standards apply to all uses in all districts.
SECTION 1
STATUTORY PLANS
1.1
Where the policies, rules or procedures indicated in a statutory plan vary, supplement,
reduce, replace or qualify the requirements of this bylaw for a particular district or
districts, the policies, rules or procedures indicated in the statutory plan shall take
precedence.
SECTION 2
DESIGN, FINISH AND ORIENTATION OF BUILDINGS, STRUCTURES AND SIGNS
2.1
The design, character and appearance of buildings, structures and signs shall be
consistent with the intent of the land use district in which the building, structure or sign
is located and compatible with other buildings in the vicinity.
2.2
The Development Authority may regulate the exterior finish of buildings, structures or
signs to improve the quality of any proposed development within any land use district
and maintain compatibility with surrounding or adjacent development and existing
buildings on the same lot.
2.3
The maximum allowable height above the average finished surface level of the
surrounding ground of the exposed portion of a concrete or block foundation may be
limited by the Development Authority.
2.4
Subject to the requirements of the Safety Codes, the Development Authority may
require that buildings be physically accessible to disabled persons.
2.5
If a building is to be located on a lot with more than one street frontage or on a lot with
potential for further subdivision, the Development Authority may regulate the
orientation and location of the building as a condition of development approval.
SECTION 3
VARIED BUILDING SETBACKS - RESIDENTIAL DISTRICTS
3.1
The Municipal Planning Commission may waive the building setback requirement in a
well-established residential area if, in their opinion, the setback blends in with the
prevailing yard pattern.
3.2
The Municipal Planning Commission may require varied building setbacks in new
residential areas if, in their opinion, the variation in setbacks will enhance the
development of that area.
3.3
The Municipal Planning Commission may require increased building setbacks if, in their
opinion, such setbacks would be necessary.
PART 6 - Standards of Development | 2
Village of Warner Land Use Bylaw No. 538-12
SECTION 4
CORNER VISIBILITY
Street Corner Visibility
4.1
On a corner lot, nothing shall be erected, placed, planted or allowed to grow in a
manner which may restrict traffic visibility at street intersections, between 0.9 m (3 ft)
and 3.0 m (10 ft) above the centre line grades of the intersecting streets in the area
bounded by the property lines of such corner lots and a line joining points along the said
property line 7.62 m (25 ft) from the point of intersection (see Figures 6.1 and 6.2 where
Dimension A = 7.62 m; 25 ft).
Figure 6.1
Figure 6.2
Rear Lane Visibility
4.2
The Development Authority may impose conditions on a development to ensure that
adequate visibility and safety of both pedestrians and vehicles is maintained for vehicles
entering and exiting rear lanes.
4.3
The Development Authority may request that a minimum 1.5 m (5 ft) clear vision
triangle be provided for lots backing onto the intersection of a rear lane and public
roadway (see Figure 6.2 where Dimension B = 1.5 m; 5 ft).
SECTION 5
ACCESS AND DRIVEWAYS
5.1
Location of the access to each development from a public roadway shall be shown on
the site plan submitted with the application for a development permit and is subject to
the approval of the Development Authority.
5.2
Vehicular access for corner lots shall generally be limited to locations along a minor
street or cul-de-sac.
5.3
Driveways shall not be occupied in such a manner that will interfere with convenient
and safe pedestrian movement or traffic flow.
Village of Warner Land Use Bylaw No. 538-12
PART 6 - Standards of Development | 3
5.4
Driveways should be encouraged to group into pairs where possible.
5.5
Only one driveway per lot should be permitted for single detached dwellings (all types).
5.6
Driveways shall be a minimum of 3.0 m (10 ft) and a maximum of 7.62 m (25 ft) in width.
5.7
In residential districts where a subject property does not provide a side yard sufficient
for a driveway, then one off-street parking pad may be permitted in the front yard to a
maximum of 7.62 m (25 ft) in width.
5.8
Driveways shall be a minimum of 3.0 m (10 ft) from the entrance to a lane (see Figure
6.3 Dimension B), and 4.6 m (15 ft) from the intersection of two public roadways (see
Figure 6.3 Dimension A).
Figure 6.3
5.9
Driveways, parking pads or hard surfaced areas (e.g. paving stones, sidewalks) that
cover more than 25 percent of the yard in which it is proposed require a development
permit.
SECTION 6
FENCES, GATES, WALLS, HEDGES, AND OTHER MEANS OF ENCLOSURE
6.1
No fence, gate, wall, hedge, or other means of enclosure shall extend more than 0.9 m
(3 ft) above the ground in any front yard or secondary front yard (as illustrated in Figure
6.4, area labeled as B) without a development permit approved by the Municipal
Planning Commission.
6.2
Fences, gates, walls, hedges, and other means of enclosure in the rear and side yards in
all districts except Industrial shall be 1.8 m (6 ft) in height or less as illustrated in Figure
6.4 in the area labeled as A. Fences, gates, walls, hedges, and other means of enclosure
in the rear and side yards in the Industrial district shall be 2.4 m (8 ft) in height or less as
illustrated in Figure 6.4 in the area labeled as A.
PART 6 - Standards of Development | 4
Village of Warner Land Use Bylaw No. 538-12
Figure 6.4
6.3
In any residential land use district (R and RMH), fences, gates, walls and other means of
enclosure constructed of barbed wire, razor wire, lego concrete blocks, or other
materials incompatible with a residential aesthetic are prohibited. In all other land use
districts, fences, gates, walls, and other means of enclosure constructed of barbed wire,
razor wire, or lego concrete blocks require development permit approval.
6.4
Where a development permit approval for a fence, gate, wall, hedge, or other means of
enclosure is required, the Development Authority may regulate the types of vegetation,
materials and colours used.
6.5
Fencing, gates, walls, hedges, or other means of enclosure shall not be permitted to be
constructed within any developed or undeveloped roadway or laneway right-of-way.
Removal of such will be at the property owner's expense, not the municipality.
SECTION 7
DEVELOPMENT OF LAND SUBJECT TO SUBSIDENCE, UNDERMINING OR FLOODING
7.1
If in the opinion of the Development Authority, land upon which development is
proposed is subject to subsidence, mass wasting, flooding or undermining, the
Development Authority may require the applicant to submit any one or all of the
following: structural building plan, slope stability analysis, geotechnical report, and
flood mapping prepared by and stamped by an engineer demonstrating that any
potential hazards can be mitigated.
SECTION 8
GRADING AND STORMWATER MANAGEMENT
8.1
The Development Authority may require as a condition of development approval:
(a) engineered grading and drainage plans for the development and a legal survey
demonstrating that engineered grades have been met;
Village of Warner Land Use Bylaw No. 538-12
PART 6 - Standards of Development | 5
(b) grading and other measures, as appropriate, to control surface drainage, prevent
drainage problems with neighbouring lots, reduce or eliminate grade difference
between adjacent lots, and minimize erosion or slope instability.
8.2
Roof and surface drainage shall be directed either to the public roadway fronting the
property, or as approved by the Development Authority, to a rear or side property
boundary or as approved in an engineered stormwater management plan.
8.3
The construction of a retaining wall, including submittal of an engineered design may be
required whenever, in the opinion of the Development Authority, significant differences
in grade exist or will exist between the lot being developed and any adjacent lot or
roadway. Where a retaining wall is required, the applicant shall submit to the
Development Officer plans identifying the design and specifications of development for
review and approval by the accredited safety codes officer.
SECTION 9
SITE LIGHTING
9.1
Site lighting may be required as a condition of development.
9.2
Site lighting shall be located, oriented and shielded so it does not adversely affect
adjacent properties.
SECTION 10
REFUSE COLLECTION AND STORAGE
10.1
Refuse and garbage shall be kept in a suitably-sized enclosure for each use within each
land use district.
10.2
Refuse and garbage areas shall be effectively screened until such time as collection and
disposal is possible.
10.3
All refuse on any construction site shall be properly screened or placed in an approved
enclosure until removed for disposal.
SECTION 11
SERVICING
11.1
All development shall be required to connect to both the municipal water supply and
sewerage system, except where in the opinion of the Development Authority the
development does not require water and sewer.
11.2
Outhouses are prohibited within the municipality. Those facilities which are plumbed
and connected to the municipal sewerage system may be allowed if approved by the
Municipal Planning Commission and constructed to comply with provincial regulations
and standards. Portable toilets may be allowed within the municipality, on a temporary
basis, to coincide with a public assembly, special event, construction project, or
emergency management.
PART 6 - Standards of Development | 6
Village of Warner Land Use Bylaw No. 538-12
SECTION 12
LANDSCAPING AND SCREENING
12.1
A landscaping plan shall be submitted with the development permit application for any
principal use in all non-residential land use districts and may be required in residential
land use districts. The Development Authority may require that a landscaping plan be
prepared by a professional. An irrigation plan may also be required.
12.2
The front yard shall be comprehensively landscaped except for those areas occupied by
sidewalks or driveways, to the satisfaction of the Development Authority.
12.3
In the case of corner lots, the secondary front yard shall also be landscaped to the
satisfaction of the Development Authority.
12.4
The Development Authority may require a landscaped or fenced buffer between an
industrial or commercial use and residential use depending on the intensity of the
proposed use.
12.5
Off-street parking lots may be required to be landscaped and screened to the
satisfaction of the Development Authority.
12.6
Where off-street parking is adjacent to a residential use, the Development Authority
may require a landscaped buffer between the property line and the adjacent use.
12.7
Where an industrial or commercial lot is adjacent to a residential use, all mechanical
equipment shall be concealed by fencing and/or landscaping to the satisfaction of the
Development Authority.
12.8
Landscaping shall consist of any combination of the following to the satisfaction of the
Development Authority:
(a) vegetation (e.g. trees, shrubs, lawn, flowers);
(b) ground cover (e.g. large feature rocks, bark chip, field stone, crushed rock, or other
similar features);
(c) buffering (e.g. berming, terracing, paving stones);
(d) outdoor amenity feature (e.g. benches, walkways, raised planters);
(e) innovative landscaping features, as approved by the Development Authority.
SECTION 13
MITIGATION OF IMPACTS
13.1
Where, in the opinion of the Development Authority, a development has the potential
to create negative impacts on adjacent uses or nearby residential development in the
form of noise, odor, vibration, lighting or air quality, the applicant may be required to
submit a mitigation plan demonstrating how impacts will be mitigated prior to a
decision being made on the application.
13.2
A mitigation plan may be required as a condition of approval as well as any other
measures deemed necessary by the Development Authority to mitigate impacts
pursuant to Part 6, subsection 13.1.
Village of Warner Land Use Bylaw No. 538-12
PART 6 - Standards of Development | 7
13.3
The Development Authority may place conditions on a permitted or discretionary non-
residential use, where in their opinion the development has the potential to create
negative impacts on an adjacent residential development or land that is designated
Residential - R, regulating the following:
(a) hours of operation;
(b) location, screening and shielding of exterior lighting, sound systems, waste
receptacles, air-conditioning and heating units, and other exterior mechanical
equipment;
(c) orientation, screening and shielding of buildings (principal and accessory);
(d) location of parking areas and driveways;
(e) location, height, lighting, and architectural style of signage;
(f)
any other matters deemed necessary by the Development Authority to mitigate
impacts to and promote compatibility with adjacent residential uses.
SECTION 14
OFF-STREET PARKING AND LOADING REQUIREMENTS
14.1
All development shall provide designated off-street parking area(s) and loading area(s),
as applicable, to accommodate the required parking and loading spaces in accordance
with this Section.
14.2
Parking and loading areas shall be constructed in a manner which will permit adequate
access, drainage, snow removal, and maintenance.
14.3
The Development Authority may require that parking and loading areas or portions
thereof be paved.
14.4
Off-street parking may be located in a front yard or secondary front yard within a
designated off-street parking area (e.g., driveway, parking pad or approved parking lot).
14.5
A shared parking provision based upon the proposed sharing of parking spaces between
two or more uses must include a written agreement between the owners on record.
Where such shared parking is approved, a caveat may be required to be registered
against the lot to guarantee the continuous use of the site for parking.
14.6
Where a use is not listed, minimum required off-street parking shall be provided as
required by the Development Authority. As an alternative, the Development Authority
may require a parking study to be prepared by a qualified professional at the applicant's
expense to determine the parking requirements for a use not listed in Tables 6.1 and
6.2.
14.7
All required parking spaces shall be provided on the same lot as the building or use,
except where the Development Authority may permit off-site parking spaces to be
provided on a lot within 152.4m (500 ft) of the building or use if, in the Development
Authority's opinion, it is impractical to provide parking on the same lot as the building or
use. Where such off-site parking is approved, a caveat may be required to be registered
against the lot to guarantee the continuous use of the site for parking.
PART 6 - Standards of Development | 8
Village of Warner Land Use Bylaw No. 538-12
Off-Street Parking Spaces
14.8
The following Tables 6.1 and 6.2 shall be used to calculate the off-street parking spaces
required for a proposed development (calculation of off-street parking requirements
resulting in a fractional number of 0.5 or greater shall be rounded up and rounded down
when resulting in a fractional number of 0.49 or less):
Table 6.1: Residential Minimum Required Off-Street Parking
RESIDENTIAL USE
MINIMUM PARKING SPACES
Bed and breakfast
1 space per guest room
Boarding or lodging home
1 space per sleeping unit
Child care facility
1 pick-up/drop-off space per 10 children plus 1 space per employee
Dwellings:
- All single-detached dwellings (a)
2 spaces per dwelling unit
- Duplex, Semi-detached
2 spaces per dwelling unit
- Multi-unit
2 spaces per dwelling unit; plus 1 visitor parking space for every 2
dwelling units where multi-unit development contains > 4 units.
Home occupation B (does not apply to
Bed and Breakfast and Child Care
which have separate standards)
1 space
Secondary suite
2 spaces
All Other uses
As required by the Development Authority in accordance with Part 6,
subsection 14.6
(a) For the purpose of this table, Single-detached dwelling includes: Site built, Prefabricated and Moved-in.
Table 6.2: Non-Residential Minimum Required Off-Street Parking
NON-RESIDENTIAL USE
MINIMUM PARKING SPACES
Automotive
1 space per 46.5 m2 (500 ft2) of GFA
Bulk fuel/fertilizer storage and sales
1 space per 46.5 m2 (500 ft2) of GFA
Car/Truck wash
1 space per employee
Clubs or fraternal organization
1 space per 5.1 m2 (55 ft2) of patron use area plus 1 space per employee
Community building
1 space per 6 seating spaces plus 1 space per employee
Convenience store
1 space per 27.9 m2 (300 ft2) of GFA
Cultural facility
1 space per 6 seating spaces plus 1 space per employee
Drive in/Drive through use
1 space per 5.1 m2 (55 ft2) of seating area plus 1 space per employee
Educational facility or School
1 per employee
Financial Institution
1 space /37.2 m2 (400 ft2) of GFA
Grain elevator
1 per employee
Group care facility
1 space per employee
Hotel/motel
1 per employee and 1 per guest room
Licensed premises
1 per employee and 1 space per 2 seating spaces
Medical/health facility
1 per employee and 1 space per 46.5 m2 (500 ft2) of GFA
Village of Warner Land Use Bylaw No. 538-12
PART 6 - Standards of Development | 9
NON-RESIDENTIAL USE
MINIMUM PARKING SPACES
Office, Business support service
1 space per 46.5 m2 (500 ft2) of GFA
Personal service
1 space /37.2 m2 (400 ft2) of GFA
Restaurant
1 per employee and 1 space per 4 seating spaces
Retail
1 space per 46.5 m2 (500 ft2) of GFA
Service station, Gas bar
1 per employee and 2 spaces/service bay
All other uses
As required by the Development Authority in accordance with Part 6,
subsection 14.6.
