Zoning Bylaw No. 2018-06

Warman, Saskatchewan

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Page i City of Warman Zoning Bylaw No. 2018-06 Page ii Page iii CITY OF WARMAN BYLAW NO. 2018-06 A Bylaw of the City of Warman to adopt a Zoning Bylaw. Whereas the Council of the City of Warman has, by resolution authorized the preparation of a Zoning Bylaw pursuant to Section 67 of The Planning and Development Act, 2007; And Whereas, The Planning and Development Act, 2007, provides that Council may, by bylaw, adopt a Zoning Bylaw; Therefore, the Council of the City of Warman in the Province of Saskatchewan, in open meeting hereby enacts as follows: 1. That Bylaw No. 2006-11 and all amendments thereto are hereby repealed. 2. This Bylaw may be cited as the "City of Warman Zoning Bylaw". 3. "The Zoning Bylaw" of the City of Warman is attached and forms part of this Bylaw. 4. This Bylaw shall come into force on the date of final approval by the Minister of Government Relations. _______________________ MAYOR Sheryl Spence SEAL ________________________ City Clerk Adopted by Council on the 20 day of August, 2018. Page iv Page v CITY OF WARMAN ZONING BYLAW No. 2018-06 Page vi TABLE OF CONTENTS 1. INTRODUCTION ....................................................................................................................................... 11 1.1 TITLE ............................................................................................................................................... 11 1.2 PURPOSE .......................................................................................................................................... 11 1.3 SCOPE .............................................................................................................................................. 11 1.4 SEVERABILITY ................................................................................................................................. 11 2. DEFINITIONS ............................................................................................................................................ 11 3. ADMINISTRATION................................................................................................................................... 26 3.1 DEVELOPMENT OFFICER .................................................................................................................. 26 3.2 DEVELOPMENT PERMIT ................................................................................................................... 26 3.3 APPLICATION FOR A DEVELOPMENT PERMIT ................................................................................... 26 3.4 REVIEW OF APPLICATIONS ............................................................................................................... 27 3.5 DECISION ......................................................................................................................................... 27 3.6 REVOCATION OF DECISION .............................................................................................................. 27 3.7 DEVELOPMENT APPEALS ................................................................................................................. 27 3.8 ADVERTISING OF A DISCRETIONARY USE ........................................................................................ 28 3.9 APPLICATION FEES .......................................................................................................................... 28 3.10 ENFORCEMENT, OFFENCES AND PENALTIES .................................................................................... 28 3.11 MINOR VARIANCES TO THE ZONING BYLAW ................................................................................... 29 4. GENERAL REGULATIONS ..................................................................................................................... 31 4.1 ALL ZONING DISTRICTS ................................................................................................................... 31 4.1.1 Licenses, Permits, and Compliance with Other Bylaws ...................................... 31 4.1.2 Existing Buildings ................................................................................................. 31 4.1.3 Building Lines ....................................................................................................... 31 4.1.4 Number of Principal Buildings Permitted on a Lot ............................................... 31 4.1.5 Building to be Moved ........................................................................................... 31 4.1.6 Demolition of Buildings ........................................................................................ 32 4.1.7 Grading and Levelling of a Lot ............................................................................. 32 4.1.8 Site Development ................................................................................................. 32 4.1.9 Waste Disposal .................................................................................................... 32 4.1.10 Non-Conforming Uses and Non-Conforming Buildings ....................................... 33 4.1.11 Non-Conforming Structures and Lots and Metric Conversion ............................. 33 4.1.12 Geotechnical Analysis Required .......................................................................... 33 4.1.13 ELEMENTARY AND HIGH SCHOOLS ............................................................... 33 The following requirements shall apply to the construction of new public and private elementary and high schools or to any addition with a design capacity of 100 or more students to an existing school. ................................................................... 33 4.1.14 Satellite Dish, Radio Tower or Television Antenna for Personal Use .................. 35 4.1.15 Storage of Vehicles in Residential Areas ............................................................. 35 4.1.16 Trailer Coaches .................................................................................................... 36 4.1.17 Buildings or Uses Occupying More Than One Lot ............................................... 36 4.2 RESIDENTIAL DISTRICTS .................................................................................................................. 36 4.2.1 Projections in Yards ............................................................................................. 36 4.2.2 Accessory Uses, Buildings, and Structures ......................................................... 37 4.2.3 Secondary Suites ................................................................................................. 38 4.2.4 Fences and Hedges ............................................................................................. 39 4.2.5 Landscaping ......................................................................................................... 39 4.2.6 Storage ................................................................................................................. 40 4.2.7 Private Swimming Pools and Hot Tubs ............................................................... 40 4.2.8 Prefabricated Homes ........................................................................................... 40 Page vii 4.3 COMMERCIAL AND INDUSTRIAL DISTRICTS ..................................................................................... 42 4.3.1 Accessory Uses, Buildings, and Structures ......................................................... 42 4.3.2 Projections in Yards ............................................................................................. 42 4.3.3 Fences and Hedges ............................................................................................. 42 4.3.4 Landscaping and Screening ................................................................................ 43 4.3.5 Garbage Enclosures ............................................................................................ 43 4.3.6 Entrances and Exits for Vehicles ......................................................................... 44 4.3.7 Noise Attenuation ................................................................................................. 44 4.3.8 Exterior Lighting ................................................................................................... 44 5. SPECIAL PROVISIONS ............................................................................................................................ 45 5.1 DEVELOPMENT STANDARDS - DISCRETIONARY USES ..................................................................... 45 5.2 BED AND BREAKFAST LODGING ...................................................................................................... 45 5.3 HOME OCCUPATIONS ....................................................................................................................... 45 5.4 SERVICE STATIONS AND GAS BARS ................................................................................................. 47 5.5 PERSONAL CARE HOMES ................................................................................................................. 47 5.6 BARE LAND CONDOMINIUM PLANS ................................................................................................. 48 5.7 TEMPORARY DEVELOPMENT ........................................................................................................... 48 6. SIGN REGULATIONS ............................................................................................................................... 50 6.1 DEFINITIONS .................................................................................................................................... 50 6.2 THE NEED FOR A SIGN PERMIT ........................................................................................................ 51 6.3 GENERAL REGULATIONS ................................................................................................................. 53 6.4 CONTRAVENTIONS OF THE SIGN REGULATIONS OFFENCES AND PENALTIES .................................... 54 6.5 REMOVAL OR REPAIR OF SIGNS ....................................................................................................... 54 6.6 SIGN REGULATIONS FOR RESIDENTIAL DISTRICTS ........................................................................... 54 6.7 SIGN REGULATIONS FOR COMMERCIAL AND INDUSTRIAL DISTRICTS .............................................. 54 6.7.1 General Regulations ............................................................................................ 55 6.7.2 Animated and Illuminated Signs .......................................................................... 55 6.7.3 Freestanding Signs: ............................................................................................. 55 6.7.4 Portable Signs: ..................................................................................................... 56 6.7.5 Wall signs: ............................................................................................................ 57 6.8 SIGNS PERMITTED AT COUNCIL'S DISCRETION................................................................................. 58 6.8.1 Billboard Signs ..................................................................................................... 58 6.8.2 Community Signs ................................................................................................. 58 7. OFF-STREET PARKING AND LOADING REGULATIONS .............................................................. 60 7.1 GENERAL REGULATIONS ................................................................................................................. 60 7.2 OFF-STREET PARKING ..................................................................................................................... 60 7.3 PARKING SPACE AND MANEUVERING AISLE DIMENSIONS ............................................................... 62 7.4 PAYMENT OF CASH-IN-LIEU OF REQUIRED OFF-STREET PARKING .................................................. 64 7.5 OFF-STREET LOADING ..................................................................................................................... 64 8. ZONING DISTRICTS AND ZONING MAP ........................................................................................... 66 8.1 CLASSIFICATION OF ZONING DISTRICTS .......................................................................................... 66 8.2 THE ZONING DISTRICT MAP ............................................................................................................ 66 8.3 BOUNDARIES OF ZONING DISTRICTS ................................................................................................ 66 8.4 ZONING DISTRICT SCHEDULES ........................................................................................................ 66 9. ZONING DISTRICT SCHEDULES ......................................................................................................... 67 9.1 R1 - RESIDENTIAL DISTRICT - THE PURPOSE OF THIS DISTRICT IS TO PROVIDE AN AREA FOR RESIDENTIAL DEVELOPMENT COMPRISED OF PRIMARILY SINGLE-DETACHED DWELLINGS ALONG WITH COMPATIBLE COMMUNITY SERVICE AND PUBLIC WORK USES. ................................................ 67 9.1.1 Permitted Uses..................................................................................................... 67 Page viii 9.1.2 Discretionary Uses ............................................................................................... 67 9.1.3 Accessory Uses ................................................................................................... 67 9.1.4 Regulations .......................................................................................................... 67 9.1.5 Development Standards for Personal Care Homes............................................. 67 9.1.6 Signs .................................................................................................................... 67 9.1.7 Storage ................................................................................................................. 67 R2 - RESIDENTIAL DISTRICT - THE PURPOSE OF THIS DISTRICT IS TO PROVIDE AN AREA FOR A BROADER RANGE OF DENSITIES OF RESIDENTIAL DEVELOPMENT ALONG WITH THE OPPORTUNITY FOR SMALLER RESIDENTIAL LOTS AND COMPATIBLE COMMUNITY SERVICE AND PUBLIC WORKS USES. .................. 69 9.1.8 Permitted Uses..................................................................................................... 69 9.1.9 Discretionary Uses ............................................................................................... 69 9.1.10 Accessory Uses ................................................................................................... 69 9.1.11 Regulations .......................................................................................................... 69 9.1.12 Development Standards for Personal Care Homes............................................. 70 9.1.13 Signs .................................................................................................................... 70 9.1.14 Storage ................................................................................................................. 70 9.2 R2-T - RESIDENTIAL DISTRICT - THE PURPOSE OF THIS DISTRICT IS TO PROVIDE AN AREA FOR HOUSING ON NARROWER LOTS THAN CONVENTIONAL HOUSING WITH A TRADITIONAL NEIGHBOURHOOD DESIGN OBJECTIVE. ............................................................................................. 73 9.2.1 Permitted Uses..................................................................................................... 74 9.2.2 Discretionary Uses ............................................................................................... 74 9.2.3 Accessory Uses ................................................................................................... 74 9.2.4 Regulations .......................................................................................................... 74 9.2.5 Signs .................................................................................................................... 74 9.2.6 Storage ................................................................................................................. 74 9.3 R3 - RESIDENTIAL DISTRICT - THE PURPOSE OF THIS DISTRICT IS TO PROVIDE AN AREA FOR HIGHER DENSITY RESIDENTIAL DEVELOPMENT OF MULTIPLE HOUSING TYPES INCLUDING SEMI-DETACHED DWELLINGS, DUPLEX DWELLINGS AND MULTIPLE UNIT DWELLINGS INCLUDING TOWNHOUSES AND LOW-RISE APARTMENT STYLE DEVELOPMENTS. ............................................................................... 77 9.3.1 Permitted Uses..................................................................................................... 77 9.3.2 Discretionary Uses ............................................................................................... 77 9.3.3 Accessory Uses ................................................................................................... 77 9.3.4 Regulations .......................................................................................................... 77 9.3.5 Signs .................................................................................................................... 78 9.3.6 Storage ................................................................................................................. 78 9.4 R4 - RESIDENTIAL DISTRICT - THE PURPOSE OF THIS DISTRICT IS TO PROVIDE AN AREA FOR MANUFACTURED HOUSING IN SUBDIVISIONS AND PARKS OR COURTS. .............................................. 82 9.4.1 Permitted Uses..................................................................................................... 82 9.4.2 Discretionary Uses ............................................................................................... 82 9.4.3 Accessory Uses ................................................................................................... 82 9.4.4 Regulations .......................................................................................................... 82 9.5 CS - COMMUNITY SERVICE DISTRICT - THE PURPOSE OF THIS DISTRICT IS TO PROVIDE FOR AND REGULATE DEVELOPMENT OF INSTITUTIONAL, RECREATIONAL AND OTHER COMMUNITY SERVICE USES. ................................................................................................................................................ 86 9.5.1 Permitted Uses..................................................................................................... 86 9.5.2 Accessory Uses ................................................................................................... 86 9.5.3 Regulations .......................................................................................................... 86 9.5.4 Signs .................................................................................................................... 86 9.5.5 Storage ................................................................................................................. 86 9.6 C1 - CENTRAL BUSINESS COMMERCIAL DISTRICT - THE PURPOSE OF THIS DISTRICT IS TO PROVIDE A CONCENTRATED AREA FOR RETAIL COMMERCIAL USES, OFFICES, FINANCIAL INSTITUTIONS, PERSONAL SERVICES, AS WELL AS APPROPRIATE CULTURAL AND RECREATIONAL FACILITIES. THE USES ALLOWED IN THIS DISTRICT WILL GENERALLY REQUIRE SMALLER SITES AS COMPARED WITH GENERAL COMMERCIAL USES. .......................................................................................................... 89 9.6.1 Permitted Uses..................................................................................................... 89 9.6.2 Discretionary Uses ............................................................................................... 89 Page ix 9.6.3 Accessory Uses ................................................................................................... 90 9.6.4 Regulations .......................................................................................................... 90 9.6.5 Additional Regulations ......................................................................................... 91 9.6.6 Landscaping and Screening ................................................................................ 91 9.6.7 Signs .................................................................................................................... 91 9.7 C2- SHOPPING CENTRE COMMERCIAL DISTRICT - THE PURPOSE OF THIS ZONING DISTRICT IS TO PROVIDE FOR THE DEVELOPMENT OF LARGER SHOPPING CENTRES WITH A DIVERSITY OF COMMERCIAL USES. ......................................................................................................................... 92 9.7.1 Permitted Uses..................................................................................................... 92 9.7.2 Discretionary Uses ............................................................................................... 92 9.7.3 Accessory Uses ................................................................................................... 93 9.7.4 Regulations .......................................................................................................... 93 9.7.5 Additional Regulations ......................................................................................... 94 9.7.6 Landscaping and Screening ................................................................................ 94 9.7.7 Signs .................................................................................................................... 95 9.8 C3M - COMMERCIAL INDUSTRIAL DISTRICT - THE PURPOSE OF THIS DISTRICT IS TO ALLOW FOR THE DEVELOPMENT OF COMMERCIAL AND LIGHT INDUSTRIAL DEVELOPMENTS THAT REQUIRE A VARIETY OF SITE SIZES, SPECIALIZING IN USES NOT CONFLICTING WITH OTHER AREAS OF THE CITY. THESE BUSINESSES OR LIGHT INDUSTRIAL ACTIVITIES WILL NOT CREATE LAND USE CONFLICTS OR NUISANCE CONDITIONS DURING THE NORMAL COURSE OF THEIR OPERATIONS. TO PROVIDE FLEXIBILITY, SOME RESIDENTIAL USES MAY BE ALLOWED AS A DISCRETIONARY USE. ..................... 96 9.8.1 Permitted Uses..................................................................................................... 96 9.8.2 Discretionary Uses ............................................................................................... 96 9.8.3 Accessory Uses ................................................................................................... 97 9.8.4 Regulations .......................................................................................................... 97 9.8.5 Additional Regulations ......................................................................................... 97 9.8.6 Landscaping and Screening ................................................................................ 98 9.8.7 Signs .................................................................................................................... 98 9.9 M1 - LIGHT INDUSTRIAL DISTRICT - THE PURPOSE OF THIS DISTRICT IS TO ACCOMMODATE INDUSTRIAL USES THAT WILL NOT CREATE UNACCEPTABLE LEVELS OF CONFLICT IN TERMS OF EMISSION OF NOISE, GLARE, DUST OR ODOUR, WHICH WOULD BE DISRUPTIVE TO THE SURROUNDING LAND USES. ...................................................................................................................................... 99 9.9.1 Permitted Uses..................................................................................................... 99 9.9.2 Discretionary Uses ............................................................................................... 99 9.9.3 Accessory Uses ................................................................................................. 100 9.9.4 Regulations ........................................................................................................ 100 9.9.5 Signs .................................................................................................................. 100 9.9.6 Performance Standards ..................................................................................... 101 9.10 M2 - HEAVY INDUSTRIAL DISTRICT - THE PURPOSE OF THIS DISTRICT IS TO ACCOMMODATE INDUSTRIAL USES THAT MAY PRODUCE CONFLICT IN TERMS OF EMISSION OF NOISE, GLARE, DUST OR ODOUR, WHICH WOULD BE DISRUPTIVE TO RESIDENTIAL LAND USES. THESE USES WOULD NORMALLY BE LOCATED AT A GREATER PROXIMITY FROM RESIDENTIAL AREAS TO REDUCE ANY POTENTIAL CONFLICT. LIGHT INDUSTRIAL USES ARE ALSO ACCOMMODATED IN THIS DISTRICT. ... 101 9.10.1 Permitted Uses................................................................................................... 102 9.10.2 Discretionary Uses ............................................................................................. 102 9.10.3 Accessory Uses ................................................................................................. 102 9.10.4 Regulations ........................................................................................................ 102 9.10.5 Signs .................................................................................................................. 103 9.10.6 Shipping Container Regulations ........................................................................ 103 9.10.7 Performance Standards ..................................................................................... 103 9.11 M3 - DRY INDUSTRIAL DISTRICT - THE PURPOSE OF THIS DISTRICT IS TO ACCOMMODATE USES THAT DO NOT REQUIRE THE NEED FOR INFRASTRUCTURE SERVICES SUCH AS POTABLE WATER AND SEWER COLLECTION AND THAT ARE SUITABLE FOR THE INTENDED SITE. ....................................... 105 9.11.1 Permitted Uses................................................................................................... 105 9.11.2 Discretionary Uses ............................................................................................. 105 Page x 9.11.3 Accessory Uses ................................................................................................. 105 9.11.4 Regulations ........................................................................................................ 105 9.11.5 Signs .................................................................................................................. 105 9.12 UH - URBAN HOLDINGS DISTRICT - THE PURPOSE OF THIS DISTRICT IS TO RETAIN LAND AREAS FOR FUTURE URBAN GROWTH IN ACCORDANCE WITH THE DEVELOPMENT PLAN. ................................. 107 9.12.1 Permitted Uses................................................................................................... 107 9.12.2 Discretionary Uses ............................................................................................. 107 9.12.3 Accessory Uses ................................................................................................. 107 9.12.4 Regulations ........................................................................................................ 