This is the exact embedded text of the captured official document.
Snapshot c3b48fa6b311 · verified 2026-09-27 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Land Use Bylaw 171/20 Amended November 13, 2023
Land Use Bylaw
The Village of
Warburg
Land Use Bylaw 171/20 Amended November 13, 2023
Land Use Bylaw 171/20 Amended November 13, 2023
Table of Contents
ONE: ENACTMENT AND ADMINISTRATION
1
SECTION 1: TITLE
1
SECTION 2: PURPOSE
1
SECTION 3: APPLICATION
1
SECTION 4: EFFECTIVE DATE
1
SECTION 5: OTHER LEGISLATIVE REQUIREMENTS
1
SECTION 6: TRANSITION
1
TWO: INTERPRETATION
2
SECTION 7: UNITS OF MEASUREMENT
2
SECTION 8: RULES OF INTERPRETATION
2
SECTION 9: DEFINITIONS
3
THREE: DEVELOPMENT AUTHORITY
21
SECTION 10: DESIGNATED OFFICER
21
SECTION 11: MUNICIPAL PLANNING COMMISSION
21
SECTION 12: SUBDIVISION AND DEVELOPMENT APPEAL BOARD
21
FOUR: DEVELOPMENT PERMITS
23
SECTION 13: CONTROL OF DEVELOPMENT
23
SECTION 14: FEES
23
SECTION 15: WHEN A DEVELOPMENT PERMIT IS NOT REQUIRED
23
SECTION 16: NON-CONFORMING BUILDINGS AND USES
24
SECTION 17: APPLICATION FOR DEVELOPMENT PERMIT
24
SECTION 18: DECISION
26
SECTION 19: TEMPORARY PERMITS
27
SECTION 20: VARIANCE AUTHORITY
28
SECTION 21: NOTICE OF A PROPOSED DEVELOPMENT
28
SECTION 22: NOTICE AND VALIDITY OF DECISION
28
SECTION 23: CANCELLATION
29
SECTION 24: APPEALING A DECISION
29
SECTION 25: THE APPEAL PROCESS
30
FIVE: AMENDING THE BYLAW
31
SECTION 26: BYLAW AMENDMENTS
31
SECTION 27: CONTENTS OF AN AMENDMENT APPLICATION
31
SECTION 28: THE AMENDMENT PROCESS
32
SIX: CONTRAVENTION AND ENFORCEMENT
33
SECTION 29: CONTRAVENTION
33
SECTION 30: STOP ORDER
33
SECTION 31: OFFENCES AND PENALTIES
34
Land Use Bylaw 171/20 Amended November 13, 2023
SEVEN: GENERAL REGULATIONS
35
SECTION 32: APPLICABILITY
35
SECTION 33: BASEMENT SUITES
35
SECTION 34: BED AND BREAKFAST FACILITY
35
SECTION 35: BOARDING FACILITY
36
SECTION 36: BUILDING DESIGN, CHARACTER AND APPEARANCE
36
SECTION 37: CORNER / DOUBLE FRONTING LOT RESTRICTIONS
36
SECTION 38: DWELLING UNITS ON A PARCEL
37
SECTION 39: EASEMENTS
37
SECTION 40: ENVIRONMENTAL CONSERVATION
37
SECTION 41: FENCING AND SCREENING
38
SECTION 42: HOME OCCUPATIONS
39
SECTION 43: LIGHTING
39
SECTION 44: LOT GRADING AND DRAINAGE
40
SECTION 45: OBJECTS PROHIBITED OR RESTRICTED IN YARDS
40
SECTION 46: PERMITTED ENCROACHMENTS
41
SECTION 47: RELOCATION OF BUILDINGS OTHER THAN MOBILE HOMES
43
SECTION 48: SATELLITE DISH AND AMATEUR RADIO ANTENNAS
44
SECTION 49: TEMPORARY STRUCTURES
44
EIGHT: TRANSPORTATION FACILITIES
46
SECTION 50: PARKING
46
SECTION 51: ON-SITE LOADING REQUIREMENTS
51
SECTION 52: VEHICLES
51
NINE: SIGNS
53
SECTION 53: GENERAL PROVISIONS
53
SECTION 54: A-BOARD SIGNS
53
SECTION 55: AWNING AND CANOPY SIGNS
54
SECTION 56: BILLBOARDS
55
SECTION 57: ELECTION SIGNS
55
SECTION 58: FASCIA SIGNS
56
SECTION 59: FREESTANDING SIGNS
56
SECTION 60: PAINTED WALL SIGNS
57
SECTION 61: PORTABLE AND INFLATABLE SIGNS
58
SECTION 62: PROJECTING SIGNS
59
SECTION 63: WALL SIGNS
59
Land Use Bylaw 171/20 Amended November 13, 2023
TEN: LAND USE DISTRICTS
60
SECTION 64: ESTABLISHMENT OF LAND USE DISTRICTS
60
SECTION 65: R1 RESIDENTIAL LOW DENSITY DISTRICT
62
SECTION 66: R1A RESIDENTIAL LOW DENSITY CLASS A DISTRICT
64
SECTION 67: R1B RESIDENTIAL LOW DENSITY CLASS B DISTRICT
66
SECTION 68: R2 RESIDENTIAL GENERAL DISTRICT
68
SECTION 69: R-MHC RESIDENTIAL MOBILE HOME COURT DISTRICT
70
SECTION 70: R-MHS RESIDENTIAL MOBILE HOME SUBDIVISION DISTRICT
73
SECTION 71: C1 COMMERCIAL CENTRAL DISTRICT
75
SECTION 72: LIB LIGHT INDUSTRIAL BUSINESS DISTRICT
77
SECTION 73: D-C DIRECT CONTROL TRANSITIONAL DISTRICT
79
SECTION 74: P PUBLIC USE DISTRICT
80
SECTION 75: URBAN RESERVE DISTRICT (U-R)
81
SECTION 76: CANNABIS PRODUCTION FACILITY
82
SECTION 77: CANNABIS SALES
83
SECTION 78: IBX MIXED USE INDUSTRIAL BUSINESS PARK
84
List of Figures and Tables
Figure 37.1: Restrictions on Corner/Double Fronting Lots
37
Figure 46-1: Permitted Encroachments - Front and Interior Side Yard Setbacks
42
Figure 46-2: Permitted Encroachments - Rear and Exterior Side Yard Setbacks
43
Figure 50-1: Illustration of Parking Standard Dimensions
47
Table 50-1: Parking Stall Design Standards
48
Table 50-2: Parking Requirements
49
Figure 52-1: Sight Triangle at Intersection of Lanes
51
Figure 54-1: A-Board Sign
53
Figure 55-1: Awning and Canopy Signs
54
Figure 60-1: Painted Wall Signs and Projecting Signs
57
Table 64-1: Residential Land Uses
61
Schedule "A": Land Use District Map
88
Schedule "B": Fees Bylaw
89
Land Use Bylaw 171/20 Amended November 13, 2023
ONE: Enactment and Administration
Section 1: Title
This Bylaw is entitled the Village of Warburg Land Use Bylaw.
Section 2: Purpose
The purpose of this Bylaw is to regulate the use and development of land and buildings in the
Village of Warburg pursuant to Part 17 of the Municipal Government Act.
Section 3: Application
The provisions of this Bylaw apply to all lands and buildings within the boundaries of the Village,
pursuant to Part 17 of the Municipal Government Act.
No person shall commence any development within the Village except in compliance with this
Bylaw.
Section 4: Effective Date
This Bylaw comes into force and takes effect upon the date of its third reading.
Land Use Bylaw No. 283 as amended is hereby repealed.
Section 5: Other Legislative Requirements
Compliance with the requirements of this Bylaw does not exempt any person from the
requirements of any statutory plan.
Nothing in this Bylaw exempts a person to obtain a development permit as required by this Bylaw
or to obtain any other permit, license or other authorization required by this or any other Bylaw.
In addition to the requirements of this Bylaw, a person is required to comply with all federal,
provincial and other municipal legislation.
Section 6: Transition
An application submitted and accepted prior to the approval of this Bylaw shall be considered
under the provisions of Land Use Bylaw No. 283, as amended.
Land Use Bylaw 171/20 Amended November 13, 2023
TWO: Interpretation
Section 7: Units of Measurement
All measurements in this Bylaw are metric.
Section 8: Rules of Interpretation
Words used in the present tense include the other tenses and derivative forms. Words used in the
singular include the plural and vice versa. Words have the same meaning whether they are
capitalized or not.
The words shall and must require mandatory compliance except where a variance has been
granted pursuant to the Act or this Bylaw.
Words, phrases, and terms not defined in this part may be given their definition in existing
legislation and regulations, such as the Act or the Alberta Building Code. Other words shall be
given their usual and customary meaning.
Where a regulation involves two or more conditions or provisions connected by the conjunction and
means all the connected items shall apply in combination; or indicates that the connected items
may apply singly or in combination; and and/or indicates the items shall apply singly or in
combination.
Metric Conversions to be utilized by the reader are as follows:
1.0 metre = 3.281 feet
1.0 square metre = 10.8 square feet
1 hectare = 2.47 acres
1.0 kilogram = 2.2 lbs.
1.0 cubic metre = 220 gallons
Imperial conversions are provided for the convenience of the reader. For interpretation of the
Bylaw, the metric values indicated in the Bylaw shall prevail.
Land Use Bylaw 171/20 Amended November 13, 2023
Section 9: Definitions
The following definitions shall be used in this Land Use Bylaw:
"ABATTOIR" means the use of land or
buildings as a facility for the slaughtering of
animals and the processing of meat products.
"ACCESSORY BUILDING" means a building
or structure, which, in the opinion of the
Development Authority, is incidental,
subordinate and exclusively devoted to the
principal use or building and is located on the
same parcel. Examples include, but are not
limited to, garages, decks, sheds and carports.
An accessory building or structure does not
include extensions that are physically attached
to the principal building.
"ACCESSORY USE" means a use customarily
incidental and subordinate to the main use or
building and is located on the same parcel of
land with such main use or building.
"ACT" means the Municipal Government Act,
2000, and amendments thereto and its
successors.
"ADJACENT" means land that is contiguous to
the lot that is the subject of an application for
subdivision, re-designation or development and
includes land or a portion of land that would be
contiguous if not for a public road, railway,
reserve land, utility right-of-way, river or stream.
"AGGREGATE STOCKPILING" means the
use of land for the storage of processed
aggregates or other raw materials for future
sale.
"AGRICULTURE"
The cultivation of soil for the growing of
crops and all related activities, or the
raising of animals to provide food or
other products. This shall not include
Confined
Feeding
Operations
or
Cannabis Production Facilities.
"AGRICULTURE - CROPS" means the
cultivation of soil for the growing of crops and
all related activities. This shall not include
Cannabis Production Facilities.
"AGRICULTURE - PROCESSING" means a
value-added agricultural operation that includes
the use of land or a building for the upgrading
of a product for distribution or for sale that is
originally produced in an agricultural operation
These operations are intended to primarily use
agricultural products that are produced on-site,
and minimal off-site impacts are anticipated.
This shall not include Cannabis Production
Facilities.
"AGRICULTURAL SUPPORT SERVICES"
means any development providing products or
services directly related to the agricultural
industry.
"APARTMENT" means a building with five or
more dwelling units, and which share a
common entrance, and which does not conform
to the definition of any other residential use. All
dwelling units must adhere to the provisions of
the Alberta Safety Codes Act.
"ASSISTED LIVING FACILITY" means a
building, or a portion of a building operated for
the purpose of providing live in accommodation
for six or more persons with chronic or
declining conditions requiring professional care
or supervision or ongoing medical care, nursing
or home making services or for persons
generally requiring specialized care. All
dwelling units must adhere to the provisions of
the Alberta Safety Codes Act.
"AUCTION MART" means a development
used for the auctioning and related temporary
storage of goods, except livestock.
Land Use Bylaw 171/20 Amended November 13, 2023
"AUTOBODY AND REPAIR SHOP" means a
use where the primary activity is the repairing
and maintaining of vehicles, including auto
body repair.
"AUTOMOBILE AND RECREATION
VEHICLE SALES AND RENTAL" means a
development used for the retail sale or rental of
new or used automobiles, recreational vehicles,
motorcycles, snowmobiles, tent trailers, boats,
travel trailers or similar light vehicles or crafts,
together with incidental maintenance services
and sale of parts. It includes automobile
dealerships, car and truck rental agencies, and
motorcycle dealerships, but does not include
dealerships for the sale of manufactured
homes, trucks, or heavy equipment with a
gross vehicle weighting greater than 4,000 kg.
See "Heavy Equipment Sales, Service, Storage
and Rentals" for dealerships of vehicles and
equipment over 4,000 kg.
"AUTOMOBILE REPAIR GARAGE" means
and establishment for the repair or replacement
of parts in a motor vehicle but does not offer
vehicle fuels for retail sale. This definition does
not include an auto body shop, an automotive
service station, or a gas bar. For the purposes
of this definition, vehicles may include
motorized construction equipment and tractor
trailers. This includes a "Tire Shop".
"AUTOMOBILE SERVICE STATION" means
a use, building, or part of a building, where
vehicle fuels, lubricants, and accessories are
offered for retail sale, and which contains
facilities for the repair and maintenance of
vehicles excluding body work.
"AUTOMOBILE SUPPLY STORE" means a
use, building, or part of a building where
equipment and parts used to repair, service, or
customize motor vehicles are available for retail
sale. This does not include any installations or
repairs.
"BALCONY" means a platform, attached to
and projecting from the face of a building above
the first storey, normally surrounded
by a railing and used as an outdoor
porch or sundeck with access only from within
the building.
"BANK/FINANCIAL INSTITUTION" means a
development, use, or building that is primarily
for the banking or lending of money and other
related services. It includes a trust company,
chartered bank and credit union or Province of
Alberta Treasury Branch.
"BASEMENT" means a storey or storeys of a
building located below the first storey.
'BASEMENT SUITE" - means a basement
developed as a dwelling and approved by the
Development Authority. All dwelling units must
adhere to the provisions of the Alberta Safety
Codes Act.
"BED AND BREAKFAST FACILITY" means a
dwelling unit in which the occupant rents or
leases a room or a suite of rooms on a
temporary basis to vacationers or tourists, and
which may include the provision of meals as
part of and in addition to the rental paid for the
room or a suite of rooms. This does not include
a hotel, motel, boarding or lodging house, or
restaurant, as defined herein.
"BERM" means a landscaped mound of earth.
"BI-LEVEL" means a residence in which the
upper floor is a minimum of 79 square meters
(850 square feet), with a fully finished lower
floor. The lower-level finish requires an
ingress/egress access with oversized windows
or walkout exposure etc. Floor level is less than
1.2 meters below building grade.
"BOARD" means the Village's Subdivision and
Development Appeal Board.
"BOARDING FACILITY" means a building
containing sleeping rooms without cooking
facilities, where lodging and/or meals for three
Land Use Bylaw 171/20 Amended November 13, 2023
or more persons is provided for compensation
but does not include a hotel.
"BOTTLED GAS, SALES AND STORAGE"
means a facility where compressed gas is
stored in pressurized portable tanks.
"BREWRIES, WINERIES AND
DISTIRLLERIES" means the manufacturing of
beer, wine spirits and other alcoholic beverages
and may include the tasting and consumption
of products made on-site, the preparation and
sale of food, and the storage, packing, bottling,
canning, and shipping of products made. Retail
sale of products made may be consumed off-
site.