Barrier-Free Off-Street Parking Spaces
14.9
Barrier-free parking spaces shall be in accordance with Safety Codes requirements.
14.10 Barrier-free parking stalls shall be clearly identifiable in accordance with Safety Codes.
Loading Space Requirements
14.11 One loading space shall be provided for each loading door per building in the C, I and PI
land use districts.
14.12 The dimensions for a loading space shall be a minimum of 27.9 m2 (300 ft2) with an
overhead clearance of 3.9 m (13 ft).
14.13 Each loading area shall provide a doorway into the building sufficient to meet the needs
of the use within the building.
14.14 Each loading area shall be designed in such a manner that it will not interfere with
convenient and safe pedestrian movement, traffic flow or parking.
14.15 The Development Authority may require additional loading areas or doors if, in the
Development Authority's opinion, such additional areas or doors are deemed necessary.
14.16 The Development Authority may consider a joint loading area for two or more uses if, in
the Development Authority's opinion, such a loading area would facilitate orderly
development or relieve congestion in the immediate area.
SECTION 15
OFF-STREET PARKING DESIGN STANDARDS
15.1
For all residential uses, off-street parking areas shall be accessible and designed and
delineated in a manner which will provide for orderly parking acceptable to the
Development Authority. Refer also to Part 6, Section 5.
15.1
For all non-residential land uses, off-street parking areas shall be accessible and
designed and delineated in a manner which will provide for orderly parking in
accordance with the minimum parking space dimensions in Table 6.3 and Figure 6.5.
PART 6 - Standards of Development | 10
Village of Warner Land Use Bylaw No. 538-12
Table 6.3: Minimum Parking Space Dimensions
A: Parking
Angle
B: Stall Width
C: Stall Depth
D: Aisle Width
Degrees
m
ft
m
ft
m
ft
0
2.4
8.0
6.7
22
3.7
12
30
2.7
9.0
5.5
18
3.5
11
45
2.6
8.5
6.1
20
3.9
13
60
2.6
8.5
6.4
21
5.5
18
90
2.9
9.5
5.6
18.5
7.3
24
Figure 6.5
Minimum Parking Space Dimensions
15.2
Where a use or development may need to accommodate over-sized vehicles such as
tractor-trailers, large recreational vehicles, buses or other similar vehicles, the
Development Authority may require larger parking space and aisle dimensions.
15.3
Off-street parking spaces adjacent to a road right-of-way shall be provided with bumper
blocks, curbing or other similar protective feature to ensure public safety and prevent
vehicle overhang.
B
D
A
A: Parking Angle
B: Width Of Stall
C: Depth Of Stall
D: Width Of Aisle
C
PART 7 - Sign Regulations
Village of Warner Land Use Bylaw No. 538-12
PART 7 - Sign Regulations | 1
PART 7 - Sign Regulations
Except as provided in Part 7, Section 4 (Signs Not Requiring a Permit), no sign shall be erected on land or
affixed to any exterior surface of a building or structure unless a development permit for this purpose
has been issued by the Development Authority.
SECTION 1
ADMINISTRATIVE
1.1
No one shall erect, place, alter or relocate a sign without having first obtained a
development permit from the Development Authority in accordance with provision of
this bylaw.
1.2
The Development Authority may require any additional information deemed necessary
to evaluate a Development Permit application for a sign, but generally, an application
for a permit to erect, place, alter or relocate a sign shall be accompanied by
photographs and/or drawings, to an appropriate scale, showing where applicable:
(a) the location of all existing and proposed sign(s);
(b) the size, height, and area of the proposed sign(s), including any supporting
structures;
(c) details with respect to the sign content (i.e. wording/lettering, text, message,
graphics, etc.);
(d) the colour and design scheme;
(e) material specifications;
(f)
the location of the property boundaries of the parcel upon which the proposed
sign(s) is to be located and setbacks from property lines;
(g) all utility rights-of-way, access easements and any other related encumbrances;
(h) the location of existing building(s) on the site;
(i) the type of illumination, animation and/or changeable content, if any, and details
with respect to the proposed luminosity intensity and interval;
(j)
the details regarding the extent of the projection if a sign is to be attached to a
building.
SECTION 2
PROHIBITED SIGNS
The following signs are prohibited:
2.1
Signs which employ revolving, flashing or intermittent lights, or lights resembling
emergency services, traffic signals, railway crossing signals, hazard warning devices or
other similar lighting but does not include changeable content, sign projection styles or
animation.
2.2
Signs advertising off-premises goods, services, messages or content, except for
approved directional signs.
PART 7 - Sign Regulations | 2
Village of Warner Land Use Bylaw No. 538-12
2.3
Signs which emit amplified sounds or music.
2.4
Signs that employ electronic or automated changeable content, animation or pictorial
scenes at a luminosity, intensity or interval which may create a public hazard or
nuisance.
2.5
In the residential districts, no signs shall be internally illuminated or employ animation
or electronic or automated changeable content.
2.6
Any signs located within the public right-of-way or on public property, except for signs
approved by the Village of Warner, Province of Alberta or Federal Government.
2.7
Signs that are attached to or appearing on any vehicle or trailer which is parked on a
public right-of-way or any other public lands or on private land that is located adjacent
to a public right-of-way with the intent/purpose of displaying the sign to motorists and
the public for any period of time excepting signs for special events organized by a non-
profit association, group or organization for a display time period not to exceed 24
hours.
2.8
Any sign type prohibited in Part 7, Sections 5-7, or any sign which has not obtained a
development permit or has not been deemed exempt from the requirement of
obtaining a development permit in Part 7, Section 4 (Signs Not Requiring a Permit).
SECTION 3
GENERAL STANDARDS AND REGULATIONS FOR ALL SIGNS
3.1
A maximum of two signs may be permitted per lot subject to the provisions of this
Bylaw. Approved temporary signs and signage exempted from obtaining a development
permit in Part 7, Section 4 are not included in the two signs per lot maximum.
3.2
All signs shall be compatible with the general character of the surrounding streetscape
and the architecture of nearby buildings.
3.3
All signs shall be of quality construction and of a design suitable for public display and
shall be maintained in good repair and a safe and tidy manner.
3.4
No sign shall be placed in a public road or laneway or sited in such a manner that:
(a) the sign causes confusion with or obstructs the vision of any information sign or a
traffic control sign, signal, light or other traffic device;
(b) the sign will create a potential hazard or conflict with rights-of-way, easements or
the routing of any public utility or obstruct the public's view of any other signage;
(c) the sign creates a traffic or a pedestrian hazard either due to its design or location.
3.5
The size, location, illumination and materials of all signs and sign structures and sign
features shall not detract from the design of existing and proposed buildings and
structures and the surrounding properties.
Village of Warner Land Use Bylaw No. 538-12
PART 7 - Sign Regulations | 3
3.6
A sign shall be located entirely within the subject lot unless prior written approval
granting permission for the sign to overhang another property is submitted to the
Village by the affected property owner.
3.7
The source of light for all sign illumination shall be steady and suitably shielded.
3.8
Subject to approval from the Development Authority, signs may be permitted to locate
within the setback requirement of a land use district if it does not interfere with visibility
at an intersection and complies with other requirements of this sign schedule.
3.9
A sign shall not be attached to a municipally owned structure (including benches and
light standards), building or property without prior written authorization from the
Village.
3.10
Any sign located on, erected on, or attached to municipal or public property without
authorization from the Village, may be removed without notice.
3.11
Any abandoned sign shall be removed at the property owner's expense. If abandoned
signs are not removed, the Village may remove the sign.
SECTION 4
SIGNS NOT REQUIRING A PERMIT
The following signs do not require a sign permit but shall comply with this bylaw and be suitably
maintained to the satisfaction of the Development Authority.
4.1
Construction signs which do not exceed 2.9 m2 (32 ft2) in area provided such signs are
removed within 14 days of the completion of construction.
4.2
Banner signs in non-residential districts which are displayed for a period of time not
exceeding 30 days in a calendar year.
4.3
Signs, notices, placards, or bulletins required to be displayed:
(a) in accordance with the provisions of federal, provincial, or municipal legislation;
(b) by or on behalf of the federal, provincial, or municipal government;
(c) on behalf of a department, a commission, a board, a committee, or an official of
the federal, provincial, or municipal government.
4.4
Any traffic or directional and informational signage erected by the Village, Province of
Alberta or Federal government and any municipal signs for municipal purposes (e.g.
community service bulletin board signs, etc.).
4.5
Residency identification signs which state no more than the name and/or address of the
person(s) occupying the lot, provided the sign is no greater than 0.19 m2 (2 ft2) in area.
4.6
Vehicle signs except as prohibited in Part 7, Section 2 (Prohibited Signs).
4.7
Entrance or exit signs used for the purpose of directing traffic providing:
(a) those signs do not display any advertising message, other than a business logo,
PART 7 - Sign Regulations | 4
Village of Warner Land Use Bylaw No. 538-12
(b) the sign area does not exceed 0.19 m2
(2 ft2) in area, and
(c) the sign height does not exceed 1.2 m (4 ft).
4.8
A-board signs (see Figure 7.1) to a maximum of one per business
where the owner of the sign submits written authorization from
the owner of the land where the sign is to be located and where
the sign is removed from that location on a daily basis.
4.9
The alteration of a sign which only includes routine
maintenance, painting or change in face, content or lettering
and does not include modification to the sign structure or
projection style.
4.10
All signs for public buildings except for freestanding signs, and any signs that contain
movement/motion or employ animation or changeable content.
4.11
Real estate signs provided all such signage is removed within 30 days after the sale or
lease of the premises upon which the sign is located.
4.12
On-premises directional and informational signage and incidental signs 0.19 m2
(2 ft2) or
less in area.
4.13
Any window sign in a non-residential district painted on, attached to or installed on a
window provided that no more than 50 percent of the building's windows are covered.
4.14
Political poster signs provided all such signage is removed within 5 days after the closing
of the polling stations for the relevant election or plebiscite and is placed in a manner
that does not cause a traffic or pedestrian hazard or restrict the sight lines for
pedestrians or motorists.
4.14
Community service bulletin board erected by the Village and any notices posted on the
bulletin board.
SECTION 5
FREESTANDING SIGNS
Figure 7.2
5.1
Billboards are not permitted in the Village of Warner.
Figure 7.1
Village of Warner Land Use Bylaw No. 538-12
PART 7 - Sign Regulations | 5
5.2
In residential districts freestanding signs shall be limited to pylon, pole and monument
signs and shall not be permitted except for the following purposes:
(a) community / neighbourhood / subdivision identification purposes;
(b) approved multi-unit residential development projects;
(c) institutional projects and/or uses; and
(d) shall not exceed 1.21 m (4 ft) in height (see Figure 7.2 Dimension A).
5.3
In non-residential districts, freestanding signs shall be subject to the following:
(a) the maximum height of multi-tenant, pylon and pole signs shall be 6.1 m (20 ft);
(b) the maximum height of a monument sign shall be 1.21 m (4 ft);
(c) the total sign area for each face for any freestanding sign shall not exceed 7.0 m2
(75 ft2). Sign area is depicted in figure 7.2 as dimension B multiplied by dimension
C.
SECTION 6
FASCIA SIGNS
6.1
Fascia signs are prohibited in all residential land use districts, except in accordance with
Part 7, Section 6.4.
6.2
The total maximum sign area permitted for fascia signs is 20 percent of the area formed
by each building face or bay to a maximum of 7.0 m2 (75 ft2).
6.3
A fascia sign shall not project more than 0.3 m (1 ft) from the face of a building.
6.4
In residential districts, no more than one window sign to a maximum of 0.4 m2 (4 ft2) in
area may be permitted.
6.5
In all non-residential districts, no more than 50 percent of the total area of all windows
in a building may be covered by a window sign.
Figure 7.3
PART 7 - Sign Regulations | 6
Village of Warner Land Use Bylaw No. 538-12
Mural Signs
6.5
No more than one mural sign shall be allowed per building.
6.6
The location, theme, construction materials and size associated with the mural shall be
to the satisfaction of the Development Authority.
6.7
The mural must be a painting or other decorative work (artistic rendering/scene) and no
mural shall be created to solely display a commercial message or depiction.
6.8
Display of text, including a business name or commercial message, within a mural shall
not exceed 10 percent coverage of the wall surface area, up to a maximum coverage
size of 9.3 m2 (100 ft2).
SECTION 7
PROJECTING SIGNS
Figure 7.4
7.1
Projecting signs are prohibited in all residential land use districts.
7.2
Approval of any canopy signage overhanging public land is conditional upon the owners
or occupiers of the premises entering into an encroachment and hold harmless
agreement with the Village of Warner. The agreement may be registered on title.
7.3
No part of a sign shall project more than 1.2 m (4 ft) over a public sidewalk or within
0.9 m (3 ft) of a curb adjoining a public roadway.
7.4
Projecting signs shall be placed:
(a) at right angles to the building face to which they will be attached, or
(b) in the case of corner sites, placed at equal angles to the building faces that form
the corner.
7.5
Projecting signs shall have a minimum vertical clearance of 2.4 m (8 ft) measured
between the lower sign edge and grade.
Village of Warner Land Use Bylaw No. 538-12
PART 7 - Sign Regulations | 7
SECTION 8
OTHER SIGNS
8.1
When a sign cannot be clearly categorized as one of the sign types as defined in this
bylaw, the Development Authority shall determine the sign type and any and all
applicable controls.
SECTION 9
TEMPORARY SIGNS
9.1
A Development Permit for a temporary sign will be valid for a period of no longer than
60 days.
9.2
Once the permit has expired for a temporary sign, re-application for another temporary
sign on the same site shall not occur until 30 days has elapsed from the expiration of the
previously approved permit or 30 days from the date at which the temporary sign is
removed, whichever is the later of the two dates.
9.3
No temporary signs shall be suspended on or between support columns of any
permanent sign such as a freestanding sign.
9.4
No posters or signs shall be placed on any public utility such as a power pole or on
municipal, provincial or federal signage.
9.5
The Development Authority may only approve the location of the temporary sign on the
premises after having given due consideration for the location of power supply, sight
line visibility, parking pattern on the site and any other site specific development
constraints that the Development Authority considers relevant.