107 9.13 DC - DIRECT CONTROL DISTRICT - THE PURPOSE OF THIS DISTRICT IS TO AFFORD COUNCIL THE OPPORTUNITY TO ADDRESS AND PROVIDE FOR DEVELOPMENTS THAT, DUE TO THEIR UNIQUE CHARACTERISTICS, HISTORICAL SIGNIFICANCE, INNOVATIVE IDEAS OR UNUSUAL SITE CONSTRAINTS, REQUIRE SPECIFIC REGULATIONS UNAVAILABLE IN THE OTHER LAND USE DISTRICTS OF THIS BYLAW. THE PURPOSE OF THIS DISTRICT IS NOT TO SUBSTITUTE FOR ANOTHER DISTRICT WHICH COULD BE USED TO ACHIEVE THE SAME RESULT. ............................................................................................ 109 9.13.1 Permitted Uses................................................................................................... 109 9.13.2 Discretionary Uses ............................................................................................. 109 9.13.3 Application .......................................................................................................... 109 9.13.4 Approval ............................................................................................................. 109 9.14 DC-M - DIRECT CONTROL INDUSTRIAL DISTRICT - THE PURPOSE OF THIS DISTRICT IS TO PROVIDE AN AREA FOR DEVELOPMENT OF A BROAD RANGE OF INDUSTRIAL USES TO BE APPROVED AT COUNCIL'S DISCRETION. ................................................................................................................ 111 9.14.1 Permitted Uses................................................................................................... 111 9.14.2 Discretionary Uses ............................................................................................. 111 9.14.3 Accessory Uses ................................................................................................. 111 9.14.4 Regulations ........................................................................................................ 111 9.14.5 Signs .................................................................................................................. 111 10. OVERLAY ZONING DISTRICT SCHEDULES................................................................................... 112 10.1 AC - ARCHITECTURAL CONTROL OVERLAY DISTRICT - THE PURPOSE OF THIS DISTRICT IS TO PROVIDE APPROPRIATE DEVELOPMENT STANDARDS IN ORDER TO PRESERVE THE PHYSICAL CHARACTER OF AN AREA OR TO PROMOTE A SELECTED THEME FOR AN AREA. .. ERROR! BOOKMARK NOT DEFINED. 10.1.1 Development Requirements .................................. Error! Bookmark not defined. City of Warman Zoning Bylaw No. 2018-06 11 1. INTRODUCTION Under the authority granted by The Planning and Development Act, 2007 or a successor thereto, the Council of the City of Warman, in the Province of Saskatchewan, in open meeting hereby enacts as follows: 1.1 Title This bylaw shall be known and may be cited as the "Zoning Bylaw" of the City of Warman. 1.2 Purpose The purpose of this bylaw is to regulate development in the City of Warman to provide for the amenity of the community and for the health, safety and general welfare of the inhabitants of the municipality. 1.3 Scope Development shall hereafter be permitted within the limits of the City of Warman only when in conformity with the provisions of this bylaw. 1.4 Severability If any section, clause, or provision of this bylaw, including anything shown on the Zoning Map, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the bylaw as a whole or any part thereof, other than the section, clause or provision, including anything shown on the Zoning Map, so declared to be invalid. 2. DEFINITIONS Wherever in this bylaw the following words or terms are used, they shall, unless the context otherwise provides, be held to have the following meaning: Abattoir - a use where animals are slaughtered, dressed, processed and packaged for retail distribution. Accessory Use - a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building, including decks not attached by a substantial roof structure. Agricultural Crop Farming and Cultivation - a use for the growing of cereal, feed or forage crops and includes buildings and other structures incidental to the operation. This use does not include related commercial or industrial sales, commercial feed lots or services or storage uses which are non-essential to the operation of the on-site agricultural use. City of Warman Zoning Bylaw No. 2018-06 12 Agricultural Machinery Sales and Service - a use for the sale and service of farm machinery, equipment and material and may include offices and general work areas for machinery servicing. Alteration - any structural change or addition made to any building. Approved - approved by the Council of the City of Warman. Art, Craft and Photography Studio - a use for the purpose of small scale, onsite, production, display and sale of goods produced by simple processes or small scale manufacturing primarily involving the use of hand tools. Typical uses include pottery, ceramic, jewelry, toy manufacturing and sculpture and artist and photography studios. Asphalt, Aggregate and Concrete Plant - a use where rock, gravel, sand, cement and other earth materials are sorted, stockpiled, crushed, produced or mixed. Part of the process associated with the use may be located outside of a building including the stockpiling of bulk materials and conveyor belts, cranes, piping, silos or any other machinery necessary for the processing of the use may be used. Assembly Hall - a use or facility in which speeches, rallies, sports events or concerts are conducted. Auction Sale Establishment - a use for the auctioning of goods and equipment and the related temporary storage of goods and equipment, except livestock or poultry, to be auctioned, Auto Paint and Body Shop - a use for the painting and/or repair of vehicle bodies and frames and for damaged motor vehicle appraisal services or auto detailing. Automotive and Recreational Vehicle Sales and Rental - a use for the retail sale, lease and/or rental of new or used automobiles, recreational vehicles, motorcycles, snowmobiles and boats and may include incidental repair, maintenance services, sales of parts and dispensing of motor fuel to vehicles owned or rented by the sales and rental service. Awning - a canvas material stretched over a frame, plastic, vinyl or lightweight metal shelter projecting from a wall over a window or entrance to a building. Bakery - a use that sells baked goods produced on the same premises and may contain facilities for the product to be consumed and/or sold. Bank - a use providing financial and banking services. Typical uses include banks, credit unions, trust companies or any other company providing loans or mortgages. Bare Land Condominium - a condominium with bare land units as defined by The Condominium Property Act, 1993 or any successor thereto. Bare Land Condominium Unit - a bare land unit as defined by The Condominium Property Act, 1993, or any successor thereto. Bed and Breakfast Lodging - a dwelling unit, licensed as a tourist home under The Public Accommodation Regulations, in which overnight accommodation within the City of Warman Zoning Bylaw No. 2018-06 13 dwelling unit, along with one meal served before noon, is provided to the travelling public for a charge. Brewery / Distillery - an establishment where beer or liquor is manufactured Building - a structure constructed or placed on, in or over land but does not include a public highway. Building Accessory - a subordinate detached building appurtenant to a principal building or principal use and located on the same lot, the purpose of which is to provide better and more convenient enjoyment of the principal building or principal use. Building Bylaw - a bylaw of the City of Warman regulating the erection, alteration, repair, occupancy, or maintenance of buildings and structures. Building Height - the vertical distance of a building measured from grade level to the highest point of the roof. Building Permit - a permit, issued under the Building Bylaw of the City of Warman, authorizing the construction of all or part of a building or structure. Building, Principal - a building in which is conducted the main or primary use of the lot on which said building is situated. Building line, established - the average distance from the street line to the main wall of existing buildings on any side of any block where more than half the frontage has been built. Building Supplies - a use for the wholesale distribution and/or retail sale of lumber, building materials, landscape materials, household supplies and small tools and may include outdoor storage. Bulk Petroleum Sales and Storage - a use for handling petroleum products in bulk quantities, and includes supplementary tanker vehicle or bulk tank storage. Key-lock pumps and retail fuel sales may be incorporated as an accessory use Bus Terminal - a use and facilities for the purpose of transporting and handling people, cargo and packages on a bus. Cannabis Retail Outlet - a standalone establishment, licensed by the Saskatchewan Liquor and Gaming Authority, where the main purpose is to sell cannabis products, cannabis accessories, and ancillary items. Cannabis Wholesale Outlet - a standalone establishment, licensed by the SLGA (Saskatchewan Liquor and Gaming Authority), where the main purpose is to sell cannabis products, cannabis accessories, and ancillary items to other SLGA permitted retailers and wholesalers, but not to the general public. Cannabis Wholesale Warehouse - a standalone establishment, licensed by the Saskatchewan Liquor and Gaming Authority, for the storage and wholesale selling of cannabis products, cannabis accessories, and ancillary items, with no consumer retail component. City of Warman Zoning Bylaw No. 2018-06 14 Canopy - a non-retractable, permanent roof-like structure extending from part or all of a building constructed of durable material. Carport - a roofed enclosure for the parking of a motor vehicle or motor vehicles which has less than 60% of the total perimeter enclosed by doors, windows and walls and is attached to the principal building. Car Washing Establishments - a use for the washing, cleaning, detailing or polishing of vehicles on a commercial basis. Cemetery - a use for landscaped open space for the placement of gravesites and may include crematoriums, chapels, columbariums, mausoleums, memorial parks, gardens of remembrance and related facilities as accessory uses. City - the City of Warman. City Manager - the Manager of the City of Warman. Club - a service club or private club which involves recreational, social, cultural or athletic activities usually characterized by certain membership qualifications, payment of fees or dues, regular meeting, and a constitution or bylaws. Commercial Entertainment Establishment - a recreation or amusement facility operated as a business and open to the general public for a fee such as but not limited to, an amusement arcade, bowling alleys, billiard parlour, and bingo hall licensed by the Saskatchewan Liquor and Gaming Authority. Commercial School - a use for training and instruction in a specific trade, skill or service and may incorporate services and retail sales related to the instruction function as accessory uses. Typical uses include secretarial, business, hairdressing, beauty, dancing or music schools. Communication Structure - structures used for receiving and broadcasting radio, cellular phone or television signals. Community Centre - a facility operated by the municipality or a non-profit organization for meetings, recreational activities and similar uses and open to the general public. Condominium - a condominium as defined by The Condominium Property Act, 1993 or any successor thereto. Contractors and Trades - Offices, shops, and warehouses, with or without associated retail sales of plumbing, heating, painting, landscaping, electrical, pipefitters, metal workers, electrical, carpentry, masonry and other contractor and trades. Convenience Store - a retail store which caters to the day-to-day needs of area residents or employees. Typical uses include small food stores and variety stores selling confectionery, tobacco, grocery, non-alcoholic beverage, pharmaceutical and personal care items, hardware, or printed matter. Council - the Council of the City of Warman. City of Warman Zoning Bylaw No. 2018-06 15 Cultural Institution - Establishments such as museums, art galleries, libraries and similar facilities of historical, educational, or cultural interest which are not commercially operated. Custodial Quarters - a use within an industrial building that is designed and utilized as living accommodation for a custodian, manager or owner as part of the operation, maintenance or security function of an industrial use. A custodial quarter shall provide sleeping and living accommodation for up to two (2) adults and only one (1) such living accommodation shall be allowed per property. Custom Meat Cutting and Packaging Establishments - a use for the cutting, processing and packaging of livestock or game related meat and goods. No slaughtering may be done on site and all meats or goods must be brought on site by customers for cutting, processing and packaging. Day Care Centre - a facility which provides for the care of pre-school age children, and includes, but is not limited to: (a) a child care centre or day care centre which is required to be licensed by the Province of Saskatchewan pursuant to The Child Care Act; or (b) a nursery school for pre-school children. Development - the carrying out of any building, engineering, mining or other operations, in, on, or over land, or the making of any material change in the use of any building or land. Development Officer - the officer of the City of Warman appointed pursuant to Section 3.1 to administer this bylaw. Development Permit - a permit, issued by the Council of the City of Warman or its designate that authorizes development but does not include a building permit. Discretionary Use - a use or form of development that may be allowed in a zoning district following application to, and approval of the Council; and which complies with the development standards, as required by Council and contained in this bylaw. Dog Park - A park for dogs to exercise and play off-leash in a controlled environment under the supervision of their owners. Drive-In Restaurant - a use for preparing meals and beverages that includes one or more of the following features: car attendant services; drive through food pick-up services; or parking primarily intended for the on-site consumption of food within a motor vehicle. Driveway - a private street leading from a public road to a house or garage developed with a defined road surface other than dirt (i.e. crushed rock, gravel, pavement, concrete, brick, etc.). Dwelling Unit - one or more habitable rooms constituting a self-contained unit and used or intended to be used together for living and sleeping purposes by one or more persons. City of Warman Zoning Bylaw No. 2018-06 16 Dwelling Unit Group - a combination of two or more single detached or semi-detached or multiple unit dwellings located on a single lot or parcel of land that may be separated into a bare land condominium. Dwelling, Single Detached - a detached building consisting of one dwelling unit as herein defined; and occupied or intended to be occupied as a permanent home or residence, but shall not include a modular home or manufactured home as herein defined. Dwelling, Duplex - a building divided horizontally into two dwelling units as herein defined. Dwelling, Multiple Unit - a building divided into three or more dwelling units as herein defined located on a single lot or parcel and shall include, amongst others, town or row houses and apartments as distinct from a rooming house, hotel or motel. Dwelling, Multiple Unit - Apartment - a building divided into three or more dwelling units as herein defined, each of which is occupied or intended to be occupied as the permanent home or residence and each unit not having its own entrance to the outside and as distinct from a hotel or rooming house. Dwelling, Multiple Unit - Street-front Townhouse - a Townhouse that has a reduced front setback where at the discretion of the Development Officer parking may not be located in the front yard and the rear lane may be required to be paved. Dwelling, Multiple Unit - Townhouse - a multiple unit dwelling under one roof in which each unit has its own entrance to the outside and each unit is separated from other units by a common wall which has no openings, and units may be side by side, up and down or a combination thereof and may be separated into bare land condominium units. Dwelling, Re-located - a dwelling that is already existing and is currently or has been habituated in another location and is intended to be moved onto a vacant lot within the City of Warman. Dwelling, Semi-Detached - two dwelling units side by side in one building unit with a common party wall which separates, without opening the two dwelling units throughout the entire structure. Educational Institution - a use providing provincially-accredited academic and technical instruction which may include accessory facilities such as cafeterias, book stores, recreation facilities and financial institutions, related to the main use. Equipment and Tool Rental Establishments - a use for the rental of tools, appliances, office machines, furniture, light construction equipment, industrial equipment or similar items. Family Child Care Home - a child care facility located in a building where the principal use is a dwelling unit, and which is licensed by the Province of Saskatchewan pursuant to The Child Care Act. Farmer's Market - a use for the sale of new or used goods and/or food products by multiple vendors renting tables and/or space. Vendors may vary from day to day, although the general layout of space to be rented remains the same. Such operations are usually of a seasonal nature. City of Warman Zoning Bylaw No. 2018-06 17 Fertilizer Sales and Storage - a use for the sale or storage of bulk fertilizer or similar agricultural chemicals for distribution. Flankage - The side lot line of a corner lot that abuts a street. Floor Area - the maximum habitable area contained within the outside walls of a building, excluding in the case of a dwelling, any private garage, porch, veranda, sunroom, unfinished attic or unfinished basement. Frontage - The side of a lot abutting the street; however, in the case of a corner lot the shorter side shall be the frontage. In the case of an irregular (non-rectangular) lot, the frontage shall be the mean of the front lot line and rear lot line. Front Lot Line - The property line that divides the lot from the street. In the case of a corner lot, the front lot line shall be the line separating the narrowest street frontage of the lot from the street. Front Yard - A yard extending across the full width of a lot between the front lot line and the nearest main wall of the principal building or structure on the lot. Garage, Private - a building or part of a building used or intended to be used for the storage of motor vehicles and having a capacity for not more than three motor vehicles for each dwelling unit to which the garage is accessory and shall include a carport. Gas Bar - a commercial facility predominately for the sale of gasoline, diesel and propane, and may offer for sale other petroleum products and vehicle accessories. The storage, equipping, minor repair or servicing, of no more than (3) motor vehicles may be allowed as an accessory use. Gazebo - A structure consisting of a closed roof and a series of pillars to form a sitting area. Golf Course - a use where the land is developed primarily to accommodate the game of golf. Accessory uses include a pro shop, driving range, club house, restaurant, licensed dining area or lounge, and other commercial uses typically associated with a golf course clubhouse facility Government Office - buildings and facilities owned or operated by a municipal, school, provincial or federal authority for the purposes of furnishing services or commodities to the public. Grade Level - an average of the finished surface of the ground adjacent to the exterior walls of the building or structure. Grain Elevator - a use for the storage, cleaning or processing of grain prior to transferral to trucks, train cars, or other forms of transportation. Greenhouse and Plant Nurseries - a use for the growing, storage and/or sale of garden, household and ornamental plants, flowers, trees or produce and includes supplementary retail sale of fertilizers, garden chemicals, garden implements and associated products. City of Warman Zoning Bylaw No. 2018-06 18 Group Care Facility - a supervised residential dwelling unit, licensed or approved under provincial statute, for the accommodation of persons, excluding staff, referred by hospitals, courts, government agencies or recognized social service agencies or health care professionals. Home Based Business - see 'Home Occupation'. Home Occupation - an occupation, trade, profession or craft customarily conducted entirely within a residential building or accessory building and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the residential use of the dwelling and does not change the character thereof. Home Occupation, Non-traditional - A home occupation which has the potential to produce offensive emissions such as noise, smoke, dust, odour or glare to an extent greater than normally produced in a residential neighbourhood. Home Occupation, Traditional - A home occupation which does not have the potential to produce offensive emissions such as noise, smoke, dust, odour or glare to an extent greater than normally produced in a residential neighbourhood. Hospital - a use providing room, board, and surgical or other medical treatment for the sick, injured or infirm including inpatient and outpatient services and staff residences, eating, drinking and convenience retail facilities as accessory uses. Hotel - buildings or structures or part thereof, used or advertised as a place where sleeping accommodations are provided and may include accessory uses such as a restaurant or licensed beverage room. Household Repair Services - a use for the repair of equipment and appliances normally found in the home and includes television, computer, radio and similar appliances, as well as furniture refinishing and upholstery services. Indoor Recreation Facility - a use for indoor sports or recreation activities and may provide a seating area for spectators. Accessory uses include related eating, drinking and retail facilities. Typical facilities would include gymnasiums, curling, roller skating and hockey rinks, swimming pools, rifle and pistol ranges, racquet clubs and indoor soccer fields. Indoor Storage Facility - a use designed for the storage of goods, materials and/or equipment, located inside a building. Industrial Complex - means a group of two (2) or more detached principal buildings located on the same site and which are not for human habitation except those necessary for a watchman or caretaker, provided that each form of development comprising the industrial complex is otherwise a permitted or discretionary use in the zoning district. Kennel - a use in which a number of pets are maintained, bred, trained, cared for or kept for the purpose of sale or temporary boarding.. An outdoor exercise area for use during the day, grooming, veterinary services, retail sales and offices may be permitted as an accessory use. Landscaping - the provision of any horticultural and other related compatible features or materials designed to enhance the visual amenity of a site or to provide a visual screen consisting of any of the following elements: City of Warman Zoning Bylaw No. 2018-06 19 a) Soft Landscaping consists of vegetation such as trees, shrubs, vines, hedges, flowers, and ground cover such as grass or mulch and; b) Hard Landscaping that consists of concrete, unit pavers, brick pavers or quarry tile but does not include gravel, shale, or asphalt. Lane - a secondary public thoroughfare intended primarily to give access to the rear or side of the abutting property. Laundromat - a use for the purpose of cleaning clothing or other goods made of fabrics on a self-serve, dry-cleaning or commercial basis. Licensed Beverage Room - an establishment, licensed by the Saskatchewan Liquor and Gaming Authority, where the main purpose is to serve alcoholic beverages for consumption on the premises, and any preparation or serving of food is ancillary to such use. Typical uses include neighbourhood pubs, bars, taverns and licensed lounges in a restaurant. Lot - an area of land with fixed boundaries and which is of record in the Land Titles office by Certificate of Title. Lot Coverage - That portion of a lot that is covered by buildings or structures. Lot Depth - The average distance between the front lot line and the rear lot line, measured within the lot boundaries. Lot Line - Front - the boundary that divides the lot from the street, in the case of a corner lot, the front lot line shall mean the boundary separating the narrowest street frontage of the lot. Lot Line - Rear - the boundary at the rear of the lot and opposite the front lot line. Lot Line - Side - a lot boundary other than a front or rear lot line. Mayor - the Mayor of the City of Warman. Minister - the member of the Executive Council to whom, for the time being, is assigned the administration of The Planning and Development Act, 2007 or a successor thereto. Manufacturing, Processing and Packing Plants - a use for manufacturing, assembly, fabrication, processing, production, packaging of materials, goods or products, primarily from extracted or raw materials or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors or vibration beyond its property line. Manufactured Home - a dwelling unit: (a) that is used for permanent or year round living; (b) that is transported to a site where all signs of mobility including hitches, wheels, etc. are removed and the manufactured home is placed on a foundation capable of supporting it; (c) that is built off-site in a factory; (d) that has water faucets and a shower head or bathtub that may be connected to a water distribution system; City of Warman Zoning Bylaw No. 2018-06 20 (e) that has a wash basin and water closet that may be connected to a sewage system; and (f) which is certified by the manufacturer that it complies with the Canadian Standards Association Code CSA-Z240 series standards. Manufactured Home Park - any tract or parcel of land on which two or more occupied manufactured homes are permitted to be harboured whether or not a charge is made or paid for the use thereof, and includes any building or structure used or intended to be used as part of the equipment of the manufactured home park, but does not include an industrial or construction camp or tourist campsite where a tent or trailer coach that is not a manufactured home is also harboured or is permitted to be harboured thereon. Manufactured Home Site - An area of land in a manufactured home park for the placement of a manufactured home. Manufactured Home, Single Wide - a manufactured home that is less than 6.1 metres (20 ft.) in width. Manufactured Home, Double Wide - a manufactured home that is greater than 6 metres (20 ft.) in width. Medical , and Optometrist Offices and Clinics - a use providing medical and health care services on an outpatient basis of a preventative, diagnostic treatment, therapeutic nature, and may incorporate a dispensary which sells pharmaceutical and other medical supplies as an accessory use. Typical uses or facilities would