"BUFFER" means an area where development
is restricted to a row of trees, shrubs, fencing,
or other similar means to provide visual
screening and separation between sites,
incompatible land uses, roadways or districts.
"BUILDING" includes anything constructed or
placed on, in, over or under land but does not
include a highway or a public roadway or a
bridge forming part of a highway or public
roadway.
"BUILDING DEMOLITION" - means the
pulling down, tearing down or razing of a
building.
"BUILDING GRADE" means a ground
elevation established for regulating the number
of storeys and the height of a building. The
building grade shall mean the lowest level of
finished ground elevation adjoining a building at
any exterior wall.
"BUILDING HEIGHT" means the vertical
distance between the grade and the highest
point of a building; excluding an elevator
housing, a mechanical skylight, a steeple, a
chimney, a smokestack, a fire wall, a parapet
wall, a flagpole or similar device not structurally
essential to the building.
"BUILDING SEPARATION" means
the minimum distance between two
buildings as regulated by the Alberta Building
Code.
"BULK FUEL STATION" means a
development for handling petroleum products in
bulk quantities and includes supplementary
tanker vehicle storage. Key-lock and card-lock
pumps and retail fuel sales may be
incorporated as an accessory use. This
includes "Bulk Fuel Distributor".
"CAMPGROUND" means any land or part
thereof, which may levy fees for the locating of
tents or recreational vehicles and shall include
any facilities or amenities secondary to the
primary use and may also include a Recreation
Vehicle Park and Public Campground.
Temporary or seasonal storage of recreation
vehicles may be permitted as an accessory
use, at the discretion of the Development
Authority.
"CANNABIS" means cannabis as
defined in the Cannabis Act.
"CANNABIS ACCESSORY" means a
thing that is commonly used in the
consumption of cannabis. A Cannabis
Accessory includes, but is not limited to,
rolling paper or wraps, holders, pipes,
water pipes, bongs and vaporizers.
"CANNABIS PRODUCTION FACILITY
means a Development licensed by
Health Canada located in a stand-alone
Building where Cannabis is grown,
processed, packaged, tested, destroyed,
stored, distributed or loaded for shipping.
Cannabis Production Facilities shall not
include Cannabis Sales or Retail Sales
as an Accessory Use.
"CANNABIS SALES"
A Principle Use being a business where
Cannabis is sold in accordance with the
following provisions:
Land Use Bylaw 171/20 Amended November 13, 2023
a)
Cannabis
sold
is
for
consumption
Off
Site
and
Cannabis shall not be consumed
On Site;
b)
No other goods are sold on the
premises other than Cannabis
Accessories;
c)
All Cannabis offered for sale or
sold must be from a federally
approved and licensed facility;
d)
The business must be licensed
by the Alberta Government; and
e)
The Use premises, including the
associated Loading Space, are
located at least;
1)
200.0 m to the closest
point of another Cannabis Sales
Use;
2)
200.0 m to the closest
point of a Liquor Store;
3)
300.0 m to the closest
Site Line of a School, a
municipally owned Site used by a
School with an associated joint
use agreement, or a future School
Site as depicted in an adopted
Area Structure Plan;
4)
300.00 m to the closed
point of a municipal Playground,
Public Library or Recreational
Establishment, Outdoor;
5)
100.00 m to the closest
Site Line of a provincial health
facility in accordance with the
Gaming, Liquor and Cannabis
Act;
6)
300.00 m to the closest
point
of
a
Recreational
Establishment, Indoor Use that is
publicly owned or operated;
7)
300.00 m to the closest
Site Line of a public library; and
8)
300.00 m to the closest
point of a Child Care Facility Use,
including the associated On Site
play area.
"CARETAKER'S RESIDENCE"
means a dwelling unit that is
secondary or accessory to the principal
industrial, commercial or recreational use on
the same parcel and is used for the purpose of
providing living accommodation for the
individual who is primarily responsible for the
maintenance and security of the principal use
on that parcel.
"CARPORT" means a roofed structure used for
storing or parking of not more than two private
vehicles, which has not less than 40% of its
total perimeter open and unobstructed.
"CATERER" means an establishment in which
food and beverages are prepared for the
consumption off premises, and are not served
to customers on the premises or for take out.
This is not a food and/or beverage service
facility.
"CEMETERY" means a parcel of land used as
a burial ground and is licensed by the
appropriate provincial government
departments, and may include accessory
facilities such as crematories, cinerarium,
columbarium, mausoleums, memorial parks
and gardens of remembrance.
"CHILD CARE FACILITY"
A Development used to provide care and
supervision,
but
not
overnight
accommodation, to seven or more
children under the age of thirteen.
Typical Uses are day care centres,
before and after school care, and pre-
schools. Child Care Facilities, including
associated On-Site play areas, shall be
located a minimum of 100.00 m from the
closest point of a Cannabis Sales Use.
"CLINIC" means a building or part of a building
intended for use by any or all of the following:
physicians, dentist, drugless practitioners,
opticians, optometrists, chiropractors, their staff
and patients, for the purpose of consultation,
diagnosis and office treatment.
Land Use Bylaw 171/20 Amended November 13, 2023
"CLUB" means a development used for the
assembly of members of charitable, social
service, athletic, business or fraternal
organizations, and may incorporate eating,
drinking, entertainment, sports, recreation and
amusement facilities as accessory uses.
"COMMUNICATION TOWER" means a
structure that is used to convey communication,
radio, or television signals and may include
other structures necessary for carrying out this
function.
"COMMUNITY HALL" means the use of land
and building for community activities and
generally not used for commercial purposes,
and the control of which is vested in the Village
of Warburg, a local board or agent thereof.
"CONCRETE MANUFACTURING / PLANT"
means an operation that produces concrete or
concrete products use in building or
construction and includes facilities for the
administration and management of the
business, the stockpiling of bulk materials used
in the production process, or a finished product
manufactured on the premise, and the storage
of the materials and equipment required to
manufacture concrete. It may also include the
manufacture and storage of concrete products
and supplies and maintenance of required
equipment. It does not include the retail sale of
finished concrete.
"CONDOMINIUM UNIT" means:
i.
In the case of a building, a space that is
situated within a building and described as
a unit in a condominium plan by reference
to floors, wall and ceilings in a building,
ii.
In the case other than that of a building,
land that is situated within a lot described
as a unit of condominium plan by
reference to boundaries governed by
monuments pursuant to the provisions of
the Surveys Act respecting subdivision
surveys.
"CONSTRUCT" means to build,
reconstruct or relocate, and without
limiting the generality of the word, also
includes:
i.
Any preliminary operation such as
excavation, filling or draining;
ii.
Altering an existing building or structure by
an addition, enlargement, extension or
other structural change; and
iii.
Any work which requires a Building
Permit.
"CONTRACTING SERVICES, MAJOR"
means a development used for commercial and
industrial service support and construction.
Typical uses include oilfield support services,
laboratories, cleaning and maintenance
contractors, building construction, surveying,
landscaping, concrete, electrical, excavation,
drilling, heating, plumbing, paving, road
construction, sewer or similar services of a
construction nature which require on-site
storage space for materials, mobile equipment
or vehicles normally associated with the
contractor service. Any sales, display, office or
technical support service areas shall be
necessary to the principal general contractor
use.
"CONTRACTING SERVICES, MINOR" means
a development used for the provision of
electrical, plumbing, heating, painting, catering
other contractor services and the accessory
sales of goods normally associated with
contractor services where all materials are kept
within an enclosed building, and no fleet
storage of more than four vehicles or pieces of
mobile equipment.
"CONVENIENCE FOOD STORE" means a
retail operation that specializes in convenience
type items such as groceries, soft drinks and
other similar goods.
"COUNCIL" means the Council of the Village
of Warburg.
Land Use Bylaw 171/20 Amended November 13, 2023
"CROWN LAND" means land of the Crown in
right of Alberta that includes the bed and
shores of all permanent and naturally occurring
water bodies and watercourses.
"DAY CARE FACILITY" means a development
licensed by the Province to provide personal
care, maintenance, supervision or education,
for seven or more children at one time for more
than three but less than 24 hours in a day. This
includes day care centers, nurseries,
kindergartens, nursery schools, play schools,
and other similar uses.
"DECK" means an unenclosed amenity area or
platform that may be attached to a dwelling and
is intended for the purpose of outdoor dining,
lounging and other similar accessory residential
use.
"DEVELOPMENT" means any development as
defined in the Act.
"DEVELOPMENT AUTHORITY" means a
development authority established pursuant to
the Act and may include one or more of the
following: a Designated Officer, a municipal
planning commission, an inter-municipal
planning commission, or any other person or
organization that has been authorized to
exercise development powers on behalf of the
municipality.
"DEVELOPMENT OFFICER" means a person
appointed as Development Officer pursuant to
the Land Use Bylaw.
"DEVELOPMENT PERMIT" means a
document pursuant to this Land Use Bylaw.
"DISCRETIONARY USE" means the use of
land or a building that is listed in the columns
captioned "Discretionary Uses" in all districts of
this Bylaw, and for which, subject to the
provisions of this Bylaw, a development permit
MAY be issued.
"DISTRICT" means Land Use District.
"DRIVEWAY" means a vehicle
access route on the parcel which
provides access to the driving surface.
"DRY CLEANING AND LAUNDRY
DEPOT/PLANT means a building where the
cleaning of clothing is carried on and/or used
for the purpose of receiving articles of clothing
to the cleaned elsewhere.
"DWELLING" means a complete building or
self-contained portion of a building used or
designed to be used by a household,
containing independent and separate sleeping,
cooking and sanitary facilities intended as a
permanent residence and having an
independent entrance either directly from the
outside of the building or through a common
area inside the building.
"DWELLING, DUPLEX" means a building
containing two dwelling units, either one above
the other or side by side, each of which has an
independent entrance, either directly from
outside the building or through a common
vestibule. All dwelling units must adhere to the
provisions of the Alberta Safety Codes Act.
"DWELLING, FOURPLEX" means a building
containing four dwelling units each with direct
access to the outside grade, but not all the
units are required to have separate frontage
onto a public or private road. Units may have
common side and rear walls and may also be
separated by a common ceiling/floor assembly.
This shall not mean row housing dwelling or
duplex dwelling. All dwelling units must adhere
to the provisions of the Alberta Safety Codes
Act.
"DWELLING, ROW HOUSING" means a
building on a lot or lots that consist of at least
three dwelling units with each unit having direct
access to the outside grade but shall not mean
"apartment" or "four-plex". Units are attached
at the side walls, each having frontage onto a
public or private condominium road. A row
house dwelling unit may be located on a
Land Use Bylaw 171/20 Amended November 13, 2023
separate lot if the lot is registered after
construction of the row house dwelling.
"DWELLING, SINGLE DETACHED" means a
residential building containing one dwelling unit
intended as a permanent residence. Single
detached dwellings must be of new
construction and feature the following criteria:
i. shall include single detached dwellings
constructed off-site;
ii. All exterior walls of the floor area must be
dimensioned at less than or equal to 3:1
length to width ratio; and
iii. All roof pitches must be a minimum of 3:12
ratio (3 feet of elevation for 12 feet of
width).
All dwelling units must adhere to the provisions
of the Alberta Safety Codes Act.
"DWELLING, TRIPLEX" means a building
containing three dwelling units each with direct
access to the outside grade, but not all the
units have separate frontage onto a public or
private road. Units may have common side
and rear walls and may also be separated by a
common ceiling/floor assembly. All dwelling
units must adhere to the provisions of the
Alberta Safety Codes Act.
"EAVELINE" means the horizontal line that
marks farthest projection of the roof overhang
beyond the wall of the building.
"ENVIRONMENTAL AUDIT" means a
comprehensive site analysis to determine:
i.
If there are any hazardous substances
above, on or below the surface of the
subject property that may pose a threat to
the environment and/or health of humans,
wildlife and/or vegetation;
ii.
If there are any breaches of federal,
provincial, and/or municipal environmental
standards;
iii.
The level of risk that a contaminated site
poses to the environment and/or health of
humans, wildlife, and/or vegetation; and
iv.
What remedial actions may be
required to reduce the level of
risk posed by a contaminated site to an
acceptable level.
"ENVIRONMENTAL IMPACT ASSESSMENT"
means a comprehensive site analysis to
determine:
i.
The potential impact of the proposed
development on the site;
ii.
The potential environmental impact of the
proposed development upon adjacent
properties or land uses; and
iii.
The potential environmental impact of the
proposed development upon the future
land use potential of the property.
"FAÇADE" means the principal face of the
building on the shortest side of the lot abutting
the street or avenue.
"FARMING" means the raising or production of
crops, or animals, and includes a single
residence for the farmer, but does not include a
"Confined Feeding Operation as defined by the
Natural Resources Conservation Board.
"FARM SUPPLY STORE" means
establishments which sell their products to the
farm industry.
"FEED MILLS AND GRAIN ELEVATORS"
mean buildings in which animal feeds and grain
are stored during shipment to or from farms
and in which agricultural products may be
prepared or sold.
"FENCE" means a vertical physical barrier
constructed to prevent visual intrusions,
unauthorized access, or to provide sound
abatement.
"FLOODPLAIN" means the land adjacent to a
lake, river or stream inundated by a one in one
hundred year return flood as determined by
Alberta Environment.
"FLOODPROOFING" means the rendering
Land Use Bylaw 171/20 Amended November 13, 2023
safe from damage arising from a one in one
hundred year return flood, as determined by
Alberta Environment, through all or any of the
following means;
i.
The raising of the level of land to a
minimum of 0.3 metres above the flood
level; or
ii.
The construction and use of buildings with
the lowest water entry point 0.3 metres
above that flood level; or
iii.
Any other such means as may be
considered appropriate by the
Development Authority in consultation with
Alberta Environment.
"FLOOR AREA" means the total floor area of
every room and passageway contained in a
building but not including the floor areas of
basements, attached garages, open porches,
patios, open decks, verandas or breezeways.
"FLORIST SHOP" means a retail store
devoted to the sale of flowers, indoor plants
and arrangements thereof.
"FOOD AND/OR BEVERAGE SERVICE
FACILITY" means a building or portion thereof,
in which food and/or beverages are prepared to
be sold for consumption on the premises or for
take-out, and without limiting the generality of
the foregoing, may include such facilities as
restaurants, drive-in food establishments,
taverns, bars cocktail lounges and catering
services.
"GAMING OR GAMBLING
ESTABLISHMENT" means a building or
structure, or any portion thereof, which is used
or intended for use for the purpose of dealing,
operating, maintaining or conducting any game
played with cards, dice, or any mechanical
device for money, property or item of value.
"GARAGE" means an ancillary building or
portion of a main building, including a carport,
used or intended to be used in conjunction with
a dwelling unit principally for the private parking
or storage of motor vehicles for
personal transportation. A garage
is not a "Dwelling".
"GAS BAR" means a retail outlet that is limited
to the sale of gasoline and related automotive
products and may include a "Convenience
Food Store".
"GENERAL INDUSTRIAL USE"
Development used for one or more of the
following
activities;
manufacturing,
processing,
assembling
cleaning,
repairing, servicing, testing, storage,
warehousing or distribution of materials,
products or equipment; and may include
the training of personnel in general
industrial operation. Accessory Uses
may include indoor display, office,
technical or administrative support areas
or
any
sales
operation
directly
associated with the General Industrial
Use activities on-site. This shall exclude
natural resource development and
Cannabis Production Facilities.