9.6
The copy area of a temporary sign shall not exceed 3.7 m2 (40 ft2).
SECTION 10
DEFINITIONS
10.1
For the purpose of the Land Use Bylaw and this Part, the following definitions apply:
A-BOARD means a temporary portable sign which is set on the ground, built of 2 similar
pieces of material and attached at the top by a hinge(s) so as to be self supporting when
the bottom edges are separated from each other and designed and built to be easily
carried by 1 person.
ABANDONED SIGN means a sign which advertises or identifies an activity, business,
owner, product, lessee or service which no longer exists or a sign for which no legal
owner can be found.
ANIMATION means a projection style where action or motion is used to project sign
content, including lighting changes, special effects or pictures, but does not include
changeable content.
AWNING means an adjustable or temporary roof-like covering fitted over windows and
doors and used for shelter, advertising or decoration.
PART 7 - Sign Regulations | 8
Village of Warner Land Use Bylaw No. 538-12
BALLOON SIGN means any inflatable device used or employed as a sign that is anchored
to the ground or to a building or structure.
BANNER SIGN means a temporary sign that is made of lightweight material intended to
be secured to the flat surface of a building or structure, at the top and the bottom on all
corners, excluding official flags and emblems.
BILLBOARD SIGN means a freestanding sign constructed to provide a medium for
advertising a subject matter that is not related to a use at or on the parcel on which the
billboard is located and where the copy is changeable or can be periodically replaced.
Billboard sign does not include a community service bulletin board.
CANOPY means a permanent fixture fitted over windows and doors and used for
shelter, advertising or decoration.
CANOPY SIGN means a sign that is mounted, painted or otherwise attached to an
awning, canopy or marquee.
CHANGEABLE CONTENT means sign content which changes automatically through
electronic and/or mechanical means and may include typical features such as an
electronic message centre or time and temperature unit.
CONSTRUCTION SIGN means a temporary sign which is placed on a site to advertise
items such as the provision of labour, services, materials or financing on a construction
project.
DIRECTIONAL AND INFORMATION SIGN means a sign the message of which is limited to
providing direction guidance, distance, facility or similar information and which may
contain a name or logo.
FASCIA SIGN means a sign attached across the face of the building, located
approximately parallel thereto, in such a manner that the wall becomes the supporting
structure for, or forms the background surface of the sign, which does not project more
than 0.3 m (1 ft) from the building.
FREESTANDING SIGN means a sign supported independently of a building, wall, or other
structure by way of columns, uprights, braces, masts or poles mounted in or upon
grade.
HOME OCCUPATION SIGN means a sign advertising a home occupation approved under
the Land Use Bylaw.
LUMINOSITY means the measurement of brightness.
MARQUEE means a permanent structure that projects over a public place, usually an
entrance, and is permanently attached to and supported by a building.
MULTI-TENANT SIGN means any type of sign that may contain sign content that
advertises more than one tenant and/or business.
Village of Warner Land Use Bylaw No. 538-12
PART 7 - Sign Regulations | 9
MURAL SIGN means any picture, scene, graphic or diagram displayed on the exterior
wall of a building for the primary purpose of decoration or artistic expression and not
created to solely display a commercial message or depiction.
OFF-PREMISES SIGN means any type of sign that may contain sign content that
advertises or otherwise identifies a service, product or activity conducted, sold or
offered at a location other than the premises on which the sign is located.
OFF-PREMISES SIGN CONTENT means sign content which advertises or otherwise
identifies a service, product or activity conducted, sold or offered at a location other
than the premises on which the sign is located.
ON-PREMISES SIGN CONTENT means sign content which advertises a service, product
or activity conducted, sold or offered on the property that the sign is located.
OVERHANGING means that which projects over any part of any street, lane or other
municipally owned property.
PARAPET means the extension of a false front wall above a roof line.
POLITICAL POSTER SIGN means a temporary sign announcing or supporting candidates
or issues in any election or plebiscite.
PORTABLE SIGN means a sign that is not permanently affixed to a building, structure, or
the ground.
PROJECTING SIGN means a sign other than a canopy sign or fascia sign which is attached
to and projects, more than 0.3 m (1 ft) horizontally from a structure or building face.
REAL ESTATE SIGN means a sign advertising real estate (i.e. property) that is for sale, for
lease, or for rent or for real estate that has been sold.
RESIDENCY IDENTIFICATION SIGN means a sign located on a lot in a residential district
that provides for the name and/or address of the owner or occupant of a dwelling.
ROTATING SIGN means a sign or portion of a sign which moves in a revolving manner.
See below Section 8 for applicable sign type: e.g. freestanding sign, temporary sign, etc.
ROOF SIGN means any sign erected upon, against, or directly above a roof or on top of
or above the parapet of a building.
SHINGLE SIGN means a small sign which is suspended from a mounting attached directly
to the building wall. Shingle signs are generally placed perpendicular to the face of a
building and are typically found in pedestrian oriented environments such as a
downtown and/or historic district. See Projecting Signs.
SIGN means any word, letter, model, picture, symbol, object, structure, fixture, placard,
device and components, or portion thereof, which is used to advertise, identify,
PART 7 - Sign Regulations | 10
Village of Warner Land Use Bylaw No. 538-12
communicate, display, direct or attract attention to an object, matter, thing, person,
institution, organization, business, product, service, event or location by any means.
SIGN ALTERATION means the structural and/or projection style modification of a sign
but does not include the routine maintenance, painting or change in face, content, copy
or lettering.
SIGN AREA means the entire area within a single continuous perimeter enclosing the
extreme limits of a sign and in no case passing through or between any adjacent
elements of same. However, such perimeter shall not include any structural elements
lying outside the limits of such sign and not forming an integral part of the display.
SIGN CONTENT means the wording/lettering, message, graphics or content displayed on
a sign.
SIGN CONTENT AREA means the entire area within a single straight line geometric figure
or a combination of squares or rectangles that will enclose the extreme limits of the
advertising message or announcement including decorations related to the specific
nature of the advertising message or announcement.
SIGN HEIGHT means the vertical distance measured from the highest point of the sign or
sign structure to the finished grade.
SIGN ILLUMINATION means the lighting or exposure of a sign to artificial lighting either
by lights on or in the sign or directed toward the sign.
SIGN PROJECTION STYLE means the method by which the sign content is conveyed to
the viewer (e.g. lettering/logo, animation, changeable content, movement/motion).
SIGN TYPE means the type of structure of a sign (e.g. freestanding, fascia, temporary)
used to convey sign content.
TEMPORARY SIGN means any sign permitted, designed or intended to be displayed for a
short period of time (not to exceed 60 days), including portable signs, balloon signs,
developer marketing signs, land use classification signs, construction signs, banner signs,
or any other sign that is not permanently attached to a building, structure or the
ground.
WINDOW SIGN means a sign painted on, attached to or installed on a window intended
to be viewed from outside the premises.
PART 8 - Telecommunication Antenna Siting Protocol
Village of Warner Land Use Bylaw No. 538-12
PART 8 - Telecommunication Protocol | 1
PART 8 - Telecommunication Antenna Siting Protocol
The intent of this schedule is to guide the telecommunications industry and amateur radio operators
through the process of tower siting within the municipality. This guide was developed in accordance
with Industry Canada siting protocols.
SECTION 1
MUNICIPAL APPROVAL
1.1
Proposals for freestanding telecommunication antennas shall not be required to obtain
a development permit but shall be required to make a submission to the Municipal
Planning Commission including:
(a) the information as listed in Part 8, Section 2; and
(b) complete the notification and public consultation process found in Part 8, Section
3.
1.2
Concurrence with the proponent's project will be measured against the requirements of
each district's requirements and criteria listed below. Municipal concurrence/non-
concurrence will be issued in the form of a written letter to the proponent.
1.3
The following are excluded from submitting information for review:
(a) an antenna mounted on a building that projects less than 1.8 m (6 ft) in height
above the top of the building;
(b) commercial or industrial designated lands which are a minimum of 150.0 m (492 ft)
from residential designated lands or lands designated for public purpose.
SECTION 2
INFORMATION REQUIREMENTS
Co-utilization (Co-location)
2.1
All proponents for freestanding antenna structures will be requested to identify any
other such structures within a radius of 500.0 m (1640 ft) of the proposed location and
to provide documentary evidence that co-utilization of the existing or new structure is
not a viable alternative to a second structure.
Appearance
2.2
All proponents for antenna structures which are visible from residential areas may be
requested to employ innovative design measures to mitigate the visual impact of these
structures. The proponent shall provide stealth structure options when requested by
the municipality. Stealth structure options will be based on an evaluation of the
massing, form, colour, material, and other decorative elements, that will blend the
appearance of the facility into and with the surrounding lands.
PART 8 - Telecommunication Protocol | 2
Village of Warner Land Use Bylaw No. 538-12
Lighting and Signage
2.3
Lighting in addition to that which is required by applicable federal agencies shall be
avoided. Security lighting may be considered provided it meets the requirements of the
applicable land use district.
2.4
Only signage that is required by applicable federal agencies is permitted. No advertising
signage shall be permitted.
SECTION 3
NOTIFICATION AND PUBLIC CONSULTATION PROCESS
3.1
At the expense of the applicant, the municipality will notify all land owners within a
distance of 500.0 m (1640 ft) of the proposed structure.
3.2
With each notification, the proponent will be responsible to submit a letter providing
notification of the location of the tower, physical details of the tower, the time and
location of the public meeting, and a contact name and phone number of someone
employed by the proponent who can answer questions regarding the proposal. The
notifications should be sent 25 days prior to the public meeting.
3.3
The proponent shall be prepared to hold an open house regarding their development
proposal and should proactively explain all aspects of the siting, technology and
appearance of the proposed structure.
3.4
From the public meeting, the proponent will be responsible to provide the Municipal
Planning Commission with a copy of the agenda and the minutes indicating the topics
discussed, additional concerns raised with resolutions, and any outstanding issues that
the proponent and/or landowners could not resolve.
3.5
Where the public process has raised unresolved concerns about public health and
related effects of wireless communication technology, the Village of Warner will request
a ruling by Industry Canada prior to the issuance of a letter of concurrence.
PART 9 - Definitions
Village of Warner Land Use Bylaw No. 538-12
PART 9 - Definitions | 1
PART 9 - Definitions
A
ACCESSORY BUILDING means any building that is physically separate from the principal building on the
lot on which both are located and which is determined by the Development Authority to be subordinate
and incidental to that of the principal building or the use of which is normally subordinate and incidental
to that of the principal use of the site on which it is located. A principal building or use must be legally
established or approved before an accessory building can be approved. Typical accessory buildings
include a detached garage and a shed.
ACCESSORY STRUCTURE means a structure that is determined by the Development Authority to be
subordinate and incidental to and normally found in connection with the principal building or use on the
lot on which both are located. A principal building or use must be legally established or approved before
an accessory structure can be approved. Typical accessory structures include decks, flagpoles,
swimming pools, dog runs, and storage tanks. When a structure is attached to the principal building by
any means, it is considered part of the principal building and subject to the dimensional standards,
setbacks, maximum site coverage and maximum building height requirements for the principal building
stipulated in Part 4 of the Land Use Bylaw.
ACCESSORY USE means a use of a building or lot which is incidental and subordinate to the principal use
or building and is located on the same lot as such principal use or building. A principal use must be
legally established or approved before an accessory use can be approved.
ADDITION means construction that increases the footprint of an existing building or structure on the
parcel of land.
ADJACENT LAND OR ADJACENT means land that is contiguous to a parcel of land proposed for
development, subdivision or redesignation and includes land that would be contiguous if not for a road,
railway, walkway, watercourse, water body, utility lot, right-of-way, reserve land or other similar
feature.
ALTER or ALTERATION means any structural change to a building that results in an increase or decrease
in the area or the volume of the building; any change in the area frontage, depth, or width of a lot that
affects the required setback, landscaped open space, or parking requirements of this bylaw; structural
change to a sign; and to discontinue or change the principal use of the site or building with a use defined
as being distinct from the discontinued use.
ALTERNATIVE ENERGY, INDIVIDUAL means a development for energy that is renewable or sustainable
that is generally derived from natural sources (for example, the earth, sun, wind, water) and is for the
sole consumption of the landowner, resident or occupant.
AMUSEMENT FACILITY means a development for amusement pastimes, and may incorporate eating
facilities as an accessory use. Such uses may include but are not limited to, amusement arcades, billiard
parlours, bingo halls, bowling alleys and indoor mini-golf.
PART 9 - Definitions | 2
Village of Warner Land Use Bylaw No. 538-12
ANIMAL CARE SERVICE, LARGE means a development maintained and operated by a licensed
veterinarian for the on-site or off-site treatment of animals. The development may also be used for on-
site boarding, breeding or training of animals and livestock. The development may also include outside
buildings and pens associated with the service and the supplementary sale of associated animal care
products. Examples of this use include veterinary offices or hospitals, animal shelters, and facilities for
impounding and quarantining animals.
ANIMAL CARE SERVICE, SMALL means a development for the on-site treatment and/or grooming of
small animals such as household pets, where on-site accommodation may be provided and where all
care and confinement facilities are enclosed within one particular building. This development may also
include the supplementary sale of associated animal products. Examples of this use include pet
grooming salons, pet clinics and veterinary offices.
APPROVED USE means a use of land and/or building for which a development permit has been issued by
the Development Authority or the Subdivision and Development Appeal Board.
AREA STRUCTURE PLAN means a statutory plan prepared for the purpose of providing a framework for
subsequent subdivision and development of an area of land (Municipal Government Act, section 633)
and that may be adopted by a Council by bylaw.
ASSISTED LIVING means a development involving a combination of housing, supportive services,
personalized assistance, and health care designed to respond to the individual needs of those who need
help with activities of daily living. The use may include a central or private kitchen, dining, recreational,
and other facilities, with separate dwelling units or living quarters, where the emphasis of the facility
remains residential.
AUCTIONEERING FACILITY means a development where animals or goods are regularly bought, sold, or
traded to a bidder. The facility may also include holding pens and viewing areas, transport facilities,
spectator seating, and administrative offices. This definition does not apply to individual sales of
animals or goods by private owners.
AUTO BODY AND PAINT SHOP means a development where motor vehicles are repaired and also where
motor vehicle bodies and parts, and other metal machines, components, or objects may be painted.
Painting of this type shall not be done outdoors, but must be set up in a properly ventilated building.
This use may also include an outdoor storage area and an office component.
AUTO SALES AND SERVICE means the retail sale, lease, or rental of new or used automobiles and/or
recreational vehicles and/or a facility for the repair and servicing of automobiles and/or recreational
vehicles, including but not limited to, parts, mufflers, oil changes, transmissions, engine replacement,
glass repair, auto detailing. Such development may not include auto body and paint repair or sale of gas
but may include towing services as an accessory use.
B
BALCONY means a platform attached to and projecting from the face of a principal building, with or
without a supporting structure above the first storey, normally surrounded by a baluster railing and
used as an outdoor porch or sundeck with access only from within the building.