include medical, dental, and optometrist offices, clinics, occupational health and safety offices, counseling services, and chiropractic, massage and naturopathic services. Modular Home - a factory built home that is manufactured as a whole or modular unit and is designed to be moved on a removable chassis to be used as one dwelling unit, and is certified by the manufacturer that it complies with the Canadian Standards Association Code CSA-A277 standard. Modular Unit - a factory built frame or shell which comprises supporting and non- supporting walls, siding, and other components of a prefabricated home representing only a section of a dwelling and has neither chassis, running-gear, nor its own wheels. Motel - buildings or structures or parts thereof consisting of a group of attached or detached living or sleeping accommodations, each unit with bathrooms, located on a lot or lots and designed for use by the public, and may include accessory uses such as a restaurant, licensed dining room or lounge. Municipality - The City of Warman. Night Club - an establishment or portion thereof, where primarily evening or night time entertainment is provided, where beverage alcohol may be served to patrons for consumption on the premises, with or without food, and where a designated area for live entertainment or dancing during certain hours of operation is also provided. Non-Conforming Building - a building: a) that is lawfully constructed or lawfully under construction, or in respect to which all required permits have been issued, on the date that this bylaw or any amendment to the City of Warman Zoning Bylaw No. 2018-06 21 bylaw affecting the building or land on which the building is situated or will be situated, becomes effective, and b) that on the date this or any amendment hereto becomes effective does not or when constructed will not comply with this bylaw. Non-Conforming Use - a lawful specific use: a) being made of land or a building or intended to be made of a building lawfully under construction, or in respect to which all required permits have been issued, on the date this bylaw or any amendment hereto becomes effective, and b) that on the date this bylaw or any amendment hereto becomes effective does not, or in the case of a building under construction or in respect of which all required permits have been issued, will not comply with this bylaw. Off-Leash Dog Park - a use to provide a recreational space for dogs to exercise and play off-leash in a controlled environment under the supervision of their owners Office - a use to accommodate professional, managerial, clerical and consulting services, the administrative needs of businesses, trades, contractors and other organizations, and the sale of services of businesses such as travel agents and insurance brokers. Outdoor Recreation Facility - a use for sports and active recreation activities conducted outdoors. Accessory uses include change rooms, washrooms and seating for spectators. Typical uses include sports fields, outdoor swimming pools, picnic areas, soccer fields, ski facilities/trails and tennis courts. Outdoor Storage Areas or Yards - a use designed for the storage of goods, materials and/or equipment, or the display and sale of goods and materials, including vehicles for hire or sale, located outside permanent buildings or structures on the site. Parking Facility - a use that accommodates vehicular parking, either surface, outdoor lots or in a building. Parks and Playground - a use of land for active or passive recreational activities of the general public and includes uses such as picnic areas, open space, playgrounds, pedestrian and bicycle trails and paths, natural and manmade landscaped areas, and public washrooms. Typical uses include tot lots, band shells, playgrounds and water features. Pergola - A structure consisting of an open roof and a series of pillars to form an open sitting area. Permitted Use - A use or form of development other than a discretionary use specifically permitted in the zoning district and subject to the regulations of the zoning district. Personal Care Home - a licensed building under The Personal Care Homes Act that provides long term residential, social and personal care, including accommodation, meals, supervision or assistance for persons who have some limits on ability for self- care, and are unrelated to the operator or owner. Personal Service Establishment - a development used for the provision of personal City of Warman Zoning Bylaw No. 2018-06 22 services to an individual which are related to the care and appearance of the body, or the cleaning and repair of personal effects including barbershops, hairdresser, beauty salons, tanning salons, tailors, dressmakers, shoe repair shops, personal fitness gyms, dance centres, martial arts clubs, health centres, and other similar uses. Pet Care Service - a use where small animals and household pets are washed, groomed or trained that does not have any outside enclosures, pens, runs or exercise areas and must not board animals overnight. Accessory uses may include the supplementary sale of associated products and associated office space. Places of Worship - a use for worship activities, religious institutions, philanthropic and social activities, and staff residences. Typical uses include chapels, churches, convents, monasteries, mosques, parish halls, rectories, synagogues and temples. Principal Building - The building in which is conducted the primary or main use of the property on which said building is situated. Protective and Emergency Services - a use for the public protection of persons and property from injury, harm or damage together with the incidental storage of emergency equipment and vehicles. Typical uses include police stations, fire stations, and ambulance/EMS stations. Public Utility - a system, works, plant, equipment or service, whether owned or operated by or for the municipality, or by a corporation under agreement with the municipality, or under a Federal or Provincial statute, which furnishes any of the following services and facilities to the residents of the municipality: a) systems for the production, distribution or transmission of electricity; b) systems for the distribution, storage, or transmission of natural gas or oil; c) facilities for the storage, transmission, treatment, distribution or supply of water; d) facilities for the collection, treatment, movement or disposal of sewage and garbage; e) telephone or light distribution lines; f) microwave tower communication facilities; g) facilities for optical cable, or cable television services; h) facilities for the collection, treatment, movement, or distribution of storm water. Publishing, Printing, Recording & Broadcasting Establishment - a use for the preparation, distribution and/or transmission of printed material, audio and/or visual programming. Railway - 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. Research laboratories - a place where facilities are located for scientific research, investigation, testing or experimentation, but does not include facilities for the manufacturing or sale of products, except as incidental to the main purpose of the laboratory. Restaurant - a use for the preparation and sale of food for consumption on or off the premises. Accessory uses may include the sale of alcoholic or non-alcoholic beverages incidental to the meal, take-out services and/or catering. City of Warman Zoning Bylaw No. 2018-06 23 Retail and Rental Store - establishments engaged in selling and/or renting goods or merchandise to the general public for personal or household use; and rendering services incidental to the sale of goods such as groceries, hardware, dry goods, sporting goods, novelties, jewellery, household appliances, computers, books and magazines. Rooming House - a building containing more than one rooming unit. Rooming Unit - a room or rooms for accommodation other than a dwelling unit or other form of accommodation defined elsewhere in this bylaw with sleeping facilities but without private toilet facilities. Row House - see Town House Salvage, Wrecking or Disassembly Operations - a use for purchasing, receiving, resale or transporting of used or spent materials, vehicles or substances which may generate a detrimental impact or nuisance beyond the boundaries of the parcel. This term refers to uses such as salvage and scrap yards, garbage container services and effluent tanker services. Sandblasting - means a surface treatment used to remove material by using air to blow sand or other grit at a work piece contained within an Industrial Building. Screening - A fence, wall, berm or planted vegetation located so as to visually shield or obscure one use from another. Secondary Suite - a self contained dwelling unit which is an accessory use to, and located within, a detached building in which the principal use is a single detached dwelling or semi-detached dwelling. Service Station - a use for the mechanical or electrical repair and servicing of automobiles, motorcycles, snowmobiles and similar vehicles or the retail sale, installation, servicing or machining of automotive parts and accessories or drive-through vehicle repair and servicing facilities. This use includes alignment, muffler, automotive glass, transmission repair, oil change, vehicle upholstery shops, tire stores and vehicle towing services. Shipping Container- a standardized re-sealable moveable transportation box for freight handling and storage, typically constructed of aluminium or steel. Shopping Centre - a building or group of buildings on the same parcel in which a minimum of two (2) of the permitted and/ or discretionary uses of the zoning district are located together, each use having a separate entrance to the outside. Sight Triangle - the area contained in the triangle formed by the corner property lines and a straight line drawn from a point 3.0 metres (9.84 ft.) from the corner property pin to a similar point 3.0 metres (9.84 ft.) along the perpendicular or intersecting property line. Special Care Home - a facility licensed pursuant to The Housing and Special-Care Homes Act which provides full-time convalescent or chronic care to persons who, by reason of advanced age, chronic illness or infirmity are unable to care for themselves, including nursing homes. City of Warman Zoning Bylaw No. 2018-06 24 Street - a public thoroughfare which affords the principal means of access to the abutting property. Strip Mall - see "Shopping Centre". Structure - anything that is built, constructed, erected or placed, located on the ground, or attached to something located on or in the ground. Structure, Temporary - anything that is built, constructed, erected or placed, located on the ground, or attached to something located on or in the ground but that may be relocated or moved and is not of a permanent nature applicable for a defined period of time and not exceeding 6 months. Taxidermy establishments - an establishment that prepares, stuffs, and mounts the skins or surfaces of animals. Theatre - a use with fixed seating designed to show movies, plays, musicals or other similar entertainment facilities. Tourist Campground - a tract or parcel of land which provides for the location of tents or trailer coaches used by travellers and tourists for overnight accommodation. Tourist Information Centre - a use for the distribution of recreational and/or travel information, and may include public washroom facilities, picnic areas, parking areas for automotive and recreation vehicles and holiday trailers, and sanitary waste disposal facilities for recreation vehicles and holiday trailers. Trailer Coach - any vehicle used or constructed in such a way as to enable it to be used as a conveyance upon public streets or highways and includes a self-propelled or non- self-propelled vehicle designed, constructed or reconstructed in such a manner to permit the occupancy thereof as a dwelling or sleeping place for one or more persons notwithstanding that its running gear is removed or that it is jacked up. Transportation Service - a use for vehicles to transport people, currency, documents and packages. This term refers to uses such as taxi services, bus lines, transit services, limousine services and courier services. Truck Terminals and Yards - a use for the purpose of transporting and/or storing of goods and the dispatching of trucks and tractor-trailers for transporting said goods. Undertaking Establishment - a use for the preparation of the deceased for burial or cremation and for holding funeral services. No cremation facilities or chambers may be provided. Veterinarian Clinic - a use for the on-site medical treatment of small animals such as household pets, where overnight accommodation is provided and where all care and confinement facilities are enclosed within a building. Accessory uses may include the supplementary sale of associated products and associated office space. Warehouse - a use for the storage, renumbering or distribution of materials, products, goods or merchandise. Wholesale Trade Store - a use for the retail sale of goods which are warehoused in bulk on the premises and displayed or catalogued for customer selection. This term City of Warman Zoning Bylaw No. 2018-06 25 refers to uses such as furniture, carpet, appliance, fabric and apparel warehouses and clearance centres. Yard - any part of a lot unoccupied and unobstructed by any principal building or structure. Yard, Front - a yard extending across the full width of a lot between the front lot line and the nearest main wall of the principal building or structure on the lot. Yard, Rear - a yard extending across the full width of the lot between the rear lot line and the nearest main wall of the principal building or structure on the lot. Yard Required - The minimum size of a front, side, or rear yard required under this Bylaw. Yard, Side - a yard extending from the front yard to the rear yard between the side lot line and nearest main wall of the principal building or structure on the lot. City of Warman Zoning Bylaw No. 2018-06 26 3. ADMINISTRATION 3.1 Development Officer The Development Officer of the City of Warman shall be designated by Council and shall be responsible for the administration of this bylaw. 3.2 Development Permit (1) Except as provided in Section 3.2.2 no person shall undertake a development or commence a use unless a development permit has first been obtained. A development permit cannot be issued in contravention of any of the provisions of this bylaw. (2) A development permit is not required for the following, but all other applicable provisions of this bylaw are to be followed in addition to obtaining a building permit where required: (a) the maintenance of a public utility by the municipality or private corporation; (b) the construction of a public utility by the municipality; (c) the installation of public utility on any street or other public right-of-way by the municipality; (d) maintenance and repairs that do not include structural alterations; (e) the installation of fences in residential districts or accessory buildings under 9.3 square metres (100.11 sq. ft.). (3) A building permit shall not be issued unless a development permit, where required, has also been issued. (4) If the development or use authorized by a development permit is not commenced within six months from the date of its issue, and completed within twelve months of its issue, the permit is deemed void unless an extension to the period has first been granted. 3.3 Application for a Development Permit (1) The application for a development permit shall be made, to the Development Officer, in the form established by Council. The application shall be accompanied by two copies of a lot or building plan showing dimensions and locations of existing and proposed buildings and structures as well as lot lines. Where no new construction is proposed the applicant shall supply a written description of the proposed development in place of such plans. (2) Where the application is for a Discretionary Use the applicant shall also provide a written description of the proposed development, describing the intended use and operations, structures to be located on the lot, required municipal services, and any other information that Council determines is necessary to fully review the proposed development. City of Warman Zoning Bylaw No. 2018-06 27 3.4 Review of Applications (1) The Development Officer is responsible for reviewing all applications to ensure that the proposed development complies with all applicable regulations and provisions of this bylaw and the policies contained in the Development Plan. (2) Where the application is for a discretionary use, the Development Officer shall submit the application, along with all other relevant material to Council. 3.5 Decision (1) The decision on all applications shall be made in writing to the applicant, in the form established by Council. (2) Where the application is for a permitted use the Development Officer shall, upon completion of the review: (a) issue a development permit where the application conforms to all provisions of this bylaw; or (b) issue the development permit specifying any special regulations or standards to which the development or use must comply, where the class of development or use is subject to special regulations, performance standards or development standards that are specified in this bylaw; or (c) refuse the application where the provisions of this bylaw are not met, indicating to the applicant the reason for the refusal. (3) Where the application is for a DISCRETIONARY USE, subject to Section 3.8 the Council shall pass a resolution instructing the Development Officer to either: (a) issue a development permit incorporating any special development standards prescribed by Council in accordance with the provisions of this bylaw; or (b) refuse the application, indicating the reasons for the refusal. 3.6 Revocation of Decision Where an approved development is not being developed in accordance with the provisions of this bylaw, or with the standards and conditions specified in the development permit, Council may revoke or suspend the development permit. 3.7 Development Appeals (1) The North Corman District Development Appeals Board is appointed as the appeals board for the City of Warman in accordance with The Planning and Development Act, 2007 or a successor thereto. (2) Where an application for a PERMITTED USE has been REFUSED, the applicant shall be advised of the right of appeal to the North Corman District Development Appeals Board. (3) Where an application for a DISCRETIONARY USE has been APPROVED by Council, WITH PRESCRIBED DEVELOPMENT STANDARDS pursuant to this bylaw, the applicant shall be advised that any development standards considered City of Warman Zoning Bylaw No. 2018-06 28 excessive, may be appealed to the North Corman District Development Appeals Board. (4) An application for a development permit for a PERMITTED USE shall be deemed to be refused when a decision thereon is not made within 40 days after the receipt of the application in its complete and final form by the Development Officer, and an appeal may be made as provided in Section 3.7(2) as though the application had been refused at the end of the period specified in this subsection. (5) An application for a minor variance may be appealed to the North Corman District Development Appeals Board in accordance with Sections 3.11(12) and (13). (6) A fee of $50.00 shall be paid where an appeal is made to the North Corman District Development Appeals Board. 3.8 Advertising of a Discretionary Use Prior to making a decision on a discretionary use application, Council shall provide notice to the public in the following manner: (1) In the case of an application for a home occupation, by providing written notice to assessed owners of property having a common boundary with the applicant's land that is the subject of the application. (2) In the case of a discretionary use application other than a home occupation in any residential district, by providing written notice to assessed owners of property within 100 metres of the land that is the subject of the application, and providing notice in one issue of a newspaper published or circulated in the City of Warman at least one week prior to the public hearing date. (3) In the case of a discretionary use application in any other zoning district, by providing written notice to assessed owners of property on the same City block as the land that is the subject of the application, and providing notice in one issue of a newspaper published or circulated in the City of Warman at least one week prior to the public hearing date. 3.9 Application Fees Section 11 "Fees and Charges" will regulate all application fees. 3.10 Enforcement, Offences and Penalties (1) In accordance with The Planning and Development Act, 2007 the Development Officer may, at a reasonable time, and with the consent of the owner, operator, or occupant, enter any land, building, or premises for the purposes of inspection where the Development Officer has reasonable grounds to believe that any development or form of development on or in the land, building or premises contravenes any provision of the zoning bylaw. Any steps to enforce the provisions of the zoning bylaw shall be followed as set out in The Planning and Development Act, 2007. City of Warman Zoning Bylaw No. 2018-06 29 (2) Any person who violates this bylaw is guilty of an offence and liable on summary conviction to the penalties set forth in The Planning and Development Act, 2007. 3.11 Minor Variances to the Zoning Bylaw (1) An application may be made to the Development Officer for a minor variance to the zoning bylaw in a form as prescribed by Council. (2) The Development Officer shall maintain a register as an appendix to the zoning bylaw of all minor variance applications. (3) The Development Officer may vary the requirements of the zoning bylaw subject to the following conditions: (a) a minor variance may be granted for variation only of: (i) the minimum required distance of a building from the lot line; and (ii) the minimum required distance of a building to any other building on the lot; (b) the maximum amount of minor variance shall not exceed a 10% variation of the bylaw requirements of the zoning bylaw; (c) the development shall conform to the zoning bylaw with respect to the use of land; (d) the relaxation of the zoning bylaw shall not injuriously affect neighbouring properties; (e) a minor variance must not be granted: (i) in connection with an agreement on rezoning entered into pursuant to Section 69 of The Planning and Development Act, 2007, or (ii) if it would be inconsistent with any provincial land use policies or statements of provincial interest. (4) On receipt of an application for a minor variance, the Development Officer may: (a) approve the minor variance; (b) approve the minor variance and impose terms and conditions on the approval; or (c) refuse the minor variance. (5) Where the Development Officer imposes terms and conditions on an approval pursuant to subsection (4), the terms and conditions shall be consistent with: (a) minimizing adverse impacts on neighbouring properties; (b) providing adequate separation between buildings for safety reasons; and (c) avoiding encroachment into adjoining property. (6) Where an application for a minor variance is refused, the Development Officer shall notify the applicant in writing of the refusal and provide reasons for the refusal. (7) Where an application for a minor variance is approved, with or without terms and conditions being imposed, the Development Officer shall provide written notice to the applicant and to the assessed owners of property having a common boundary with the applicant's land that is the subject of the application. (8) The written notice required pursuant to subsection (7) shall: (a) contain a summary of the application for minor variance; (b) provide a reason for and an effective date of the decision; City of Warman Zoning Bylaw No. 2018-06 30 (c) indicate that an adjoining assessed owner may within 20 days, lodge a written objection with the Development Officer; and (d) indicate where there is an objection described in clause (c), the applicant will be notified of the right of appeal to the Development Appeals Board. (9) The written notice required pursuant to subsection (7) shall be delivered: (a) by registered mail; or (b) by personal service. (10) A decision approving a minor variance, with or without terms and conditions, does not take effect: (a) in the case of a notice sent by registered mail, until 23 days from the date the notice was mailed; (b) in the case of a notice that is delivered by personal service, until 20 days from the date the notice was served. (11) If an assessed owner of property having a common boundary with the applicant's land that is the subject of the application objects, in writing, to the municipality respecting the approval of the minor variance within the time period prescribed in subsection (8), the approval is deemed to be revoked and the Development Officer shall notify the applicant in writing: (a) of the revocation of the approval; and (b) of the applicant's right to appeal the revocation to the Development Appeals Board within 30 days of receiving the notice. (12) If an application for a minor variance is refused or approved with terms and conditions, the applicant may appeal to the Development Appeals Board within 30 days of the date of that decision. City of Warman Zoning Bylaw No. 2018-06 31 4. GENERAL REGULATIONS 4.1 All Zoning Districts The following regulations shall apply to all zoning districts in this bylaw: 4.1.1 Licenses, Permits, and Compliance with Other Bylaws Nothing in this bylaw shall exempt any person from complying with the requirements of a building bylaw or any other bylaw in force within the City of Warman or from obtaining any license, permission, permit, authority or approval required by this or any other bylaw of the City of Warman. Where provisions in this bylaw conflict with those of any other municipal or provincial requirements, the higher or more stringent regulations shall prevail 4.1.2 Existing Buildings Where a building has been erected on or before the effective date of this bylaw on a lot having less than the minimum frontage or area, or having less than the minimum set- back or side yard or rear yard required by this bylaw, a development permit may be issued to enlarge, reconstruct, repair or renovate provided that: (1) the enlargement, reconstruction, repair or renovation does not further reduce the front yard or side yard or rear yard that does not conform to this bylaw; (2) all other applicable provisions of this bylaw are satisfied. 4.1.3 Building Lines Where a front building line in any district has been established by existing buildings in a block, and is less than the specified front yard requirement, new construction may conform to the established building line but a minimum front yard of not less than 4.5 metres shall be provided. 4.1.4 Number of Principal Buildings Permitted on a Lot Not more than one principal building shall be placed on any one lot, with the exception of schools, hospitals, curling and skating rinks, community centres, nursing homes, senior citizen homes, dwelling unit groups, multiple unit dwellings, manufactured homes in courts, and commercial and industrial properties that have a lot area in excess of 1,500 square meters. 