"GREENHOUSE"
A Development used primarily for the
raising, storage and sale of bedding,
household and ornamental plants, as
well as associated products. This use
excludes Cannabis Production Facilities.
"GROUP CARE FACILITY" means a facility
which provides residential accommodation for
up to six persons, most or all of which are
handicapped, aged, disabled, or in need of
adult assistance and who are provided service
or supervision, excluding foster homes. All
dwelling units must adhere to the provisions of
the Alberta Safety Codes Act.
"HANDICRAFT BUSINESS" means the
production and selling of handicrafts on a
commercial basis.
"HOME OCCUPATION" means any
occupation, trade, profession or craft carried on
Land Use Bylaw 171/20 Amended November 13, 2023
by an occupant of a residential building as a
use secondary to the residential use of the
building.
"HOTEL" means a building designed for the
accommodation of the traveling and
vacationing public containing guestrooms
served by a common entrance as well as
general kitchen and dining or other public
rooms.
"INDUSTRY/MANUFACTURING - SMALL
SCALE" means an industry engaged in the
assembly, processing, manufacture, cleaning,
testing, repairing, storage or distribution of
various materials into a new product. The
industry may exhibit most or all of the following
characteristics:
i.
Can be developed on smaller parcels of
land;
ii.
Is suitable for industrial parks;
iii.
Most of the activities are confined to the
building;
iv.
Does not require large areas for outdoor
storage; and
v.
Does not produce emissions which are
obnoxious or hazardous.
"INSTITUTIONAL USE" means a place of
worship, hospital, private school, post
secondary education facility, park, playground,
cemetery, community hall, library or tourist
information facility.
"INTERNAL SUBDIVISION ROAD" means a
public roadway, excluding a primary highway,
secondary highway, or municipal road,
constructed solely for access, egress, and
internal circulation within a commercial,
industrial or residential development.
"LABORATORY" means the use of a building,
or part of a building, used for scientific, medical
and/or dental testing, experimentation and/or
research.
"LAGOON" means any pond, natural or
artificial, receiving raw or partially treated
sewage or waste, in which
stabilization occurs due to sunlight,
air and micro-organisms.
"LANDSCAPED AREA" means an open area
of land, which is:
i.
Unoccupied by any building or structure;
ii.
Situated on ground level on a lot;
iii.
Used or intended to be used for the
growth and maintenance of grass, flowers,
shrubs, bushes, trees and other
vegetation, and for the provision of other
landscaping features including, but not
restricted to, planting strips, facilities for
outdoor recreation, ornamental ponds,
play areas, surfaced walks, and patios; but
iv.
Does not include any part of a driveway or
parking area, regardless, of surface
composition, or any roof-top terrace,
balcony, or space enclosed within a
building.
"LANDSCAPING" means to preserve or
change the natural features of a site by adding
lawns, trees, shrubs, ornamental plantings,
ornamental ponds, fencing, walks, driveways,
or other structure and materials as used in
landscape architecture.
"LANE" means a public right-of-way not
exceeding 10.0 metres (32.3 feet) in width
which provides secondary access to a lot and
which is registered at the Land Titles Office.
"LAUNDROMAT" means a self-serve clothes-
washing establishment containing one or more
washing and drying, ironing, finishing or other
incidental equipment.
"LEGAL NON CONFORMING BUILDING"
means a building:
i.
That is lawfully constructed or lawfully
under construction at the date a land use
bylaw affecting the building or the land on
which the building is situated becomes
effective; and
Land Use Bylaw 171/20 Amended November 13, 2023
ii.
That on the date the land use bylaw
becomes effective does not, or when
constructed will not, comply with the land
use bylaw.
"LEGAL NON CONFORMING USE" means a
lawful specific use:
i.
Being made of land or building or intended
to be made of a building lawfully under
construction at the date a land use bylaw
affecting the land or building become
effective; and
ii.
That on the date the land use bylaw
becomes effective does not, or in the case
of a building under construction, will not,
comply with the land use bylaw.
"LIGHT EQUIPMENT REPAIR/RENTAL"
means a development, use or building for the
rental and/or repair of tools, appliances,
recreational craft, office machines, furniture,
home appliances, or similar items, but does not
include the rental or repair of motor vehicles or
industrial equipment.
"LIVESTOCK AUCTION MART" means a
facility where agricultural related items
including livestock are brought.
"LOT" as defined under Part 17 of the
Municipal Government Act, means:
i.
A quarter section;
ii.
A river lot shown on an official plan, as
defined in the Surveys Act that is filed or
lodged in a land titles office;
iii.
A settlement lot shown on an official plan,
as defined in the Surveys Act that is filed
or lodged in a land titles office;
iv.
A part of a parcel described in a certificate
of title if the boundaries of the part are
described in the certificate of title other
than by reference to a legal subdivision;
and
v.
Part of a parcel of land described in a
certificate of title if the boundaries of the
part are described in the certificate of title
by reference to a plan of subdivision.
"LOT AREA" means the area
contained within the boundaries of a
lot shown on a plan of subdivision or described
in the Certificate of Title.
"LOT - CORNER" means a lot at the
intersection of two public roadways.
"LOT COVERAGE" means that percentage of
lot area which is covered by all buildings on
that lot, including a porch, veranda, covered
deck and accessory buildings, but excluding
patios.
"LOT DEPTH" means the length of a straight
line joining the middle of the front lot line with
the middle of the rear lot line. If there is no rear
lot line, lot depth shall be measured from the
middle of the front lot line to the intersection of
the two other lot lines.
"LOT LINE" means a legally defined limit of
any lot.
"MINIMUM STANDARDS" means those
minimum standards relating to lot area, floor
area, yards, landscaping design, character and
appearance of buildings, etc. for the permitted
uses of land or buildings or the discretionary
uses of land or buildings, or both, listed in this
Bylaw and, where these are not specified, as
determined by the Municipal Planning
Commission.
"MOBILE HOME" means a residential unit that
may be constructed with a heavy transport
chassis that allows for permanent or temporary
attachment of a hitch and wheel assembly to
enable the relocation of the dwelling. A mobile
home may be a single structure (single-wide) or
two parts which are put together to comprise a
complete dwelling (double-wide). Mobile
Homes shall feature the following criteria:
i.
minimum roof pitch of 5 cm (2 inches) of
vertical rise for every 30.5 cm (12 inches);
and
Land Use Bylaw 171/20 Amended November 13, 2023
ii. a minimum floor area length to width ratio
of 3:1.
A mobile home does not include a single
detached dwelling.
"MOBILE HOME COURT" means a parcel
comprehensively designed, developed,
operated and maintained to provide sites and
facilities for the placement and occupancy of
mobile homes on either a short or a long-term
basis.
"MOBILE HOME SUBDIVISION" means
privately owned parcels of land for the purpose
of locating mobile homes on a permanent
basis.
"MOTEL" means a building or a group of
buildings designed for the accommodation of
the traveling or vacationing public containing
guestrooms.
"MUNICIPALITY" means the Village of
Warburg.
"MUNICIPAL ROAD" means a public roadway
subject to the direction, control and
management of the Village but not including an
internal subdivision road.
"MUNICIPAL SHOP AND STORAGE YARD"
means a facility used by the municipality for the
storage of materials used in fulfilling its various
functions and the housing and repair of its
equipment,
"MUSEUM" means a use of a building, or part
of a building for the preservation and
presentation of works of art, or cultural,
historical, or scientific objects and information
and open to the recreation and education of the
public.
"NURSING HOME" means an institution or a
distinct part of an institution which is licensed
and approved to provide health care and social
support for 24 or more consecutive hours for 2
or more patients who require such care on a
daily basis and who are not related
to the governing authority or its
members by marriage, blood or adoption.
"OFFICE BUILDING" means a facility
providing for the administration of business or
government, or the provision of professional
services.
"OILFIELD SUPPORT SERVICES" means a
development that provides cleaning, servicing,
repairing or testing of materials, goods and
equipment normally associated with the oil and
gas industry and may include the storage of
shipping of such materials, goods and
equipment, including petrochemical products
and supplies, providing such storage does not
exceed 5,000 cubic metres (1,100,000 imperial
gallons) for all organic or inorganic chemicals
and 10,000 cubic metres (2,200,000 imperial
gallons) for all petroleum products and that
such storage is in accordance with all
applicable provincial and federal statutes. This
definition applies to oil and gas industry support
operations and includes, but is not limited to,
seismic and surveying, well servicing, oilfield
haulers, pipeline contractors and welding
operations.
"OPEN OR OUTDOOR STORAGE AREA"
means an area of land used for outdoor storage
purposes.
"OTHER RELATED IMPROVEMENTS"
means utilities (power, gas, well or septic
system) and/or mature shelterbelts.
"OUTDOOR DISPLAY" means land that is
used to show, exhibit or make visible products,
good, or equipment for the purpose of sale or
promotion.
"PARCEL" means the aggregate of one or
more areas of land described in a title or
described in a certificate of title by reference to
a plan filed in a land titles office.
"PARCEL COVERAGE" means the area
covered by buildings, and without limiting the
Land Use Bylaw 171/20 Amended November 13, 2023
foregoing, includes carports, covered patios
and covered sundecks.
"PARK" means a development of public land
specifically designed or reserved for the
general public for active or passive recreational
use and includes all natural and manmade
landscaping, facilities, playing fields, buildings
and other structures that are consistent with the
general purposes of public parkland, whether or
not such recreational facilities are publicly
operated or operated by other organizations
pursuant to arrangements with the public
authority owning the park. Typical uses include
tot lots, band shells, picnic grounds, pedestrian
trails, landscaped buffers, playgrounds and
water features. A municipal Playground in a
Park Site shall be located a minimum of 300.00
from the closest point of a Cannabis Sales Use.
"PARKING LOT" means an area of land
providing for the parking of motor vehicles.
When identified as a specific use in a land use
district, this use is contemplated as an
exclusive use of a land parcel. Otherwise,
parking lots are to be developed in association
with other permitted and discretionary uses and
in accordance with the regulations found in
Section 3 of this Bylaw.
"PARKING STALL" means that portion of a
parking lot that accommodates a parked
vehicle.
"PERMITTED USE" means the use of land or
of a building that is listed in the column
captioned "Permitted Uses" in Land Use
Districts appearing in this Bylaw.
"PERSONAL SERVICE SHOP" means a use
of a building or part of a building in which
services are provided and administered to the
individual and personal needs of persons, and
without limiting the generality of the foregoing,
includes a barber shop, hairdressing
establishment, beautician, beauty parlor, shoe
repair and shoe shining shop, formal rental
shop, tailor shop, bake shops, depots for
collection and delivery of dry
cleaning and laundry, self-serve
laundry establishments and pet grooming
facilities. The sale of merchandise shall be
permitted as an accessory use to the personal
service provided.
"PHARMACY" means a retail store that
dispenses prescription drugs and sells, among
other things, non-prescription medicines, health
and beauty products, and associated sundry
items.
"PLANTING STRIP" means a landscaped area
located immediately adjacent to a lot line or
portion thereof, on which is situated one or
more of the following screening devices:
i. A continuous row of trees;
ii. A continuous hedgerow of evergreens or
shrubs;
iii. A berm;
iv. A wall;
v. An opaque fence; and
vi. Arranged in a way as to form a dense or
opaque screen.
"PLAYGROUND"
An outdoor area dedicated to play structures for
children.
"POINT OF SALE ADVERTISING" means
material, which relates to the name of the
occupier or firm, the nature of the business
conducted and/or goods produced, and/or the
main product sold on the premises to which an
advertisement is attached.
"PREMISE"
An area on a Site or in a Building that is
devoted to a specific Use of business.
"PRIMARY HIGHWAY" means a highway or
proposed highway designated as a primary
highway under the Public Highways
Development Act.
Land Use Bylaw 171/20 Amended November 13, 2023
"PRIVATE CLUB"
A development used for social activities
of members of non-profit groups or
organizations,
excluding
On
Site
residence. Private Clubs may include
room for eating, drinking and assembly.
Private Clubs shall not allow for On Site
Cannabis consumption.
"PROPANE TRANSFER FACILITY" means a
facility at a fixed location having not more than
one storage container and such container shall
not have an aggregate propane storage
capacity in excess of 50,000 litres and from
which not retail sale of propane fuel to the
public is or may be affected.
"PUBLIC ASSEMBLY" means the use of a
building or land for religious organizations.
"PUBLIC LIBRARIES AND CULTURAL
EXHIBITS"
Development for the collection of literary,
artistic, musical and similar reference
materials in the form of books,
manuscripts, recordings and films for
public use; or a Development for the
collection, preservation and public
exhibition of work or object of historical,
scientific or artistic value. Typical Uses
include libraries, museums and art
galleries. Public Library Sites shall be
located a minimum of 300.00 m from the
closest point of a Cannabis Sales Use.
"PUBLIC ROADWAY" means a highway, local
road, service road, street, avenue or lane which
is registered as a public right-of-way in a land
titles office.
"PUBLIC USE" means a building, structure or
lot used for public services by the Village
except sanitary landfill sites and sewage
lagoons, or by any local board or agency of the
Village, or by any department, commission or
agency of the Province of Alberta or
Government of Canada.
"REAL PROPERTY REPORT"
means a legal document prepared
by an Alberta Land Surveyor that illustrates the
location of all relevant visible public and private
improvements relative to property boundaries.
It is in the form of a plan or illustration of the
various physical features of the property
including a written statement detailing the
surveyor's opinions or concerns. It is relied
upon by the municipality as an accurate
representation of the improvements to property.
"RECREATIONAL AMUSEMENT PARK"
means a commercial recreation facility with or
without permanent buildings or structures
where rides, games of chance, entertainment,
exhibitions, and the sale of food, beverages,
toys and souvenirs constitute the main use.
"RECREATION FACILITY" means
development that provides facilities for sports
and active recreation. Typical facilities would
include athletic clubs, bicycle/pedestrian trails,
billiard of pool halls, bowling alleys, campsites,
driving ranges, golf courses, health and fitness
clubs, curling, indoor golf facilities, indoor
soccer facilities, roller-skating and hockey rinks,
rifle and pistol ranges, sports fields, tennis
courts and swimming pools. The intended
application is for both private and public
facilities.
"RECREATION VEHICLE" means a portable
structure designed and built to be carried on a
vehicle or to be transported on its own wheels
and which is intended to provide temporary
living accommodation for travel and recreation
purposes. It does not need any special license
or permit to travel on the public road systems
other than a usual trailer or vehicle license, and
without limiting the generality of the foregoing,
includes such vehicles as a motor home, a
camper, a travel trailer or a tent trailer. It does
not include a portable industrial trailer, mobile
home, manufactured home, or any vehicle or
trailer over eight feet in width while being
transported.
Land Use Bylaw 171/20 Amended November 13, 2023
"RECREATIONAL ESTABLISHMENT,
OUTDOOR"
A Development intended to provide
structure for sports or leisure activities,
including
the
related
accessory
Developments for the users of the
facility. Typical Uses include sports
fields, playgrounds, skating rinks, tennis
courts and spray parks. Recreation
Establishment, Outdoor shall be located
a minimum of 300.00 m from the closest
point of Cannabis Sales Use.
"RECYCLING DEPOT" means a building or
land in which is used material separated and
processed prior to shipment for repeated use or
to others who will use those materials to
manufacture new products and may include the
handling of hazardous materials.