Village of Warner Land Use Bylaw No. 538-12
PART 9 - Definitions | 3
BASEMENT means the portion of a building or structure which is partially or wholly below grade and
having its floor below grade by a distance greater than one-half the distance from floor to ceiling.
BED AND BREAKFAST means a home occupation use carried out in an owner-occupied dwelling where
temporary accommodation is provided to non-residents of the dwelling for remuneration, and where
meals, if provided for guests, are prepared in the common kitchen of the principal residence.
BERM means a barrier, typically constructed of mounded earth, used to separate incompatible areas,
uses, or functions, or to protect a site or development from noise.
BOARDING OR LODGING HOUSE means a building or house containing sleeping rooms (other than a
hotel or motel) in which lodgers rent room(s) for one night or even more extended periods of weeks or
months. The common parts of the boarding or lodging house, such as bathroom(s), kitchen, and living
areas, are maintained by the private owner. Meals, laundry or cleaning may be provided as part of the
lodging agreement.
BUFFER means open spaces, landscaped areas, fences, walls, hedges, trees, shrubs, berms or other
similar features used to physically and/or visually separate incompatible uses, areas, functions, sites,
buildings, roadways, districts.
BUILDING has the meaning defined in the Municipal Government Act and includes anything constructed
or placed on, in, over or under land, but does not include a highway or road or a bridge that forms part
of a highway or road.
BUILDING ENVELOPE means that portion of a lot within which development may occur after all setbacks
and separation distances of the district have been deducted.
BUILDING GRADE (as applied to the
determination of building height)
means the average level of finished
ground adjoining the main front
wall of a building (not including an
attached
garage),
except
that
localized depressions such as for
vehicle or pedestrian entrances
need not be considered in the
determination of average levels of
finished ground. See Figure 9.1.
BUILDING HEIGHT means the vertical distance between grade and the highest point of a building
excluding a roof stairway entrance, elevator housing, a ventilating fan, a skylight, a steeple, a chimney, a
smoke stack, a fire wall or a parapet wall and a flagpole or similar device not structurally essential to the
building.
BUILDING PERMIT means a certificate or document issued by the Safety Codes Officer pursuant to
provincial legislation authorizing commencement of construction.
BUILDING SETBACK means the shortest distance between the exterior foundation wall of the building
and the nearest lot line. Depending on the land use district, the minimum setback will vary.
Figure 9.1
PART 9 - Definitions | 4
Village of Warner Land Use Bylaw No. 538-12
BULK FUEL STATION means a development for storing and distributing petroleum products and other
similar products in bulk quantities. This use includes supplementary tanker vehicle storage and card lock
or key lock fuel distribution facilities.
BUSINESS means a commercial, merchandising, or industrial activity or undertaking, a profession, trade,
occupation, calling or employment or an activity providing goods or services, whether or not for profit
and however organized or formed, including a cooperative or association of persons.
BUSINESS SUPPORT SERVICE means a development primarily engaged in providing services for other
business establishments such as advertising, copying, equipment, financial services, employment
services, and other similar services.
BYLAW means the Land Use Bylaw of the Village of Warner.
C
CAMPGROUND means a development intended for seasonal occupancy by holiday or tent trailers,
recreation vehicles, tents and similar equipment and which may include supplementary bathroom and
recreational facilities, eating shelters, convenience retail, laundry facilities and dwelling
accommodations for the operator.
CANNABIS means cannabis as defined in the Cannabis Act (Canada) and its regulations, as amended
from time to time.
CANNABIS ACCESSORY means cannabis accessory as defined in the Cannabis Act (Canada) and its
regulations, as amended from time to time.
CANNABIS PRODUCTION FACILITY means a development where federally licensed cannabis is grown,
processed, packaged, tested, researched, destroyed, stored, or loaded for shipping.
CAR WASH means a development providing for the cleaning of motor vehicles but does not include
SERVICE STATIONS or GAS BARS.
CARPORT means a partially enclosed structure intended for the shelter of one of more motor vehicles
with at least 40 percent of the total perimeter open and unobstructed.
CEMETERY AND INTERNMENT SERVICES means a development for the entombment of the deceased
and may include such facilities as crematories, cinerarium, columbarium, mausoleums, memorial parks,
burial grounds, cemeteries and gardens of remembrance.
CERTIFICATE OF COMPLIANCE means a document signed by the Development Authority, certifying that
a development complies with this bylaw with respect to setback requirements and insofar as
represented on an Alberta Land Surveyors' Real Property Report.
CHANGE OF USE means the conversion of land or building, or portion thereof from one land use activity
to another in accordance with the Permitted or Discretionary Uses as listed in each land use district.
Village of Warner Land Use Bylaw No. 538-12
PART 9 - Definitions | 5
CHILD CARE FACILITY means a development for the provision of care, maintenance and supervision of
seven (7) or more children, by persons unrelated to the children by blood or marriage, for periods not
exceeding 24 consecutive hours and includes all child-care centres, day cares, nurseries and after-school
or babysitting programs which meet the conditions of this definition. Group homes and day homes are
separate uses.
CHURCH - see RELIGIOUS ASSEMBLY
CLUB OR FRATERNAL ORGANIZATION means a development for the assembly of members of clubs or
organizations, including charitable, social service, ethnic, athletic, business or fraternal organizations.
This use may include eating, drinking, entertainment, sports, recreation and amusement facilities as
accessory uses but "Campground" is a separate use.
COMMON WALL means a vertical separation completely dividing a portion of a building from the
remainder of the building and creating in effect a building which, from its roof to its lowest level, is
separate and complete unto itself for its intended purpose, such wall being owned by one party but
jointly used by two parties, one or both of whom is entitled to such use by prior arrangement.
COMMUNITY ASSOCIATION BUILDING means a development whose primary purpose is to
accommodate use by community group(s). The structure may include such features as meeting rooms,
kitchen, stage and open floor area, bar/liquor area, multi-purpose rooms, washrooms, coat room,
storage room(s) and administrative offices. Exterior uses may include parking, playground areas,
outdoor shelters, and sitting areas.
CONCEPTUAL DESIGN SCHEME means a detailed site layout plan for a parcel of land which typically
addresses the same requirements of an Area Structure Plan but which is not adopted by bylaw and:
(a) shows the location of any existing or proposed buildings; and
(b) describes the potential effect and relationship of the proposed development on the
surrounding area and the municipality as a whole; and
(c) provides for access roads, water, sewer, power and other services to the satisfaction of the
Development Authority, Subdivision Authority or Council, as applicable.
CONDOMINIUM means a building or structure where there exists a type of ownership of individual
units, generally in a multi-unit development or project where the owner possesses an interest as a
tenant in common with other owners in accordance with the provisions of the Condominium Property
Act.
CONDOMINIUM PLAN means a plan of survey registered at a Land Titles Office prepared in accordance
with the provisions of the Condominium Property Act, Revised Statutes of Alberta 2000, Chapter C-22, as
amended.
CONTRACTOR, GENERAL means development used for industrial service support and construction.
Typical uses include cleaning and maintenance contractors, building construction, 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, construction equipment or
vehicles normally associated with the contractor service. Any sales, display, office or technical support
service areas shall be accessory to the principal general contractor use.
PART 9 - Definitions | 6
Village of Warner Land Use Bylaw No. 538-12
CONTRACTOR, LIMITED means a development used for the provision of electrical, plumbing, heating,
painting and similar contractor services primarily to individual household and the accessory sales of
goods normally associated with the contractor services where all material are kept within an enclosed
building, and there are no associated manufacturing activities or fleet storage of more than four
vehicles.
CONVENIENCE STORE means a retail store that sells a limited line of groceries and household goods for
the convenience of the neighbourhood.
CORNER VISIBILITY OR CLEAR VISION TRIANGLE means the triangular area on a corner lot that is
comprised of two sides which are measured from the intersection corner for a distance specified in this
bylaw. The third side of the triangle is a line joining the ends of the other two sides. Where the lot lines
at intersections have rounded corners, the lot lines will be extended in a straight line to a point of
intersection.
COUNCIL means Council of the Village of Warner.
D
DAY HOME means a development within a private residence where care, development and supervision
are provided for a maximum of six children, by persons unrelated to the children by blood or marriage,
including children who reside in the home, for periods not exceeding 24 consecutive hours.
DECK means a structure consisting of a paved, wooden, or other hard-surfaced area generally adjoining
a principal building intended for outdoor living space that is 0.6 m (2 ft) or greater above grade.
DEMOLITION means the pulling down, tearing down or razing of a building or structure.
DETACHED GARAGE means an accessory building designed and use primarily for the storage of motor
vehicles that is not attached or is separate from the principal building.
DEVELOPER means a person or an owner of land in accordance with the Statutes of the Province of
Alberta who wishes to alter the title to the property or change the use of the property from its existing
use.
DEVELOPMENT in accordance with the Municipal Government Act means:
(a) an excavation or stockpile and the creation of either of them;
(b) a building or an addition to or replacement or repair of a building and the construction or
placing of any of them in, on, over or under land;
(c) a change of use of land or a building or an act done in relation to land or a building that results
in or is likely to result in a change in the use of the land or building; or
(d) a change in the intensity of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the intensity of use of the land or
building.
Village of Warner Land Use Bylaw No. 538-12
PART 9 - Definitions | 7
DEVELOPMENT AGREEMENT means a contractual agreement completed between the municipality and
an applicant for a development permit or subdivision approval which specifies the roadways, walkways,
public utilities, and other services and facilities to be provided by the applicant, and may include
provision of security and payment of any applicable off-site levy or redevelopment levy as a condition of
a development permit or subdivision approval, in accordance with the Municipal Government Act.
DEVELOPMENT AUTHORITY means the body established by bylaw to act as the Development Authority
in accordance with section 624 of the Municipal Government Act. For the purposes of the Village of
Warner Land Use Bylaw, the Development Authority is the Development Officer and the Municipal
Planning Commission.
DEVELOPMENT OFFICER means a person(s) authorized by Council to act as a development authority
pursuant to section 624 of the Municipal Government Act and in accordance with the municipality's
Development Authority/Municipal Planning Commission Bylaw.
DEVELOPMENT PERMIT means a permit issued with or without conditions pursuant to this bylaw
authorizing a development. A development permit does not constitute a building permit.
DISCRETIONARY USE means the use of land or buildings provided for in the Land Use Bylaw for which a
development permit may be issued at the discretion of the Municipal Planning Commission, following
receipt by the Development Officer of a competed application with appropriate details and fees.
DISTRICT - see LAND USE DISTRICT
DORMITORY means a building intended to provide residential accommodation for a group of individuals
where such building is related to an educational or public and institutional use, including religious
assembly. Such use includes kitchen and common gathering facilities and residential accommodations
for an on-site resident manager and other related amenities in support of the residential
accommodation.
DWELLING means a building or portion thereof designed for human habitation and which is intended to
be used as a residence for one or more individuals but does not include travel trailers, motor homes,
park model trailers, recreational vehicles, or other mobile living units, hotel, motel, dormitory, boarding
house, surveillance suite or other similar accommodation. Dwelling types include:
Duplex means a building containing two dwelling units connected by a common floor/wall or
ceiling, but not legally subdivided by a property line.
Multi-unit means a building containing three or more dwelling units.
Secondary suite means a self-contained dwelling unit located within a single detached dwelling or
an accessory building on the lot. A secondary suite shall have an entrance separate from the
entrance to the single-detached dwelling, either from a common indoor landing or directly from the
side or rear of the building. Examples of a secondary suite include a basement suite or dwelling
located in a detached garage.
Semi-detached dwelling means a building containing two dwelling units connected by a common
wall that are legally subdivided by a property line.
PART 9 - Definitions | 8
Village of Warner Land Use Bylaw No. 538-12
Single-detached dwelling moved-in means a previously established and occupied site built dwelling
which is removed from one site, transported and re-established on another site for use as a
residence. Single-detached prefabricated is a separate use.
Single-detached dwelling prefabricated means a residential building containing only one dwelling
unit built at an off-site manufacturing facility or location other than the lot intended for occupancy.
The unit is built in conformance with CSA standards and/or Alberta Building Codes. Prefabricated
dwellings include manufactured dwellings, modular dwellings, panelized dwellings and ready-to
move dwellings and may be newly constructed or previously occupied.
Manufactured dwelling means a prefabricated dwelling unit typically constructed with an
integrated frame for placement on a permanent surface foundation in conformance with CSA-
Z240.10.1 standards and designed in one or two sections for transport, whether on its own
wheels or a transport trailer. The unit arrives at the site where it is to be occupied complete and
ready for occupancy, except for incidental operations such as placement on an acceptable
foundation and removal of any hitch and wheels, and skirting. Manufactured dwelling does not
include park-model trailers.
Modular dwelling means a prefabricated dwelling unit constructed in two or more modules or
sections. The dwelling is transported by transport trailer in sections and delivered to the site
where it assembled over a conventional permanent concrete foundation.
Panelized dwelling means a prefabricated dwelling unit consisting of factory built wall panels
which are assembled on site. All service systems and connections must comply with Alberta
Safety Codes.
Ready-to-move means a prefabricated dwelling unit that would normally be constructed on the
site intended for occupancy, but for various reasons, is constructed at an off-site manufacturing
facility, plant site or building yard. It is loaded as one unit onto the proper moving equipment and
delivered to the site intended for occupancy and placed on a conventional permanent concrete
foundation.
Single-detached dwelling site built means a residential building containing only one dwelling unit
which is constructed on the lot intended for occupancy and is not attached to any other dwelling by
any means.
DWELLING UNIT means a single unit designed to be used as a dwelling that includes sleeping, cooking,
living and sanitary facilities and has an independent entrance either directly from the outside of the
building or through a common area within the building.
E
EASEMENT means a right held by one part in land owned by another.
EAVE means the overhang or extension of a roof line beyond the vertical wall of a building.
EDUCATIONAL FACILITY means a place of instruction offering continuing education or specialized
courses of study. Included in the category may be public, private, and commercial institutions.
Village of Warner Land Use Bylaw No. 538-12
PART 9 - Definitions | 9
ENTERTAINMENT ESTABLISHMENT means a development such as a theatre, auditorium, lounge or
cabaret providing dramatic, musical or other entertainment indoors or outdoors and may include
facilities for supplementary food and beverage consumption.
EQUIPMENT SALES, RENTAL AND SERVICE means a development for the retail sale, wholesale
distribution, rental and/or service of equipment, such as hand tools, construction, farming, gardening
and automotive equipment, small machinery parts, and office machinery and equipment.
EXCAVATION means the process of altering the natural elevation of the ground by grading, cutting,
stripping, filling or breaking of ground, but does not include common household gardening and ground
care, excavation made for the building of basements, structures, landscaping, or parking for which a
development permit has been issued, or extensive agriculture. Gravel pit, mineral extraction and any
other similar extractive use are not classified as excavation and are a separate use.