4.1.5 Building to be Moved No building, residential or otherwise, shall be moved within or into the area covered by this bylaw without obtaining a development permit from the Development Officer unless such building is exempted by this bylaw. City of Warman Zoning Bylaw No. 2018-06 32 4.1.6 Demolition of Buildings (1) No building, residential or otherwise, shall be demolished within the area covered by this bylaw without obtaining a development permit from the Development Officer. (2) Whenever a development permit for the demolition of a building is issued, the lot shall be properly cleaned with all debris removed and left in a graded, safe condition. (3) Whenever a demolition of a building is carried out, the applicant shall, at their own expense, protect from displacement any wall, sidewalk or roadway liable to be affected by such demolition and shall sustain, protect and underpin the same so that they will remain in the same condition as before the demolition was commenced. (4) The applicant shall ensure that adequate measures be taken by way of fencing and screening to ensure the general public's safety. (5) Any demolition of hazardous materials or structures shall be in accordance with any municipal, provincial or federal regulations. (6) The site of the demolition must be fully cleared of debris and any holes must be filled within 14 days of the demolition. 4.1.7 Grading and Levelling of a Lot (1) Any lot proposed for development shall be graded and levelled at the owner's expense to provide for adequate surface drainage, which does not adversely affect adjacent property, in accordance with the requirements of the City of Warman. (2) The Development Officer may require special grading and/or the construction of a retaining wall or window well if, in their opinion, significant differences in grade exist or will exist between the parcel being developed and adjacent parcels, or if a lot deviates from approved grades. 4.1.8 Site Development (1) The design, siting, external finish, architectural appearance and landscaping generally of all buildings, including any accessory buildings or structures and signs or reconstruction shall be to the satisfaction of the development officer in order that these shall be in general conformity in such matters with adjacent properties. (2) The entire site and all buildings at all times shall be maintained in a neat and tidy manner including the trimming and upkeep of landscaped areas and the prompt removal of debris and unsightly objects. 4.1.9 Waste Disposal City of Warman Zoning Bylaw No. 2018-06 33 Subject to the Acts and Regulations administered by the Departments of Health and Environment no liquid, solid or gaseous wastes shall be allowed to be discharged into any stream, creek, river, lake, pond, slough, intermittent drainage channel or other body of water, onto any land or into the air. 4.1.10 Non-Conforming Uses and Non-Conforming Buildings Non-conforming uses and non-conforming buildings shall be subject to The Planning and Development Act, 2007 or a successor thereto. 4.1.11 Non-Conforming Structures and Lots and Metric Conversion No existing structure or lot shall be deemed to be non-conforming by reason only of the conversion from the Imperial System of Measurement to the Metric System of Measurement where such non-conformity is resultant solely from such change and is reasonably equivalent to the metric standard herein established. 4.1.12 Geotechnical Analysis Required If a proposed development is to be located on a lot or lots that may be subject to flooding, earth movement or instability, or is otherwise unsuitable for development or hazardous for the proposed use, Council may require that, as a condition of the issuance of the development permit, a geotechnical report be completed and approved by a Professional Engineer licensed to practice in the Province of Saskatchewan, indicating the suitability of the lot or lots to for development and any remedial measures that may be required to ensure that the natural resource base is not irreparably altered. Remedial measures may be specified as conditions to the issuance of a development permit. 4.1.13 ELEMENTARY AND HIGH SCHOOLS The following requirements shall apply to the construction of new public and private elementary and high schools or to any addition with a design capacity of 100 or more students to an existing school. (1) Traffic Safety (a) Prior to the issuance of a Development Permit, the applicant shall submit a Traffic Impact Study which appropriately addresses the following: (i) Roadway capacity and intersection capacity within the area impacted by the school including background neighbourhood traffic. (ii) Intersection control and turning lane warrants at every intersection in the study area including access points to the school site. (iii) Walking and cycling routes to the school site including the location and appropriate design of pedestrian and bicycle crossings to a minimum of 1 km or as directed by the City of Warman. City of Warman Zoning Bylaw No. 2018-06 34 (iv) The safe and appropriate provision and design of on-site parking, vehicle and bus drop-off spaces, and lay-by zones. (2) Passenger Drop-off Spaces (a) Public and private elementary and high schools shall provide passenger drop-off spaces in conjunction with the development of new schools or in conjunction with any addition with a design capacity of 100 or more students to an existing school. (b) For the purposes of this section, "passenger drop-off space" means a full size parking space located on school property or if approved by the City, a full size parking space located on property within the roadway right-of-way. In the case of schools which front on to a collector or arterial street, passenger drop-off spaces shall be located on school property and accessed by a service road or driveway. (c) Passenger drop-off spaces shall be provided at the rate of at least eight spaces for the first 100 students, and at least one space for each additional 100 students. The City may reduce the number of required passenger drop- off spaces where there are demonstrated site constraints which limit the number and location of spaces that can be provided on site and where it can be demonstrated that any drop-off spaces provided off site will be safe and adequate. (d) Where the calculation of drop-off spaces results in a fractional number, the number of required spaces shall be rounded off to the nearest whole number. (e) Required on-site parking spaces shall not be used to satisfy the requirements for the provision of passenger drop-off spaces. (f) All drop-off spaces shall be reserved and clearly marked for passenger drop-off. (g) Where possible, and subject to the findings of the Traffic Impact Study, passenger drop-off spaces should be located: (i) within 50 metres of a school entrance; (ii) at least 3.0 metres from a driveway or marked crosswalk; and (iii) at least 15 metres from any intersection. (h) Passenger drop-off paces shall be oriented parallel to the flow of traffic to accommodate through-movement of vehicles and to eliminate the need for backing or significant turning movements. (3) Site Development City of Warman Zoning Bylaw No. 2018-06 35 (a) School sites shall have clearly defined pedestrian walkways between the sidewalk and building entrances. In order to direct the movement of students to safe pedestrian crossings and separated from vehicular dominated areas, school site designs shall include distinguishing features (including but not limited to fencing, landscaping, etc.) between all pedestrian/play areas and vehicular areas. This would include but not be limited to parking lots, frontage or flanking streets, and drop off areas. If fencing is used, it must be a minimum of 1.2m in height, non-climbable and consistent with the principals of Crime Prevention Through Environmental Design. If landscaping features are used to meet these criteria, the minimum plantings must be in conformity to the Commercial and Dedicated Lands Landscaping Policy 79-2011. (b) School sites shall be appropriately landscaped in a manner consistent with the requirements contained in this Bylaw. (c) Adequate bicycle parking facilities shall be provided on-site. (4) Garbage and Waste Material Storage (a) Garbage and waste material storage shall be provided on site in a location which is safe and appropriately separated from pedestrian crossings and student play areas. (b) Garbage and waste material storage shall be visually screened by a solid wall or fence at least 1.8 metres in height which shall be designed in a manner to be inaccessible to students." 4.1.14 Satellite Dish, Radio Tower or Television Antenna for Personal Use The installation and operation of a free standing satellite dish, radio tower or television antenna and its supporting structure intended for personal use is permitted in all zoning districts provided that such structures is not located in any front yard or in the case of a corner lot, in any portion of the rear yard which is within 3 metres (9.8 ft.) of the side lot line adjacent to a flanking street. 4.1.15 Storage of Vehicles in Residential Areas In any Residential district: (1) Large recreational vehicles may be parked in front, rear and side yards on a residential site provided the vehicle is not within 1.2 metres of the interior edge of the sidewalk. (2) Any vehicle parked or stored in a required front yard shall be located on a surfaced parking area, consisting of gravel, asphalt, concrete, brick pavers, or other similar material. (3) Except as provided in clause (4), no person shall store or repair vehicles except vehicles primarily used for transportation, recreation and non-commercial gardening and yard maintenance. (4) The storage of non-commercial repair of one motor vehicle, provided the vehicle is owned or operated by a resident of the dwelling and that no nuisance is created for nearby residents and properties, is permitted. (5) A maximum of two unlicensed motor vehicles are allowed on any City of Warman Zoning Bylaw No. 2018-06 36 site. (6) In an R2-T area where front driveways are not permitted, any vehicle parked or stored in a rear yard shall be located on a surfaced parking area, consisting of gravel, asphalt, concrete, brick pavers, or other similar material. 4.1.16 Trailer Coaches (1) Trailer Coaches may be occupied as temporary overnight sleeping accommodations only in the following situations: a. In an approved tourist campground; b. In any R or M district, one trailer coach may be located on any one site for the temporary overnight sleeping accommodation of the guests of the occupants of the principal dwelling, provided the trailer coach is not rented or made available for compensation, and that the persons sleeping in the trailer coach have full access to all of the facilities and amenities of the principal dwelling. (2) For the purposes of subsection (1)(b), temporary overnight sleeping accommodations shall mean a period not exceeding 14 consecutive days in any three month period. 4.1.17 Buildings or Uses Occupying More Than One Lot (1) Where an application is made for development of a building or use that will occupy more than one lot as herein define, the parcel of land comprised of said lots shall be considered a site for the purposes of administering this Bylaw. 4.2 Residential Districts 4.2.1 Projections in Yards The following projections in yards may be permitted subject to the setback requirements of the National Building Code: (1) Front Yards The following features may project into a required front yard: (a) cantilevered construction for bay windows, bow windows, chimney chases, bookcases, built in cabinets, gutters, window sills, canopies, eaves, fire escapes to a maximum projection of 0.61 metres (2 ft.); (b) unenclosed decks, cantilevered balconies, porches and steps to a maximum projection of 2.0 metres (6.56 ft.); (c) a satellite dish, radio tower or television antenna where attached to a principal dwelling to a maximum projection of 0.61 metres (2 ft.); (d) no projections shall be permitted within a front yard area required for parking where any portion of the said projection would be at an elevation lower than 2.5 metres (8.2 ft.) above the finished grade elevation measured at the corresponding front wall of the building. (2) Rear Yards The following features may project into a required rear yard: City of Warman Zoning Bylaw No. 2018-06 37 (a) cantilevered construction for bay windows, bow windows, chimney chases, bookcases, built in cabinets, gutters, window sills, canopies, eaves, and fire escapes to a maximum projection of 1.5 metres (4.91 ft.); (b) unenclosed decks higher than 0.61 metres (2 ft.) above finished grade, balconies, porches, and steps to a maximum projection of 2 metres (6.56 ft.); (c) unenclosed decks no higher than 0.61 metres (2 ft.) above the finished grade may project to the rear property line, but not encroach onto neighbouring property; (d) a satellite dish, radio tower or television antenna where attached to a principal dwelling having a maximum projection of 0.61 metres (2 ft.). (3) Side Yards (a) The following features may project into a required side yard: (i) bay windows, window boxes and sills, belt courses, cornices, eaves, and gutters to a maximum projection of 0.61 metres (2 ft.); and (ii) cantilevered construction of fire escapes, chimney chases, bow windows, bookcases, fire places, built in cabinets, living space, deck overhangs, balconies, and canopies to a maximum projection of 0.61 metres provided that the total area of all cantilevered features shall not exceed 3 square metres (33 sq. ft.) per floor level; (b) unenclosed decks no higher than 0.61 metres (2 ft.) above the finished grade may project to the side property line, but not encroach onto neighbouring property; (c) in the case of a semi-detached dwelling, uncovered decks may project to the side property line shared with the attached unit; (d) no projections shall be permitted within a side yard required for vehicular access or where any portion of the said projection would be at an elevation lower than 2.5 metres (8.2 ft.) above the finished grade elevation measured at the corresponding side wall of the building; (e) a satellite dish, radio tower or television antenna where attached to a principal dwelling having a maximum projection of .61 metres (2 feet). (4) Wheel Chair Ramps A wheelchair ramp may encroach into any required yard. 4.2.2 Accessory Uses, Buildings, and Structures (1) In all Residential Districts the following regulations shall apply to uses, buildings and structures including private garages, pergolas and gazebos, which are accessory and detached from the principal dwelling: Side yard, minimum - 1.0 metres (3.28 ft.) and no structure shall have a projection greater than 0.61 metres (2 ft.) beyond the main wall. - 1.2 metres (3.94 ft.) for attached and detached decks - In the case of a semi-detached or multiple unit townhouse development where the garage is shared with an interior partitioning wall or walls, there shall be no minimum setback. City of Warman Zoning Bylaw No. 2018-06 38 Rear yard, minimum - 1.2 metres (3.94 ft.) - For attached and detached decks higher than 0.61 metres (2 ft.) above the finished grade, see rear yard setback for a specific residential zone. Front yard, minimum - The front yard of the principal building of the specific zoning district shall apply. Height, maximum, Permitted Approval - 4.0 metres in height from grade level to the underside of the eaves - 6.0 metres overall height Discretionary Approval - Overall heights exceeding 6 metres Minimum distance from a principal building - 1.2 metres (3.94 ft.) - Gazebos and pergolas - n/a Rear yard lot coverage - Maximum 50% total rear yard coverage for all accessory buildings and structures except uncover decks. (2) Private garages, carports, and accessory buildings attached to a principal building by a substantial roof structure shall be considered as part of the principal building and subject to the regulations of the principal building. (3) The following structures are allowed in a required yard and are not subject to setback regulations, except where a sight triangle is required: (a) In all yards: sidewalks, uncovered driveways, lighting fixtures, and lamp posts. (b) In rear yards; in addition to the structures listed in clause (a) above, recreation equipment, laundry drying equipment, garbage stands and accessory structures/buildings under 100 square feet excluding decks. (c) If an attached deck is attached to a semi-detached residence and resides on both properties, no side setback is required on the connecting side. (d) If a detached garage is shared by two properties, no side setback is required on the connecting side but the garage must have a dividing inner wall. 4.2.3 Secondary Suites The following regulations shall apply to secondary suites developed in any residential district: (1) For the R2-T and R3 zones, two (2) secondary suites shall be permitted per block per side, three (3) secondary suites may be permitted but shall be at Council's discretion. (2) Secondary suites shall not occupy more than 45% of the gross floor area of the dwelling including the basement. (3) A dwelling must have a minimum floor area of 100 square metres (1,076.42 sq. ft.) to accommodate a secondary suite. City of Warman Zoning Bylaw No. 2018-06 39 (4) No more than one secondary suite shall be located in a single detached dwelling or in a semi-detached dwelling. (5) One off-street parking space shall be provided for the secondary suite. If the parking space is provided in the front yard, a minimum 25% of the front yard must remain as a soft landscaped area. (6) Where a secondary suite has a separate entrance from the outside, this entrance may only be located on a side or rear wall of the principal dwelling. (7) Secondary suites shall comply with all relevant requirements of the National Building Code. (8) Secondary suites shall not be subject to separation from the principal dwelling through a condominium conversion or subdivided title. 4.2.4 Fences and Hedges Fences may be constructed or hedges and shrubs grown, along a lot line only in conformance with the following regulations: (1) No wall, fence, hedge or shrub (excluding trees) located along any side or rear lot line, shall exceed 2 metres (6.56 ft.) in height. (a) Maximum height may be increased to 3.44m (8.0 ft.) at the discretion of the development officer when the property is located adjacent to a property zoned commercial of industrial. (2) No wall, fence, hedge or shrub (excluding trees) located along any lot line in any required front yard, shall exceed 1 metre (3.3 ft.) in height. (3) In the case of a corner lot, no wall, fence, hedge, shrub or tree shall exceed 1 metre (3.3 ft.) in height, measured above the grade of the streets that abut the lot or site, in an intersection sight triangle. (4) In cases where a fence is constructed on a retaining wall, the height is calculated as the average combined height measured from grade on both sides of the fence and retaining wall. (5) A gate to prevent or limit access to a private condominium roadway is prohibited. (6) Electric and barbed wire fences are prohibited in all Residential Zoning Districts. (7) In the case of a semi-detached dwelling or multi-unit townhouse dwelling, a privacy wall of no more than 2m from the base of a rear deck may be installed along a property line. 4.2.5 Landscaping (1) All front yards in any residential district shall be landscaped with common residential soft landscaping materials within 18 months of the dwelling being substantially City of Warman Zoning Bylaw No. 2018-06 40 completed. (2) A performance bond or letter of credit may be required in accordance with policies of the City of Warman to ensure landscaping is completed. (3) A minimum of 25% of the front yard setback must be soft landscaped which may consist of any or all of the following: (a) trees, shrubs, grass, flowers, ground cover; (b) large feature rocks, bark chips, or field stone; (c) berming, terracing; or (d) other innovative landscaping features. 4.2.6 Storage (1) No side or front yards shall be used for the storage or collection of goods, commodities or other forms of material. (2) Any dismantled or wrecked vehicle shall not be left on a residential site for more than fourteen (14) successive days. (3) No person shall keep or permit in any part of a front yard no more than two (2) unlicensed vehicles. 4.2.7 Private Swimming Pools and Hot Tubs (1) Regulations for private swimming pools and hot tubs will be provided under Bylaw 87-11, known as the "Swimming Pool Bylaw". 4.2.8 Prefabricated Homes (1) Prefabricated homes shall be considered as single detached dwelling units and shall be subject to the same regulations as single detached dwelling units in the appropriate residential district where listed as a permitted or discretionary use. 4.2.9 Exterior Lighting (1) Where artificial outdoor lighting is used to illuminate any site or building, the light shall not be directly pointed at an adjacent property or cause enough light pollution to adversely affect the use, enjoyment and privacy of any adjacent dwelling at the discretion of the Development Officer. (2) No flickering and flashing lights are permitted. 4.2.10 Kitchens and Stoves (1) In an R2 and R2-T zone, secondary suite status must be applied for and approved by the Development Officer prior to the development of a second kitchen. (2) In an R2 and R2-T zone, secondary suite status must be applied for and approved by the Development Officer prior to the installation of a second stove in any area other than the main kitchen of the dwelling. City of Warman Zoning Bylaw No. 2018-06 41 City of Warman Zoning Bylaw No. 2018-06 42 4.3 Commercial and Industrial Districts 4.3.1 Accessory Uses, Buildings, and Structures (1) In all Commercial and Industrial Districts the following regulations shall apply to uses, buildings and structures, which are accessory and detached from the principal building: Side yard, minimum - 1.0 metres (3.28 ft.) and no structure shall have a projection greater than 0.61 metres (2 ft.) beyond the main wall. - 1.2 metres (3.94 ft.) for decks - Under 100 square feet - no setback Rear yard, minimum - 1.2 metres (3.94 ft.) - Under 100 square feet - no setback Front yard, minimum - the front yard of the principal building of the specific zoning district shall apply. Height, maximum, Permitted Approval - 4.0 metres in height from grade level to the underside of the eaves - 5.0 metres overall height - Cannot exceed height of the principal building Discretionary Approval - Overall heights exceeding 5 metres Distance from a principal building - minimum 1.2 metres (3.94 ft.) Rear yard lot coverage - maximum 50% total rear yard coverage for all accessory buildings and structures except uncovered decks. (2) Private garages, carports, and accessory buildings attached to a principal building by a substantial roof structure shall be considered as part of the principal building and subject to the regulations of the principal building. (3) The following structures are allowed in a required yard and are not subject to setback regulations, except where a sight triangle is required: (a) In all yards: sidewalks, uncovered driveways, lighting fixtures, and lamp posts. 4.3.2 Projections in Yards In any Commercial or Industrial District, where minimum front or rear yards are required, such minimum requirement shall not apply to prevent the construction or location of chimney chases, fire escapes, steps, eaves and gutters of 0.61 metres (2 ft.) or less. 4.3.3 Fences and Hedges Fences constructed or and hedges and shrubs planted in Commercial or Industrial Districts shall comply with the following regulations: City of Warman Zoning Bylaw No. 2018-06 43 (1) Except where required for screening, a fence, hedge or shrub (excluding trees) shall not exceed 3 metres (9.84 ft.) in height in industrial districts, and shall not exceed 2 meters (6.56 ft.) in height in commercial districts. (2) In the case of corner lots, no fence, hedge, shrub, or tree shall be placed so as to create a visual obstruction in a sight triangle. (3) Barbed wire fences may be permitted in Industrial Districts at the discretion of the Development Officer however they must be located in the rear or side yard only and located above a height of 1.8m. (4) Electric fences are prohibited in all Commercial and Industrial Zoning Districts. 4.3.4 Landscaping and Screening (1) Visual screening to a minimum height of 1.8 m (5.9 ft.) shall be provided by fences, privacy walls, landscaping, or combinations thereof, where a commercial or an industrial site abuts a Residential District. Materials used shall provide year- round screening. (2) If permitted, outside storage areas of commercial and industrial materials and equipment shall be screened from adjacent sites and public streets to a minimum height of 1.8 m (5.9 ft.) by fences, privacy walls, landscaping, or combinations thereof. Materials used shall provide year-round screening. (3) In the C2 Zoning District, the boulevard and an average 3 metre (9.84 ft.) strip adjacent to and for the full length of any street, shall be landscaped in accordance with a landscaping plan approved by the Development Officer. (4) In the M1 Zoning District the boulevard and a minimum of 10% of the site area shall be landscaped in accordance with a landscaping plan approved by the Development Officer. A majority of the required landscaping shall be concentrated in the front yard. (5) Landscaping may consist of any or all of the following: (a) trees, shrubs, grass, flowers, ground cover; (b) large feature rocks, bark chips, field stone, stamped concrete, decorative pavers (limit of 25% of total landscaped area in the front yard); (c) berming, terracing; or (d) other innovative landscaping features. (6) Surface parking facilities containing more than forty (40) parking spaces must provide one (1) node per twenty (20) stalls with a minimum width of 3 m (9.84 ft.) to separate the parking spaces and provide visual screening. (7) Any trees or shrubs which die, that were planted in accordance with an approved landscaping plan shall be replaced the next planting season. (8) All areas of soft landscaping shall be provided with adequate means of irrigation. 4.3.5 Garbage Enclosures City of Warman Zoning Bylaw No. 2018-06 44 (1) A principal building or use shall be provided with a garbage enclosure designed, located and visually screened to the satisfaction of the Development Officer. (2) The visual impacts of garbage and recycling storage areas must be minimized, especially from adjacent streets, properties, pedestrian pathway and, open spaces. 4.3.6 Entrances and Exits for Vehicles (1) Every lot must have at least one access point from a public roadway, except where a public access easement is provided. (2) The design, number and location of entrances and exits for vehicles shall be approved by the Development Officer based upon the site layout, potential traffic generation and public road facilities. (3) The Development Officer may require that entrances and exits for vehicles be separate, one-directional, and/or adequately signed. (4) Vehicular access to parking and loading areas must be located in a manner so as to minimize the impact of parking and driveways on the pedestrian environment and adjacent development. 