"REGISTERED OWNER" means
i. In the case of land owned by the Crown in
right of Alberta or the Crown in right of
Canada, the Minister of the Crown having
the administration of the land; or
ii. In the case of other land,
iii. The purchaser of the fee simple estate in
the land under an agreement for sale that is
the subject of a caveat registered against
the certificate of title in the land and any
assignee of the purchaser's interest that is
the subject of a caveat registered against
the certificate of title or
iv. In the absence of a person described
above, the person registered under the
Land Titles Act as the owner of the fee
simple estate in the land.
"RESEARCH FACILITY" means a building or
portion thereof, or group of buildings in which
facilities for scientific research, investigation,
and testing are located.
"RESTAURANT" means a food establishment
where food is sold or distributed in state ready
for immediate consumption and that has:
seating or standing room designed for food
consumption by patrons; or parking space
under the control of the owner
provided so that a patron may
consume food in a vehicle, and includes a
canteen, cafeteria, dining room or similar facility
provided for employees, staff or students.
"RESTAURANT - DRIVETHRU" means a
place in which food is prepared and sold to the
general public and consumed on the premises
inside or outside of an automobile and includes
an exterior method of ordering and picking up
food.
"RESTAURANT - TAKEOUT/DELIVERY"
means an establishment primarily engaged in
primarily specialty foods in bulk and in providing
customers with a takeout and/or delivery
service, which may or may not be consumed on
or off the premises.
"RETAIL SALES"
A development up to 3000.0 m2 used for
the sale of consumer goods in an
enclosed building, including such items
as groceries, clothing and footwear,
electronics, furniture and appliances,
hardware supplies, household goods,
printed
matter,
confectionary,
pharmaceuticals, personal care items
and office supplies. Retail Sales does
not include Cannabis Sales.
"RETAIL STORE" means a development used
for the retail sale of consumer goods, from
within an enclosed building.
"RETIREMENT HOME" means a place of
residence for persons in or entering retirement
where an independent lifestyle is maintained
with little to no assistance required and that
may include additional services such as but not
limited to entertainment rooms, kitchens,
libraries, and administrative offices.
"SCHOOL" means a publicly supported or
subsidized Development used for education,
operated by a School Board for any or all of
Kindergarten to Grade 12, as per the School
Land Use Bylaw 171/20 Amended November 13, 2023
Act. School Sites shall be located a minimum of
300.00 m from the closest point of a Cannabis
Sales Use.
"SEED CLEANING PLANT" means a building
used for the storage and preparation of seed
used in agriculture.
"SERVICED" means that approved
development uses municipal water and sewer
services, including treatment, where such
services have been installed and are operating
in accordance with municipal requirements.
"SETBACK" means the shortest horizontal
distance required between a property line of a
lot and the nearest part of any building,
structure, development, excavation or use on
the lot.
"SHOPPING CENTRE" means one or more
buildings, or part thereof, containing a group of
separate permitted (or approved discretionary)
commercial uses which is maintained as a
single comprehensive unit and located on a
single lot, such lot being held and maintained
under one ownership or under condominium
ownership.
"SIGHT TRIANGLE" means an area at the
intersection of roadways or roadways and
railways in which all buildings, fences,
vegetation and finished ground elevations shall
be less than one (1) metre (3.3 feet) in height
above the average elevation of the
road/lane/rail, in order that vehicle operators
may see approaching vehicles in time to avoid
collision.
"SIGN" means an object, structure or device
used for the purpose of identification or
advertising or to call attention to any person,
matter, thing or event or to give direction.
"SIGN - AWNING" means a sign attached to a
non-retractable structure completely enclosed
overhead, which is intended to be used for
business identification and protection against
the weather and which is not
supported independently of any
other building structure.
"SIGN - BILLBOARD" means a sign structure
designed and intended to provide a leasable
advertising copy area of 18.0 square metres
where the copy can be periodically replaced,
typically by the use of pre-printed copy pasted
or otherwise mounted onto the copy area.
"SIGN - FASCIA" means a sign placed flat
and parallel to the face of the building so that
no part projects more than 0.3 m from the
building.
"SIGN - FREESTANDING" means a sign on a
standard or column permanently attached to
the ground and which is not connected in any
way to any building or other structure.
"SIGN - PORTABLE" means any sign or
advertising device that can be carried or
transported from one site to another, which
does not rely on a building or a fixed concrete
foundation for its structural support and
includes signs, temporary signs, inflatable
signs, or devices or banners, whether tethered
to a building or no, vehicles placed in a location
for advertising purposes, but does not include
an A-Board or real estate sign or signage
permanently attached and forming part of motor
vehicles use in the day to day conduct of
business.
"SIGN - PROJECTING" means a sign which
projects from a structure or a building face.
"SITE" means a parcel, lot or group of lots
used for or proposed to be used for the
undertaking of a development.
"STORAGE - INDOOR" means a self-
contained building or group of buildings
available for the storage of goods. This use
includes mini-storage, private storage facilities,
and warehouse.
Land Use Bylaw 171/20 Amended November 13, 2023
"STORAGE - OUTDOOR" means a site or a
portion of a site designed for the storage of
goods, materials and/or equipment, or the
display and sale of goods and materials,
including vehicles for hire and sale, located
outside permanent buildings or structures on
the site. This use includes lumber storage and
lumber yard.
"STRUCTURE" means anything constructed or
erected, the use of which requires location on
the ground or attachment to something located
on the ground not including pavement, curbs,
walks, open air surfaces and movable vehicles.
"SUBDIVISION" means the division of a parcel
of land into one or more smaller parcels by a
plan of subdivision or other instrument.
"SUBDIVISION AUTHORITY", as established
pursuant the Act, means that person(s) or body
defined by the Subdivision Authority Bylaw of
the Village of Warburg.
"TANKER TRUCK WASHING FACILITY"
means a commercial building for cleaning and
inspecting the tanks of tanker trucks.
"TAXI/BUS DEPOT" means a use, site or
building used as a dispatch office for taxis,
limousines or buses and may include an area,
site or location intended for the parking of taxis,
limousines or buses or for loading and
unloading of passengers.
"TEMPORARY" means such time limit as set
by the Development Authority.
"TEMPORARY MOBILE COMMERCIAL
SALES" means the sale of goods from a
vehicle or stand for a period not exceeding 180
days per year in the Central Commercial and
Light Industrial Business Districts.
"TEMPORARY STRUCTURE" means a
structure without any foundation or footings and
which is removed when the designated time,
activity or use for which the
temporary structure was erected has
ceased.
"THEATRE" means a building, or part thereof,
used for the presentation of performing arts.
"THEATRE - MOVIE" means a building, or
part thereof, used for the showing or viewing of
motion pictures for a fee.
"TOP SOIL" means that depth of soil
containing the major portion of organic matter,
generally the depth that the land is tilled.
"TRADE/COMMERCIAL SCHOOL" means a
building, structure or land that provides for
technical instruction to students for profit.
"TRANSPORT/TRUCK OPERATION" means
a development involving the storing, parking,
servicing and dispatching of trucks. This use
may also involve the transfer of goods primarily
involving loading and unloading of freight
carrying trucks.
"TRUCK DEPOT" means any building, or land
or portion thereof, in which or upon a business,
service or industry involving the maintenance,
servicing, storage or repair of commercial
vehicles and/or transport trailers is conducted
or rendered. This includes the dispensing of
motor fuel or petroleum products directly into
motor vehicles, the sale of accessories or
equipment for trucks and similar commercial
vehicles.
"TRUCK AND MOBILE HOME SALES AND
RENTAL" means a development used for the
retail sale or rental of new or used trucks
exceeding 4,000 kg, motor homes, and mobile
homes together with incidental maintenance
services and the sale of parts and accessories.
"TRUCK STOP" means a use that combines a
"CONVENIENCE FOOD STORE", "EATING
ESTABLISHMENT", "GAS BAR", "TRUCK
DEPOT", and "AUTOMOTIVE SERVICE
Land Use Bylaw 171/20 Amended November 13, 2023
STATION" in order to cater both to the traveling
public and commercial truck traffic.
"UNDERGROUND WASTE STORAGE
TANKS" means tanks used for the temporary
storage of wastewater, sludge and solids.
"UNDERSIZED LOT" means a lot that does
not meet the minimum length, width or area
requirements of the district in which it is
located.
"URBAN RESERVE" means lands presently
within the Village, which are intended for future
development in order to accommodate the
Village's long-term industrial or residential land
requirements.
"USE" means a building or an area of land and
the function and activities therein or thereon.
"UTILITIES" means the right of way and/or use
of the land or buildings for one or more of the
following:
i. Telecommunication systems;
ii. Waterworks systems;
iii. Irrigation systems;
iv. Systems for the distribution of gas;
v. Systems for the distribution of electric
power;
vi. Storm water management systems;
vii. Heating systems; and
viii. Sewage systems.
"UTILITY BUILDING" or "UTILITY USE"
means a building or land, or portion thereof, as
defined in the Act in which the proprietor of the
public utility maintains its office or offices and/or
maintains or houses any equipment used in
connection with any public utility building.
"VEHICLE WASH" means a use, building or
structure where facilities are specifically used or
intended to be used for washing vehicles either
by production line methods employing
mechanical devices or by hand.
"VETERINARY CLINIC" means the
use of land and building for the
medical care and treatment of animals.
"WATER BODY" means:
i. The bed and shore of a lake, lagoon,
swamp, marsh, or any other natural body
of water; or
ii. Reservoir or other man-made surface
feature, whether it contains water
continuously or intermittently.
"WATERCOURSE" means:
i. The bed and shore of a river, stream,
creek or other natural body of water, or
ii. A canal ditch or other man-made surface
feature whether it contains water
continuously or intermittently.
"YARD" means a part of a lot upon or over
which no building or structure other than a
boundary fence is erected, except for
specifically permitted accessory buildings.
"YARD - FRONT" means a yard extending
across the full width of a lot and situated
between the front lot line and the nearest
exterior wall of the principal building. The
minimum front yard depth is the shortest
horizontal distance permitted between the front
lot line of such lot and the nearest part of the
principal building.
"YARD - INTERIOR SIDE" means a side yard
other than an exterior side yard.
"YARD - REAR" means a yard extending
across the full width of a lot and situated
between the rear lot line and the nearest
exterior wall of the principal building. The
minimum rear yard is the shortest horizontal
distance permitted between the rear lot line of
such lot and the nearest part of the principal
building.
"YARD - SIDE" means the yard extending
from the front yard to the rear yard and situated
between the side lot line and the nearest
Land Use Bylaw 171/20 Amended November 13, 2023
exterior wall of the principal building. The
minimum side yard is the shortest horizontal
distance permitted between the side lot line of
such lot and the nearest part of the principal
building.
"ZERO LOT LINE PLACEMENT"
means the placement of a building
on a lot in such a manner that the building
abuts one or more of the lot lines of the lot.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 21
THREE: Development Authority
Section 10: Designated Officer
10.1
The office of designated officer is hereby established, and such office shall be filled by a
person or persons to be appointed by resolution of Council.
10.2
The Designated Officer shall keep and maintain for the inspection of the public during all
reasonable hours, a copy of this Bylaw and all amendments thereto, and keep a register of all
applications for development and subsequent decisions.
10.3
For the purposes of this Bylaw the Designated Officer serving as the Development Authority
shall be titled as "Development Officer".
Section 11: Municipal Planning Commission
11.1
The Municipal Planning Commission established by Bylaw shall perform such duties as
specified in Part 4 of this Bylaw as well as the Municipal Government Act, Subdivision and
Development Regulation.
Section 12: Subdivision and Development Appeal Board
12.1
The Subdivision and Development Appeal Board (SDAB) established by Council shall
perform such duties as are specified in the Act.
12.2
At the appeal hearing the SDAB shall hear all those persons that it is required to hear under
the Act.
12.3
At the hearing of the appeal, should the SDAB desire legal or technical opinions, it may
adjourn the hearing pending receipt of such information, opinions or other assistance the
Subdivision and Development Appeal Board as established by this Bylaw.
12.4
The Chairperson shall be responsible with respect to all things required to be carried out by
the Board under the Act to see that they are carried out in accordance with the provisions of
the Act, and;
12.4.1 Is empowered to rule that evidence presented is irrelevant to the matter in issue and
to direct the members to disregard the evidence;
12.4.2 May limit a submission if he determines it repetitious; and
12.4.3 When a hearing is adjourned, but the time and place for the continuation of the
hearing is not fixed, shall announce that notice of continuation of the meeting will be
sent to those persons leaving their name and address with the Secretary. Thereafter,
only those persons leaving their name and address shall be entitled to notice of the
continuation of the hearing.
12.5
After hearing all submissions, the SDAB may deliberate and reach its decision in private. In
arriving at is decision the majority vote of those members present shall constitute the decision
of the SDAB. If the vote results in a tie, the appeal is lost.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 22
12.6
The Secretary or Chairperson may make a verbal announcement of the SDAB's
decision at the conclusion of the hearing of an appeal, but the verbal decision is neither final
or binding on the SDAB, and no rights are conferred upon any party by the SDAB's verbal
decision until written notice of the decision has been given in accordance with the Act.
12.7
The SDAB shall give its decision and reasons in accordance with the Act to the applicant, the
appellant, and those affected persons who gave their name and address to the Secretary
during the hearing.
12.8
The Secretary shall, under the direction of the SDAB:
12.8.1 Notify members of the meetings of the SDAB;
12.8.2 Keep available for public inspection before the commencement of the public hearing
all relevant documents and materials respecting an appeal under the Act, including
the application for the development permit or subdivision, and the appeal therefore, or
the order of a Development Officer under Section 645 of the Act, as the case may be;
12.8.3 Make and keep a written record of the proceedings of the SDAB which shall include: a
summary of the evidence presented at the hearing; the decision of the development
approving authority; the notice of Appeal and Hearing of the Appeal; the SDAB's
decision, including reasons, for each appeal.
12.8.4 Keep a list of names and addresses of persons who leave their names and addresses
with the Secretary; and
12.8.5 Keep a record of all business coming before the SDAB and after the adoption of the
minutes of each meeting of the SDAB, transmit a copy of the minutes to Council.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 23
FOUR: Development Permits
Section 13: Control of Development
13.1
No development other than that designated in Section 15 shall be undertaken within the
Municipality unless an application for it has been approved and a development permit has
been issued.
Section 14: Fees
14.1
The fees to be charged by the Village on all applications and other matters arising under this
Bylaw are set forth in Schedule B. Council may at anytime by resolution revise any fee shown
in Schedule B or specify a fee for any other matter arising under this Bylaw.
Section 15: When a Development Permit is Not Required
15.1
A Development Permit is not required for the following developments provided that the
proposed development complies with all applicable regulations of this Bylaw:
15.1.1 Altering, maintaining or repairing any building, provided that the work does not include
structural alterations or does not result in an increase in the number of dwelling units;
15.1.2 The completion of any development which has lawfully commenced before the
passage of the Land Use Bylaw or any amendment thereof, provided that the
development is completed in accordance with the terms of any permit granted in
respect of it, and provided that it has commenced within 12 months of the date of
approval;
15.1.3 The use of any such development as is referred to in subsection (b) for the purpose
for which the development was commenced;
15.1.4 The temporary erection, installation or use of machinery, structures or buildings such
as a construction trailer, that is incidental to the erection or alteration of a permanent
development for which a permit has been issued under this Bylaw. This does not
include a real estate sales office, show home or similar facility;
15.1.5 The temporary use of a parcel not exceeding six months per year for the sole purpose
of mobile commercial sales, providing a business license is obtained from the
municipality and the location of the business is to the satisfaction of the Development
Officer;
15.1.6 The maintenance and repair of public works, services or utilities carried out by or on
behalf of federal, provincial or municipal authorities;
15.1.7 Development specified in Section 618 of the Municipal Government Act;
15.1.8 Any development carried out by or on behalf of the municipality provided that such
development complies with all applicable provisions of this Land Use Bylaw;
Land Use Bylaw 171/20 Amended November 13, 2023
Page 24
15.1.9 The construction or installation of an accessory building that does not
exceed 9.5 m2 in area and 2.5 m in height, provided that the structure is portable and
not fixed on a permanent foundation or concrete pad.