EXTENSIVE AGRICULTURE, PASTURE means the production of crops or livestock or both by expansive
cultivation or open grazing only. The pasturing of livestock is subject to the Village's animal control
bylaw or any other municipal bylaw that regulates the amount of livestock that can be kept on a
property in the Village. Barns and other similar buildings associated with extensive agriculture are
classified as accessory structures. This use does not include agricultural-related industry buildings or
uses such as packaging plants, processing plants, agricultural support services, cannabis production
facilities, or any other similar uses or structures.
F
FARMER'S MARKET means a development where fresh farm or garden produce is sold in retail or
wholesale setting and where goods are typically displayed in bulk bins or stalls for customer selection.
This use includes vendors of fruit, vegetables, meat products, baked goods, dry goods, spices and non-
food products such as handicrafts, provided that the sale of fresh food products remains the primary
function.
FENCE means a structure usually made of wood, rails or bricks intended to mark parcel boundaries and
provide yard privacy.
FINANCIAL INSTITUTION means a development primarily for providing the service of banking or lending
money, such as a bank, savings and loan institution, or credit union.
FLOOR AREA means the sum of the gross horizontal area of the several floors and passageways of a
building, but not including cellars, attached garages and open porches. All dimensions shall be outside
dimensions. Basement floor areas shall be included only where the building contains a basement suite.
FOUNDATION means the supporting base structure of a building.
FRONTAGE means the portion of a lot abutting a road right-of-way measures along the front lot line or
secondary front lot line.
FUNERAL HOME means a development for the arrangement of funerals, the preparation of the
deceased for burial or cremation, and the holding of funeral services.
PART 9 - Definitions | 10
Village of Warner Land Use Bylaw No. 538-12
G
GARAGE means an accessory private building or part of the principal building, designed and used
primarily for the storage of motor vehicles.
GARDEN CENTRE OR GREENHOUSE means a development specially designed and used for the
commercial growing of vegetables, flowers or other plants for transplanting or sale. The use may
include accessory retail uses on the premises.
GEOTECHNICAL REPORT means a comprehensive site analysis and report prepared by a qualified and
registered professional with The Association of Professional Engineers, Geologists, and Geophysicists of
Alberta (APEGGA).
GENERAL WAREHOUSING, WHOLESALE AND STORAGE means a development for the storage and
wholesale of goods and merchandise. The use may include administrative offices, loading areas, parking
areas, storage rooms and the retail sale of goods stored in the warehouse. No outside storage is
permitted with this use.
GOLF COURSE means an outdoor use of varying size where the land is developed primarily to
accommodate the game of golf. Accessory uses include a pro shop, driving range, food service, and
other commercial uses typically associated with a golf course clubhouse facility.
GOVERNMENT SERVICES means development providing municipal, provincial, or federal government
services directly to the public or the community at large, and includes development required for the
public protection of persons or property.
GRADE, LANDSCAPED (as applied to the determination of height of balconies, decks and architectural
features and landscape structures) means the average level of finished landscaped ground under the
four principal corners of the balcony, deck, architectural feature or landscape structure. For buildings
see BUILDING GRADE.
GRAIN ELEVATOR means a development for the collection, grading, sorting, storage, and transshipment
of grains.
GROUP CARE FACILITY means a development which provides residential accommodation and
rehabilitative services to persons who are handicapped, disabled or undergoing rehabilitation and are
provided care to meet their needs. Persons are typically referred to a group care facility by hospitals,
courts, government agencies or recognized social service agencies or health professionals but may also
voluntarily request care. This use includes supervised uses such as group homes, half-way houses, and
convalescent homes. This use does not include senior housing or assisted living which are separate uses
in this bylaw.
H
HEDGE means a row of closely planted shrubs or bushes forming a boundary, enclosure or fence.
HEIGHT - see BUILDING HEIGHT
Village of Warner Land Use Bylaw No. 538-12
PART 9 - Definitions | 11
HOLIDAY TRAILER - see RECREATIONAL VEHICLE
HOME OCCUPATION means an occupation, trade, profession or craft carried on by an occupant of a
dwelling unit as a use secondary to the residential use of the lot, and which does not change the
character thereof, result in any exterior evidence of such secondary use, or involve hazardous or noxious
materials or uses. Uses such as tire shops, auto body repair, sandblasting, and spray booths are not
home occupations. This use does not include sale of cannabis and cannabis accessories, which is
classified as a "Retail cannabis store".
HOSPITAL means a development providing medical treatment on both an in-patient and an out-patient
basis and may include provisions such as, outdoor amenity areas, laundry facilities, maintenance
buildings, air transport facilities, cafeteria, accessory staff residences, and other accessory uses.
HOTEL/MOTEL means the use of a building for sleeping accommodations provided for a fee on a daily
basis, accessible through a central lobby with onsite parking or accessible through individual exterior
entrances; the building may also contain accessory commercial, and food and beverage service uses and
convention facilities.
I
ILLUMINATION means the lighting of a building, structure, landscaping, or sign by artificial means.
INSTITUTIONAL means development for an organization or society for public or social purposes and,
without restricting the generality of the term includes museums, libraries or other public institutions
that have not been separately defined in this bylaw.
K
KENNEL means a commercial development where dogs or cats or other domestic pets are maintained,
boarded, bred, trained or cared for or kept for the purposes of sale but excludes an Animal Care Service.
L
LANDOWNER - see REGISTERED OWNER
LANDSCAPING means the modification, beautification and enhancement of a site or development
through the use of the following elements:
(a) natural landscaping consisting of vegetation such as trees, shrubs, hedges, grass, flowers and
other ground cover or materials;
(b) hard landscaping consisting of non-vegetative materials such as brick, stone, concrete, tile and
wood, excluding monolithic concrete and asphalt; and
(c) excludes all areas utilized for driveways and parking.
PART 9 - Definitions | 12
Village of Warner Land Use Bylaw No. 538-12
LAND USE DISTRICT means a specifically delineated area or zone within which the development
standards of this bylaw govern the use, placement, spacing, and size of land and buildings. All land use
districts referred to in this bylaw are shown on the Land Use Districts Map found in Part 2 of this bylaw.
LANE or LANEWAY means a public thoroughfare, which provides a secondary means of access to a lot or
lots.
LIGHT FABRICATION SHOPS means a development involving the assembly of metal parts, including
blacksmith and welding shops, sheet metal shops, machine shops, and boiler shops, that produce metal
duct work, tanks, towers, cabinets and enclosures, woodworking workshops, metal doors and gates, and
similar products.
LIGHT INDUSTRIAL means a development for processing, assembly, production or packaging of goods or
products, as well as administrative offices and warehousing and wholesale distribution uses which are
accessory uses to the above, provided that the use does not generate any detrimental impact, potential
health or safety hazard or any nuisance beyond the boundaries of the developed portion of the site or
lot upon which it is situated.
LIQUOR ESTABLISHMENT means a development licensed and regulated pursuant to provincial
legislation where alcoholic beverages are served for consumption on the premises.
LIQUOR STORE means a development licensed under provincial authority for the sale of liquor for
consumption off premises.
LUMBER YARD means a development where lumber, building materials and supplies, and other
building-related goods are stored, displayed and sold.
LOT in accordance with the Municipal Government Act means:
(a) a quarter section;
(b) a river lot shown on an official plan, as
defined in the Surveys Act, that is filed or
lodged in a land titles office;
(c) a settlement lot shown on an official plan as
defined in the Surveys Act, that is filed or
lodged in a land titles office;
(d) a part of a parcel where the boundaries of
the parcel are separately described in the
certificate of title other than by reference to
a legal subdivision;
(e) a part of a parcel of land described in a
certificate of title if the boundaries of the
part are described in a certificate of title by
reference to a plan of subdivision.
Where a certificate of title contains one or more
lots described in a plan of subdivision that was
registered in a land titles office before July 1,
1950, lot means parcel.
Figure 9.2
Village of Warner Land Use Bylaw No. 538-12
PART 9 - Definitions | 13
LOT AREA means the total area of a lot.
LOT, CORNER means a lot located at the intersection of two or more streets. See Figure 9.2.
LOT, DOUBLE FRONTING means a lot which abuts two parallel or approximately parallel streets. See
Figure 9.2
LOT LENGTH means the horizontal distance between the front and the rear lot lines measured along the
median between the side lot lines. See Figure 9.3.
LOT LINE means a legally defined
boundary of any lot. The term property
line
and
boundary
line
have
the
corresponding meaning.
LOT FRONTAGE means the front lot line
or that side of a lot abutting a public
roadway, but does not include any side
abutting a lane.
LOT, INTERIOR means a lot situated
between two lots or another lot and a
lane and having access to not more than
one street.
LOT
WIDTH
means
the
horizontal
distance between the side lot lines
measured at a point 7.6 m (25 ft)
perpendicularly distant from the front boundary of the lot. See Figure 9.3
M
MAINTENANCE means the upkeep of a building or property that does not involve structural change, the
change of use, or the change of intensity of use.
MANUFACTURED HOME - see DWELLING, Single-detached dwelling prefabricated
MANUFACTURED HOME COMMUNITY means a comprehensively planned residential development
intended for the placement of manufactured homes on sites or pads. Such a community may also
include amenity areas or facilities for the use of the community's residents.
MANUFACTURING AND FABRICATION means a development where the land and buildings are used for
the manufacture or fabrication of products, goods or parts, for retail sale of such products, goods or
parts to the general public.
MASS WASTING means a general term describing a variety of processes, including but not limited to
slumping, sloughing, fall and flow, by which earth materials are moved by gravity.
7.6 m (25 ft)
Figure 9.3
PART 9 - Definitions | 14
Village of Warner Land Use Bylaw No. 538-12
MEDICAL/HEALTH FACILITY means a development for the provision of human health services without
overnight accommodation for patients and may include associated office space. Typical uses include
physiotherapy, registered massage therapy, doctor, dentist, optometrist, and chiropractic offices.
MINI STORAGE means a development providing compartmentalized buildings or a designated site set up
for the storage of equipment, household or business materials, or vehicles, but excludes storage of
hazardous goods or materials. Accessory to this use is the exterior screened storage of recreational
vehicles, boats, trailers and similar items.
MIXED-USE COMMERCIAL/RESIDENTIAL BUILDING means a development which allows for one or more
of the uses listed in the Commercial - C land use district within a building, including allowance for
residential units within a portion of the building independent of the commercial use of the building.
MODULAR HOME - see DWELLING, Single-detached dwelling prefabricated
MOVED-IN BUILDING means a previously used or existing, established building, which is removed from
a site, and then transported and re-established on another site.
MOVED-IN DWELLING - see DWELLING, Moved-in dwelling
MULTI-UNIT DWELLING - see DWELLING, Multi-unit
MUNICIPAL DEVELOPMENT PLAN means a Statutory Plan adopted by bylaw in accordance with section
632 of the Municipal Government Act.
MUNICIPAL GOVERNMENT ACT (Act) means the Municipal Government Act, Revised Statutes of Alberta
2000, Chapter M-26, as amended.
MUNICIPAL PLANNING COMMISSION (MPC) means the body appointed by Council to act as the
Subdivision Authority pursuant to section 623 of the Municipal Government Act and Development
Authority pursuant to section 624 of the Municipal Government Act, and in accordance with the
Municipal Planning Commission Bylaw.
MUNICIPAL SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB) means the board established by
bylaw, to act as the municipal appeal body for subdivision and development applications.
MUNICIPALITY means the Village of Warner.
MUSEUM means a development for the preservation, collection, restoration, display and/or
demonstration of articles of historical significance and may include archival records of a geographic area
or of a time period. See Institutional.
N
NON-CONFORMING BUILDING means a building:
(a) that is lawfully constructed or lawfully under construction at the date a land use bylaw or any
amendment thereof affecting the building or land on which the building is situated becomes
effective; and
Village of Warner Land Use Bylaw No. 538-12
PART 9 - Definitions | 15
(b) that on the date the land use bylaw or any amendment thereof becomes effective does not, or
when constructed will not, comply with the land use bylaw.
NON-CONFORMING USE means a lawful specific use:
(a) being made of land or a building or intended to be made of a building lawfully under
construction, at the date a land use bylaw or any amendment thereof affecting the land or
building becomes effective; and
(b) that on the date the land use bylaw or any amendment thereof becomes effective does not, or
in the case of a building under construction, will not comply with the land use bylaw.
NOXIOUS OR HAZARDOUS means a use which may be detrimental to public health, safety and welfare
or because of toxic gases, smells, wastes, noise, dust or smoke emissions may be incompatible with
residential or other development.
NUISANCE means any use, prevailing condition or activity which has a detrimental effect on living or
working conditions.
O
OFFICE means a development primarily for the provision of professional, management, administrative,
consulting, or financial services in an office setting. Typical uses include but are not limited to the offices
of lawyers, accountants, travel agents, real estate and insurance firms, planners, clerical and secretarial
agencies. This excludes government services, the servicing and repair of goods, the sale of goods to the
customer on the site, and the manufacturing or handling of a product.
OFF-STREET LOADING SPACE means the designated area on a lot designed expressly for the parking of
haulage vehicles while loading or unloading.
OFF-STREET PARKING means an off-street parking area for motor vehicles which is located on a lot,
excluding a public roadway.
OFF-STREET PARKING AREA means the designated area on a lot, which is accessible from a street, lane
or other public roadway, set aside for and capable of providing space for the off-street parking of motor
vehicles.
OFF-STREET PARKING SPACE means an off-street parking space set aside for, designed and capable of
being used for the parking of one motor vehicle.
ORIENTATION means the arranging or facing of a building or other structure with respect to the street
frontage.
OUTHOUSE means a small, enclosed building containing a toilet pedestal(s) or a bench with one or more
holes forming a seat built over a pit or vault serving as an outdoor toilet which is not connected to the
municipal sewerage system.
PART 9 - Definitions | 16
Village of Warner Land Use Bylaw No. 538-12
OUTDOOR STORAGE means the use of land with or without attendant buildings for the open, outdoor
storage of equipment, materials or vehicles, goods, or processed or unprocessed resources or materials.
For the purposes of this bylaw, this definition is limited to those uses that require minimal on-site
improvements, service and public amenities or facilities and does not include those goods or materials
which are noxious or hazardous.
P
PANELIZED DWELLING - see DWELLING, Single-detached dwelling prefabricated
PARCEL - see LOT
PARK MODEL TRAILER means a recreational vehicle that is either:
(a) built on a single chassis mounted on wheels designed for infrequent towing by a heavy-duty
tow vehicle but is restricted in size and weight so that it does not require a special highway
movement permit and conforms to the CSA Z-240 standard for recreational vehicles; or
(b) a recreational vehicle intended for temporary residence or seasonal use built on a single
chassis mounted on wheels, which may be removed and returned to the factory, requiring a
special tow vehicle and highway permit to move on the road and conforms to the CSA Z-241
standard for recreational vehicles.
PARKING AREA means the designated area on a lot, which is accessible from a street, lane or other
public roadway, set aside for and capable of providing space for the off-street parking of motor vehicles.