4.3.7 Noise Attenuation (1) Whenever possible, the buildings, landscaping and fences should be designed to assist sound attenuation to protect residential areas adjacent to commercial and industrial areas. 4.3.8 Exterior Lighting (1) Where artificial outdoor lighting is used to illuminate any site or building, the type, location, orientation and shielding of light shall not: (a) illuminate adjacent developments, (b) adversely affect the use, enjoyment and privacy of any residential dwelling and its amenity spaces in the area, (c) interfere with traffic safety on public roadways. (2) Pedestrian scale lighting is encouraged. Lighting for signage, parking areas and pedestrian areas should be carefully placed and oriented to shine away from adjacent properties. (3) Where artificial outdoor lighting is used for the illumination of a sign related to a particular development, the design and location of such lighting shall be included in the Development Permit application for the sign. (4) All exterior lighting fixtures, whether attached to the building face or on freestanding light standards, shall be architecturally integrated with the building style, material and colours of the principal building. (5) No flickering and flashing lights are permitted. City of Warman Zoning Bylaw No. 2018-06 45 5. SPECIAL PROVISIONS This section addresses special provisions and specific development standards that apply to a development where allowed as a permitted or a discretionary use in a zoning district. 5.1 Development Standards - Discretionary Uses (1) In approving a discretionary use, Council may prescribe specific development standards in excess of the Zoning District regulations that are intended to minimize land use conflict related to: - the nature, size, shape, elevation and surface drainage of the site; - the size, shape and arrangement of buildings; - access and traffic patterns for persons and vehicles on and off-site; - type and volume of vehicle traffic; - off-street parking and loading; - safeguards to prevent offensive emissions; - landscaping; - screening and fencing; and - lighting and signs. 5.2 Bed and Breakfast Lodging Bed and breakfast lodging, where allowed in a specific district, shall be subject to the following development standards: (1) Bed and breakfast lodging shall be located in a single detached dwelling used as the operator's principal residence. (2) Bed and breakfast lodging shall be licensed by the Department of Health and meet the requirements of the National Building Code and National Fire Code. (3) A maximum of two guest bedrooms shall be permitted in a dwelling operating as bed and breakfast lodging. (4) Off-street parking shall be provided in accordance with Section 7.2. (5) One non-illuminated window or wall sign having a maximum facial area of .2 square metres (2.15 sq. ft.) advertising the bed and breakfast lodging is permitted. 5.3 Home Occupations Home occupations, where allowed in a residential district, shall be subject to the following development standards: (1) No person or persons shall commence or operate a home occupation until a Home Occupation Application Form, as established by Council, is completed and permission is obtained from the City to commence or operate the home occupation. City of Warman Zoning Bylaw No. 2018-06 46 (2) Home occupations may be located in a dwelling used as the owner's own residence or in a building accessory to the dwelling. (3) Home occupations shall be conducted entirely within the dwelling or accessory building. (4) Home occupations shall not create any conflict with the residential area in terms of emissions including but not limited to noise, glare, dust or odour, which would be disruptive to the surrounding residential uses. (5) Home occupations shall not result in a prominent increase in traffic or parking needs in the residential area. (6) The home occupation shall not have any exterior display or storage of materials and no exterior variation from the residential character of the residence or its accessory building. (7) One non-resident of the dwelling may be employed in the home occupation, but additional non-residents of the dwelling must first be permitted by a Development Officer. (8) No more than 25 percent of the gross floor area of the principal building shall be used for the home occupation. (9) All permits issued for home occupations shall be valid for the period of time the property is occupied by the applicant. (10) One (1) on-site parking space to be used exclusively for the home occupation shall be provided. Where customers, business-related visitors or other people may attend the premises, a sufficient number of off-street parking spaces shall be provided. The number and location of the off-street parking stalls is at the discretion of the Development Officer. (11) There shall be a maximum of no more than three (3) business-related visitor vehicles can visit the site at any one time. (12) Only one (1) commercial vehicle of a maximum of one (1) ton capacity related to a home occupation shall be allowed in the front parking area. (13) The Development Officer may require proof of consent from the building manager or landowner for those home occupations proposed to be operated in multi-unit buildings and/or rental dwellings. (14) In addition to a development permit, a home occupation application is also required to conform to all municipal, provincial and federal regulations or legislation. Failure to do so may result in the revocation of the development permit. (15) Retail sales from the home will only be permitted for direct sellers, and will be limited to custom goods that are manufactured or produced on site. (a) Retail sales from the home will only be permitted for direct sellers, and will be limited to custom goods that are manufactured or produced on site. (b) Non-traditional Home Occupations may be permitted for retail sales as per the unique conditions of their approval City of Warman Zoning Bylaw No. 2018-06 47 (16) Products complementary to the home occupation may be sold (e.g. hair products for a hair salon, supplements for a gym service, etc.). (17) The City must receive explicit landowner permission prior to approving a home occupation for a tenant. 5.4 Service Stations and Gas Bars Service stations and gas bars, where allowed in a specific zoning district, shall be subject to the following development standards: (1) Fuel pumps and other accessory equipment shall be located at least 6 metres (19.69 ft.) from any street or lot line. (2) All automobile parts, dismantled vehicles and similar articles shall be stored within a building or screened to the satisfaction of Council. (3) All business shall be conducted and all goods stored wholly within an enclosed building except as required in the servicing of motor vehicles. (4) The arrangement of the proposed structure on the site shall be designed to reduce conflict with adjoining uses. (5) The site layout shall be designed that vehicles may be served and bulk fuel may be delivered without any obstruction to the public. (6) The access to the site shall be designed to reduce conflict with other vehicular and pedestrian traffic. (7) Any specific development standards imposed related to landscaping, screening, open spaces, parking and standing areas for vehicles shall be designed to reduce conflict with adjoining land uses and to ensure adequate areas for vehicles on the property. (8) The storage of fuel shall meet all provincial regulations. (9) All parts of the site to which vehicles have access shall be hard surfaced and drained to the satisfaction of Council. 5.5 Personal Care Homes A personal care home shall be subject to the following development standards where developed in a single detached dwelling in a residential area: (1) The personal care home shall maintain the single detached residential character of the property consistent with the neighbourhood. (2) A personal care home shall meet all of the regulations for a single detached dwelling as prescribed for the district in which it is located. City of Warman Zoning Bylaw No. 2018-06 48 (3) The operator of the personal care home shall be a permanent resident of the dwelling licensed as a personal care home. (4) A maximum of (2) personal care homes will be allowed in a block and may be located on the same side of the street or on opposite sides of the street. (5) The maximum number of residents allowed in a personal care home shall be ten residents. (6) Any changes resulting in the increase in the number of residents to the maximum number set in clause (4) or an increase in the area devoted to a personal care home or alterations or additions to the structure used as a personal care home shall require a new development permit for a discretionary use. (7) One non-illuminated window or wall sign having a maximum facial area of 0.2 square metres (2.15 sq. ft.) advertising the personal care home is permitted. (8) Off-street parking shall be provided in accordance with Section 7.2. 5.6 Bare Land Condominium Plans The following regulations shall apply to all bare land condominium plans: (1) Bare land condominium plans shall be considered a single lot for the purpose of regulations under this Bylaw: Distance of principal buildings to condominium plan property lines: Yard, front - minimum - subject to applicable Zoning District regulations; Yard, rear - minimum - Subject to applicable Zoning District regulations; Yard, side - minimum - Subject to applicable Zoning District regulations; Lot coverage - maximum - Subject to applicable Zoning District regulations; Distance between buildings: - minimum distance between side walls of buildings within the condominium plan shall be 3 metres (9.84 ft.) or half the average wall height of both buildings combined whichever is greater. - minimum distance between rear walls of buildings within the condominium plan shall be 12 metres (39.37 ft.) Distance of principle buildings to internal roadways and parking areas: - minimum distance from an internal roadway to the nearest foundation wall of a principal building shall be 3 metres (9.84 ft.). Other applicable regulations - Other applicable Zoning District regulations shall apply to bare land condominium plans. 5.7 Temporary Development (1) Notwithstanding any provisions of this Bylaw, the Development Officer may conditionally approve a development on a temporary basis in any zoning district provided that the use, building or structure is listed as either a permitted or discretionary use in the relevant zoning district and provided that temporary City of Warman Zoning Bylaw No. 2018-06 49 buildings or structures are not placed on permanent foundations. (2) The Development Officer may issue a Temporary Development Permit for a period of not more than two (2) years. (3) The Development Officer may approve a Temporary Development Permit if in their opinion the use would not unduly interfere with the amenities of the surrounding neighbourhood; or materially interfere with or affect the use and enjoyment of neighbouring parcels. (4) When considering an application for a Temporary Development Permit, the Development Officer shall consider the location and its proximity to residential properties; traffic access and parking; and the availability of utility services. (5) After the expiration of the permit the applicant shall: (a) cease or remove the use, building or structure; or (b) make written application to the Development Officer for renewal of the development permit setting forth the reasons therefore, not later than sixty (60) days prior to the day on which the Development Permit will cease to be in effect. There shall be no obligation to approve it on the basis that the previous permit had been issued. (6) The City shall not be liable for any costs involved in the cessation or removal of any use, building or structure upon the expiry of the permit. (7) The City reserves the right to require removal of the temporary structures if the City deems it unsafe or unsightly City of Warman Zoning Bylaw No. 2018-06 50 6. SIGN REGULATIONS 6.1 Definitions Terms and words used in this Bylaw regarding the regulations of signs, unless the context otherwise requires, are defined as follows: Changeable Copy - a portion of a sign which allows copy to be changed either manually through the use of attachable characters or automatically through electronic switching, lamp banks or illuminated tubes. Changeable copy includes mechanically controlled time and temperature displays. Sign - any device, letter, figure, symbol, emblem or picture, which is affixed to or represented directly or indirectly upon a building, structure or a piece of land and which identifies or advertises any object, product, place, activity, person, organization, or business in such a way as to be visible to the public on any street or thoroughfare. Sign Structure - is any structure that supports a sign, including materials used to conceal or improve the visual appearance of the structural parts. Sign, Abandoned - any sign which is on-premises or off premises that has either intentionally or unintentionally been allowed to fall into a state of disrepair, or a sign which is not in a readable state. Sign, A-Board - an A-shaped portable sign that is used for temporary placement and has no external supporting structure. Sign, Animated - any sign or a portion of a sign having moving parts or electronically controlled colour changes or lights that depict action or give motion to the sign, and includes flashing lights. Sign, Awning - a non-illuminated sign painted or affixed to the surface of an awning which does not extend beyond the perimeter of the awning. Sign, Billboard - a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the lot on which the sign is located. Sign, Construction - a temporary sign erected by a person or company on the premises undergoing construction, identifying pending development and information relating to construction process, labour services, materials or financing, name of building, as well as the owner and participants in the development project, but not including the advertisement of any products. Sign, Converted Vehicle and Trailer - a vehicle or trailer not originally designed as a sign, but which has been converted or used for that purpose. Sign, Directional - any sign: a) displaying safety or warning messages; b) directing traffic or providing parking directions; or c) giving instructions, directions or orders to persons making use of premises. City of Warman Zoning Bylaw No. 2018-06 51 Sign, Face - the entire area of a sign on which a copy could be placed. In the case of multi-faced signs, each facial side of the sign shall be included in determining the total sign surface area. Sign, Facial Area - the entire surface area of a sign or in the case of a painted wall sign the smallest geometric figure which describes the area enclosed by the sign face. Sign, Free-Standing - a sign structurally supported by one or more up-rights or braces placed in the ground and not attached to any building. Sign, Identification - a sign which is limited to the name, address and number of a building, institution or person and to the activity carried on in the building or in the institution, or the occupation of the occupant, but does not include any advertising copy. Sign, Illuminated - any sign having lighting directed on the sign face or from a light source located within the sign which is transmitted through a transparent or translucent sign face. Sign, Inflatable - is a sign made of a flexible material that can take on a three dimensional shape when filled with an inert gas. Commonly used as a temporary sign for special events or a promotion. Sign, Portable - a free-standing sign which is capable of being relocated and which may have lettering that can be changed manually, but does not include vehicles and trailers not originally designed as a sign, but which have been converted or used for that purposes. Sign, Real Estate - a sign that advertises the sale of undeveloped land or unoccupied structures on which the sign is displayed, and does not include the advertising of lease or rental space. Sign, Temporary - an on-premises or off-premises sign that is relocatable or removable from a site and used for a defined period of time. Sign, Wall - a sign attached to or painted on the wall of a building or structure or its fascia in such a manner that the wall is the supporting structure for or forms the background surface of the sign and which does not project more than 0.5 metres (1.64 ft.) from such building or structure. Third Party Advertising - a sign or portion of a sign which advertises goods or services sold on another property. 6.2 The Need for a Sign Permit (1) Except as otherwise provided, a sign permit is required for erecting, enlarging, changing or structurally altering a sign. A sign shall not be erected, altered, enlarged or maintained upon any property, lot or street in any district, by any person, except in conformity with the regulations outlined in the following sections: (2) Applications for a sign permit must be made in writing in the prescribed form to the Development Officer by the owner, lessee, or authorized agent of the premises that the sign is to be located on. The Development Officer will require plans, City of Warman Zoning Bylaw No. 2018-06 52 specifications and construction details and other information as deemed necessary to determine the nature and location of the intended sign or billboard. (3) The provisions of these regulations shall not be construed as to limit or interfere with the erection and maintenance of signs on public streets, public lanes or public places or signs which are designed and intended for the safety or protection of the health and general welfare of the public, which are essentially for the maintenance and protection or efficient operation of public service and public property or which are primarily intended for direction of the public and identification of establishments or places of public service which are clearly not operated for the purpose of gain. (4) A sign permit is not required for the following, however, general regulations must be complied with where applicable: (a) Government signs where signs erected by a duly constituted government body or organization is for the purpose of providing information by: (i) a public service by the City; (ii) an agency supplying a public utility; (iii) the Provincial or Federal Government; and (iv) a committee or local authority established by the City. (b) Directional signs having a maximum facial area of 1 square metre (10.76 sq. ft.). (c) Event signs which are unlighted signs having a maximum facial area of 3 square metres (32.29 sq. ft.) displayed on private property and limited to one per each premise, announcing a campaign, drive or event of a civic philanthropic, educational, or religious organization, to be removed within one (1) day after the event. (d) Display window signs located on the surface of or inside display windows, lighted only by building illumination. (e) Construction signs subject to the following regulations: (i) two signs on the premises are permitted; and (ii) the maximum sign facial area shall be 7.5 square metres (80.73 sq. ft.) for each sign permitted on site. (iii) these signs must be removed within 14 days after the building is occupied. (f) Real estate signs - one unlighted sign having a maximum facial area of 1.2 square metres (12.92 sq. ft.). (g) Address designation signs - signs that denote a numerical civic address or occupant having a maximum facial area of 0.6 square metres (6.46 sq. ft.), and when illuminated, shall be continually lit. (h) Tenant identification signs - signs located inside a building including tenant identification inside an enclosed shopping centre. (i) Copy change on a lawful sign provided that the position, height, dimensions, lighting and structural framework of the sign are not altered. (j) Election signs (k) Banners City of Warman Zoning Bylaw No. 2018-06 53 (l) Garage/yard sale signs subject to the following regulations: (i) Garage/yard sale signs are permitted in residential districts; (ii) Garage/yard sale signs shall not be located on City property, including centre medians or traffic islands. (iii) Garage/yard sale signs cannot be any larger than 0.6 square metres (6.46 sq. ft.). (iv) The signs may be posted for a maximum period of 48 hours and shall be removed immediately after the time period expires. 6.3 General Regulations (1) No sign shall be located in any manner that would visually obstruct or jeopardize the safety of others. (2) Signs shall not interfere with traffic signs or lights, public utilities, landscaping or street furniture. (3) Free-standing signs and billboards shall not be placed or maintained within a sight triangle. (4) The Development Officer may allow a variance that allows the placement of a free- standing sign or a billboard wholly or partially within the sight triangle, where in the opinion of the Development Officer the distance between the property line and the sign does not impede vehicular traffic or interfere with traffic signals. (5) Where intermittent lights are deemed to be a safety hazard by Council, or a duly appointed police officer for the City, such lights shall be converted to a steady source of illumination. (6) Where signs are to be placed adjacent to a provincial highway, they shall be subject to Saskatchewan Highways and Transportation regulations where applicable. (7) Converted vehicle and trailer signs are not permitted in the City of Warman. (8) The exterior finish and construction of all signs shall be of an appearance satisfactory to the Development Officer. (9) All signs shall be kept in a safe, tidy and legible condition and may be required to be renovated or removed at the discretion of the Development Officer. (10) Signs with inappropriate or no content shall be ordered renovated or removed at the discretion of the Development Officer. (11) Inflatable signs shall not exceed the maximum building height of the Zone and shall be located within any required yard or setback. (12) A-board signs must be less than 0.6 square metres (6.46 sq. ft.) and be pedestrian oriented and rest on the ground. City of Warman Zoning Bylaw No. 2018-06 54 6.4 Contraventions of the Sign Regulations Offences and Penalties (1) When a person contravenes any of the provisions of this Bylaw respecting signs, that person or persons shall be liable on summary conviction to the penalties provided for in this Bylaw. 6.5 Removal or Repair of Signs (1) If any sign is abandoned, erected without an approved permit, an approved permit lapses, or a sign no longer complies with the terms of an approved permit, the Development Officer may order the owner of the sign, the owner of the property on which the sign is erected or both, to remove, repair or modify the sign and the party or parties so notified shall: (a) remove, repair or modify such sign and all related structural components in accordance with the terms of the notice within thirty (30) days from the date of receipt of such notice; and (b) restore the immediate area around the sign, to the satisfaction of the Development Officer, including the ground or any building to which the sign was attached, as close as possible to its original form prior to the installation of the sign. 6.6 Sign Regulations for Residential Districts The following regulations shall apply to signs allowed in any Residential District: (1) One wall sign is permitted for a dwelling having a maximum facial area as follows: (a) multiple unit dwellings - 1 square metre (10.76 sq. ft.); and (b) all other dwellings - 0.5 square metre (5.38 sq. ft.). (2) One additional sign for multiple unit dwellings may be erected as follows: (a) a free-standing sign having a maximum facial area of 2.3 square metres (24.76 sq. ft.) in area; or (b) a free-standing canopy or awning sign subject to subsection (3) and providing a minimum clearance of 2.45 metres (8 ft.) between the bottom of the canopy and sidewalk or ground. (3) Free-standing signs shall be located at least 3 metres (9.84 ft.) from any lot line and not be located in a sight triangle. (4) Non-residential uses in a residential district shall be subject to sign regulations for multiple unit dwellings. (5) One real estate sign not exceeding 1.5 square metres (16.15 sq. ft.) in area to a maximum height of 2.5 metres (8.2 ft) in height. (6) All signs shall be located wholly within the lot and shall not create visual obstructions or jeopardise public safety. 6.7 Sign Regulations for Commercial and Industrial Districts The following regulations shall apply in any Commercial District or Industrial District: City of Warman Zoning Bylaw No. 2018-06 55 6.7.1 General Regulations (1) Signs in commercial and industrial districts may be illuminated by direct or indirect lighting and the lights may project different colours and may be intermittent. (2) All signs shall provide a minimum clearance of 2.45 metres (8.2 ft.) between the bottom of the sign and a street or sidewalk. (3) (a) Signs shall be located a minimum distance of 1 metre (3.28 ft.) from any lot line. (b) Within the C1 zone, this setback can be reduced to 0.5m from the back of sidewalk (1.64 ft.). (4) Signs advertising businesses no longer in operation shall be removed. (5) Vacancy signage shall be regulated under section 6.7.3 "Freestanding Signs" or section 6.7.4 "Portable Signs" 6.7.2 Animated and Illuminated Signs (1) Animated and illuminated signs are permitted in commercial and industrial districts only, provided that: (a) the sign is constructed in a way that any illumination from it is deflected away from any adjacent residential premise; (b) any illumination from the sign does not impede vehicular traffic or interfere with traffic signals. (3) Only electric illumination is permitted and shall be constructed according to the provision of the Electrical Regulations of the Province of Saskatchewan. (4) When an illuminated sign is in operation, the outer edge of the faces of the sign or all those portions of the sign other than the outer edge shall be continually lit. (5) No animated or illuminated sign shall be permitted in a Residential District. 6.7.3 Freestanding Signs: (1) One free standing sign may be permitted per site. (2) Notwithstanding subsection (1), a second free standing sign may be permitted at Council's discretion on C1 - Central Business Commercial and C2 - Highway Commercial properties if a minimum 30 metre (98.43 ft.) separation from any other freestanding sign on the same site is provided. (3) The height of the sign may not exceed 9.1 metres (30 ft.). (4) The sign may not exceed 14 sq. metres (150.70 sq. ft.) in area, unless otherwise approved by Council. City of Warman Zoning Bylaw No. 2018-06 56 (5) A minimum of 30 metre (98.43 ft.) separation from any other sign along the same street must be maintained unless otherwise approved by Council. (6) Free standing signs that exceed 7.6 metres (24.93 ft.) in height above the adjacent finished ground shall be structurally designed by a Registered Architect or a Professional Engineer of the Province of Saskatchewan. (7) The foundations of freestanding signs that exceed 5 metres (16.4 ft.) in height shall be constructed with concrete. (8) The concrete foundations of free standing signs shall not project more than 1.5 metres (4.92 ft.) above grade. (9) Concrete foundations shall not be used for any subsequent sign except the original sign for which the foundations where installed, unless the foundations have been approved for another sign by a Registered Architect or a Professional Engineer of the Province of Saskatchewan. 