15.1.10 Any development carried out by or on behalf of the Crown but not including that
carried out by or on behalf of a Crown Corporation;
15.1.11 The erection of an on-site sign offering for sale, lease or rent any land or building
pursuant to the regulations contained in this Bylaw;
15.1.12 The erection of one unilluminated sign for non-residential uses of the following nature
and size for use within a building or on a parcel, provided such signs do not resemble
traffic signs: a facia sign for the purpose of identification, direction and warning not
exceeding 0.2 m²; a facia sign relating to a person, partnership or company carrying
on a profession, business or trade not exceeding 0.3 m²; and a facia or freestanding
sign relating to a religious, educational, cultural, recreational or similar institution, or to
an apartment not exceeding 1.0 m²;
15.1.13 Erection of towers, flagpoles and other poles not exceeding 4.5 m in height from
grade in any Residential District;
15.1.14 Landscaping where the proposed grades will not adversely affect the subject or
adjacent properties, except where a Development Permit allows for such landscaping;
and
15.1.15 Stripping, site grading or excavation that is part of a development for which a
Development Permit has been issued.
Section 16: Non-Conforming Buildings and Uses
16.1
Developments which are considered to be a non-conforming building or use shall be dealt with
as provided for under the Municipal Government Act.
Section 17: Application for Development Permit
17.1
A Development Permit application shall be made to the Development Officer on the
prescribed form and shall be signed by the applicant or his agent.
17.2
Each application for a development permit shall be accompanied by a fee as established by
Section 14 of this Bylaw.
17.3
In addition to the completed application form, the following are required:
17.3.1 Duplicate site plans at a scale of 1:100, unless otherwise acceptable to the
Development Officer, showing:
(a) North arrow;
(b) Scale of plan;
(c) Legal description of property;
(d) Municipal address;
Land Use Bylaw 171/20 Amended November 13, 2023
Page 25
(e) Lot lines shown with dimensions;
(f) Proposed front, side and rear yards shown with dimensions;
(g) Location of existing and proposed municipal and private local improvements,
principal building and other structures including accessory building, garages,
carports, parking spaces, fences, driveways, paved areas, exterior lighting and
major landscaped areas including buffering and screening areas where provided;
(h) The grades of adjacent streets, lanes and sewers servicing the property;
(i) Development density, site coverage calculations, height by metres and number of
storeys according to the definitions of this Bylaw
(j) Dimension layout of existing and proposed parking areas, entrances and exits
abutting roads shown and labelled;
(k) Site topography, drainage patterns, grades and special conditions; and
(l) Location of all registered utility easements and rights-of-way.
17.3.2 A copy of the Certificate of Title indicating ownership.
17.4
In addition, the Development Officer may require any of the following:
17.4.1 Photographic prints or slides showing the site in its existing state;
17.4.2 A Plan of Survey prepared by an Alberta Land Surveyor showing the site to be
developed;
17.4.3 A geotechnical or floodplain study prepared by a qualified engineer recognized by
APEGGA if in the opinion of the Development Officer the site is potentially hazardous
or unstable;
17.4.4 A reclamation plan for aggregate extraction or other major surface disturbance;
17.4.5 A Phase 1 Environmental Site Assessment, conducted according to Canadian
Standards Association (CSA) guidelines, to determine potential contamination and
mitigation;
17.4.6 An Environmental Impact Review prepared by a qualified professional if the proposed
development may, in the opinion of the Development Officer, result in potentially
significant environmental effects;
17.4.7 Detailed studies regarding the potential impact and approach to dealing with traffic,
utilities and storm drainage prepared by a qualified engineer or engineering
technologist recognized by APEGGA;
17.4.8 Elevations of any signs proposed for the development;
17.4.9 A letter of security and/or performance bond of up to $5,000 to ensure completion of
the development; and
17.4.10 Such other information that is deemed necessary by the Development Officer and/or
Municipal Planning Commission.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 26
17.5
The Development Officer may deal with an application without all of the
required information if, in the opinion of the Development Officer, a decision can be properly
made on the application without that information.
Section 18: Decision
18.1
The Development Officer and/or Municipal Planning Commission may issue a development
permit with any condition deemed necessary to ensure that the development complies with
the Municipal Government Act, this bylaw and any or all statutory plans.
18.2
In making a decision on a Development Permit application for a Permitted Use, the
Development Officer:
18.2.1 Shall approve, with or without conditions, the application if the proposed development
conforms with this Bylaw; and
18.2.2 May require security from the applicant to secure performance of any of the
conditions of a development permit; and
18.2.3 May require as a condition of issuing the development permit, that the applicant enter
into an agreement with Council to construct or pay for the construction of public
roadways, pedestrian walkways, parking and loading facilities, and any off-site levy or
redevelopment levy imposed by Bylaw. To ensure compliance with the conditions in
the agreement, the Village may register a caveat against the said lands in favour of
the Village; or
18.2.4 Refer to the Municipal Planning Commission those applications for development
specified in the list of permitted uses, but which in the opinion of the Development
Officer, should be directed to the Municipal Planning Commission; or
18.2.5 Shall refuse the application if the proposed development does not conform to this
Bylaw.
18.3
In making a decision on a Development Permit application for a Discretionary Use, the
Municipal Planning Commission:
18.3.1 May approve the application if it meets the requirements of this Bylaw, with or without
conditions, based on the merits of the application including any approved statutory
plan or approved policy affecting the site; or,
18.3.2 May refuse the application even though it meets the requirements of this Bylaw; or,
18.3.3 Shall refuse the application if the proposed development does not conform to this
Bylaw.
18.4
In reviewing a development permit application for a Discretionary Use, the Municipal Planning
Commission shall consider:
18.4.1 The circumstances and merits of the application, including but not limited to:
(a) The impact on properties in the vicinity of such nuisance factors as smoke,
airborne emissions, odours and noise;
Land Use Bylaw 171/20 Amended November 13, 2023
Page 27
(b) The design, character and appearance of the proposed
development and in particular whether it is compatible with the surrounding
properties; and,
(c) The servicing requirements for the proposed development.
(d) The purpose and intent of any statutory plan adopted by the Village; and,
(e) The purpose and intent of any non-statutory plan or pertinent policy adopted by
the Village.
18.5
Notwithstanding any provisions or requirements of this Bylaw, the Municipal Planning
Commission may establish a more stringent standard for a Discretionary Use when the
Municipal Planning Commission deems it necessary to do so.
18.6
The Municipal Planning Commission shall refuse a development permit for a use or
development that is not listed as a Permitted or Discretionary Use.
18.7
Only one development permit application shall be allowed for any one use on a site at any
one time.
18.8
An application for a development permit shall be deemed to be refused when a decision is not
made by the Development Authority within forty (40) days after receipt of the application by
the Development Officer, unless an agreement to extend the forty (40) day period is
established between the applicant(s) and the Development Officer and/or Municipal Planning
Commission.
Section 19: Temporary Permits
19.1
A development permit may be issued on a temporary basis and the Development Officer
and/or Municipal Planning Commission may specify the length of time that the permit remains
in effect.
19.2
Where a temporary permit is issued, the Development Officer and/or Municipal Planning
Commission shall:
19.2.1 Require that the use be stopped or the temporary development removed once the
permit expires;
19.2.2 Impose a condition that the Village is not liable for any costs incurred in removing the
development;
19.2.3 The Development Officer and/or Municipal Planning Commission may require that the
applicant enter into an agreement with the Village guaranteeing the removal of the
temporary development when the intended use is changed or discontinued. The
agreement may require the applicant to post a security guaranteeing the removal of
the development;
19.2.4 Upon expiry of a temporary development permit, a new application is required. Such
application shall be considered as a first application and the Development Officer
and/or Municipal Planning Commission is not obliged to approve it on the basis that a
previous permit was issued.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 28
Section 20: Variance Authority
20.1
The Municipal Planning Commission may allow a variance of any standard prescribed in this
bylaw provided the variance complies with the requirements of the Alberta Building Code, and
the variance does not unduly affect the neighbourhood which includes variances for non-
conforming buildings.
20.2
In considering a variance the Municipal Planning Commission shall have regard to the
purpose and intent of the district and the nature of developments on adjacent properties.
20.3 If a variance is granted, the Municipal Planning Commission shall specify its nature in the
development permit approval.
20.4
A variance may only be granted by the Development Officer to the minimum separation
distance for Cannabis Sales to Sites in a residential land use district, if said property is
publicly owned land used for the purpose of a buffer strip, walkway, or public utility lot.
Section 21: Notice of a Proposed Development
21.1
The Development Officer may refer a development permit application to any external agency
for comment and advice.
21.2
On receipt of a complete application for a development permit for a development listed as a
Discretionary Use or a development permit that requires a variance, the Development Officer
may send a written notice to adjacent property owners indicating the location and nature of the
proposed development, and ask for comment.
21.3
After 30 days from the date of referral to any external agency, the Development Officer and/or
Municipal Planning Commission may deal with the application whether or not comments have
been provided.
Section 22: Notice and Validity of Decision
22.1
A decision of the Development Officer and/or Municipal Planning Commission on an
application for a development permit shall be given in writing and sent by regular mail to the
applicant.
22.2
Where a development permit application is refused, the reason(s) for the refusal shall be
stated in the decision letter.
22.3
When a development permit is approved, the Development Officer shall publicize a notice of
decision in any or all of the forms as described as follows:
22.3.1 Mail a notice of the decision to all persons whose use, enjoyment or value of the
property may, in the opinion of the Development Officer, be affected; and/or
22.3.2 Post a notice of the decision conspicuously on the property for which the application
has been made; and/or
22.3.3 Publish in a newspaper circulating in the municipality a notice of the decision.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 29
22.4
A permit does not come into effect until 14 days after the date the approval is
posted or published in the newspaper. If an appeal is lodged with the SDAB, no development
shall be commenced until the appeal is finally determined and the issuance of the
development permit is upheld.
22.5
When a development permit is approved after granting a variance, the Development Officer
shall send a notice by regular mail to adjacent landowners advising them of the variance and
the right of appeal.
22.6
A development permit issued is not valid until all the conditions of the permit, except those of
a continuing nature, have been met and no notice of appeal has been filed with the
Subdivision and Development Appeal Board within the appeal period.
22.7
If the development authorized by a permit is not commenced within twelve (12) months from
the date of its issue, or carried out with reasonable diligence, the permit is deemed to be void,
unless an extension to this period has previously been granted by the Development authority.
The maximum extension period shall be one year.
22.8
If an application for a development permit has been refused, by the Development Officer,
Municipal Planning Commission or by a decision of the Subdivision and Development Appeal
Board, another application for a permit may not be submitted on the same property, for the
same or similar use of the land, by the same or any other applicant, for six (6) months after
the date of the previous refusal or appeal decision.
Section 23: Cancellation
23.1
The Municipal Planning Commission and/or Development Officer may cancel a development
permit if: the permit was issued in error; or the permit was issued on the basis of incorrect
information.
Section 24: Appealing a Decision
24.1
The applicant for a development permit may appeal to the Board if the Development Officer
and/or Municipal Planning Commission:
24.1.1 Refuses or fails to make a decision on a development permit within 40 days of receipt
of a completed application; or
24.1.2 Issues a development permit subject to conditions.
24.2
In addition to the applicant, any person affected by a development permit or the decision on it,
may appeal to the Board.
24.3
Notwithstanding 24.1 and 24.2 there is no appeal in respect of the issuance of a development
permit for a Permitted Use unless the provisions of this Bylaw are relaxed, varied, or
misinterpreted.
24.4
An appeal by an applicant must be commenced within 14 days of the notification of the
decision or when the 40 day period or any time extension expires. An appeal by any other
affected person must be made within 14 days of the notice of the issuance of the permit was
given.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 30
24.5
A decision on a development application within a Direct Control District may be
appealed only if the Development Officer and/or Municipal Planning Commission did not
follow the directions of Council. If the Board finds that the Development Officer and/or
Municipal Planning Commission did not follow Council's directions, it may, in accordance with
Council's directions, substitute its decision for that of the Development Officer and/or
Municipal Planning Commission.
Section 25: The Appeal Process
25.1
The Subdivision and Development Appeal Board shall consider and make decisions on
appeals pursuant to the provisions of the Municipal Government Act.
25.2
If a notice of appeal of a decision on a development permit application is served on the
Secretary of the Subdivision and Development Appeal Board, the permit shall not be effective
until:
25.2.1 The decision to approve the permit is upheld by the Subdivision and Development
Appeal Board; or,
25.2.2 The Secretary of the Subdivision and Development Appeal Board receives written
notice from the appellant withdrawing the appeal.
25.3
If a decision to approve a development permit is reversed by the Board, the development
permit shall be null and void.
25.4
If a decision to refuse a development permit application is reversed by the Board, the Board
shall direct the Development Officer to issue a development permit in accordance with its
decision.
25.5
If a decision to approve a development permit application is varied by the Board, the Board
shall direct the Development Officer to issue a development permit in accordance with its
decision.
25.6
The decision of the Board is binding except on a question of jurisdiction or law, in which case
the appellant may appeal to the Court of Appeal as provided in the Act.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 31
FIVE: Amending the Bylaw
Section 26: Bylaw Amendments
26.1
Village Council may amend this Bylaw pursuant to the provisions of the Municipal Government
Act.
26.2
Any person may apply to amend this Bylaw pursuant to the provisions of the Municipal
Government Act and the requirements of the Land Use Bylaw.
Section 27: Contents of an Amendment Application
27.1
An application to amend this Bylaw shall be made to the Village on the prescribed form and
shall be signed by the applicant or his agent authorized in writing. The following information
and documents will accompany the application:
27.2
A written statement of the reason for the request to amend the Bylaw including a statement
describing the implications of the amendment;
27.2.1 The required application fee.
27.2.2 If the amendment involves the rezoning of land to a different land use district, the
following is also required:
(a) A copy of the current Certificate of Title for the lands affected, or any other
documentation satisfactory to the Development Authority verifying that the
applicant has a legal interest in the land;
(b) If the applicant is an agent of the landowner, a letter from the landowner verifying
the agent's authority to make the application;
(c) Permission for right of entry by the Development Officer or a designated officer of
the Village; and
(d) A properly dimensioned map indicating the affected site and its relationship to
existing land uses on adjacent properties;
27.2.3 Such additional information as the Development Officer may require to properly
evaluate and to make recommendations to Council concerning the proposed
amendment.
27.3
Council may require, prior to considering a proposed amendment to this Bylaw, that a
developer prepare an Area Structure Plan in accordance with the Municipal Government Act
or an Outline Plan in accordance with the Municipal Development Plan.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 32
Section 28: The Amendment Process
28.1
The amendment application may be referred by the Development Officer to: any external
agency for comment and advice; and Council for first reading and to establish a date for a
public hearing to be held prior to second reading.