PARKING FACILITY means a parking lot or parking structure not located in the public roadway which is
intended to be used exclusively to provide off-street parking or storage of motor vehicles as a principal
use and which may include a buildings or structures necessary for the operation of the parking lot or
structure. A parking structure means a building or structure designed for parking motor vehicles in tiers
on a number of levels above each other, whether above or below the ground.
PARKING PAD means an off-street parking area located on a lot which is designed to provide parking
space for a motor vehicle.
PARKING SPACE means an off-street parking space set aside for, designed and capable of being used for
the parking of one motor vehicle.
PARKS AND PLAYGROUNDS means development for active or passive public recreational activities that
do not require major buildings or facilities and includes picnic areas, playgrounds, pedestrian and bicycle
paths, landscaped areas and associated public washrooms.
PERMITTED USE means the use of land or buildings which is permitted in a district for which a
development permit shall be issued, following receipt by the Development Officer of a completed
application with appropriate details and fees, provided the proposed development conforms with this
bylaw.
Village of Warner Land Use Bylaw No. 538-12
PART 9 - Definitions | 17
PERSONAL SERVICES means a development that provides personal services to an individual that are
related to the personal care and appearance or the cleaning and repair of personal effects. Typical uses
include but are not limited to barber shops, beauty salons, hairdressers, manicurists, aestheticians,
fitness facility, tailors, dress makers, shoe repair shops, dry cleaning establishments, and laundries but
does not include medical or health services.
PLAN OF SUBDIVISION means a plan of survey prepared in accordance with the relevant provisions of
the Land Titles Act for the purpose of effecting subdivision.
PORCH means a covered structure that is attached to the exterior of a building, often forming a covered
entrance to a doorway. The structure does not have solid walls, but may be screened.
PREFABRICATED DWELLING - see DWELLING, Single-detached dwelling prefabricated
PRINCIPAL BUILDING means a building which in the opinion of the Development Authority:
(a) occupies the major or central portion of a lot;
(b) is the chief or main building on a lot; or
(c) constitutes, by reason of its use, the primary purpose for which the lot is used.
PRINCIPAL USE means the main purpose, in the opinion of the Development Authority, for which a lot is
used.
PROHIBITED USE means a development that is not listed within a land use district as permitted or
discretionary, or is not deemed a similar use in accordance with the provisions of this Bylaw.
PROPERTY LINE - see LOT LINE
PROVINCIAL HEALTH CARE FACILITY means a hospital as defined in the Hospitals Act.
PROVINCIAL LAND USE POLICIES means policies established by order of the Lieutenant Governor
pursuant to section 622 of the Municipal Government Act.
PUBLIC OPEN SPACE means land, which is not in private ownership and is open to use by the public.
PUBLIC OR PRIVATE RECREATION means a development for sports or recreational or retreat activities,
use, facilities including associated eating and retail areas, provided for public or private use. Such uses
include, but are not limited to, gymnasiums, athletic/sport fields, shooting ranges, paint-ball, go-cart
tracks, golf courses and ranges, outdoor mini-golf, recreation centres, indoor/outdoor ice rinks,
campgrounds retreats and country clubs.
PUBLIC OR PRIVATE UTILITY means a development for any one or more of the following:
(a) systems for the distribution of gas, whether artificial or natural;
(b) facilities for the storage, transmission, treatment, distribution or supply of water;
(c) facilities for the collection, treatment, movement or disposal of sanitary sewage;
(d) storm sewage drainage facilities;
(e) telecommunications systems;
(f)
systems for the distribution of artificial light or electric power;
PART 9 - Definitions | 18
Village of Warner Land Use Bylaw No. 538-12
(g) facilities used for the storage of telephone, cable, remote weather stations or internet
infrastructure;
(h) any other things prescribed by the Lieutenant Governor in Council by regulation.
PUBLIC ROADWAY means a right-of-way maintained by the Village and is open to the public for the
purpose of vehicular traffic.
Q
QUONSET means a building made from metal having a semicircular roof and/or cross section and end
walls.
R
RAILWAY AND RAILWAY RELATED USES means a railway line and any use connected with the direct
operation or maintenance of a railway system and also includes any loading or unloading facilities, but
excludes feed mills/grain elevators or bulk oil depots which are separate uses.
REAL PROPERTY REPORT (RPR) means a legal document that illustrates in detail the location of all
relevant, visible public and private improvements relative to property boundaries prepared by a
registered Alberta Land Surveyor.
READY-TO-MOVE (RTM) DWELLING - see DWELLING, Single-detached dwelling prefabricated
REGISTERED OWNER means:
(a) 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
(b) in the case of any other land:
(i)
the purchase 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
(ii) in the absence of a person described in paragraph (i), the person registered under the
Land Titles Act as the owner of the fee simple estate in the land.
RIGHT-OF-WAY means the area of land that is dedicated for public or private use to accommodate a
transportation system (road) or public utility infrastructure (including but not limited to water lines,
sewer lines, power lines, and gas lines).
ROAD - see PUBLIC ROADWAY
Village of Warner Land Use Bylaw No. 538-12
PART 9 - Definitions | 19
RECREATIONAL VEHICLE / HOLIDAY TRAILER means a vehicle or trailer, designed to be moved on its
own wheels or by other means (including units permanently mounted on trucks), designed or
constructed to be used for sleeping or living purposes on a short-term, temporary basis. Such vehicles
and trailers are subject to highway safety standards rather than housing standards. Example include but
are not limited to motor homes, campers, holiday trailers, travel trailers, fifth wheel trailers, tent trailers
and park model trailers. Recreational vehicle/holiday trailers are not permitted as either temporary or
permanent dwellings.
RECREATIONAL VEHICLE STORAGE - see OUTDOOR STORAGE
RECYCLING FACILITY means a development for the purchasing, receiving and/or temporary storage of
discarded articles, provided that the use does not generate a detrimental effect or nuisance beyond the
parcel or lot upon which it is situated. This use may involve supplementary production of by-products or
materials and includes bottle, can, and paper recycling depots.
RELIGIOUS ASSEMBLY means a development for public meetings, worship and related religious or social
activities, and includes accessory rectories, manses, meeting rooms and classrooms. Typical uses would
include community or civic halls/clubs, churches, chapels, temples, mosques, synagogues, parish halls
and convents.
RESIDENTIAL ACCESSORY TO AN APPROVED COMMERCIAL USE means a residential unit located within
a commercial building which is accessory to the approved principal use. When the principal use ceases
to operate, the accessory dwelling unit is no longer permitted, except as may be allowed in accordance
with the provisions of a non-conforming use under the Municipal Government Act.
RESTAURANT means a development where food and beverages are prepared and served. The
development may include supplementary alcoholic beverage service and catering services. This term
include uses such as restaurants, cafes, diners, lunch and tea rooms, ice cream parlors, banquet
facilities, and take-out restaurants.
RETAIL means a commercial development where goods, merchandise, substances, articles, and other
materials, are offered for sale to the general public and includes limited on-site storage or limited
seasonal outdoor sales to support that store's operations. Typical uses include but are not limited to
grocery, bakery, hardware, pharmaceutical, postal outlet, appliance, clothing, and sporting goods stores.
These uses exclude warehouse sales, gasoline sales, heavy agricultural and industrial equipment sales,
alcoholic beverage sales, retail cannabis store, and retail stores requiring outdoor storage.
RETAIL CANNABIS STORE means a development involving the use of a building where cannabis and
cannabis accessories, licensed by the Province of Alberta, are offered for sale to individuals who attend
the premises for off-site consumption, and may include storage within the premises of cannabis and
cannabis accessories sufficient only to service such a store.
S
SAFETY CODES means a code, regulation, standard, or body of rules regulating things such as building,
electrical systems, elevating devices, gas systems, plumbing, pressure equipment, fire protection
systems and equipment, barrier free design and access in accordance with the Safety Codes Act, RSA
2000, Chapter S-1, as amended.
PART 9 - Definitions | 20
Village of Warner Land Use Bylaw No. 538-12
SCHOOL means a place of instruction offering courses of study. Included in the category are public,
private, and separate schools.
SCREENING means a fence, wall, berm or hedge or other approved feature used to visually separate
areas or functions that detract from or are incompatible with the street or neighbouring land uses.
SECONDARY SUITE - see DWELLING, SECONDARY SUITE
SEED CLEANING PLANT means a development for the cleaning, drying, or treating of grains.
SENIOR CITIZEN HOUSING means a dwelling unit or accommodation sponsored and administered by any
public agency or any non-profit organization, either of which obtains its financial assistance from
Federal, Provincial, or Municipal Governments or agencies or public subscriptions or donation or any
combinations thereof. Senior citizen accommodation may include lounge, dining, health care, and
recreation facilities. Also see ASSISTED LIVING.
SERVICE STATION or GAS BAR means a development for the retail sale of motor accessories, gasoline or
other fuels and the supply of washing, greasing, cleaning and minor repair services for motor vehicles.
SETBACK means the minimum distance
required between a property line of a lot and
the nearest part of any building, structure,
excavation or use on the lot and is measured
at a right angle to the lot line. See Figure 9.4.
SHIPPING CONTAINER means any container
that is or was used for transport of goods by
means of air, rail, truck or by sea. These are
generally referred to as a C-Container, sea
cargo container, sea can or cargo container.
Such containers are typically rectangular in
shape and are generally made of metal. For
the purposes of this bylaw, when such a container is used for any purpose other than transporting
freight, it will be considered as a structure, must conform to these regulations and may require a permit.
SHOW HOME means a finished dwelling unit which has been staged with appliances, furniture, and
decorations for the viewing public as a sales tool. A show home may or may not contain a sales office
for the development.
SIGN means any word, letter, model, picture, symbol, object, structure, fixture, placard, device and
components, or portion thereof, which is used to advertise, identify, communicate, display, direct or
attract attention to an object, matter, thing, person, institution, organization, business, product, service,
event or location by any means. Refer to Part 7 for more sign definitions.
SIMILAR USE means a use of land or building(s) for a purpose that is not provided in any district
designated in this bylaw, but is deemed by the Development Authority to be similar in character and
purpose to another use of land or buildings that is included within the list of uses prescribed for that
district in which the use is proposed.
Figure 9.4
Village of Warner Land Use Bylaw No. 538-12
PART 9 - Definitions | 21
SITE - see LOT
SITE COVERAGE means the percentage of the lot area which is covered by all buildings and structures on
the lot.
SITE PLAN means a plan drawn to scale illustrating the proposed and existing development prepared in
accordance with the requirements of this bylaw.
SITE COVERAGE, ACCESSORY means the percentage of the lot area which is covered by the combined
area of all accessory buildings and structures.
SITE COVERAGE, PRINCIPAL means the percentage of the lot area which is covered by the principal
building including any structure attached to the principal building by an open or enclosed roofed
structure, including but not limited to attached garages, carports, verandas, covered balconies, decks,
and porches.
SMALL WIND ENERGY CONVERSION SYSTEM (SWECS) means a development that generates electricity
from a wind turbine, either building or tower mounted, including associated control and conversion
electronics and tower guy wires, which has a limited generation capacity to be used primarily for the
applicants own use. See ALTERNATIVE ENERGY.
STOP ORDER means an order issued by the Development Authority pursuant to section 645 of the
Municipal Government Act.
STOREY means the space between the top of any floor and the top of the next floor above it and if there
is no floor above it, the portion between the top of the floor and the ceiling above it, but does not
include a basement.
STREET means a registered public roadway which is used or intended to be used for passage or travel of
motor vehicles. The term road right-of-way or road allowance shall have the same meaning as street.
The definition of street does not include a lane, which is defined separately.
STRUCTURE means anything constructed or erected with a fixed location on the ground or attached to
something having a fixed location on the ground. Among other things, structures include buildings,
walls, fences, and signs.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD means the tribunal established, by bylaw, to act as
the municipal appeal body for subdivision and development.
SUBDIVISION AND DEVELOPMENT REGULATION means regulations established by order of the
Lieutenant Governor in Council pursuant to section 694 of the Municipal Government Act.
SUBDIVISION AUTHORITY means the body established by bylaw to act as the subdivision authority in
accordance with section 623 of the Municipal Government Act.
SUBDIVISION OR SUBDIVIDE means the division of a parcel by an instrument.
SUBSIDENCE means a localized downward settling or sinking of a land surface.
PART 9 - Definitions | 22
Village of Warner Land Use Bylaw No. 538-12
SUCH AS means includes, but is not limited to the list of items provided.
SURVEILLANCE SUITE means a residential suite that is developed in conjunction with a principal use
such that the suite is a supplementary use to the principal use, and which is used solely to provide living
accommodations for a person or persons, whose function is to provide on-site surveillance,
maintenance and/or security.
T
TELECOMMUNICATION ANTENNA means a structure and any associated system, including all masts,
towers and other antenna supporting structures that is used for the transmission, emission or reception
of television, radio or telecommunications.
TEMPORARY DEVELOPMENT means a development for which a development permit has been issued
for a limited time period.
TOURIST INFORMATION means a development intended to provide information to the travelling public
and may include washroom and picnic facilities and accessory retail sales.
TRANSPORTATION/DELIVERY SERVICE means development involving the use of one or more vehicles to
transport people, mail, currency, documents, packages and articles for compensation such as a mobile
catering service, the rental or lease of vans and trucks, taxi service, limousine or bus service and may
include limited storage and repair of the vehicles used. This use does not include towing operations.
TRUCK DISPATCH/DEPOT means a development for the purpose of storing and/or dispatching trucks,
buses, fleet vehicles, and transport vehicles and may include towing operations. The use may also
involve the transfer of goods primarily involving the loading and unloading of freight-carrying trucks.
TRAVEL TRAILER - see RECREATIONAL VEHICLE
TRUCK STOP means a development involved in the maintenance, servicing, storage or report of
commercial vehicles is conducted or rendered including the dispensing of fuel products, the sale of
accessories and/or equipment for trucks and similar commercial vehicles. A truck stop may also include
convenience stores and restaurant facilities, and may include overnight accommodation facilities solely
for the use of truck crews.
TRUCK WASH means a development for commercial vehicle washing of large vehicles such as tractor
trailers.
U
USE means the purposes for which land or a building is arranged or intended, or for which either land, a
building or a structure is, or may be, occupied and maintained.
UTILITIES - see PUBLIC OR PRIVATE UTILITY
Village of Warner Land Use Bylaw No. 538-12
PART 9 - Definitions | 23
V
VARIANCE means the relaxation or waiver of a development standard as established in this bylaw.
VETERINARY CLINIC - see ANIMAL CARE SERVICE
VILLAGE means the Village of Warner.
W
WAIVER means the relaxation or variance of a development standard as established in this bylaw.
WAREHOUSE means a development for the storage of goods, materials or equipment for use by a
company.
WASTE MANAGEMENT TRANSFER STATION means a development for the collection and temporary
holding of solid waste and/or recycling in a transferable storage container.
WASTEWATER TREATMENT PLANT has the same meaning as referred to in the Subdivision and
Development Regulation and as in the Environmental Protection and Enhancement Act. This definition
also includes a wastewater treatment stabilization plant.