6.7.4 Portable Signs: (1) Except as may be permitted by the Development Officer, a portable sign shall not be located or encroach onto a public roadway, boulevard, or sidewalk. (2) Portable signs shall be prohibited where: (a) They are located along the travelled portion of a public highway; (b) They obscure or cause confusion with traffic lights and signs or in anyway endanger progress of traffic through the streets of the City; (c) They are located less than 15.24 metres (50 ft.) from any residential dwelling unit. (3) No portable sign should occupy any space that is reserved for off-street parking unless the site contains surplus off-street parking which is in excess of that required by the Zoning Bylaw. (4) (a) On sites with multiple businesses, a portable sign shall not be located or erected for a period greater than 30 consecutive days. During this time the copy of the sign maybe changed as often as is necessary. After the time period expires, that location shall remain free of portable signs for a period of 30 consecutive days. (b) Where one business is located on one site and there is not competition for multiple portable signs, a portable sign can be applied for with an annual license. (5) The maximum height of a portable sign shall be 2 metres (6.56 ft.). (6) The maximum sign facial area shall not exceed 3 square metres (32.29 sq. ft.). (7) No portable signs shall be located on City property including centre medians or traffic islands without prior consent of the City. (8) On any single site, a portable sign may not be located any closer than 15.24 metres (50 ft.) to another portable sign unless written approval from the Development Officer. City of Warman Zoning Bylaw No. 2018-06 57 (9) A portable sign that is advertising a special event in the form of a birthday or anniversary or other similar event that is being celebrated by the owner or lessee of the premises may be placed anywhere on the site, providing that such signs are erected for a period of not more than 48 hours. (10) Third party advertising is not permitted on portable signs with the exception of portable signs located within the City of Warman Sign Corridor. (11) A portable sign shall not interfere with access to or from the site and shall not impair sight lines for traffic. (12) For multiple tenant development, such as shopping centres, with a frontage greater than 15.24 metres (75.5 ft.), one portable sign shall be allowed for each 15.24 metres (50 ft.) of frontage provided there is a separation space of 15.24 metres (50 ft.) between each sign. At no time shall there be more than four portable signs per site. (13) Portable signs shall have a permanent tag, label, plate or marking that identifies the ownership of the sign for enforcement purposes and shall be displayed in a visible location. (14) Portable signs may be illuminated but shall not have any flashing or animated lights. (15) Portable signs shall be neat and tidy in appearance and be located on a level, hard surface. 6.7.4.1 Portable Signs for Non Profit Organizations (1) Organizations which are non-profit and community oriented may place portable signs provided that: (a) Such signs may not stay on the site for more than 30 days. (b) Signs may not display any form of advertising for commercial product or service. (2) Notwithstanding clause (b) above, Non Profit Organizations may have third party advertising on their sign, only to show who is sponsoring an event. (3) Any portable signs found which are in violation of this section will have 48 hours following notice from the City, and may be removed and fined by the City of Warman. 6.7.5 Wall signs: (1) A wall sign may not exceed 20% of the area of the face of the building to which the sign is attached or 14 square meters (150.70 sq. ft.) whichever is less, unless otherwise approved by Council. (2) The sign may not project more than 1 metre (3.28 ft.) above the roof or marquee. (3) In a C1 zone, wall signs are permitted to encroach past the front property by 0.5m. City of Warman Zoning Bylaw No. 2018-06 58 6.8 Signs Permitted at Council's Discretion The following signs may be allowed at Council's discretion in a CS-Community Service or UH-Urban Holding District where considered appropriate: 6.8.1 Billboard Signs (1) Billboards shall be considered a discretionary use in all districts. (2) The billboard sign face regulations shall be as follows: (a) maximum single face area - 20 square metres (215.29 sq. ft.) (b) maximum total face area - 40 square metres (430.57 sq. ft.) (c) maximum number of faces - 2 (d) double faced signs shall be constructed so one face is completely behind and parallel to the other face and facing the opposite direction. (e) maximum height above grade - 6 metres (19.69 ft.) (3) No billboard shall have flashing or intermittent light. All lighting shall be shielded from direct view from any roadway or site boundary. (4) A billboard erected above grade that exceeds 4.5 metres (14.76 ft.) in height shall be constructed with a steel frame attached to concrete foundations and structurally designed by a Professional Engineer or an Architect Registered in Saskatchewan. (5) Billboards erected on the same street or highway that face the same direction shall not be placed closer than 90 metres (295.27 ft.) to each other. (6) Notwithstanding subsection (5), billboards erected in the City of Warman Sign Corridor that face the same direction shall not be placed closer than 18 metres (59.06 ft.) to each other. (7) Billboards may be double faced and each side shall be considered as facing traffic flowing in the opposite direction. (8) An auxiliary sign or other material shall not be hung on, above or below a billboard unless that billboard has been designed by a Professional Engineer or an Architect Registered in the Province of Saskatchewan to handle the additional load. (9) If the back of a Billboard is visible, it shall be suitably painted or covered so as to present a clean and tidy appearance. (10) Council may place special conditions on the location of the billboard on a site to protect the clear view of an intersection or a highway approach, or other directional and informational signs. 6.8.2 Community Signs (1) Community Signs shall be considered as any sign relating to the municipality of the City of Warman including community identification signs, community event signs and any other signs determined by the Development Officer to be Community Signs. City of Warman Zoning Bylaw No. 2018-06 59 (2) In considering an application for a Community Sign, Council may apply specific development conditions related to: (a) location and orientation of the sign; (b) size and height; (c) proximity to residential land uses; (d) proximity to other signs; and (e) lighting, where the sign is to be illuminated. City of Warman Zoning Bylaw No. 2018-06 60 7. OFF-STREET PARKING AND LOADING REGULATIONS 7.1 General Regulations (1) No person within any district shall erect, enlarge, substantially alter, or extend any building permitted under this Bylaw, unless the required off-street parking and loading spaces are provided and maintained in connection with such development. (2) When the intensity of use of any building or use is increased by the addition of dwelling units, floor area, seating capacity or other unit of measurement, as specified for required parking and loading facilities, the number of parking and loading spaces shall also be increased in conformance with the provisions of this Bylaw. (3) Whenever the existing use of a building is changed the parking and loading spaces shall be provided as required for the new use; however, if the said building or structure was erected prior to the effective date of this Bylaw, additional parking and loading spaces are required only by the number that the requirements for the new use exceed those of the existing use. (4) For any conforming or legal non-conforming building or use which is in existence on the effective date of this Bylaw, that is damaged by fire, collapse, explosion, or other cause to the extent of 50 percent or more of its assessed value and such building is reconstructed, repaired or re-established, off-street parking and loading facilities shall be provided in accordance with this Bylaw. (5) A parking/loading space required by this Bylaw shall be designed so that it is reasonably accessible to the vehicles for which it is intended, provides safe and efficient vehicle circulation, has an aesthetically pleasing appearance from public roads, permits adequate drainage, snow removal, and maintenance, and is satisfactory to the Development Officer in size, shape, location and construction. 7.2 Off-Street Parking (1) Off-Street parking shall be provided in accordance with the following schedule and regulations: Land Use Minimum Parking Spaces Required Residential Dwelling - single detached - semi-detached and duplex - manufactured home - manufactured home parks Multiple Unit Dwellings - multiple units for senior citizen housing - bed and breakfast lodging Institutional - elementary school - high school and collegiate - hospital - special care and nursing home 2 2 per dwelling unit 2 per dwelling unit As per requirements in the R4 Residential District 1.25 per dwelling unit 1 per 4 dwelling units 1 per guest bedroom 1 per classroom 4 per classroom 1 per 3 beds, plus 1 for every 4 employees 1 per 5 beds, plus 1 for every 4 employees Land Use cont. Minimum Parking Spaces Required City of Warman Zoning Bylaw No. 2018-06 61 cont. Institutional - community centre,- assembly hall, places of worship - personal care home - cultural institution - day care facility Recreational - theatre - curling rink - billiard hall - bingo hall, arena - bowling alley - club Office - Retail and Rental Store Shopping Centre and Mini-Mall Restaurant, , Licensed Beverage Room Drive-In Restaurant Hotel, Motel Building Supplies, Lumber Yard, Home Improvement Centre Car Washing Establishments Industrial and Manufacturing Plants Warehousing and Storage Tourist Campground Other 1 per 4 seats provided for patrons 1 where the number of personal care home residents exceeds 5 1 per 20 seats provided for patrons 1 per employee plus 1 per 5 children 1 per every 4 seats for patrons 4 per sheet of ice 1 per billiard table 1 per 4 seats provided for patrons 2 per alley 1 per every 4 seats provided for patrons 1 for every 37 square metres (398.28 sq. ft.) of floor area 1 for every 40 square metres (430.57 sq.ft.) of floor area 1 for every 30 square metres (322.93 sq.ft.) of floor area 1 per every 5 square metres (53.82 sq.ft.) of floor area Minimum of 5 vehicle queuing spaces per order board/window provided in the drive through aisle plus use requirement 1 per guest room or unit 1 for every 50 square metres (538.21 sq.ft.) of floor area 2 vehicle queuing spaces per wash bay 1 for every 55 square metres (592 sq. ft.) of floor area or one for each employee which ever is greater 1 for every 90 square metres (968.78 sq. ft.) of floor area 1 for every 30 square metres (322.93 sq. ft.) of floor area or as required by the Development Officer 1 for every 30 square metres (322.93 sq. ft) of floor area) (2) Required off-street parking spaces in any Commercial or Industrial District may be City of Warman Zoning Bylaw No. 2018-06 62 located on a separate lot that is within a convenient walking distance to a maximum of 150 metres (492.13 ft.) of the principal building or use, provided such spaces are located within a Commercial or Industrial District. Signage at both the development location and the alternate parking location to direct traffic shall be required. (3) In Residential Districts, off-street parking spaces shall be provided on the lot on which the principal use to which the parking pertains is located. (4) Where the necessary off-street parking space is provided on a lot that is separate from the principal use, there shall be recorded in the office of the Development Officer a register able agreement between the municipality and the owner of the lot on which the parking is to be located. The agreement shall be binding on the said owner and his heirs and successors restricting the use of the said lot for the purposes of off-street parking so long as the main use or building for which the parking is provided exists; and a caveat based on the agreement shall be registered against the said lot in the appropriate Land Titles Office by the municipality. (5) At least 10% of the required number of parking spaces for the first 50 required parking stalls and one additional stall per every additional 50 stalls is required for accessible parking spaces per site (e.g. 124 parking stalls would require 7 accessible stalls). (6) Unless approved by the Development Officer, parking spaces for multi-dwelling developments should not be located in the front yard. (7) The Development Officer may require that the parking spaces for any use, other than for a dwelling with four (4) or fewer dwelling units, be provided in a parking lot which has limited access to a street. (8) Where an at grade parking facility includes twenty (20) or more parking spaces, the parking spaces shall be arranged within smaller cells and defined by landscaping. (9) All parking lots associated with multi-unit dwelling, commercial, community service uses should include provisions for adequate bicycle parking. (10) All accessible parking stalls must use the standard accessible parking symbol shown In Figure A-3.8.3.9.(1)-A in the National Building Code of Canada 2015 Volume 1 Division B, with the words "accessible parking". 7.3 Parking Space and Maneuvering Aisle Dimensions (1) All off-street parking spaces in a parking facility shall be a minimum of 2.5 metres City of Warman Zoning Bylaw No. 2018-06 63 (8.2 ft.) in width by 5.5 metres (18.04 ft.) in depth and shall have convenient access to a public street or drive aisle. (2) All off-street parking spaces adjacent to a lane shall be a minimum of 2.5 metres (8.2 ft.) in width by 6.7 metres (21.98 ft.) in depth. (3) All accessible parking spaces shall be a minimum of 4.0 metres (13.12 ft.) in width by 5.5 metres (18.04 ft.) in depth and shall be located closest to the entrance of the building for which they are intended. (4) Maneuvering aisles and driveways serving two-way traffic movements shall be at least 7.0 metres (22.97 ft.) wide. (5) One-way maneuvering aisles and driveways shall be at least 3.6 metres (11.81 ft.) wide. (6) A maneuvering aisle or driveway serving as a fire lane shall be at least 6.0 metres (19.69 ft.) wide. City of Warman Zoning Bylaw No. 2018-06 64 7.4 Payment of Cash-In-Lieu of Required Off-Street Parking (1) Pursuant to The Planning and Development Act, 2007 the Development Officer may exempt any person who is required to provide off-street parking in a Commercial District from the requirement of providing the off-street parking facilities, where, in lieu thereof, he pays or agrees to pay the municipality the sum of money calculated by multiplying the number of off-street parking spaces that would otherwise be required by $3,000.00 per parking space. (2) The payment of cash-in-lieu of providing off-street parking shall satisfy the off-street parking requirement for the existence of the building on the lot except where the intensity of the use is increased or where the use is changed requiring additional off- street parking. Money paid as cash-in-lieu of off-street parking will not be refunded where the intensity is decreased or the use is changed requiring less off-street parking spaces or cash paid in lieu. (3) A person who pays, or agrees in writing to pay the required sum in lieu of providing off-street parking facilities and the buildings or structures in respect of which such payment is to be made, shall be treated as having met the off-street parking regulations. (4) All such sums of monies shall be paid to the municipality prior to the issuance of a development and/or building permit. 7.5 Off-Street Loading (1) In any Industrial or Commercial District where the use of a building or lot involves the receipt, distribution or dispatch by vehicles of materials, goods or merchandise, adequate space for such vehicles to stand for loading or unloading shall be provided at one loading space per loading door or as otherwise required by the Development Officer. (2) All off-street loading spaces shall be located on the lot and be of a sufficient size so that materials and commodities can be easily loaded or unloaded without creating interference to vehicular traffic on a public roadway. (3) Off-street loading spaces shall be located on-site as to minimize conflict with City of Warman Zoning Bylaw No. 2018-06 65 residential land uses. (4) Unless a larger dimension is required having regard to the type of vehicles loading and unloading without projecting into a public roadway, minimum loading space dimensions shall be: (a) width: 3.7 m (b) length: 9.0 m (c) overhead clearance: 4.3 m (5) The loading space shall be hard surfaced if the access is from a street or lane which is hard surfaced. City of Warman Zoning Bylaw No. 2018-06 66 8. ZONING DISTRICTS AND ZONING MAP 8.1 Classification of Zoning Districts For the purpose of this Bylaw, the City of Warman is divided into the following Zoning Districts, the boundaries of which are shown on the "Zoning District Map." Such districts may be referred to by the appropriate symbol. Districts Symbols Residential-Single Detached R1 Residential-Mixed R2 Residential - Traditional R2-T Residential-Multiple Unit R3 Residential-Manufactured Homes R4 Community Service CS Central Business Commercial C1 Shopping Centre Commercial C2 Commercial Industrial C3M Industrial-Light M1 Industrial-Heavy M2 Industrial-Unserviced M3 Urban Holding UH Direct Control DC Direct Control Industrial DC-M 8.2 The Zoning District Map The Zoning District Map attached and annexed hereto as Schedule "A" to Bylaw No. 2018-06 is hereby declared to be an integral part of this bylaw. 8.3 Boundaries of Zoning Districts The boundaries of such districts referred to together with an explanatory legend, notation and reference, are shown on the map entitled, "Zoning District Map". Unless otherwise shown, the boundaries of such districts are lot lines, centre lines of streets, lanes, road allowances, or such lines extended and the boundaries of the municipality. In unsubdivided land, the boundaries of the districts shall be determined by the use of the scale shown on the map. 8.4 Zoning District Schedules The uses or forms of development allowed within a Zoning District, along with regulations or standards which apply are contained in the Zoning District Schedules in Section 9. City of Warman Zoning Bylaw No. 2018-06 67 9. ZONING DISTRICT SCHEDULES 9.1 R1 - Residential District - The purpose of this district is to provide an area for residential development comprised of primarily single-detached dwellings along with compatible community service and public work uses. 9.1.1 Permitted Uses The following are permitted uses in the R1 - Residential District: (1) Parks and playgrounds (2) Public utilities (excluding offices, warehouses, sewage lagoon, landfill and storage yards) (3) Single detached dwellings (4) Traditional home occupations subject to the requirements of Section 5.3. 9.1.2 Discretionary Uses The following are discretionary uses in the R1 - Residential District: (1) Bed and breakfast subject to the requirements of Section 5.2 (2) Family child care homes (3) Non-traditional home occupations subject to the requirements of Section 5.3. (4) Off-Leash Dog Park (5) Outdoor recreational facilities (6) Personal care homes (7) Educational Institution 9.1.3 Accessory Uses Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 9.1.4 Regulations See R1 regulations table below. 9.1.5 Development Standards for Personal Care Homes Section 5.5 shall apply to personal care homes located in a single detached dwelling. 9.1.6 Signs Section 6 regulations shall apply in the R1 - Residential District. 9.1.7 Storage Subsection 4.2.6 regulations shall apply in the R1 - Residential District. City of Warman Zoning Bylaw No. 2018-06 68 1 With a mean width of 15 metres over the first 30 metres measured from the front lot line. 2 Except that for a corner lot, where access to an attached garage is obtained from a flankage street, the minimum rear yard shall be 3 metres. 3 Where access to an attached garage is obtained from a flankage street, the attached garage side setback shall be 3 metres. 4 With a mean width of 15 metres over the first 30 metres measured from the front lot line. 5 Except that for a corner lot, where access to an attached garage is obtained from a flankage street, the minimum rear yard shall be 3 metres. R1 Residential District - Regulations Use Lot Area Minimum Lot Frontage Minimum Yard Front Minimum Yard Rear Minimum Yard Side Minimum Lot Coverage Maximum Floor Area Minimum Building Height Maximum Rectangular Lots Non- Rectangular Lots Single Detached Dwelling 464 square metres 15 metres 11 metres1 6 metres 7.5 metres2 1.2 metres3 n/a 105 square metres 10.5 metres (2.5 storeys) All Other Uses (except public utilities) 464 square metres 15 metres 11 metres4 6 metres 7.5 metres5 3 metres 40% n/a 10.5 metres (2.5 storeys) City of Warman Zoning Bylaw No. 2018-06 69 R2 - Residential District - The purpose of this district is to provide an area for a broader range of densities of residential development along with the opportunity for smaller residential lots and compatible community service and public works uses. 9.1.8 Permitted Uses The following are permitted uses in the R2 - Residential District: (1) Parks and playgrounds (2) Public utilities (excluding offices, warehouses, sewage lagoon, landfill and storage yards) (3) Single detached dwellings (4) Traditional home occupations subject to the requirements of Section 5.3. (5) Secondary suites subject to the requirements of Section 4.2.3 9.1.9 Discretionary Uses The following are discretionary uses in the R2 - Residential District: (1) Bed and breakfast subject to the requirements of Section 5.2. (2) Communication structures (3) Convenience stores (4) Day care centres (5) Duplex dwellings (6) Family child care homes (7) Group care facilities (8) Modular homes (9) Multiple unit - townhouse (10) Non-traditional home occupations subject to the requirements of Section 5.3. (11) Off-Leash Dog Park (12) Outdoor recreational facilities (13) Parking Facilities (14) Personal care homes (15) Places of worship (16) Re-located single detached dwellings (17) Rooming houses (18) Semi-detached dwellings (19) Multiple Unit Dwellings - Apartments containing three to six dwelling units (20) Educational Institution 9.1.10 Accessory Uses Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 9.1.11 Regulations City of Warman Zoning Bylaw No. 2018-06 70 See R2 regulations table below. 9.1.12 Development Standards for Personal Care Homes Section 5.5 shall apply to personal care homes located in a single detached dwelling. 9.1.13 Signs Section 6 regulations shall apply in the R2 - Residential District. 9.1.14 Storage Subsection 4.2.6 requirements shall apply in the R2 - Residential District. City of Warman Zoning Bylaw No. 2018-06 71 R2 Residential District - Regulations Use Lot Area Minimum Lot Frontage Minimum Yard Front Minimum Yard Rear Minimum Yard Side Minimum Lot Coverage Maximum Floor Area Minimum Building Height Maximum Rectangular Lots Non- Rectangular Lots Single Detached Dwellings 372 square metres 12 metres 9 metres6 6 metres 6 metres7 1.2 metres8 40% 93 square metres 10.5 metres (2.5 storeys) Semi- Detached Dwellings 278 square metres 7.5 metres 5.5 metres per unit910 6 metres 6 metres11 1.2 metres12 50% 75 square metres 10.5 metres (2.5 storeys) Multiple Units - Townhouse 192 square metres 6m per unit 6 metres13 6 metres 1.2 metres14 60% Max building density - 16 units per acre 75 square metres per unit 10.5 metres (2.5 storeys) Duplexes/ Rooming Houses 464 square metres 15 metres 11 metres15 6 metres 6 metres16 1.2 metres 50% 75 square metres 10.5 metres (2.5 storeys) 6 With a mean width of 12 metres over the first 30 metres measured from the front lot line. 7 Except that for a corner lot, where access to an attached garage is obtained from a flankage street, the minimum rear yard shall be 3 metres. 8 Where access to an attached garage is obtained from a flankage street, the attached garage side setback shall be 3 metres. 9 For which the rear lot line exceeds the front line by more than 25%, 5.5 metres per unit subject to a minimum lot width of 7.5 metres per unit at a setback of 6 metres from the front lot line. 10 Other non-rectangular lots: 7.5 11 For a corner lot, where access to an attached garage is obtained from a flankage street, the minimum rear yard shall be 3 metres. 12 No side yard is required where a common wall divides two dwelling units. 13 Or 3 metres where the City does not allow for a front driveway. 14 No side yard is required where a common wall divides two dwelling units. 15 With a mean width of 15 metres over the first 30 metres measured from the front lot line. City of Warman Zoning Bylaw No. 2018-06 72 R2 Residential District - Regulations Use Lot Area Minimum Lot Frontage Minimum Yard Front Minimum Yard Rear Minimum Yard Side Minimum Lot Coverage Maximum Floor Area Minimum Building Height Maximum Rectangular Lots Non- Rectangular Lots Places of Worship and Day Care Centres 464 square metres 15 metres 7.5 metres 7.5 metres 3 metres n/a 90 square metres 10.5 metres (2.5 storeys) All Other Uses (except public utilities) n/a n/a 7.5 metres 7.5 metres 3 metres n/a n/a 10.5 metres (2.5 storeys) 16 For a corner lot, where access to an attached garage is obtained from a flankage street, the minimum rear yard shall be 3 metres. City of Warman Zoning Bylaw No. 2018-06 73 R2 Residential District - Regulations Continued Use Minimum Lot Area, Frontage, and Depth Yard Minimums Distance Between Structures Lot Coverage Maximum Floor Area Minimum Building Heights Maximum Building Density Maximum Landscaping Requirements Multiple Unit Dwellings - Three to six dwelling units Lot Area: 550 Sq Metres Lot Frontage: 15m Depth: 30m Front Yard: 6.0 metres Rear Yard: 6.0 metres Side Yard: 1.5 Metres17 n/a 50% 46 square metres per dwelling unit18 2 Storeys N/A - A landscaping plan shall be submitted for all multiple unit dwellings indicating all physical features including existing and proposed grades, planning and construction materials. - A landscaping plan for an amenity area shall be provided to the satisfaction of the development officer. 17 No side yard is required where a common wall divides two dwelling units. 18 Except for one bedroom units, in which case the minimum shall be 28 square metres per dwelling unit. City of Warman Zoning Bylaw No. 2018-06 74 9.2 R2-T - Residential District - The purpose of this district is to provide an area for housing on narrower lots than conventional housing with a traditional neighbourhood design objective. 