28.2
In accordance with the Municipal Government Act, and after the date for a public hearing has
been set by Council, a notice of the application shall be published once a week for two
consecutive weeks in a newspaper circulating in the Village. This notice shall contain:
28.2.1 The legal description of the land;
28.2.2 The purpose of the proposed amendment;
28.2.3 The one or more places where a copy of the proposed amendment may be inspected
by the public during reasonable hours;
28.2.4 The date, place, and time that Council will hold a public hearing on the proposed
amendment;
28.2.5 An outline of the procedures to be followed by anyone wishing to be heard at the
public hearing; and
28.2.6 An outline of the procedures by which the public hearing will be conducted.
28.3
If the amendment involves the rezoning of land to a different land use district, a notice shall
also be communicated in writing to the owner(s) of the subject land, and to all adjacent
landowners.
28.4
Council, after considering: any representations made at the public hearing; and the Municipal
Development Plan, and any area structure plan or area redevelopment plan affecting the
application and the provisions of this Bylaw; may make such changes as it considers
necessary to the proposed amendment, if any, and proceed to pass the proposed
amendment, or defeat the proposed amendment.
28.5
Where an application for an amendment has been refused by Council, the Village shall refuse
to accept another application on the same land for the same or similar purpose until six (6)
months have passed from the date of such refusal.
28.6
If deemed necessary, the Village may initiate an amendment to this Bylaw without the
landowner's consent.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 33
SIX: Contravention and Enforcement
Section 29: Contravention
29.1
No person shall contravene this Bylaw by commencing or undertaking a development, use, or
sign that is not permitted under this Bylaw.
29.2
No person shall authorize or do any development that is at variance with the description,
specifications or plans that were the basis for issuing a development permit under this Bylaw.
29.3
No person shall contravene a condition of a permit issued under this Bylaw.
29.4
A Bylaw Enforcement Officer or the Development Officer may enforce the provisions of this
Bylaw, the Municipal Government Act and its regulations, the conditions of a development
permit or subdivision approval.
Section 30: Stop Order
30.1
If the Development Officer finds that a development, land use or use of a building is not in
accordance with the Act, this Bylaw, a development permit or subdivision approval, the
Development Officer may issue a written Stop Order to the owner, the person in possession of
the land or building, or other person responsible for the contravention, or all or any of them to:
30.1.1 Stop the development or use of the land or building in whole or part as directed by the
notice;
30.1.2 Demolish, remove or replace the development; or
30.1.3 Carry out any other actions required by the notice so that the development or use of
the land or building complies with the Municipal Government Act or this Bylaw, a
development permit or a subdivision approval within the time set out in the notice.
30.2
A person may appeal a Stop Order to the Subdivision and Development Appeal Board.
30.3
If a person fails or refuses to comply with a Stop Order, the Village may, in accordance with
Section 542 of the Municipal Government Act, enter upon the land or building and take such
action as is necessary to carry out the order.
30.4
The Village may register a caveat with respect to the Stop Order in the Land Titles Office.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 34
Section 31: Offences and Penalties
31.1
Any person who: contravenes or fails to comply with any provision of this bylaw or any permit
issued hereunder; or erects or places a sign in contravention of this bylaw; or obstructs or
hinders any person in the performance of his duties under this bylaw; or fails to comply with
any order of the Development Officer; is guilty of an offence and is liable on a first offence to a
penalty of $500.00. The penalty for a second offence shall be $1,500.00.
31.2
Where a Bylaw Enforcement Officer has reasonable grounds to believe that a person has
contravened any provision of this bylaw, he may serve upon such person an offence ticket
allowing the payment of the specified penalty to the Village in lieu of prosecution for the
offence.
31.3
Council may, by resolution, revise penalties for contravention of or non-compliance with the
provisions of this Bylaw.
31.4
If the Village takes action to carry out a Stop Order the Village shall cause the costs and
expenses incurred in doing so to be placed on the tax roll of the property concerned.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 35
SEVEN: General Regulations
Section 32: Applicability
32.1
This Part shall apply to all Land Use Districts under this Bylaw.
Section 33: Basement Suites
33.1
Basement suites shall be restricted to single detached and duplex dwellings.
33.2
A maximum of two (2) bedrooms may be permitted per basement suite.
33.3
A basement suite shall comply with the Safety Codes Act or its successor.
33.4
One on-site parking stall shall be provided for each bedroom to a maximum of two stalls.
33.5
A basement suite has an entrance separate from the entrance to the primary dwelling unit,
either from a common indoor landing or directly from the exterior of the structure, and may be
connected by an interior door directly connecting the primary dwelling unit to the basement
suite. Exterior access to the basement suite shall be subordinate in both size and appearance
to the access of the primary dwelling unit.
33.6
The maximum number of vehicles for basement suite occupants cannot exceed onsite parking
stalls provided for the suite.
Section 34: Bed and Breakfast Facility
34.1
All persons operating bed and breakfast facilities require a Business License and must
provide evidence of compliance with municipal, provincial and/or federal regulations in regard
to their operation.
34.2
A bed and breakfast is an accessory use to a principal residential use.
34.3
The Municipal Planning Commission may permit a bed and breakfast only if, in their opinion, it
complies with the following regulations:
34.3.1 The privacy and enjoyment of adjacent residences shall be preserved and the
amenities of the neighbourhood maintained at all times;
34.3.2 Interior or exterior alterations, additions or renovations to accommodate a bed and
breakfast may be allowed provided such alterations, additions or renovations maintain
the principal residential appearance or character of the dwelling and comply with this
Bylaw, the Safety Codes Act, and any other Village bylaws;
34.3.3 A bed and breakfast shall be operated only by the permanent resident(s) of the
principal dwelling and one (1) non-resident employee on site;
34.3.4 One on-site parking stall shall be provided for each bedroom provided for
compensation; and
34.3.5 A bed and breakfast shall meet the signage requirements.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 36
Section 35: Boarding Facility
35.1
A boarding facility may only be permitted in a single detached and duplex dwelling.
35.2
One on-site parking stall shall be provided for each bedroom provided for compensation.
35.3
A boarding facility shall be operated only by the permanent resident(s) of the principal
dwelling.
35.4
No rooms for rent are permitted to have separate kitchen facilities from the principal dwelling.
Section 36: Building Design, Character and Appearance
36.1
The design, character, location, external finish, architectural appearance and landscaping of
all buildings, including accessory buildings or structures shall be to the satisfaction of the
Development Officer/Municipal Planning Commission. Where applicable, buildings shall
comply with any architectural/design guidelines in an Area Structure Plan.
36.2
The exterior finish of a building in all residential districts shall be completed by October 31st of
the year following the year in which the development permit is issued unless otherwise
stipulated in the development permit.
36.3
The undercarriage of a mobile home shall be screened from view by skirting or such other
means satisfactory to the Development Officer/Municipal Planning Commission.
36.4
All accessory structures to a mobile home such as patios, porches, additions, skirting and
storage facilities shall be fabricated so that the appearance complements the mobile home to
the satisfaction of the Development Officer/Municipal Planning Commission
36.5
The exterior finish of commercial structures shall be of wood, prefabricated materials, stone,
brick, architecturally finished block or concrete, stucco or other durable aesthetically pleasing
material that is appropriate to the development style and to the satisfaction of the
Development Authority.
36.6
Roof lines and building facades within commercial districts shall be articulated and varied to
reduce perceived mass and linear appearance of large buildings.
Section 37: Corner / Double Fronting Lot Restrictions
37.1
No person on a corner lot in any District shall erect, place or maintain, within a triangle formed
by the boundaries of the site common with the streets abutting them and a straight line
connecting points on each of the said boundaries a distance of six metres from the point
where they intersect, a wall, shrub, trees, hedge or any object over one metre in height above
the lowest street grade adjacent to the intersection.
37.2
In all districts, a site abutting two streets or more shall have a front yard on each street and
two side yards in accordance with the setback requirements of the Bylaw.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 37
37.3
In all cases, the location of buildings on corner sites shall be subject to the
approval of the Municipal Planning Commission who may at their discretion, relax the front
yard setback requirements taking into account the location of existing adjacent buildings or the
permitted setback on adjacent sites where a building does not exist, and having regard for the
variances allowed.
Figure 37.1: Restrictions on Corner/Double Fronting Lots
Section 38: Dwelling Units on a Parcel
38.1
The number of dwelling units permitted on a parcel shall be one, except where additional
dwellings are:
38.1.1 Contained in a building designed for, or divided into, two or more dwelling units and is
located in a land use district which permits multiple units;
38.1.2 A mobile home forming part of a mobile home park for which a development permit
has been issued; or
38.1.3 A building as defined in the Condominium Property Act that is the subject of an
approved condominium plan registered with Alberta Registries.
Section 39: Easements
39.1
A development permit shall not be issued for a development, other than a fence, that
encroaches in or over a utility easement or right-of-way without the written consent of the
person whom the easement is registered to or the person whose utility line is located in the
easement.
Section 40: Environmental Conservation
40.1
Within developing areas, existing trees and shrubs should be conserved to the maximum
Land Use Bylaw 171/20 Amended November 13, 2023
Page 38
extent possible.
40.2
The following areas shall be retained in their natural state;
40.2.1 Swamps, gullies and natural drainage courses;
40.2.2 Unstable land;
40.2.3 Land subject to flooding by a 1:100 year flood;
40.2.4 Land with a natural gradient of 15% or greater; and
40.2.5 Any lands designated as Environmental Reserve.
Section 41: Fencing and Screening
41.1
Fences shall complement the character and quality of the principal building.
41.2
Fences are not permitted in the front yard of any lot. The maximum height of a fence as
measured from grade shall be: 1.8 meters
41.2.1 No fence permitted for that portion of the fence which does not extend beyond the
most forward portion of the principal building on the lot;
41.2.2 In the case of corner lots pursuant to Section 37, a variance will be given to corner
lots with a fence on one of the front yards with a height maximum of 1.5m. Fencing to
be permitted on one of the frontages shall be at the discretion of the Development
Officer/Municipal Planning Commission.
41.3
Commercial/industrial buildings adjacent to residential areas must be screened by a fence of
not less than 2.0 m in height on those sides of the commercial lot abutting the residential area.
41.4
In the case of drive-in businesses, car washing establishments, service stations and gas bars,
landscaping shall be provided and maintained to the satisfaction of the Development Officer.
Solid fences shall be provided at least 2.0 m in height adjacent to residential areas.
41.5
Notwithstanding 41.2, a higher fence or a fence with barbed or other security features may be
approved for public safety, security, privacy or buffering purposes.
41.6
No barbed wire fences shall be permitted in residential areas.
41.7
The electrification of any fences within Warburg shall not be permitted.
41.8
Unless required as part of the sale, promotion or display of the vehicle, equipment or product,
all outdoor storage of vehicles, equipment, or products shall be screened from public view to
the satisfaction of the Development Officer/Municipal Planning Commission.
41.9
Screening in the form of fences, hedges, landscaped berms or other means is required along
the property lines of all commercial and industrial lots where such lines are coterminous with a
residential property line or are adjacent to lanes that abut a neighbouring residential property.
Such screening shall be at least 2.0 m high. Length and width of the screening shall be at the
discretion of the Development Officer/Municipal Planning Commission.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 39
41.10 For bulk outdoor storage, including but not limited to auto wrecking, lumber
yards, pipe storage and similar uses, where because of height of materials stored, a screen
planting would not be sufficient, a fence, earth berm or combination thereof to the satisfaction
of the Development Officer/Municipal Planning Commission, shall be required.
Section 42: Home Occupations
42.1
Any persons wishing to operate a home occupation from their residence shall be required to
apply for a development permit and must meet all the criteria in Sections 42.2 and 42.3.
42.2
All home businesses shall comply with the following general regulations:
42.2.1 All home businesses shall be operated as a secondary use only and shall not change
the principal character and external appearance of the dwelling in which it is located.
42.2.2 One professionally non-illuminated fascia sign or nameplate to identify a home
occupation not greater than 0.275 square metres in an area placed within the dwelling
unit or any accessory building is permitted.
42.2.3 The applicant may be required to obtain a business license prior to the issuance of a
development permit.
42.2.4 A home occupation, whether or not a development permit has been issued, shall be
reviewed by the Village, when complaints are registered against a home occupation
by an affected landowner. A permit issued for a home occupation is liable to recall on
the basis of non-compliance on 60 days notice.
42.3
Home businesses shall meet all the requirements of 42.2 above and shall comply with the
following regulations:
42.3.1 The home business shall be operated by the permanent resident(s) of the principal
dwelling and shall employ no more than two (2) non-resident employees.
42.3.2 There shall be no more than four (4) home business clients or customers on site
during any period of 24 hours for a minor home business.
42.3.3 The home business shall not occupy more than 30% of the gross floor area of the
principal dwelling.
42.3.4 Any storage of materials or goods related to the minor home business must be
located within the principal dwelling and/or accessory structure and no exterior
storage is permitted.
42.3.5 The home business shall have no more than two (2) home business vehicles used in
conjunction with the home business, parked and maintained on site. There shall be no
heavy vehicles used in conjunction with a minor home business.
Section 43: Lighting
43.1
Appropriate lighting of multi-attached residential, commercial, industrial and institutional
development shall be required to provide security and add visual interest.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 40
43.2
Lighting standards and fixtures shall be of consistent design and complement
the architectural theme of the buildings located on the site.
43.3
Outdoor lighting shall be located so that rays of light:
43.3.1 Are not directed at an adjacent site or skyward;
43.3.2 Do not adversely affect an adjacent site;
43.3.3 Do not adversely affect traffic safety.
Section 44: Lot Grading and Drainage
44.1
The Development Officer/Municipal Planning Commission may require, as a condition of a
development permit, that a developer submit a lot grading plan to the Village for approval.
44.2
No on-site drainage, including from a roof or high water, shall flow to the sanitary sewer
system, either directly or through pumping (including downspouts).
44.3
No on-site drainage, including drainage from a roof or high water, shall be permitted to flow to
either an adjoining private property or onto Village sidewalks or onto a lane or street, except in
accordance with an approved grading plan. Suitable methods of on-site retention shall be in
accordance with the Village's Engineering Design Guidelines and subject to the approval of
the Development Officer.
44.4
All landscaping, topographic reconstruction, retaining walls, or site grading shall be confined
to the property and shall not encroach onto any adjoining property including road and lane
rights-of-way, utility easements or rights-of-way, environmental or municipal reserves, or any
other public or private lands excepting only where such encroachments, are expressly
approved by the Development Officer.
44.5
If a person alters the approved lot drainage on a site so that water drains onto adjacent
parcels, that person shall be responsible for corrective drainage structures, including retaining
walls, to divert water from neighbouring properties.
44.6
Any retaining wall over 1.0 m in height must be designed and inspected after construction by a
professional engineer. The land owner shall provide to the municipality the design and
inspection report, both bearing the seal and signature of a professional engineer.
44.7
A temporary fence shall be erected around all excavations which in the opinion of the
Development Officer/Municipal Planning Commission may be hazardous to the public.