WATER TREATMENT PLANT means a development that treats raw water so that it is safe for human
consumption and then distributes it for human use.
Y
YARD means the area between a lot line and the nearest portion of any building, structure, excavation
or use on the lot.
YARD, FRONT means a yard extending across the full width of a lot and situated between the front lot
line and the nearest portion of the principal building. See Figure 9.5.
Figure 9.5
PART 9 - Definitions | 24
Village of Warner Land Use Bylaw No. 538-12
YARD, REAR means a yard extending across the full width of a lot and situated between the rear lot line
and the nearest portion of the principal building. See Figure 9.5.
YARD, SIDE means a yard extending from the front yard to the rear yard and situated between the side
lot lines and the nearest portion of the principal building. See Figure 9.5.
YARD, SECONDARY FRONT means the second front yard on a corner lot with street frontage which is
designated the secondary front by the Development Authority having regard to the orientation of
buildings within the block extending across the full width of the lot and situated between the secondary
front lot line and the nearest portion of the principal building. See Figure 9.5.
Z
ZONING - see LAND USE DISTRICT
All other words and expressions not otherwise defined in this Land Use Bylaw have the meaning assigned to them
in the Municipal Government Act.
APPENDIX A - Forms and Notices
Page 1 of 5
V I L L A G E O F W A R N E R
R E S I D E N T I A L
D E V E L O P M E N T P E R M I T A P P L I C A T I O N
Date of Application:
Development Permit
Application No.
IMPORTANT NOTICE: This application does not permit you to commence construction until such time as a notice of decision has been
issued by the Development Authority. If approval has not been received within 40 days of the date the application is deemed complete,
you have the right to file an appeal to the Subdivision and Development Appeal Board.
THIS APPLICATION DOES NOT CONSTITUTE A BUILDING PERMIT.
A SEPARATE BUILDING PERMIT MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
Email:
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Mailing Address:
Phone:
Phone (alternate):
Email:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other
PROPERTY INFORMATION
Municipal Address:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
Please list existing buildings, structures and uses of the land:
IF "NO" please complete box below
Page 2 of 5
DEVELOPMENT INFORMATION
This application is to: (Check all that apply)
Construct a new dwelling
Single-detached dwelling
Site-built dwelling
Prefabricated dwelling
Moved-in dwelling
Semi-detached / Duplex dwellin
Multi-unit - please specify the number of dwelling units ____________
Other
Alter/renovate an existing dwelling:
Addition
Attached garage
Deck
Other
Construct an accessory building/structure
Detached garage
Shed/workshop
Other
Demolish existing building
Other ______________________________________________________________
Please describe the proposed development including uses, buildings, structures, and work to be done and any
buildings/structures proposed to be removed/relocated.
Page 3 of 5
BUILDING REQUIREMENTS
Proposed
Principal Building
Accessory Building
Office Use
Building Size
m2
ft2
m2
ft2
Height of Building
m
ft
m
ft
Proposed Setbacks from Property Lines
Front
m
ft
m
ft
Rear
m
ft
m
ft
Side
m
ft
m
ft
Side
m
ft
m
ft
Parcel Type: Interior Lot Corner Lot
ABANDONED WELL INFORMATION
This applies to developments that require a new permit from the municipality for:
-
new buildings larger than 500 ft2 (47 m2), or
-
additions to buildings that will result in the building being this size or larger.
If your development proposal fits the criteria above, you are required to do the following:
1.
Obtain map and well information
Please go to the AER's Abandoned Well Viewer (viewer) on the AER website at www.aer.ca. The viewer will provide a
map identifying all recorded abandoned well surface locations in the selected area and list any additional details that
are available, including the licensee(s) of record and the latitude and longitude of each well's surface location.
If you do not have Internet access or have questions about the information provided by the viewer, you may contact:
-
the AER Customer Contact Centre by telephone at: 1-855-297-8311 (toll-free), or
-
by e-mail at: [email protected], or
-
the AER Information Services by mail at: Suite 1000, 250 - 5 Street SW, Calgary, Alberta T2P 0R4.
2. Submit the following as part of your development permit application
-
the AER information, including a map of the search area from the viewer and a statement that there are no wells in
the project area or a list and map identifying the location of abandoned wells within the search area (including the
surface coordinates, as provided by the viewer or AER Information Services); and
-
if an abandoned well is present, a detailed site plan must be provided that accurately illustrates the actual well
location (i.e. latitude, longitude) on the subject parcel as identified in the field and the setback established in the
AER Directive 079 (a minimum 5 m radius around the well) in relation to existing or proposed building sites.
If there is an abandoned well located in the area of the proposed surface development, the applicant is advised to
contact the well licensee of record for any additional information that may be needed or to physically locate the well,
and to discuss the proposed development and abandoned well issue in more detail.
Page 4 of 5
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Development Permit. I also consent to an authorized person designated by the municipality
to enter upon the subject land and buildings for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on
file by those agencies. The application and related file contents will become available to the public and are subject to the
provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
APPLICANT SIGNATURE
REGISTERED OWNER SIGNATURE
(if not the same as applicant)
TERMS
1.
Subject to the provisions of Land Use Bylaw No. 538-12 of the Village of Warner, the term "development" includes any
change in the use, or intensity of use, of buildings or land.
2.
The Development Officer may deem a development permit application incomplete if any of the application
requirements are incomplete or the quality of the information is deemed inadequate to properly evaluate the
application.
3.
Although the Development Officer is in a position to advise applicants of the process and requirements of the
development application, such advice must not be taken as official consent, and is without prejudice to the decision in
connection with the formal application.
4.
Any development started before the issuance of a development permit and expiration of the appeal period is at the
applicant's own risk.
5.
If a decision is not made within 40 days from the date the application is deemed complete, or within such longer
period as the applicant may approve in writing, the applicant may deem the application to be refused and the
applicant may exercise his/her right of appeal as though he had been mailed a refusal at the end of the 40-day period.
6.
A development permit does not constitute a building permit or approval from any provincial or federal department.
Construction undertaken subsequent to approval of this development permit application may be regulated by the
Alberta Safety Codes. The applicant/owner/developer assumes all responsibilities pertaining to construction plan
submissions, approval and inspections as may be required by the appropriate provincial body. The applicant is
responsible for determining and obtaining any other applicable provincial and federal approvals prior to
commencement.
Page 5 of 5
DEVELOPMENT APPLICATION SUBMISSION REQUIREMENTS
The following items shall be attached to all Development Permit Applications. This is not an exhaustive list and the
Development Officer may request additional information that is required to assess the application.
Copy of Site Plan. Site plan shall provide the following information:
(May be provided on a survey plan or a sketch on the following page)
Legal description and municipal address of subject property
Scale, north arrow and land use district
Adjacent roadways and lanes
Lot dimensions, lot area, and percentage of lot coverage for all structures
Existing residence and/or any other buildings with dimensions of foundation and projections including decks
(indicate using a solid line )
Proposed residence and/or any other buildings with dimensions of foundation and projections including
decks (indicate using a dashed line )
The proposed distances from the front, side, and rear property lines
Location of lot access, existing sidewalk(s) and curbs
Location of fire hydrant, street light, power/telephone/cable pedestal(s) (if located within property
frontage)
Location of any registered utility rights-of-way or easements
Number of off-street parking spaces
Copy of Prefabricated Dwelling Plans. Plans shall be to scale and contain the following information:
Proposed additions, including porches, steps, decks, garages or other similar features
Proposed foundation or footing type
Design, character and appearance, including the roof lines, materials and exterior finish
Colour photographs of the exterior of the dwelling including any additions
An inspection report by a Safety Codes Officer completed within 30 days of the application for used
prefabricated dwellings
Map or additional information from the AER regarding location of abandoned wells.
If applicant is not the registered owner, a written statement (or this application) signed by the registered owner
consenting to this application.
Application Fee Payable to the Village of Warner.
V I L L A G E O F W A R N E R
R E S I D E N T I A L D E V E L O P M E N T P E R M I T A P P L I C A T I O N
Page 1 of 5
V I L L A G E O F W A R N E R
N O N - R E S I D E N T I A L
D E V E L O P M E N T P E R M I T A P P L I C A T I O N
Date of Application:
Development Permit
Application No.
IMPORTANT NOTICE: This application does not permit you to commence construction until such time as a notice of decision has been
issued by the Development Authority. If a decision has not been received within 40 days of the date of application and no extension
agreement has been entered into, you have the right to deem the application refused and file an appeal to the Subdivision and
Development Appeal Board.
THIS APPLICATION DOES NOT CONSTITUTE A BUILDING PERMIT.
A SEPARATE BUILDING PERMIT MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
Email:
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Mailing Address:
Phone:
Phone (alternate):
Email:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other
PROPERTY INFORMATION
Municipal Address of
Development:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
Please list existing buildings, structures and uses of the land.
IF "NO" please complete box below
Page 2 of 5
DEVELOPMENT INFORMATION
This application is to: (Check all that apply)
Construct a new building
Commercial Use
Industrial Use
Public/Institutional Use
Other, specify _________________________________________________
Alter/renovate the existing building
Construct an accessory building
Demolish existing building
Change in or intensification of use (e.g. new type of business in existing building)
Please describe the proposed development including uses, buildings, structures and work to be done and any
buildings/structures proposed to be removed/relocated.
Page 3 of 5
BUILDING REQUIREMENTS
Proposed
Principal Building
Accessory Building
Office Use
Building Size
m2
ft2
m2
ft2
Height of Building
m
ft
m
ft.
Proposed Setbacks From Property Lines
Front
m
ft
m
ft
Rear
m
ft
m
ft
Side
m
ft
m
ft
Side
m
ft
m
ft
Parcel Type: Interior Lot Corner Lot
ABANDONED WELL INFORMATION
This applies to developments that require a new permit from the municipality for:
-
new buildings larger than 500 ft2 (47 m2), or
-
additions to buildings that will result in the building being this size or larger.
If your development proposal fits the criteria above, you are required to do the following:
1.
Obtain map and well information
Please go to the AER's Abandoned Well Viewer (viewer) on the AER website at www.aer.ca. The viewer will provide a
map identifying all recorded abandoned well surface locations in the selected area and list any additional details that
are available, including the licensee(s) of record and the latitude and longitude of each well's surface location.
If you do not have Internet access or have questions about the information provided by the viewer, you may contact:
-
the AER Customer Contact Centre by telephone at: 1-855-297-8311 (toll-free), or
-
by e-mail at: [email protected], or
-
the AER Information Services by mail at: Suite 1000, 250 - 5 Street SW, Calgary, Alberta T2P 0R4.
2. Submit the following as part of your development permit application
-
the AER information, including a map of the search area from the viewer and a statement that there are no wells in
the project area or a list and map identifying the location of abandoned wells within the search area (including the
surface coordinates, as provided by the viewer or AER Information Services); and
-
if an abandoned well is present, a detailed site plan must be provided that accurately illustrates the actual well
location (i.e. latitude, longitude) on the subject parcel as identified in the field and the setback established in the
AER Directive 079 (a minimum 5 m radius around the well) in relation to existing or proposed building sites.
If there is an abandoned well located in the area of the proposed surface development, the applicant is advised to
contact the well licensee of record for any additional information that may be needed or to physically locate the well,
and to discuss the proposed development and abandoned well issue in more detail.
Page 4 of 5
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Development Permit. I also consent to an authorized person designated by the municipality
to enter upon the subject land and buildings for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on
file by those agencies. The application and related file contents will become available to the public and are subject to the
provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
APPLICANT SIGNATURE
REGISTERED OWNER SIGNATURE
(if not the same as applicant)
TERMS
1.
Subject to the provisions of Land Use Bylaw No. 538-12 of the Village of Warner, the term "development" includes any
change in the use, or intensity of use, of buildings or land.
2.
The Development Officer may deem a development permit application incomplete if any of the application
requirements are incomplete or the quality of the information is deemed inadequate to properly evaluate the
application.
3.
Although the Development Officer is in a position to advise applicants of the process and requirements of the
development application, such advice must not be taken as official consent, and is without prejudice to the decision in
connection with the formal application.
4.
Any development started before the issuance of a development permit and expiration of the appeal period is at the
applicant's own risk.
5.
If a decision is not made within 40 days from the date the application is deemed complete, or within such longer
period as the applicant may approve in writing, the applicant may deem the application to be refused and the
applicant may exercise his right of appeal as though he had been mailed a refusal at the end of the 40-day period.
6.
A development permit does not constitute a building permit or approval from any provincial or federal department.
Construction undertaken subsequent to approval of this development permit application may be regulated by the
Alberta Safety Codes. The applicant/owner/developer assumes all responsibilities pertaining to construction plan
submissions, approval and inspections as may be required by the appropriate provincial body. The applicant is
responsible for determining and obtaining any other applicable provincial and federal approvals prior to
commencement.
Page 5 of 5
DEVELOPMENT APPLICATION SUBMISSION REQUIREMENTS
The following items shall be attached to all Development Permit Applications. This is not an exhaustive list and the
Development Officer may request additional information that is required to assess the application.
Copy of Site Plan. Site plan shall provide the following information:
(May be provided on a survey plan or a sketch on the following page)
Legal description and municipal address of subject property
Scale, north arrow and land use district
Adjacent roadways and lanes
Lot dimensions, lot area, and percentage of lot coverage for all structures
Existing and proposed buildings with dimensions of foundation and projections
The proposed distance from the front, side, and rear property lines
Location of lot access, existing sidewalk(s) and curbs
Location of fire hydrant, street light, power/telephone/cable pedestal(s) (if located within property
frontage)
Location of any registered utility rights-of-way and easements
Landscaping plan
Lighting plan
Number and location of parking spaces, both on and off-street
Map or additional information from the AER regarding location of abandoned wells.
If applicant is not the registered owner, a written statement (or this application) signed by the registered owner
consenting to this application.
Application Fee Payable to the Village of Warner.
V I L L A G E O F W A R N E R
N O N - R E S I D E N T I A L D E V E L O P M E N T P E R M I T A P P L I C A T I O N
Page 1 of 3
Date of Application:
Development Permit
Application No.
Date Deemed Complete:
IMPORTANT NOTICE: This application does not permit you to operate the business until such time as a notice of decision has been issued
by the Development Authority. If a decision has not been received within 40 days of the date of application and no extension agreement
has been entered into, you have the right to deem the application refused and file an appeal to the Subdivision and Development Appeal
Board.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
Email:
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Mailing Address:
Phone:
Phone (alternate):
Email:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other
PROPERTY INFORMATION
Municipal Address of
Home Occupation:
Legal Description:
Lot(s)
Block
Plan
V I L L A G E O F W A R N E R
H O M E O C C U P A T I O N
D E V E L O P M E N T P E R M I T A P P L I C A T I O N
IF "NO" please complete box below
Page 2 of 3
BUSINESS DESCRIPTION
(1) Are you applying for:
Home Occupation A
Home Occupation B
Describe the primary function of your business. What goods and/or services are provided? Attach an
additional sheet if needed.