9.2.1 Permitted Uses The following are permitted uses in the R2-T - Residential District: (1) Parks and playgrounds (2) Public utilities (excluding offices, warehouses, sewage lagoon, landfill and storage yards) (3) Single detached dwellings (4) Traditional home occupations subject to the requirements of Section 5.3. (5) Secondary suites subject to the requirements of Section 4.2.3 9.2.2 Discretionary Uses The following are discretionary uses in the R2-T - Residential District: (1) Day care centres (2) Family child care homes (3) Non-traditional home occupations subject to the requirements of Section 5.3. (4) Off-Leash Dog Park (5) Outdoor recreational facilities (6) Places of worship (7) Semi-detached dwellings (8) Street-front multiple unit - Townhouse (9) Secondary suites subject to the requirements of Section 4.2.3 (10) Educational Institution 9.2.3 Accessory Uses Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 9.2.4 Regulations See R2-T regulations table below. 9.2.5 Signs Section 6 regulations shall apply in the R2-T - Residential District. 9.2.6 Storage Subsection 4.2.6 requirements shall apply in the R2-T - Residential District City of Warman Zoning Bylaw No. 2018-06 75 R2-T Residential District - Regulations Use Lot Area Minimum Lot Frontage Minimum Yard Front Minimum Yard Rear Minimum Yard Side Minimum Lot Coverage Maximum Floor Area Minimum Building Height Maximum Rectangular Lots Non- Rectangular Lots Single Detached Dwellings 362 square metres 10.363 metres 9 metres19 6 metres 20 6 metres21 1.2 metres22 50% 88.26 square metres 10.5 metres (2.5 storeys) Semi- Detached Dwellings 278 square metres 7.5 metres 5.5 metres per unit2324 6 metres25 6 metres26 1.2 metres27 50% 75 square metres 10.5 metres (2.5 storeys) Multiple Units - Townhouse 192 square metres 6m per unit 6 metres28 6 metres 1.2 metres29 60% Max building density - 16 units per acre 75 square metres per unit 10.5 metres (2.5 storeys) 19 With a mean width of 12 metres over the first 30 metres measured from the front lot line. 20 Or 3 metres where the City does not allow for a front driveway. 21 Except that for a corner lot, where access to an attached garage is obtained from a flankage street, the minimum rear yard shall be 3 metres. 22 Except that where access to an attached garage is obtained from a flankage street, the minimum setback for the attached garage shall be 3 metres. 23 For which the rear lot line exceeds the front line by more than 25%, 5.5 metres per unit subject to a minimum lot width of 7.5 metres per unit at a setback of 6 metres from the front lot line. 24 Other non-rectangular lots: 7.5 metres. 25 Or 3 metres where the City does not allow for a front driveway. 26 Except that for a corner lot, where access to an attached garage is obtained from a flankage street, the minimum rear yard shall be 3 metres. 27 No side yard is required where a common wall divides two dwelling units. 28 Or 3 metres where the City does not allow for a front driveway. 29 No side yard is required where a common wall divides two dwelling units. City of Warman Zoning Bylaw No. 2018-06 76 R2-T Residential District - Regulations Use Lot Area Minimum Lot Frontage Minimum Yard Front Minimum Yard Rear Minimum Yard Side Minimum Lot Coverage Maximum Floor Area Minimum Building Height Maximum Rectangular Lots Non- Rectangular Lots Places of Worship and Day Care Centres 464 square metres 15 metres 7.5 metres 7.5 metres 3 metres n/a 90 square metres 10.5 metres (2.5 storeys) All Other Uses (except public utilities) n/a n/a 7.5 metres 7.5 metres 3 metres n/a n/a 10.5 metres (2.5 storeys) City of Warman Zoning Bylaw No. 2018-06 77 9.3 R3 - Residential District - The purpose of this district is to provide an area for higher density residential development of multiple housing types including semi-detached dwellings, duplex dwellings and multiple unit dwellings including townhouses and low-rise apartment style developments. 9.3.1 Permitted Uses The following are permitted uses in the R3 - Residential District: (1) Duplex dwellings (2) Multiple unit dwellings - Townhouse (3) Parks and playgrounds (4) Public utilities (excluding offices, warehouses, sewage lagoon, landfill and storage yards) (5) Rooming houses (6) Semi-detached dwellings (7) Traditional Home occupations subject to the requirements of Section 5.3. (8) Multiple Unit Dwellings - Apartments containing three to six dwelling units (9) Secondary Suites 9.3.2 Discretionary Uses The following are discretionary uses in the R3 - Residential District: (1) Communication structures (2) Convenience stores (3) Day care centres (4) Dwelling unit groups (5) Family child care homes (6) Group care facilities (7) Multiple Unit Dwellings - Apartments containing seven or more dwelling units (8) Non-traditional home occupations subject to the requirements of Section 5.3. (9) Off-Leash Dog Park (10) Outdoor recreational facilities (11) Parking Facilities (12) Places of worship (13) Special care homes (14) Educational Institution (15) Secondary Suites 9.3.3 Accessory Uses Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 9.3.4 Regulations City of Warman Zoning Bylaw No. 2018-06 78 See R3 regulations table below 9.3.5 Signs Section 6 regulations shall apply in the R3 - Residential District. 9.3.6 Storage Subsection 4.2.6 requirements shall apply in the R3 - Residential District. City of Warman Zoning Bylaw No. 2018-06 79 R3 Residential District - Regulations Use Lot Area Minimum Lot Frontage Minimum Yard Front Minimum Yard Rear Minimum Yard Side Minimum Lot Coverage Maximum Floor Area Minimum Building Height Maximum Rectangular Lots Non- Rectangular Lots Semi-Detached Dwellings 278 square metres 7.5 metres 5.5 metres3031 3 metres 6 metres32 1.2 metres3334 50% per dwelling unit 75 square metres per dwelling unit 10.5 metres (2.5 storeys) Duplex Dwellings and Rooming Houses 464 square metres 15 metres 11 metres35 3 metres 6 metres36 1.2 metres 50% 75 square metres 10.5 metres (2.5 storeys) Multiple Units - Townhouse 192 square metres 6m per unit 3 metres 6 metres 1.2 metres37 60% per dwelling unit 75 square metres per unit 10.5 metres (2.5 storeys) Places of Worship and Day Care Centres 464 square metres 15 metres 7.5 metres 7.5 metres 3 metres n/a 90 square metres 10.5 metres (2.5 storeys) 30 For which the rear lot line exceeds the front lot line by more than 25%, 5.5 metres per unit subject to a minimum lot width of 7.5 metres per unit at a setback of 6 metres from the front lot line. 31 Other non-rectangular lots: 7.5 metres. 32 Except that for a corner lot, where access to an attached garage is obtained from a flankage street, the minimum rear yard shall be 3 metres. 33 34 No side yard is required where a common wall divides two dwelling units. 35 With a mean width of 15 metres over the first 30 metres measured from the front lot line. 36 Except that for a corner lot, where access to an attached garage is obtained from a flankage street, the minimum rear yard shall be 3 metres. 37 No side yard is required where a common wall divides two dwelling units. City of Warman Zoning Bylaw No. 2018-06 80 R3 Residential District - Regulations Continued Use Minimum Lot Area, Frontage, and Depth Yard Minimums Distance Between Structures Lot Coverage Maximum Floor Area Minimum Building Heights Maximum Building Density Maximum Landscaping Requirements All Other Uses (except public utilities) n/a n/a 7.5 metres 7.5 metres 3 metres n/a n/a 10.5 metres (2.5 storeys) Dwelling Unit Groups Lot area: 900 Square Metres Lot Frontage: 30 metres Lot Depth: 30 Metres Front Yard: 6.0 metres Rear Yard: 6.0 metres Side Yard: 3.0 Metres3839 3.0metres40 60% 43 square metres per dwelling unit41 Townhouse: 10.5m (2.5 storeys) Apartments: 21 metres (5 storeys) Townhouse: 32 units per acre Apartments: N/A - A landscaping plan shall be submitted for all multiple unit dwellings indicating all physical features including existing and proposed grades, planning and construction materials. - A landscaping plan for an amenity area shall be provided to the satisfaction of the development officer. Multiple Unit Dwellings - Three to six dwelling units Lot Area: 550 Sq Metres Lot Frontage: 15m Depth: 30m Front Yard: 6.0 metres Rear Yard: 6.0 metres Side Yard: 1.5 Metres42 n/a 50% 46 square metres per dwelling unit43 2 Storeys N/A - A landscaping plan shall be submitted for all multiple unit dwellings indicating all physical features including existing and proposed grades, planning and construction materials. - A landscaping plan for an amenity area shall be provided to the satisfaction of the development officer. 38 Except where the side yard of the lot abuts any street, in which case a side yard of at least 6.0 metres shall be provided. 39 No side yard is required where a common wall divides two dwelling units. 40 Or half the average wall height, whichever is greater. 41 Except for one bedroom units, in which case the minimum shall be 28 square metres per dwelling unit. 42 No side yard is required where a common wall divides two dwelling units. 43 Except for one bedroom units, in which case the minimum shall be 28 square metres per dwelling unit. City of Warman Zoning Bylaw No. 2018-06 81 R3 Residential District - Regulations Continued Use Minimum Lot Area, Frontage, and Depth Yard Minimums Distance Between Structures Lot Coverage Maximum Floor Area Minimum Building Heights Maximum Building Density Maximum Landscaping Requirements Multiple Unit Dwellings - seven or more dwelling units Lot Area: 630 Sq Metres Lot Frontage: 21 metres Depth: 30m Front Yard: 6.0 metres Rear Yard: 6.0 metres Side Yard: 3.0 Metres44 n/a 50% 46 square metres per dwelling unit45 5 Storeys N/A - A landscaping plan shall be submitted for all multiple unit dwellings indicating all physical features including existing and proposed grades, planning and construction materials. - A landscaping plan for an amenity area shall be provided to the satisfaction of the development officer. 44 No side yard is required where a common wall divides two dwelling units. 45 Except for one bedroom units, in which case the minimum shall be 28 square metres per dwelling unit. City of Warman Zoning Bylaw No. 2018-06 82 9.4 R4 - Residential District - The purpose of this district is to provide an area for manufactured housing in subdivisions and parks or courts. 9.4.1 Permitted Uses The following are permitted uses in the R4 - Residential District: (1) Manufactured home parks (2) Manufactured homes (3) Parks and playgrounds (4) Public utilities (excluding sewage lagoons and landfills; offices, warehouses and storage yards) (5) Traditional home occupations subject to the requirements of Section 5.3. 9.4.2 Discretionary Uses The following are discretionary uses in the R4 - Residential District: (1) Common social facility in a manufactured home park. (2) Convenience stores accessory to a manufactured home park. (3) Non-traditional home occupations subject to the requirements of Section 5.3. (4) Off-Leash Dog Park (5) Outdoor recreational facilities (6) Educational Institution 9.4.3 Accessory Uses Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 9.4.4 Regulations (1) Manufactured home requirements a) Manufactured homes shall have a foundation capable of supporting the maximum anticipated load of the manufactured home during all seasons; b) All manufactured homes shall have a minimum width of 4.2 metres (13.78 ft.); c) Manufactured homes constructed more than ten (10) years prior to the date of the development permit application shall not be permitted; d) The undercarriage of each manufactured home shall be screened from view by the foundation or skirting within thirty (30) days of the placement of the manufactured home and hitches shall be removed or screened from view; e) All accessory structures including decks, porches, steps, patios, additions, skirting and storage facilities shall be factory prefabricated units or of an equivalent quality so that the design and construction will complement the home. f) Additions to a manufactured home shall have a foundation similar to the manufactured home. City of Warman Zoning Bylaw No. 2018-06 83 (2) Manufactured homes on subdivided lots See R4 graph below. (3) Manufactured home park requirements Development permit application requirements: Prior to granting approval for a new manufactured home park or the expansion of an existing manufactured home park, the developer shall provide comprehensive information with regards to the following: - the installation, operation, and maintenance of: - storm sewer, surface drainage and sanitary sewer - water - electricity and gas - roadways, sidewalks, walkways, curbs - snow removal - garbage collection - fire protection - parks, playgrounds and buffer areas - street lighting - architectural controls - landscaping and screening - other matters as deemed necessary by the development officer A site plan shall be submitted and to the satisfaction of the development officer for each manufactured home park. The site plan shall divide the manufactured home park into residential plots and shall show the location and boundaries of each plot. A development permit shall be obtained before each manufactured home is placed in a manufactured home park. Site area - minimum - 0.8 hectares (2 acres) Site area - maximum - 12 hectares (30 acres) Density - maximum - 20 units per hectare Park coverage - maximum - 40% for manufactured homes and additions - 15% for accessory buildings Park roadways - all roads in a manufactured home park shall be paved and constructed in accordance with City specifications and standards - internal pedestrian walkways shall have a minimum width of 1 metre (3.28 ft.) and be surfaced to the satisfaction of the City of Warman - each manufactured home shall abut a park roadway and have an access to the park roadway of a minimum of 4.3 metres (14.12 ft.) Parking - no on-street parking shall be permitted City of Warman Zoning Bylaw No. 2018-06 84 - a minimum of one vehicle parking space shall be provided for each manufactured home - a minimum of one parking space shall be provided for additional tenant parking requirements for every two manufactured homes - visitor parking shall be a minimum of one off-street parking space for every three manufactured homes. Visitor parking shall be dispersed throughout the park and clearly identified Open space requirements - a 6 metre (19.69 ft.) buffer shall be provided around the boundary of the park. This buffer shall be landscaped and fenced. - a minimum of 10% of the total area of a manufactured home park shall be set aside for an amenity area and/ or recreational use - All areas of a manufactured home park not developed or occupied by community roads, walkways, driveways, buildings or other facilities shall be landscaped to the satisfaction of the Development Officer - each manufactured home, attached structure and accessory building shall be located entirely within the boundaries of its plot Lighting - street lighting within the manufactured home park shall meet the requirements of the applicable National, Provincial and municipal standards Permitted signs - one park identification sign at each park entrance with a maximum sign area of 2.9 square metres (31.21 sq. ft.) and a maximum height of 2 metres (6.56 ft.) - directional signs within the park Storage - a screened storage compound shall be provided for campers, travel trailers, boats, etc. at a location and in a manner satisfactory to the development officer - no outside storage shall be permitted within the required open space areas or required buffer areas Future subdivision - the development officer should give consideration to the sizing of lots and internal roadways in order that the future subdivision of the manufactured home park may be possible (4) Additional manufactured home requirements in manufactured home parks See R4 regulations table below. City of Warman Zoning Bylaw No. 2018-06 85 46 For a manufactured home single wide otherwise 464 square metres. 47 For a manufactured home single wide otherwise 15 metres. 48 Over the first 30 metres measured from the front lot line for a manufactured home single wide, otherwise 11 metres with a mean width of 15 metres measured from the front lot line. 49 Or 2.0 metres where the principal entrance for the manufactured home is from the side yard. 50 Manufactured homes, including any attached structures and accessory buildings shall be located in accordance with the approved plot plan according to the requirements listed under 9.4.4. R4 Residential District - Regulations Use Lot Area Minimum Lot Frontage Minimum Yard Front Minimum Yard Rear Minimum Yard Side Minimum Lot Coverage Minimum Floor Area Minimum Building Height Maximum Rectangular Lots Non- Rectangular Lots Manufactured Homes on Subdivided Lots 370 square metres46 12 metres47 Mean width of 12 metres 4.5 metres 4.5 metres 1.5 metres4849 40% 75 square metres per dwelling unit 6.5 metres for manufactures homes Manufactures Homes in Manufactured Home Parks50 n/a 9.5 metres 3 metres from the park roadway 6 metres and may include the buffer area 2.29 metres n/a 75 square metres 6.5 metres for manufactured homes City of Warman Zoning Bylaw No. 2018-06 86 9.5 CS - Community Service District - The purpose of this district is to provide for and regulate development of institutional, recreational and other community service uses. 9.5.1 Permitted Uses The following are permitted uses in the CS - Community Service District: (1) Assembly halls (2) Cemeteries (3) Clubs (4) Community centres (5) Cultural institutions (6) Day care centres (7) Dog park (8) Educational institutions (9) Golf courses (10) Governmental offices (11) Group care facilities (12) Hospitals (13) Indoor recreational facilities (14) Medical, offices and clinics (15) Special care homes (16) Off-Leash Dog Park (17) Outdoor recreation facilities (18) Parks and playgrounds (19) Personal care home (20) Places of worship (21) Protective and emergency services (22) Public utilities (excluding sewage lagoons and landfills; offices, warehouses, shops and storage yards) (23) Tourist campgrounds and tourist information centres 9.5.2 Accessory Uses Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 9.5.3 Regulations See CS regulations table below. 9.5.4 Signs Section 6 regulations shall apply in the CS - Community Service District. 9.5.5 Storage City of Warman Zoning Bylaw No. 2018-06 87 Section 4.2.6 requirements shall apply in the CS - Community Service District. City of Warman Zoning Bylaw No. 2018-06 88 CS Community Service District - Regulations Use Lot Area Minimum Lot Frontage Minimum Yard Front Minimum Yard Rear Minimum Yard Side Minimum Lot Coverage Minimum Floor Area Minimum Building Height Maximum Places of Worship and Day Care Centres 464 square metres 15 metres 7.5 metres or 25% of the lot depth, whichever is greater 7.5 metres or 25% of the lot depth, whichever is greater 3 metres or half the building height, whichever is greater n/a n/a n/a All Other Uses (except public utilities) n/a n/a 3 metres 3 metres 3 metres n/a n/a n/a City of Warman Zoning Bylaw No. 2018-06 89 9.6 C1 - Central Business Commercial District - The purpose of this district is to provide a concentrated area for retail commercial uses, offices, financial institutions, personal services, as well as appropriate cultural and recreational facilities. The uses allowed in this district will generally require smaller sites as compared with general commercial uses. 9.6.1 Permitted Uses The following are permitted uses in the C1 - Central Business District: (1) Art, craft and photography studios (2) Assembly halls (3) Bakeries (4) Banks (5) Commercial entertainment establishments (6) Community centres (7) Convenience stores (8) Cultural institutions (9) Government offices (10) Medical offices and clinics (11) Offices (12) Parks and playgrounds (13) Personal service establishments such as barbers, hairdressers, receiving stations for dry cleaning and laundry establishments, self-service laundries, shoe repair and similar types of uses (14) Pet care services (15) Public utilities excluding shops, warehouses and storage yards (16) Restaurants and other places for the sale and consumption of food and related items (17) Retail and rental stores (18) Theatres (19) Undertaking establishments 9.6.2 Discretionary Uses The following are discretionary uses in the C1 - Central Business District: (1) An accessory dwelling unit attached to or part of commercial buildings subject to the dwelling unit: (a) having a minimum floor area of 45 square meters (484.39 sq. ft.). (2) Automotive and recreational vehicles sales and rental (3) Bed and Breakfast establishments subject to the requirements of Section 5.2. (4) Brewery / distillery (5) Cannabis retail outlet (6) Car washing establishments (7) Clubs (8) Day care centres (9) Drive-in restaurants (10) Farmer's markets City of Warman Zoning Bylaw No. 2018-06 90 (11) Gas bars (12) Hotels (13) Household repair services Licensed beverage rooms and other places for the sale and consumption of beer, wine and other spirits with or without food (14) Kennels (15) Licensed beverage rooms and other places for the sale and consumption of beer, wine, and other spirits (16) Licensed restaurants (17) Multiple unit dwellings - apartment style subject to the following additional regulations: Building height - minimum 2 storeys Lot coverage maximum 50% Yard front - minimum 6 metres (19.68 ft.) Yard rear - minimum 6 metres (19.68 ft.) Yard side - minimum 3 metres (9.84 ft.) Multiple unit dwellings above the ground floor of a commercial building (18) Night Clubs (19) Off-leash dog park (20) Outdoor storage areas or yards (21) Parking facility (22) Places of worship (23) Protective and emergency services (24) Publishing, printing, recording & broadcasting establishments (25) Service stations (26) Shopping centres (27) Veterinarian offices (28) Educational Institution 9.6.3 Accessory Uses Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 9.6.4 Regulations Lot area - minimum - All uses - 278 square metres (3,003.22 sq. ft.) Lot frontage - minimum - All uses - 7.5 metres (24.61 ft.) Yard front - minimum - All uses - no minimum, but if a front yard is provided it must be a minimum of 3 m (9. 84 ft). Yard side - minimum - All uses - no minimum, except where the side of a lot in any C1-Central Business District abuts any Residential District without an intervening street or lane, a side yard of at least 3 metres (9.84 ft.) shall be provided Yard rear - minimum - All uses - 3 metres (9.84 ft.), except where the rear of a lot in any C1-Commercial District abuts any Residential District without an intervening street City of Warman Zoning Bylaw No. 2018-06 91 or lane, a rear yard of at least 6 metres (19.69 ft.) shall be provided Building height - maximum - 21 metres (5 storeys) 9.6.5 Additional Regulations (1) New buildings should be compatible with the general streetscape with respect to building height, massing, roof lines, architectural style and setbacks. (2) Building elevations are encouraged to have articulation in form and materials. Large blank wall surfaces along street frontages are discouraged and should include changes in plane, colour, material and window pattern. (3) The preferred exterior materials include: (a) split stone masonry; (b) natural (such as limestone, sandstone) or cultured (commercial grade) stone; (c) brick; (d) stucco; or (e) glass construction. Building cladding materials such as vinyl siding or corrugated metal siding are not permitted. (4) The building design must create a building with equally attractive sides; however the primary emphasis will be placed on the most visible sides of the building. Building materials and design elements used on the front wall face must be wrapped around the building corners, to a minimum length of 3 meters (9.84 ft.) down the adjoining side wall surfaces. (5) Buildings on corner lots should be designed to acknowledge the streets on both sides. (6) All parts of the site to which vehicles may have access, including parking facilities, access and egress points, drive aisles and storage areas shall be hard-surfaced and drained to the satisfaction of the Development Officer. 9.6.6 Landscaping and Screening (1) All unbuilt areas in front yards must be landscaped to the satisfaction of the Development Officer. Shade trees, planter boxes, hanging baskets, benches, protective overhangs and decorative paving should be provided where appropriate. (2) Parking facilities should not be the dominant feature and preference will be given to parking areas located either to the side or behind proposed buildings. Front, side and rear yards abutting a parking facilities must include a landscaped buffer to the satisfaction of the Development Officer. (3) Notwithstanding any other provision in this Bylaw, any outdoor storage of goods or materials shall not be permitted in the front yard of any property unless approved by the Development Officer. This shall not limit the customary display of any materials or goods intended and permitted to be sold on the lot. (4) Section 4.3.4 requirements shall apply in the C1 - Central Business District. 