Section 45: Objects Prohibited or Restricted in Yards
45.1
No person shall keep or permit in any yard in any district any object or chattel which, in the
opinion of the Development Authority is unsafe, unsightly or adversely affects the amenities of
the district. This includes dismantled or wrecked motor vehicles, building materials, and any
excavation, stockpiling or storage of materials, explosives, flammable liquids, toxic chemicals,
and diesel fuel and gasoline products.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 41
45.2
The outdoor storage of materials, products, equipment or machinery shall not
be permitted in the required front yard of commercial districts unless required as part of the
sale, promotion or display of merchandise as determined by the Development
Officer/Municipal Planning Commission.
45.3
No occupant of a principal dwelling in a residential district shall permit a recreational vehicle to
be used for living or sleeping accommodation for longer than a continuous 14 day period.
45.4
A motor vehicle, recreational vehicle or watercraft shall not be parked in a front yard except on
a driveway.
Section 46: Permitted Encroachments
46.1
The following encroachments into required front, side and rear yard setbacks in land use
districts may be permitted for canopies, balconies, eaves, box-outs, chimneys, gutters, sills,
steps/stairs, and, in addition, cantilevers may be permitted to encroach into the front and rear
yards only:
46.2
Front Yard:
46.2.1 2.0 m for balconies; and
46.2.2 1.0 m for cantilevers, eaves, gutters, landings, and window sills.
46.3
Rear Yard:
46.3.1 2.0 m for balconies; and
46.3.2 1.0 m for box-outs, cantilevers, eaves, gutters, landings, and window sills.
46.4
Side Yard (Interior):
46.4.1 1.0 m for balconies; and
46.4.2 0.6 m for box-outs, eaves, gutters, landings and window sills.
46.5
Side Yard (Exterior):
46.5.1 1.0 m for balconies; and
46.5.2 0.6 m for box-outs, cantilevers, eaves, gutters, landings and window sills.
46.6
For multi-attached dwellings, balconies and decks may be extended to the lot line or common
wall, provided that the common wall is extended for separation/privacy.
46.7
No encroachment will be permitted if, in the opinion of the Development Officer/Municipal
Planning Commission, it may interfere with a loading space, parking area, driveway, or other
vehicle or pedestrian circulation or access.
46.8
No encroachments will be permitted into the side yard required for vehicular access to the rear
yard, unless a minimum vertical height of 3.0 m from finished grade to the lowest point of the
Land Use Bylaw 171/20 Amended November 13, 2023
Page 42
projection encroachment is maintained.
46.7
The encroachment length limitations are as follows:
46.7.1 The individual encroachment maximum length shall not exceed 3.0 m; and
46.7.2 The sum of all encroachments maximum length shall not exceed one-third (1/3) of the
length of the building wall (not including the garage walls). This does not apply to front
or rear yards.
Figure 46-1: Permitted Encroachments - Front and Interior Side Yard Setbacks
Land Use Bylaw 171/20 Amended November 13, 2023
Page 43
Figure 46-2: Permitted Encroachments - Rear and Exterior Side Yard Setbacks
Section 47: Relocation of Buildings other than Mobile Homes
47.1
A person wishing to move an existing building onto a lot shall make application for a
Development Permit in the usual way but also provide the following information:
47.1.1 Age, size and structural condition of the building;
47.1.2 Photographs showing all sides of the building; and
47.1.3 A statement of the proposed improvements.
47.2
The Development Officer shall inspect the building which is proposed to be moved in, or
he/she may request another qualified person to do so and report back, in either case the
expenses of such inspection shall be paid by the applicant before any Development Permit is
issued.
47.3
The Development Officer may issue a Development Permit for the proposed building without
conditions, or subject to such conditions as he/she deems it necessary to ensure that the
building is renovated to a satisfactory standard.
47.4
The Development Officer may require a letter of security and/or performance bond of up to
$5,000 to guarantee satisfactory completion of work stipulated in the Development Permit.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 44
Section 48: Satellite Dish and Amateur Radio Antennas
48.1
All satellite dish and amateur radio antennas shall be located on the same site as the intended
signal user.
48.2
Satellite dishes that conform to all other provisions of the Land Use Bylaw do not require a
development permit.
48.3
No satellite dish antenna which is accessory to the principal use of a site shall be located in,
or encroach onto, a front or side yard in any residential district.
48.4
A satellite dish antenna larger than 1.0 m in diameter shall not be located on a roof top except
for apartment buildings and buildings in non-residential districts.
48.5
Where any portion of a satellite dish antenna is more than 3.0 m above grade, it shall be
screened and located to the satisfaction of the Development Officer/Municipal Planning
Commission.
48.6
Location restrictions for satellite dish antennas may be waived where the applicant can
demonstrate, to the satisfaction of the Development Authority that compliance would interfere
with signal reception.
48.7
An applicant for a development permit for an amateur radio antenna shall notify and provide
comments of all landowners located within 75 m from the boundary of the property.
48.8
The maximum height of an amateur radio antenna in residential districts shall be 19.0 m.
48.10 Antennas shall not be illuminated unless required by Transport Canada regulations, and
except for a manufacturer's logo shall not exhibit or display any advertising.
Section 49: Temporary Structures
49.1
A temporary structure may not be erected without permission of the Municipal Planning
Commission which may be granted as follows:
49.1.1 Any district other than a residential district subject to the owner agreeing to remove
such a building in accordance with the terms and conditions stipulated by the
Development Officer;
49.1.2 A residential district provided that:
(a) No such temporary building shall have a floor area of more than 16.5 square
metres, be more than 3.0 metres in height or set back less than 1.2 metres from
the side and rear property lines; and
(b) The owner enters into an agreement to remove such a building in accordance
with the terms and conditions stipulated by the Municipal Planning Commission;
(c) There shall be no more than one temporary structure per site;
(d) A temporary building being used as a garage must be placed in the rear yard
Land Use Bylaw 171/20 Amended November 13, 2023
Page 45
only;
(e) In the case of a pre-manufactured temporary building, the elevations shall be
subject to approval of the Municipal Planning Commission; and
(f) The building is completed in accordance with the terms stipulated by the
Municipal Planning Commission, provided that the temporary building permit shall
expire at the end of 24 months, unless renewed by the Municipal Planning
Commission for a further term, and that such building will comply with this Bylaw.
49.2
If an owner fails to comply with the terms and conditions of a temporary building development
permit, the Development Officer/Municipal Planning Commission may remove or cause to be
removed such building as the case may be, the costs of which shall be charged against the
lands upon which the temporary building is situated and shall be payable by the owner to the
Village on demand.
49.3
A temporary structure shall not be used as a dwelling.
49.4
Metal freight/cargo storage containers shall only be permitted in the Light Industrial Business
District.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 46
EIGHT: Transportation Facilities
Section 50: Parking
50.1
General Regulations:
50.1.1 All off-street parking facilities shall be separated from streets by a landscaped area of
at least 1.0 m in width.
50.1.2 All off-street parking facilities shall be so constructed that:
(a) Necessary curb cuts are located and flared to the satisfaction of the Development
Officer/Municipal Planning Commission;
(b) Every off-street parking space provided, and the access thereto shall be hard
surfaced if the access is from a street or lane that is hard surfaced;
(c) Parking facilities used at night shall have adequate lighting for the entire parking
facility. Such lighting shall be directed away from adjacent or other properties;
(d) Grades and drainage shall dispose of surface water. In no case shall grades be
established that would permit surface drainage to cross any sidewalk or site
boundary without the approval of the Development Officer/Municipal Planning
Commission; and
(e) Parking for the physically handicapped shall be provided as provincial regulations
require and shall be considered as part of total number of stalls required for the
project. A maximum of 5% of the total number of stalls required may be required
to be provided for the handicapped by the M.P.C., provided that a maximum of
three stalls may be required for any project, unless exceptional circumstances
due to the magnitude of the development would warrant more than three stalls.
50.3
Parking Requirements:
50.3.1 All parking spaces, loading spaces, manoeuvring aisles and driveways shall be
surfaced and maintained to the satisfaction of the Development Officer/Municipal
Planning Commission.
50.3.2 All parking spaces, loading spaces, manoeuvring aisles and driveways shall be
demarcated to the satisfaction of the Development Officer/Municipal Planning
Commission.
50.3.3 A parking lot shall be designed, located and constructed so that it:
(a) Is accessible to and appropriate for types of motor vehicles using it and the
frequency of use;
(b) Is appropriately surfaced and drained as required by the Development
Land Use Bylaw 171/20 Amended November 13, 2023
Page 47
Officer/Municipal Planning Commission; and
(c) Does not interfere with pedestrian or traffic safety.
50.3.4 Size of Parking Stalls and Drive Aisles:
(a) Parking angles may have a value of 90 degrees or range from 90 degrees to 45
degrees;
(b) Unless otherwise allowed by the Development Officer/Municipal Planning
Commission, the minimum dimensions for the design of parking facilities shall be
as set out in Figure 50-1 and Table 50-1;
(c) Parking dimensions for parking angles between 90 degrees and 45 degrees shall
be calculated using a straight-line interpolation between dimensions;
(d) For parallel parking, the length of the parking spaces shall be 7.0 m, except that
an end space with an open end shall be a minimum of 5.5 m;
(e) Manoeuvring aisles and driveways serving as fire lanes shall be at least 6.1 m
wide;
(vi) Parking stalls shall be clear of all obstructions, other than wheel stops; and
(vii) The maximum grade of a parking stall shall not exceed 4% in any direction.
Figure 50-1: Illustration of Parking Standard Dimensions
Illustration relates to column headings in Table 50-1
Land Use Bylaw 171/20 Amended November 13, 2023
Page 48
Table 50-1: Parking Stall Design Standards
Stall Width
(a)
Parking Angle
(in Degrees) (b)
Aisle Width
(c)
Stall Depth Perpendicular
to Aisle (d)
Parking Unit
Depth (e)
7.0 m
0
3.5 m
3.0 m
13.0 m
3.0 m
45
4.0 m
6.0 m
16.0 m
3.0 m
60
5.5 m
6.5 m
18.5 m
3.0 m
90
7.0 m
6.0 m
19.0 m
50.3.5 The portion or portions of a parking lot used for parking must:
(a) Be marked off or physically divided to delineate clearly each parking stall, loading
space or drive aisle; and
(b) Have suitable barriers to prevent motor vehicles from encroaching onto
landscaped areas and to protect fences, walls or buildings.
50.3.6 Wheel stops shall not exceed 0.1 m in height above the parking stall surface and shall
be placed perpendicular to the parking stall depth, 0.6 m from the front of the parking
stall.
50.4
Number of Stalls Required
50.4.1 Where the calculation of the required number of parking stalls or loading spaces
results in a fraction number of parking spaces, the next higher number shall be taken.
50.4.2 Where a development falls within two or more of the categories listed in this Section,
it shall comply with all parking regulations applicable to all of the categories. The
highest requirement shall be used.
50.4.3 Parking stall requirements for uses other than those set out in this Section shall be
determined by the Development Officer/Municipal Planning Commission, having
regard to similar uses for which specific parking stall requirements are set.
50.4.4 Unless otherwise allowed by the Development Officer/Municipal Planning
Commission, the required number of vehicle parking stalls for a use shall be as set
forth in the following table (note GFA = Gross Floor Area).
Land Use Bylaw 171/20 Amended November 13, 2023
Page 49
Table 50-2: Parking Requirements
Land Use
Minimum Parking Standard
Abattoir
1 stall/100 m2 GFA
Agricultural Processing
1 stall/100 m2 GFA
Agricultural Support Services
1 stall/100 m2 GFA
Apartment - Bachelor/1 Bedroom
1 stall/dwelling unit plus 0.15 stalls/ dwelling unit
designated as visitor parking
Apartment - 2 Bedroom
1.5 stalls/dwelling unit plus 0.15 stalls/ dwelling unit
designated as visitor parking
Apartment - 3 or more Bedroom
2 stalls/dwelling unit plus 0.15 stalls/ dwelling unit
designated as visitor parking
Auction Mart
1 stall/25 m2 GFA
Autobody and Repair Shop
6 stalls/bay
Automobile and RV Sales and Rental
1 stall/100 m2 GFA
Automobile Repair Garage
6 stalls/bay
Automobile Service Station
6 stalls/bay; plus 1 stall/25 m2 retail space
Automobile Supply Store
1 stall/25 m2 GFA
Bank / Financial Institution
2 stalls/100 m2 GFA and a minimum of 5 stalls for
staff
Basement Suite
1 stall/bedroom
Bed and Breakfast Facility
1 stall/rented room in addition to spaces required
for dwelling unit
Boarding Facility
1 stall/rented room in addition to spaces required
for dwelling unit
Bottled Gas Sales and Storage
1 stall/100 m2 GFA
Breweries, Wineries and Distilleries
1 stall/100 m2 GFA
Bulk Fuel Station
1 stall/100 m2 GFA
Caterer
1 stall/100 m2 GFA
Clinic
1 stall/25 m2 GFA
Community Hall
Discretion of Development Authority
Contracting Services - Major
1 stall/50 m2 GFA for office space and 1 stall/100
m2 GFA for other buildings
Contracting Services - Minor
1 stall/50 m2 GFA for office space and 1 stall/100
m2 GFA for other buildings
Convenience Food Store
1 stall/25 m2 GFA
Day Care Facility
1 stall/staff on duty plus 0.2 stalls/child (design
capacity)
Dry Cleaning and Laundry Depot / Plant
1 stall/100 m2 GFA
Dwelling - Duplex
2 stalls/dwelling unit
Dwelling - Fourplex
2 stalls/dwelling unit
Dwelling - Rowhouse
2 stalls/dwelling unit
Dwelling - Single Detached
2 stalls
Dwelling - Triplex
2 stalls/dwelling unit
Land Use Bylaw 171/20 Amended November 13, 2023
Page 50
Land Use
Minimum Parking Standard
Farm Supply Store
1 stall/100 m2 GFA
Feed Mills and Grain Elevators
1 stall/100 m2 GFA
Florist Shop
1 stall/25 m2 GFA
Food and Beverage Service Facility
1 stall/4 seats
Funeral Home
1 stall/5 seats
Gaming or Gambling Establishment
1 stall/3 seats
Gas Bar
3 stalls
0.5 stalls/dwelling unit
Handicraft Business
1 stall/100 m2 GFA
Hotel
1 stall/guest room plus 1 stall/staff on duty
Industry / Manufacturing - Small Scale
1 stall/100 m2 GFA
Laboratory
1 stall/50 m2 GFA
Laundromat
1 stall/25 m2 GFA
Light Equipment Repair / Rental
1 stall/100 m2 GFA
Livestock Auction Mart
1 stall/25 m2 GFA
Mobile Home
2 stalls
Motel
1 stall/guest room plus 1 stall/staff on duty
Museum
2 stalls/100 m2 GFA
Nursing Home
1 stall/4 beds
Office Building
1 stall/50 m2 GFA
Oilfield Support Services
1 stall/100 m2 GFA
Personal Service Shop
1 stall/25 m2 GFA
Pharmacy
1 stall/25 m2 GFA
Public Assembly
1 stall/25 m2 GFA
Recreation Facility
Discretion of Development Authority
Recreational Amusement Park
Discretion of Development Authority
Restaurant
1 stall/4 seats
Restaurant - Drive Thru
1 stall/4 seats
Restaurant - Takeout/Delivery
3 stalls
Retail Store
1 stall/25 m2 GFA
School - Elementary and Middle School
5 stalls plus 1 stall per classroom
School - High School
1 stall/3 students (design capacity)
Seed Cleaning Plant
1 stall/100 m2 GFA
Senior Citizen Self Contained Units
2 stalls/dwelling unit plus 1 stall/staff on duty
Supermarket
1 stall/25 m2 GFA
Taxi and Bus Depot
1 stall/25 m2 GFA
Trade / Commercial School
1 stall/3 students (design capacity)
Transport / Truck Operation
1 stall/100 m2 GFA
Truck and Mobile Home Sales and Rental
1 stall/100 m2 GFA
Vehicle Wash
3 stalls
Veterinary Clinic
1 stall/50 m2 GFA
Warehouse Store
1 stall/25 m2 GFA
Land Use Bylaw 171/20 Amended November 13, 2023
Page 51
Section 51: On-Site Loading Requirements
51.1
All multiple-family developments, commercial businesses and industrial businesses shall
provide a minimum of one loading space. A loading space shall be designed and located so
that all vehicles using that space can be parked and manoeuvred entirely within the bounds of
the site without backing to or from adjacent streets.