(2) Is there another home occupation already operating out of the residence?
Yes
No
(3) Where will the business operate from?
In-home
Accessory building
(4) How will you interact or do business with your clients or customers?
In person. Clients/customers will come to the residence. On average, how many clients will come to the
residence?
Less than 1 per day
1-5 per day
More than 5 per day
Remotely. Clients/customers will not be coming to the residence but will only be in contact by:
Phone
Fax
Mail
Courier
Internet/Email
(5) How many on-site parking spaces for any client visits, deliveries, etc. will be available?
(6) What will the days of operation be?
Mon-Fri
Weekends
7 days/wk
Part-time
(7) What will be the hours of operation?
(8) Will there be any employees that are not residents of the dwelling?
Yes
No
If YES explain:
(9) Will there be any equipment or materials stored outside the dwelling that will be used in conjunction with
the business?
Yes (list materials & quantities)
No
(10) Will any vehicles/machinery/tools be used to operate the business? Please list.
(12) Will there be a sign for the business?
Yes
No
(11) Will any goods be displayed at the residence?
Yes
No
Page 3 of 3
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Home Occupation. I also consent to an authorized person designated by the municipality to
enter upon the subject land and buildings for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on
file by those agencies. The application and related file contents will become available to the public and are subject to the
provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
APPLICANT SIGNATURE
REGISTERED OWNER SIGNATURE
(if not the same as applicant)
DEFINITIONS
Home Occupation means an occupation, trade, profession or craft carried on by an occupant of a dwelling unit as a use
secondary to the residential use of the lot, and which does not change the character thereof, result in any exterior evidence
of such secondary use, or involve hazardous or noxious materials or uses. Uses such as tire shops, auto body repair,
sandblasting, and spray booths are not home occupations.
Home Occupation A means a small-scale, home occupation contained within the principal dwelling involving:
(a) phone and office use only,
(b) no outdoor storage and/or display of goods,
(c) no customer/client visits to the residence, and
(d) no non-resident employees.
Home Occupation B means all other home occupations shall be classified as a Home Occupation B and may involve:
(a) the use of a principal structure, garage and/or accessory structure;
(b) limited outdoor storage provided that it is screened from view and/or display of goods within the residence, garage or
accessory structure;
(c) limited volume of on-premises sales;
(d) limited customer/client visits;
(e) a maximum of one non-resident employee (i.e., someone who does not live at the home in which the business is
operated).
Page 1 of 3
Date of Application:
Sign Permit
Application No.
Date Deemed Complete:
IMPORTANT NOTICE: This application does not permit you to install the sign until such time as a notice of decision has been issued by the
Development Authority. If a decision has not been received within 40 days of the date of application and no extension agreement has
been entered into, you have the right to deem the application refused and file an appeal to the Subdivision and Development Appeal
Board.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
Email:
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Mailing Address:
Phone:
Phone (alternate):
Email:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other
V I L L A G E O F W A R N E R
S I G N A P P L I C A T I O N
DEVELOPMENT PERMIT
IF "NO" please complete box below
Page 2 of 3
SIGN INFORMATION
TYPE OF WORK:
New Permanent Sign
Changes to Existing Sign
Temporary Sign
Sign Location (Civic Address):
Legal Description:
Lot(s)
Block
Plan
Are there any other signs at this location?
Yes
No
If yes, please state how many:
______________________
SIGN TYPE*:
Temporary
Canopy
Window
Freestanding
Fascia
Mural
Projecting
Other (specify) __________
*Billboard signs are not permitted in the
Village
SIGN STYLE:
Mark any or all that apply
Lettering / logo
Manual changeable lettering
content
Electronic changeable
lettering content
Animation
Movement / rotation
ILLUMINATION:
Mark any or all that apply
No illumination
Direct illumination
Internal illumination
Office Use
Length of Sign:
m2
ft2
Height of Sign:
m2
ft2
Sign Face Area (length x height):
m
ft
Top of Sign Height:
from Grade:
m
ft
from Roof:
m
ft
If the sign is temporary:
How many days is the sign proposed to be displayed?
_____________ days
SITE PLAN
**Please attach a plan drawn to a suitable scale and photographs, if available, illustrating:
Location of all existing and proposed sign(s) on the property
Size, height, and other dimensions of the proposed sign(s), including any supporting structures
Details of sign content (wording, lettering, graphics, colour and design scheme, materials, etc.)
Location of the property boundaries of the parcel upon which the proposed sign(s) are to be located
Setbacks from property lines of proposed sign(s) and existing building(s)
Page 3 of 3
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Sign Development Permit. I also consent to an authorized person designated by the
municipality to enter upon the subject land and buildings for the purpose of an inspection during the process of this
application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on
file by those agencies. The application and related file contents will become available to the public and are subject to the
provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
APPLICANT SIGNATURE
REGISTERED OWNER SIGNATURE (if not the same as
applicant)
Page 1 of 3
A refusal is not appealable and a subsequent application for amendment involving the same lot and/or the same or
similar use may not be made for at least 6 months after the date of refusal.
V I L L A G E O F W A R N E R
A P P L I C A T I O N F O R A
L A N D U S E B Y L A W A M E N D M E N T
Date of Application:
Bylaw No.
IMPORTANT NOTE: Although the Development Officer is in a position to advise on the principle or details of any proposals,
such advice must not be taken in any way as official consent.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
Email:
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Mailing Address:
Phone:
Phone (alternate):
Email:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other
PROPERTY INFORMATION
Municipal Address:
Legal Description:
Lot(s)
Block
Plan
IF "NO" please complete box below
Page 2 of 3
AMENDMENT INFORMATION
What is the proposed amendment?
Text Amendment
Land Use Redesignation
For text amendments to the Land Use Bylaw, attach a description including:
-
The section to be amended;
-
The change(s) to the text; and
-
Reasons for the change(s).
Current Land Use Designation:
Proposed Land Use Designation
(if applicable):
Section 47 of the Land Use Bylaw regulates the information required to accompany an application for redesignation. Please
attach a descriptive narrative detailing:
-
the proposed designation and future land use(s);
-
if and how the proposed redesignation is consistent with applicable statutory plans;
-
the compatibility of the proposal with surrounding uses and zoning;
-
the development suitability or potential of the site, including identification of any constraints and/or hazard
areas (e.g. easements, soil conditions, topography, drainage, etc.);
-
availability of facilities and services (sewage disposal, domestic water, gas, electricity, fire and police
protection, schools, etc.) to serve the subject property while maintaining adequate levels of service to existing
development; and
-
any potential impacts on public roads.
In addition to the descriptive narrative, an Area Structure Plan or Conceptual Design Scheme may be required in
conjunction with this application if involving:
-
industrial development;
-
large-scale commercial development;
-
manufactured home park;
-
multi-lot residential development which has the potential to trigger capacity upgrades or expansion of
infrastructure; or
-
as required by Council.
If deemed necessary, the Development Officer or the Municipal Planning Commission may also require a:
-
geotechnical report; and/or
-
evaluation of surface drainage and any other information.
IF TEXT AMENDMENT:
IF LAND USE REDESIGNATION:
Page 3 of 3
SITE PLAN
Plans and drawings, in sufficient detail to enable adequate consideration of the application, must be submitted with this
application, together with a plan sufficient to identify the land. It is desirable that the plans and drawings should be on a
scale appropriate to the development. However, unless otherwise stipulated, it is not necessary for plans and drawings to
be professionally prepared. Council may request additional information.
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Land Use Bylaw Amendment. I also consent to an authorized person designated by the
municipality to enter upon the subject land and buildings for the purpose of an inspection during the processing of this
application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on
file by those agencies. The application and related file contents will become available to the public and are subject to the
provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
APPLICANT SIGNATURE
REGISTERED OWNER SIGNATURE (if not the same as
applicant)
Page 1 of 4
Date of Application:
APPLICANT INFORMATION
Name of Applicant
(please print):
Phone (primary):
Mailing Address:
Phone (alternate):
Fax:
Email:
Check this box if you would like to
receive documents through email.
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Mailing Address:
Phone:
Phone (alternate):
Email:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other
PROPERTY INFORMATION
Municipal Address:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
What is the existing use?
V I L L A G E O F W a r n e r
T E L E C O M M U N I C A T I O N S I T I N G
P R O T O C O L A P P L I C A T I O N & C H E C K L I S T
IF "NO" please complete box below
Page 2 of 4
DETAILS OF THE PROPOSED DEVELOPMENT
What currently exists on the parcel?
What will the tower be used for?
TOWER SIZE
Overall tower height ___________________ m ft
Commencement Date: ___________________
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Telecommunication Siting permit. I also consent to an authorized person designated by the
municipality to enter upon the subject land and buildings for the purpose of an inspection during the processing of this
application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on
file by those agencies. The application and related file contents will become available to the public and are subject to the
provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
APPLICANT SIGNATURE
REGISTERED OWNER SIGNATURE (if not the same as
applicant)
Page 3 of 4
V I L L A G E O F W A R N E R
T E L E C O M M U N I C A T I O N S I T I N G
P R O T O C O L A P P L I C A T I O N & C H E C K L I S T
TELECOMMUNICATION SITING PROTOCOL CHECKLIST
A COMPLETED APPLICATION REQUIRES:
1. A completed application and checklist
2. Non-refundable application fee
3. Any additional information requested by the Development Authority
CHECKLIST INFORMATION:
-
Failure to complete the Application or supply the required information, plans or fees may cause delays
in application processing.
-
The Development Authority may refuse to accept your application if the required information has not
been supplied or if the quality of the information is inadequate to properly evaluate the application.
-
Once the information has been reviewed, the Village of Warner will either:
o Issue a municipal concurrence letter to the applicant, or
o Issue a letter which outlines the municipality's concerns and/or conditions to the applicant and
Industry Canada.
-
Construction permits may be required for buildings/tower foundations, plumbing, private sewage
systems, and gas or electrical installations.
FEES
Copying and distribution of required notification letters
$1.50/letter
Payment required for
distribution of letters will
be the application fee
Distribution of required notification letters
$1.00/letter
If the applicant can prove that notification to all required adjacent landowners has been done, then no fee is required.
For fees not listed here, please see the full Fee Schedule
Page 4 of 4
CHECKLIST
Please attach a description of the project summarizing the information required in the following table.
REQUIREMENT
IS THIS REQUIRED?
YES OR NO
SUBMITTED?
YES, NO OR N/A
Co-utilization:
Are there any other such structures within a radius of 500 m
(1640 ft) of the proposed location?
If YES, please provide a site plan showing the locations of
these and provide documentary evidence that co-
utilization of the existing structure(s) is not a viable
alternative to a second structure.
Stealth Structure Options/Screening:
If this structure will be visible from residential areas stealth
structure options should be consolidated and a description of
the stealth structure options submitted to the satisfaction of
the Village.
Lighting and Signage:
Is there additional lighting planned in addition to what is
required by federal agencies? Please provide a description of
all lighting, required or not required.
What signage will be used? Please describe. No advertising
signage shall be permitted.
Notification & Public Consultation Process:
All landowners within a distance of 500 m (1640 ft) from the
proposed structure must be notified. Please provide a letter
that the Village can circulate on your behalf.
The fee for copying and distributing these letters is
$1.50/letter.
_______ x $1.50/letter = ______ total
The fee for only distributing these letters is $1.00/letter.
_______ x $1.00/letter = ______ total
APPENDIX B - Fee Schedule
APPENDIX B
VILLAGE OF WARNER
FEE SCHEDULE
1.
The following fees shall accompany all applications for developments made with respect to the
Village of Warner Land Use Bylaw.
(a) Residential
Single-family homes ................................................................................................
$50.00
Modular homes .......................................................................................................
$50.00
Mobile homes (new or used) ..................................................................................
$50.00
Residential additions ...............................................................................................
$50.00
Home occupations ...................................................................................................
$50.00
Special residential uses including half-way houses, group homes,
day care, nursing homes, etc. ...............................................................................
$50.00
(b) Commercial, including government office buildings
Car lots, trailer sales, parking garages, etc. ............................................................. $150.00
Commercial buildings:
less than 465 m (5,000 ft2) ............................................................................... $150.00
465 - 1,858 m (5,000 - 20,000 ft2) .................................................................... $200.00
1,859 - 4,645 m (20,001 - 50,000 ft2) ............................................................... $350.00
Shopping centres, high rise buildings, and major commercial applications
in excess of 4,645 m (50,000 ft2) ............................................................................. $550.00
(c) Industrial
Industrial and warehouse buildings:
less than 465 m (5,000 ft2) ............................................................................... $150.00
465 - 1,858 m (5,000 - 20,000 ft2) .................................................................... $200.00
1,859 - 4,645 m (20,001 - 50,000 ft2) ............................................................... $250.00
Multi-tenancy industrial buildings or complexes exceeding
4,645 m (50,000 ft2) ................................................................................................. $350.00
(d) Miscellaneous
Public service buildings such as churches, schools, auditoriums,
fire halls, police stations, etc.:
under 929 m (10,000 ft2) .................................................................................
$50.00
929 m (10,000 ft2) and over ............................................................................. $100.00
Sign permits (including home occupations) ............................................................
$50.00
Letters of compliance ..............................................................................................
$50.00
Land use bylaw amendments ..................................................................................
$50.00
Notification Fee ...............................................................................................
$50.00
Advertising ....................................................................................................... $100.00
Request to convene a special meeting of the Subdivision and
Development Authority ........................................................................................... $100.00
Appeal to the Subdivision and Development Appeal Board
(may be refundable) ................................................................................................ $100.00
Certificate of Title ....................................................................................................
$40.00
2.
Where the permit fees are on a graduated scale, as shown above for residential, commercial,
industrial and miscellaneous uses, the said fees shall be based exclusively on the category into which
the proposed development falls.
3.
Whenever an application is received for a development for a use not listed in this schedule, the
amount of the fee shall be determined by the development officer or the Municipal Planning
Commission and shall be consistent with those fees listed herein for similar developments.
4.
Whenever, pursuant to the provisions of this bylaw, an application for discretionary use will require
notification of any persons who may be affected by the development, the applicant shall pay, in
addition to any fee specified in this schedule, an additional fee of $50.00 to cover costs of notification.
5.
Whenever, in the opinion of the Development Officer, an application is substantially revised after it
has been submitted, the applicant shall pay a supplementary fee equal to 50 percent of the initial
application fee. Such a supplementary fee shall not be required if changes suggested by the
Development Officer or the Municipal Planning Commission resulted in the revisions.
6.
Where a development has been commenced prior to a development application being submitted, or
where a stop order has been issued pursuant to the land use bylaw, the fee for any subsequent
application for that development shall be twice the amount specified in this schedule for that use.
Note: The Fee Schedule may be amended from time to time by resolution of Council.
Received Council Approval on December 20, 2023 - Bylaw 621-23
(effective January 1, 2024)
APPENDIX C - Subdivision and Development Authority /
Municipal Planning Commission Bylaw
Appendix C