9.6.7 Signs Section 6 regulations shall apply in the C1 - Central Business District. City of Warman Zoning Bylaw No. 2018-06 92 9.7 C2- Shopping Centre Commercial District - The purpose of this zoning district is to provide for the development of larger shopping centres with a diversity of commercial uses. 9.7.1 Permitted Uses The following are permitted uses in the C2- Shopping Centre Commercial District (1) Art, craft and photography studio (2) Automotive and recreational vehicles sales and rental (3) Bakeries with retail sales (4) Banks and other financial institutions (5) Business support services (6) Car washing establishments (7) Commercial entertainment establishments (8) Community centres (9) Convenience stores (10) Cultural institutions (11) Drive-in restaurants (12) Gas bars (13) Government offices (14) Hotels (15) Household repair services (16) Kennels (17) Licensed beverage rooms and other places for the sale and consumption of beer, wine, and other spirits (18) Medical offices and clinics (19) Offices and office buildings (20) Parks and playgrounds (21) Personal service establishments such as barbers, hairdressers, dry cleaning and laundry establishments, self-service laundries, shoe repair, and similar types of uses (22) Pet care services (23) Public utilities excluding shops, warehouses and storage yards (24) Publishing, printing, recording and broadcasting establishments (25) Restaurants and other places for the sale and consumption of food and related items, licenced restaurants (26) Retail and rental stores (27) Service stations (28) Shopping centres (29) Theatres, assembly halls (30) Veterinarian offices 9.7.2 Discretionary Uses The following are discretionary uses in the C2- Shopping Centre Commercial District (1) An accessory dwelling unit attached to or part of the commercial building subject to the dwelling unit: (a) Having a minimum floor area of 45 square metres (484.39 sq. ft.) City of Warman Zoning Bylaw No. 2018-06 93 (2) Agricultural machinery sales and service (3) Auto paint and body shop (4) Bed and breakfast establishments subject to the requirements of Section 5.2 (5) Brewery / Distillery (6) Building supplies, lumber yards, home improvement centres (7) Bus terminals (8) Cannabis Retail Outlet (9) Cemeteries (10) Clubs (11) Commercial schools (12) Communication structures (13) Day care centres and pre-schools (14) Greenhouses and plant nurseries (15) Indoor recreational facilities (16) Indoor storage facility (17) Motels (18) Multiple unit dwellings - apartment style subject to the following additional regulations: Building height - minimum 2 storeys Lot coverage maximum 50% Yard front - minimum 6 metres (19.68 ft.) Yard rear - minimum 6 metres (19.68 ft.) Yard side - minimum 3 metres (9.84 ft.) Multiple unit dwellings above the ground floor of a commercial building (19) Night clubs (20) Off-Leash Dog Park (21) Outdoor recreational facilities (22) Parking lots, parking facilities (23) Parks and playgrounds (24) Places of worship (25) Secondary uses (26) Taxidermy establishments (27) Tourist campgrounds and tourist information centres (28) Transportation services (29) Undertaking establishment (30) Wholesale trade stores (31) Educational Institution 9.7.3 Accessory Uses Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 9.7.4 Regulations Lot area - minimum - All uses - 278 square metres (3,003.22 sq. ft.) Lot frontage - minimum - All uses - 15.24 metres (50 ft.) Yard front - minimum City of Warman Zoning Bylaw No. 2018-06 94 - All uses - nil Yard side - minimum - All uses - nil Yard rear - minimum - All uses - 3.0 metres (9.84 ft.), except where the rear of a lot in any C2- Commercial District abuts any Residential District without an intervening street or lane, a rear yard of at least 6 metres (19.69ft.) shall be provided Building height - maximum - 21 metres (5 storeys) or at the discretion of the Development Officer 9.7.5 Additional Regulations (1) New buildings should be compatible with the general streetscape with respect to building height, massing, roof lines, architectural style and setbacks. (2) Building elevations are encouraged to have articulation in form and materials. Large blank wall surfaces along street frontages are discouraged and should include changes in plane, colour, material and window pattern. (3) The preferred exterior materials include: (a) split stone masonry; (b) natural (such as limestone, sandstone) or cultured (commercial grade) stone; (c) brick; (d) stucco; or (e) glass construction. Building cladding materials such as vinyl siding or corrugated metal siding are not permitted. (4) The building design must create a building with equally attractive sides; however the primary emphasis will be placed on the most visible sides of the building. Building materials and design elements used on the front wall face must be wrapped around the building corners, to a minimum length of 3 meters (9.84 ft.) down the adjoining side wall surfaces. (5) Buildings on corner lots should be designed to acknowledge the streets on both sides. (6) All parts of the site to which vehicles may have access, including parking facilities, access and egress points, drive aisles and storage areas shall be hard-surfaced and drained to the satisfaction of the Development Officer. 9.7.6 Landscaping and Screening (1) All unbuilt areas in front yards must be landscaped to the satisfaction of the development officer. (2) The Regulations governing landscaping in the C2 - Shopping Centre Commercial District are found in section 4.3.4. (3) Notwithstanding any other provision in this Bylaw, any outdoor storage of goods or materials shall not be permitted in the front yard of any property unless approved by the Development Officer. This shall not limit the customary display of any materials or goods intended and permitted to be sold on the lot. City of Warman Zoning Bylaw No. 2018-06 95 9.7.7 Signs (1) Subsection 6 requirements shall apply in the C2 - Shopping Centre Commercial District. City of Warman Zoning Bylaw No. 2018-06 96 9.8 C3M - Commercial Industrial District - The purpose of this district is to allow for the development of commercial and light industrial developments that require a variety of site sizes, specializing in uses not conflicting with other areas of the City. These businesses or light industrial activities will not create land use conflicts or nuisance conditions during the normal course of their operations. To provide flexibility, some residential uses may be allowed as a discretionary use. 9.8.1 Permitted Uses The following are permitted uses in the C3M - Commercial Industrial District: (1) Automobile and recreational vehicle sale (2) Banks and financial institutions (3) Car washes (4) Equipment Rentals (5) Hotels (6) Household repair services (7) Industrial complexes (8) Kennels (9) Medical offices and clinics (10) Personal services trades and health clubs (11) Pet care services (12) Publishing, printing, recording & broadcasting (13) Research laboratories (14) Restaurants and lounges (15) Retail sales under 5,000 square feet in floor area (16) Service stations (17) Veterinary clinics (18) Wholesale vending of goods or products manufactured on site 9.8.2 Discretionary Uses The following are discretionary uses in the C3M - Commercial Industrial District: (1) An accessory dwelling unit attached to or part of commercial buildings subject to the dwelling unit having a minimum floor area of 45 square metres (484.39 sq. ft.) (2) Auction Sale Establishments (3) Building supplies, lumber yards, home improvement centres (4) Cannabis Retail Outlet (5) Cannabis Wholesale Outlet (6) Clubs (7) Communication structures (8) Educational Institutions (9) Greenhouses and plant nurseries (10) Indoor recreation services City of Warman Zoning Bylaw No. 2018-06 97 (11) Licensed beverage rooms and other places for the sale and consumption of beer, wine, and other spirits (12) Manufacturing, processing, and packing plants that do not create excessive glare, noise, odor, etc. at the discretion of the Development Officer. (13) Multiple unit dwellings - apartment style subject to the following additional regulations: o Lot Coverage - Maximum 50% o Yard front - minimum - 6 metres (19.68 ft.) o Yard rear - minimum - 6 metres (19.68 ft.) o Yard side - minimum - 3 metres (9.84 ft.) o Building Height - minimum 2 storeys (14) Multiple unit dwellings above the ground floor of a commercial building (15) Off-Leash Dog Park (16) Offices and office buildings (17) Outdoor storage areas or yards (18) Retail sales over 5,000 square feet in floor area (19) Taxidermy establishments (20) Trades (plumbing, welding, etc.). (21) Warehouses, shipping and express facilities (22) Indoor storage facility (23) Educational Institution 9.8.3 Accessory Uses Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 9.8.4 Regulations Lot area - minimum Hotels - 929 square metres (10,000 sq. ft.) All other uses - 278 square metres (3,003.22 sq. ft.) Lot area - maximum N/A Lot frontage - minimum Hotels - 30 metres (98.43 ft.) All other uses - 7.5 metres Yard front - minimum All uses - 4.5m (15 ft.) Yard side - minimum All uses - 3m (9.84 ft.) Yard rear - minimum All uses - 1.2 metres (3.93 ft.) with a rear lane, otherwise 4 metres (13.12 ft.), or 1.2 metres (3.93 ft.) at the discretion of a Development Officer. Building height - maximum - 21 metres (5 storeys) 9.8.5 Additional Regulations City of Warman Zoning Bylaw No. 2018-06 98 (1) New buildings should be compatible with the general streetscape with respect to building height, massing, roof lines, architectural style and setbacks. (2) Building elevations are encouraged to have articulation in form and materials. Large blank wall surfaces along street frontages are discouraged and should include changes in plane, colour, material and window pattern. (3) The preferred exterior materials include: (a) split stone masonry; (b) natural (such as limestone, sandstone) or cultured (commercial grade) stone; (c) brick; (d) stucco; or (e) glass construction. Building cladding materials such as vinyl siding or corrugated metal siding are not permitted. (4) The building design must create a building with equally attractive sides; however the primary emphasis will be placed on the most visible sides of the building. Building materials and design elements used on the front wall face must be wrapped around the building corners, to a minimum length of 3 meters (9.84 ft.) down the adjoining side wall surfaces. (5) Buildings on corner lots should be designed to acknowledge the streets on both sides. (6) All parts of the site to which vehicles may have access, including parking facilities, access and egress points, drive aisles and storage areas shall be hard-surfaced and drained to the satisfaction of the Development Officer. 9.8.6 Landscaping and Screening (1) All unbuilt areas in front yards must be landscaped to the satisfaction of the development officer. (2) The Regulations governing landscaping in the C3M -Commercial Industrial District are found in section 4.3.4. (3) Notwithstanding any other provision in this Bylaw, any outdoor storage of goods or materials shall not be permitted in the front yard of any property unless approved by the Development Officer. This shall not limit the customary display of any materials or goods intended and permitted to be sold on the lot. 9.8.7 Signs Section 6 regulations shall apply in the C3M - Commercial Industrial District City of Warman Zoning Bylaw No. 2018-06 99 9.9 M1 - Light Industrial District - The purpose of this district is to accommodate industrial uses that will not create unacceptable levels of conflict in terms of emission of noise, glare, dust or odour, which would be disruptive to the surrounding land uses. 9.9.1 Permitted Uses The following are permitted uses in the M1 - Industrial District: (1) Agricultural machinery sales and service (2) Automotive and recreational vehicle sales and rental (3) Auto paint and body shop (4) Bakeries (5) Brewery / distillery (6) Building supplies, lumber yards, home improvement centres (7) Bus terminals (8) Car washing establishments (9) Commercial school (10) Contractors and trades (11) Equipment and tool rental establishments (12) Gas bars (13) Greenhouse and plant nurseries (14) Household repair services (15) Indoor storage facility (16) Kennels (17) Laundromat (18) Personal service establishment (19) Pet care services (20) Public utilities (21) Publishing, printing, recording & broadcasting establishment (22) Railway and ancillary functions (23) Service stations (24) Transportation services (25) Truck terminals and yards (26) Veterinary clinics (27) Warehouses (28) Wholesale trade stores (29) Medical Offices and Clinics (30) Offices 9.9.2 Discretionary Uses The following are discretionary uses or forms of development in the M1 - Industrial District: (1) Auto paint and body shops (2) Bulk petroleum sales and storage (3) Cannabis wholesale outlet (4) Cannabis wholesale warehouse (5) Commercial entertainment establishments City of Warman Zoning Bylaw No. 2018-06 100 (6) Custodial quarters (7) Custom meat cutting and packaging establishments (no slaughtering on site) (8) Indoor recreational facilities (9) Licensed beverage rooms and other places for the sale and consumption of beer, wine, and other spirits (10) Manufacturing, processing and packing plants (11) Night clubs (12) Off-leash dog park (13) Outdoor storage areas and yards (14) Places of worship (15) Restaurants and other places for the sale and consumption of food and related items (16) Retail sales under 5,000 square feet in floor area (17) Taxidermy establishments (18) Educational Institution 9.9.3 Accessory Uses Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 9.9.4 Regulations (1) Lot Requirements Lot area - minimum Service stations - 929 square metres (10,000 sq. ft.) All other uses - 557 square metres (5,995.69 sq. ft.) Lot frontage - minimum Service stations a - 30 metres (98.43 ft.) All other uses - 20 metres (65.62 ft.) Yard front - minimum - 6 metres (19.69 ft.) Yard side - minimum - 3 metres (9.84 ft.) on each side and one (1) unobstructed 6 metres (19.69 ft.) where no rear lane is provided if deemed necessary by the development officer. Yard rear - minimum - 1.2 metres (3.93 ft.) with a rear lane otherwise 4 metres (13.12 ft), or 1.2 metres (3.93 ft.) at the discretion of a Development Officer. 9.9.5 Signs Section 6 regulations shall apply in the M1 - Industrial District. City of Warman Zoning Bylaw No. 2018-06 101 9.9.6 Performance Standards (1) All uses in the M-1 Industrial District shall carry out their operations such that no nuisance factor is created or transmitted beyond the walls of the building housing the industrial operation. In general, nuisance factors shall include objectionable or dangerous conditions caused by: noise, vibration, smoke, dust, odor, toxic or noxious matter, radiation, flammable or explosive materials, heat, humidity or glare. (2) The operation of all uses shall comply with the environmental and public health performance standards of the Government of Saskatchewan. 9.9.7 M1 - Additional Regulations (1) In the case of a condominium, a maximum of 40% of the units can be categorized as retail sales under 5,000 square feet in floor area. City of Warman Zoning Bylaw No. 2018-06 102 9.10 M2 - Heavy Industrial District - The purpose of this district is to accommodate industrial uses that may produce conflict in terms of emission of noise, glare, dust or odour, which would be disruptive to residential land uses. These uses would normally be located at a greater proximity from residential areas to reduce any potential conflict. Light industrial uses are also accommodated in this district. 9.10.1 Permitted Uses The following are permitted uses in the M2 - Industrial District: (1) All M1 - Industrial District permitted uses in Section 9.9.1 (2) Asphalt, aggregate and concrete plant (3) Auto paint and body shop (4) Fertilizer sales and storage (5) Grain elevators (6) Outdoor storage areas and yards (7) Public utilities (8) Truck terminals and yards 9.10.2 Discretionary Uses The following are discretionary uses or forms of development in the M2 - Industrial District: (1) Abattoirs (2) All M1 - Industrial District discretionary uses in Section 9.9.2 (3) Cannabis Wholesale Outlet (4) Commercial entertainment establishments (5) Manufacturing, processing, and packing plants (6) Off-Leash Dog Park (7) Salvage, wrecking or disassembly operations (8) Sandblasting (9) Shipping container (10) Educational Institution 9.10.3 Accessory Uses Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 9.10.4 Regulations (2) Lot Requirements Lot area - minimum Service stations, and Discretionary Uses - 929 square metres (10,000 sq. ft.) All other uses - 557 square metres (5,995.69 sq. ft.) City of Warman Zoning Bylaw No. 2018-06 103 Lot frontage - minimum Service stations and Discretionary Uses - 30 metres (98.43 ft.) All other uses - 18 metres (59.06) Yard front - minimum - 6 metres (19.69 ft.) Yard side - minimum - 3 metres (9.84 ft.) on each side and one (1) unobstructed 6 metres (19.69 ft.) where no rear lane is provided. Yard rear - minimum - 6 metres (24.61 ft.) - In the case of a shipping container, 3 metres (24.61 ft.). Height - maximum - 12 metres (39.37 ft.) or otherwise permitted by the Development Authority 9.10.5 Signs Section 6 regulations shall apply in the M2 - Industrial District. 9.10.6 Shipping Container Regulations (1) The shipping container shall be located on a level hard surfaced base (i.e. gravel, asphalt, concrete, etc.) (2) The Height of the shipping containers is to be limited to one unit in height or a maximum of 3 metres (9.84 ft.). (3) The shipping containers must be located in such a manner as they are not visible from Highway 11 North. (4) The applicant shall provide the Development Officer, with a site plan indicating the shipping container locations and setback distances from the containers and property lines. The policies contained within. 9.10.7 Performance Standards (1) The applicant shall submit information describing any noxious, dangerous or offensive feature of the proposed use in relation to airborne pollutants or odors; the release of any toxic, radioactive or environmentally hazardous materials; and flammable or explosive materials. (2) The information required in clause (1) above should be certified by a professional engineer and indicate the intensity and area of impact from any noxious, dangerous or offensive features. The Development Officer may consult with the appropriate provincial authority as necessary and attach such conditions to a development permit as considered necessary to protect the safety and amenity of surrounding developments. (3) Industrial uses which emit airborne pollutants or noxious odors of which have fire or explosive risks will be required to meet minimum separation distances from residential areas and also from other industrial developments in accordance with the requirements of provincial legislation. City of Warman Zoning Bylaw No. 2018-06 104 (4) The operation of all uses shall comply with the environmental and public health performance standards of the Government of Saskatchewan. City of Warman Zoning Bylaw No. 2018-06 105 9.11 M3 - Dry Industrial District - The purpose of this district is to accommodate uses that do not require the need for infrastructure services such as potable water and sewer collection and that are suitable for the intended site. 9.11.1 Permitted Uses The following are permitted uses in the M3 - Industrial District: (1) Asphalt, aggregate and concrete plant (2) Auction sale establishments (3) Bulk petroleum sales and storage (4) Bus terminals (5) Greenhouse and plant nurseries (6) Public utilities (7) Transportation services (8) Truck terminals and yards (9) Warehouses (10) Wholesale trade stores 9.11.2 Discretionary Uses The following are discretionary uses or forms of development in the M3 - Industrial District: (1) Salvage, wrecking or disassembly operations (2) Equipment maintenance and storage yards (3) Fertilizer sales and storage (4) Grain elevators (5) Off-Leash Dog Park 9.11.3 Accessory Uses Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 9.11.4 Regulations (3) Lot Requirements Lot area - minimum - 4047 square metres (1 acre) Lot frontage - minimum - 30 metres (98.43 ft.) Yard front - minimum - 4.5 metres (15 ft.) Yard side - minimum - 3 metres (9.84 ft.) on each side Yard rear - minimum - 10% of the depth of the lot 9.11.5 Signs City of Warman Zoning Bylaw No. 2018-06 106 Section 6 regulations shall apply in the M3 - Industrial District. City of Warman Zoning Bylaw No. 2018-06 107 9.12 UH - Urban Holdings District - The purpose of this District is to retain land areas for future urban growth in accordance with the Development Plan. 9.12.1 Permitted Uses The following are permitted uses in the UH - Urban Holdings District: (1) Agricultural crop farming and cultivation of land but not including poultry or livestock (2) Dog Park (3) Public Utilities 9.12.2 Discretionary Uses The following are discretionary uses in the UH - Urban Holdings District: (1) Cemeteries (2) Golf courses (3) Greenhouses and plant nurseries (4) Outdoor recreational facilities (5) Parks and playgrounds (6) Single detached dwellings (7) Tourist campgrounds and tourist information centres 9.12.3 Accessory Uses Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 9.12.4 Regulations Development shall conform to the following requirements: (1) Lot Area Minimum (except single detached dwellings) (a) Agricultural uses - 16 hectares (39.54 a.) (b) Public utilities and other permitted uses - no minimum (c) Discretionary uses - 1 hectare (2.47 a.) (2) Single Detached Dwellings (a) Lot area - minimum - 2 hectares (4.94 a.) (b) Lot frontage - minimum - 30 metres (98.43) (c) Yard front - minimum - 45 metres (147.64 ft.) (d) Yard side - minimum - 1.5 metres (4.92 ft.) (e) Yard rear - minimum - 7.5 metres (24.61 ft.) (f) Floor area - minimum - 84 square metres (904 sq. ft.) (g) Lots for single detached dwellings shall front on a developed all weather public street or road. City of Warman Zoning Bylaw No. 2018-06 108 (h) Single detached dwellings shall not be constructed in locations that would prejudice future subdivision or urban servicing requirements. (i) The Council may require the submission of a possible street layout for an area designated for future development in consideration of a proposed single detached dwelling as a discretionary use. City of Warman Zoning Bylaw No. 2018-06 109 9.13 DC - Direct Control District - The purpose of this district is to afford Council the opportunity to address and provide for developments that, due to their unique characteristics, historical significance, innovative ideas or unusual site constraints, require specific regulations unavailable in the other land use districts of this Bylaw. The purpose of this district is not to substitute for another district which could be used to achieve the same result. 9.13.1 Permitted Uses There are no permitted uses in the DC Direct Control District. 9.13.2 Discretionary Uses All uses in the DC Direct Control District are at Council's discretion. 9.13.3 Application (1) An application for a development permit in the DC Direct Control District must include: (a) plans showing the location of all buildings to be erected, all facilities and works to be provided in conjunction with those buildings and all facilities and works required pursuant to section 9.14.4. (b) drawings showing plan, elevation and cross-sectional views for each building to be erected that are sufficient to display: (i) the massing and conceptual design of the proposed building; (ii) the colour, texture and type of materials, window detail and architectural detail of the exterior of the proposed building; (iii) the relationship of the proposed building to adjacent buildings, streets and exterior areas to which members of the public have access; and (iv) the provision of interior walkways, stairs and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings, but which do not include the layout of interior areas, other than the interior walkways, stairs and escalators. 9.13.4 Approval (1) As a condition to the approval of the plans and drawings mentioned in section 9.14.3, Council may require the applicant to enter into a development agreement with the municipality with respect to that land or building and that agreement may provide for: (a) the use of the land and any existing or proposed building; (b) the timing of construction of any proposed building; (c) the amenities required to be provided for public use or convenience within the building or on the land; (d) off-street loading and parking facilities; (e) walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands; (f) walkways, including the surfacing of walkways, and all other means of pedestrian access; (g) facilities for the lighting, including floodlighting, of the land or any building; City of Warman Zoning Bylaw No. 2018-06 110 (h) vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material; (i) the construction by or at the expense of the person seeking approval, in whole or in part, of: (i) roads, sidewalks, landscaping and street lighting; (ii) works, plants, pipelines or facilities for storm drainage, water supply and distribution or electrical distribution; (iii) a system of collection and disposal of sewage; or (iv) any other public utility; (j) the payment of a sum of money to the municipality in lieu of any of the requirements of clause (i) to be used by the municipality for any of the purposes mentioned in that clause; and (k) the maintenance, to the satisfaction of the municipality and at the risk and expense of the applicant, of any of the facilities or works mentioned in clauses (c) to (i). (2) A development agreement may provide that it runs with the land, and the municipality may apply to the Registrar of Titles to register an interest based on the development agreement against the affected titles. (3) A copy of the development agreement must be submitted with an application made pursuant to clause (2). (4) A development agreement is deemed to bind the owner of the land affected by it and the owner's heirs, executors, administrators, successors and assigns, and no use of land or buildings located on that land or any development of that land is to take place except in accordance with that agreement. City of Warman Zoning Bylaw No. 2018-06 111 9.14 DC-M - Direct Control Industrial District - The purpose of this district is to provide an area for development of a broad range of industrial uses to be approved at Council's discretion. 9.14.1 Permitted Uses The following are permitted uses in the DC-M - Industrial District: (1) Public Utilities 9.14.2 Discretionary Uses The following are discretionary uses or forms of development in the DC-M - Industrial District: (1) Abattoirs s (2) All M1 - Industrial District permitted uses in Section 9.9 (3) Asphalt, aggregate and concrete plants (4) Chemical refineries (5) Commercial entertainment establishments (6) Fertilizer sales and storage (7) Grain elevators (8) Manufacturing, processing and packing plants (9) Off-Leash Dog Park (10) Other uses that are determined by Council to be similar in use to the accepted uses in this district. 9.14.3 Accessory Uses Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted and discretionary use, shall be permitted. 9.14.4 Regulations (1) Lot Requirements Lot area - minimum - 929 square metres (10,000 sq. ft.) Lot Frontage - minimum - 30 metres (98.43 ft.) Yard front - minimum - 7.5 metres (24.61 ft.) Yard side - minimum - 3 metres (9.84 ft.) Yard rear - minimum - 7.5 metres (24.61 ft.) 9.14.5 Signs Section 6 regulations shall apply in the DC-M - Industrial District. City of Warman Zoning Bylaw No. 2018-06 112 10. OVERLAY ZONING DISTRICT SCHEDULES 10.1 AC - Architectural Control Overlay District - The purpose of this district is to provide appropriate development standards in order to preserve the physical character of an area or to promote a selected theme for an area. 10.1.1 Development Requirements (1) Council may establish AC Overlay Districts pursuant to Section 73 of the Planning and Development Act, 2007 and Section 22.3 of the Official Community Plan. (2) No use or development of land or buildings is permitted in an AC Overlay District except in accordance with a Design Concept Plan that has been approved by Council and that is consistent with the provisions of Section 73 of the Planning and Development Act, 2007 and Section 22.3 of the Official Community Plan. (3) Where the provisions of an Architectural Control Overlay District are in conflict with the regulations of the Zoning District applicable to a site, the provisions of the Architectural Control Overlay District shall apply. 11. FEES AND CHARGES 11.1 Fees will be applied and paid to the City of Warman as follows in the chart below: Application for a Demolition Permit $100.00 Application for a Development Appeal $300.00 Application for a Discretionary Use $400.00 Application for a Minor Variance $100.00 Application for a Sign Permit $25.00 per sign, $150 for annual sign as per section 6.7.4 (4) (b) Application to amend Warman Official Community Plan $1,500.00 Application to amend Warman Zoning Bylaw or Zoning Map $1,500.00 Building Permit Fees $100.00 for a construction value between $0.00 and $5,000.00 $125.00 for a construction value between $5,000.01 and $25,000.00 $5.00 per every $1,000.00 of construction value over $25,000.00 Payment of cash-in-lieu of required off-street commercial parking $3,000.00 per parking space Plan Exam Revision Fee $50.00 plus applicable cost from Municode Subdivision Application Fees $1,500.00 City of Warman Zoning Bylaw No. 2018-06 113