51.2
A loading space shall be a minimum width of 3.5 m and a minimum depth of 8.0 m and
maintain a minimum overhead clearance of 4.6 m.
51.3
For apartment or multiple-family developments with more than twenty (20) units, adequate
loading space shall be provided to the satisfaction of the Development Officer/Municipal
Planning Commission.
Section 52: Vehicles
52.1
Access to Sites:
52.1.1 All access locations and curb crossings require the approval of the Village.
52.1.2 All sites shall be designed so that backing manoeuvres necessary to access a parking
stall, a loading door, a drive-through or any other area where vehicles operate, take
place wholly on the site. Exceptions are single detached dwellings and individual
parking stalls accessing a lane.
52.2
Sight Lines at Intersections of Roadways
52.2.1 At the intersection of lanes, a 3 metre sight triangle shall be maintained:
Figure 52-1: Sight Triangle at Intersection of Lanes
Land Use Bylaw 171/20 Amended November 13, 2023
Page 52
52.2
At the intersection of other roadways, the Development
Officer/Municipal Planning Commission may require the calculation of sight triangles
where:
(a) One or more rights of way is less than 15 metres in width; or
(b) Regulated vehicle speed exceeds 50 kilometres per hour; or
(c) One of the carriageways is not centred in its right-of-way; or
(d) An intersection leg is curved or skewed; or
(e) An intersection leg is sloped at 2 percent or greater.
52.3
Sight triangle calculations shall be in accordance with the recommended methods of
the Roads and Transportation Association of Canada regarding crossing sight
distances for roadways.
52.3
Driveways:
52.3.1 At street intersections, driveways shall be setback from the parcel boundaries which
form the intersection not less than:
(a) 6 metres where the driveway serves not more than 4 dwelling units; or
(b) 15 metres for other uses, except where existing/planned traffic volumes indicate
that a greater distance is needed to improve/maintain traffic safety and efficiency.
52.3.2 Driveway widths for residential parking stalls shall not exceed 40% of the total lot
frontage at the property line, but in no case shall be less than 3.0 metres wide.
52.3.3 Commercial and industrial driveways intended for two-way vehicle movement shall be
at least 9.0 metres wide. The maximum width of a commercial or industrial driveway
shall be 10.0 metres.
52.3.4 The minimum distance between driveways shall be:
(a) Nil, where the driveways serve single dwelling units,
(b) 6 metres for other uses, except where existing/planned traffic volumes indicate
that a greater distance is needed to improve/maintain traffic safety and efficiency.
52.3.5 The minimum angle for a driveway to a commercial, industrial, or high density
residential use shall be 70 degrees.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 53
NINE: Signs
Section 53: General Provisions
53.1
Signs shall only be erected on sites to which their display relates except in the base of
advance directional signs which may be approved by the Development Officer/Municipal
Planning Commission in locations where it considers the free and safe flow of traffic may be
enhanced.
53.2
A sign shall not conflict with the general character of the surrounding landscape or the
architecture of nearby buildings or be liable to create a cluttered appearance.
53.3
A sign shall not project closer than 0.75 m to the exterior wall of the building.
53.4
Where a sign projects over public property, a minimum distance of 2.5 m above grade level
shall be maintained.
53.5
Notwithstanding 53.4, where a sign projects into or over a driveway or other area of vehicle
movement, a minimum clearance of 4.6 m above grade level shall be maintained.
53.6
A sign shall not obstruct the view of or be liable to be confused with an official traffic sign,
signal or device or otherwise pose a potential hazard to traffic.
53.7
A sign shall not display lights which may be mistaken for the flashing lights customarily
associated with danger or those used by police, fire, ambulance or other emergency vehicles.
Section 54: A-Board Signs
54.1
A-Board Signs shall:
54.1.1 Be of a painted finish, be neat and clean, and be maintained in such condition; and
54.1.2 Be of a size not exceeding 0.6 m wide by 0.9 m high, and not less than 0.3 m wide by
0.6 m high.
Figure 54-1: A-Board Sign
Land Use Bylaw 171/20 Amended November 13, 2023
Page 54
Section 55: Awning and Canopy Signs
55.1
Awning and canopy signs shall not project from the building to a point greater than where a
perpendicular line from the front edge of the awning will intersect the sidewalk 0.6 m from the
face of the curb.
55.2
Canopy signs may be attached to the sides and front of the canopy, and such signs may
extend the entire length and width of the canopy.
55.3
Under canopy signs may be hung from the canopy provided such signs shall not:
55.3.1 Extend beyond the sides or the front of such canopy; and
55.3.2 Exceed a vertical dimension of 1.5 m.
55.4
No person shall erect an awning sign, a canopy sign or an under canopy sign unless such
sign:
55.4.1 Is securely hung and anchored to the building to which it is attached;
55.4.2 The structure to which it is attached is capable of resisting all stresses resulting from
dead weight, snow and wind loads;
55.4.3 Is at a clearance of not less than 2.8 m from the average ground level at the face of
the building;
55.4.4 Does not project more than 3.0 m from the face of the building or structure to which it
is attached.
Figure 55-1: Awning and Canopy Signs
Land Use Bylaw 171/20 Amended November 13, 2023
Page 55
Section 56: Billboards
56.1
A development permit for a billboard shall not be issued unless the billboard is to be located
on a lot abutting Highway 39 right-of-way subject to the approval of Alberta Infrastructure and
Transportation.
56.2
A billboard sign shall not:
56.2.1 Be more than 3.0 m high, and not more than 6.0 m long;
56.2.2 Have a maximum height above grade of more than 6.0 m;
56.2.3 Have a maximum area exceeding 18 m2; and
56.2.4 Not be located closer than 3.0 m to any property line.
56.3
The land and the sites in and about where the billboards are permitted shall be at all times
maintained in a neat and clean manner, free from all loose papers and rubbish. A second
face may be required on the billboard where the back of the billboard is visible to pedestrian or
vehicle traffic.
Section 57: Election Signs
57.1
Election signs may be placed on private or public property (with the approval of the
owner/public authority).
57.2
Election signs are permitted on municipal property only as designated by the Development
Authority.
57.3
No encroachment of an election sign from private property onto municipal property will be
permitted unless it is at a designated location.
57.4
Election signs must be located at least 3.0 m from the edge of the travelling surface of a
roadway.
57.5
Election signs on public property may not exceed 3.0 m2 in size nor 3.6 m in height.
57.6
Candidates shall remove their election signs from public and private property within 48 hours
after the close of the voting stations on election day and ensure that the site is cleaned up and
that the holes are filled with a mixture of topsoil and grass seed;
57.7
If a candidate fails to remove his or her election signs within 48 hours after the voting stations
close on election day, the Bylaw Enforcement Officers may remove them and the candidate
shall be liable for the cost of removal.
57.8
When an election sign interferes with work being carried out by Village work crews or
contractors doing work on behalf of the Village, the crews may remove and dispose of such
signs.
57.9
Bylaw Enforcement Officers employed by the Village may remove any election signs, which
have been erected, affixed, posted or placed on any Village property in contravention of this
bylaw.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 56
57.10 A candidate whose name appears on an election sign, which is in contravention
of this bylaw, shall be guilty of an offence under this bylaw.
Section 58: Fascia Signs
58.1
Fascia signs shall not be located above any portion of a street, or project over public property
unless there is a minimum clearance from grade of 2.5 m and a maximum projection of 0.4 m.
58.1.2 A fascia sign shall not exceed 20% of the visible area of the façade of each wall of the
building on which it is located; and
58.1.2 A fascia sign may be illuminated.
Section 59: Freestanding Signs
59.1
A freestanding sign may be allowed in a setback area as established in the Land Use Bylaw
and is subject to the condition that it be removed or relocated at the owner's expense upon 30
days written notice from the Village.
59.2
Freestanding signs in non-residential districts are subject to the following regulations:
59.2.1 One (1) freestanding sign shall be allowed per lot frontage for the purpose of
identifying the use or building on that lot;
59.2.2 The sign shall be designed in a manner which is architecturally compatible with the
general character of the building and/or the surrounding streetscape, as approved by
the Development Officer/Municipal Planning Commission;
59.2.3 The maximum area of the freestanding sign shall not exceed 18 m2;
59.2.4 The maximum height of the freestanding sign shall not exceed 9.0 m;
59.2.5 Free standing signs shall not identify any accessory tenants within the principle
building;
59.2.6 The sign may be illuminated, but shall not have flashing or intermittent lights or device
or mechanism that creates the impression of flashing or intermittent lights. Reader
board signs are permitted.
59.2.7 At the discretion of the Development Officer/Municipal Planning Commission,
landscaping may be required at the base of the sign; and
59.2.8 The bottom of freestanding signs shall be a minimum of 3.6 m above
grade, unless a lesser distance is approved by the Development Officer/Municipal
Planning Commission, and the space between the bottom of the sign and the grade
shall be unobstructed, except for such supports as the sign may require.
59.3 Freestanding signs in residential districts shall be permitted under the following
provisions:
59.3.1 One identification freestanding sign may be allowed to identify the name of an
Land Use Bylaw 171/20 Amended November 13, 2023
Page 57
apartment, multi-family complex, mobile home court or a subdivision,
and which does not: exceed 2.0 square metres in area; project within 0.6 metres from
the property line; or exceed 3.5 metres in height.
59.3.2 Freestanding signs identifying the name of the community, neighbourhood, or
subdivision shall blend in with the architecture or development theme of the
surrounding area; and
59.3.3 A neighbourhood identification sign shall not contain an advertisement in any form but
may contain the name or logo of the company or companies which developed the
neighbourhood.
Section 60: Painted Wall Signs
60.1
A painted wall sign shall not exceed 3.0 m in height and 9.0 m in length.
60.2
Only one sign per wall is permitted.
60.3
Notwithstanding Section 60.1, a sign may be the entire length of an exterior wall providing the
design has been approved by the Development Officer/Municipal Planning Commission.
Figure 60-1: Painted Wall Signs and Projecting Signs
Land Use Bylaw 171/20 Amended November 13, 2023
Page 58
Section 61: Portable and Inflatable Signs
61.1
Regulations include:
61.1.1 A portable sign shall be installed, serviced, removed and accessed from the property
on which the sign is located;
61.1.2 A portable sign shall not exceed 4.0 m² per face, nor shall any such sign exceed 3.0
m in height from grade;
61.1.3 No portable sign shall be illuminated or employ any flashing or sequential lights or any
mechanical or electronic device to produce or stimulate motion, or to be confused with
traffic signs;
61.1.4 A portable sign shall not interfere with pedestrian and/or vehicle traffic;
61.1.5 Each property is entitled to utilize one portable sign;
61.1.6 No portable signs are permitted on Village owned property;
62.1.7 A portable sign must be stabilized but shall not use unsightly or potentially hazardous
methods;
61.1.8 A portable sign shall be removed immediately on ceasing to be in use; and
61.1.9 A portable sign in use, shall at all times be maintained in good condition and,
specifically, shall contain lettering and signage which is secure and complete. Any
damaged or missing signage must be repaired within 24 hours of knowledge of same
coming to the attention of the permit holder.
61.2
Inflatable Signs:
61.2.1 An inflatable sign shall be tethered or anchored and shall be touching the surface to
which it is anchored;
61.2.2 An inflatable sign shall not exceed the maximum free standing sign height allowed
(9.0 m);
61.2.3 There shall be a maximum of one (1) inflatable sign per site, but no inflatable sign
shall be permitted on the site containing any other portable sign; and
61.2.4 An inflatable sign may be placed on a site twice within a calendar year, but not for
more than 30 days at a time.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 59
Section 62: Projecting Signs
62.1
No projecting sign shall be erected so that the bottom thereof is less than 2.8 m above the
sidewalk; provided however, where traffic lights may be obscured in the opinion of the
Development Officer/Municipal Planning Commission, the minimum requirement for the
bottom of the projecting sign may be increased to a height of 3.6 m or more above the
sidewalk.
62.2
All projecting signs shall maintain the required clearance from overhead power and service
lines as required forth under The Electrical Protection Act.
62.3
The maximum area of a projecting sign shall be 4.5 m2.
62.4
The nearest edge of a projecting sign shall not be set off more than 0.3 m from the building
face.
Section 63: Wall Signs
63.1
Wall signs shall be securely fastened to walls and shall not be entirely supported by an
unbraced parapet wall.
63.2
The maximum horizontal dimension of a wall sign shall be 6.0 m.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 60
TEN: Land Use Districts
Section 64: Establishment of Land Use Districts
64.1
For the purposes of this Bylaw the Village of Warburg is divided into the following districts:
Residential Low Density
R1
Residential Low Density Class A
R1A
Residential Low Density Class B
R1B
Residential General
R2
Residential Mobile Home Court
R-MHC
Residential Mobile Home Subdivision
R-MHS
Commercial Central
C-1
Light Industrial Business
LIB
Direct Control
D-C
Public Use
P
Urban Reserve
U-R
IBX Mixed Use Industrial Business Park
IBX-MUIBP
64.2
The boundaries of the districts listed in this Bylaw are as delineated in Schedule A, Land Use
District Map.
64.3
Where uncertainty exists as to the boundaries of districts as delineated in the Land Use
District Map, the following rules shall apply:
64.3.1 Where a boundary is shown as following a street, lane, or creek, it shall be deemed to
follow the centre line thereof.
64.3.2 Where a boundary is shown as approximately following a lot line, it shall be deemed
to follow the lot line.
64.3.3 Where land use districts have been established in accord with a proposed subdivision
of land, the districts shall be understood to conform to the Certificate of Title or the
Plan of Survey when registered in a land title office. Prior to the registration, the
district boundary shall be determined on the basis of the scale of the map.
64.4
The district standards of this Bylaw do not apply to roads, lanes, or other public thoroughfares.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 61
Table 64-1: Residential Land Uses
P = Permitted D = Discretionary
Land Use District
Land Use Type
R1
R1A
R1B
R2
R-MHC
R-MHS
Accessory Building
P
P
P
P
P
P
Apartment
D
Assisted Living Facility
D
Basement Suites - Single Detached
D
D
D
Bed and Breakfast Facility
D
D
D
D
Boarding Facility
D
D
D
Dwelling, Duplex
D
D
P
Dwelling, Fourplex
D
Dwelling, Rowhouse
D
Dwelling, Single Detached
P
P
P
P
Dwelling, Triplex
D
Funeral Home
D
Group Care Facility
D
D
D
Home Occupation
P
P
P
P
P
P
Mobile Home
D
P/D
P/D
Public Assembly
P
P
P
P
P
Public Use
P
P
P
P
P
P
Utility Buildings
D
D
D
D
D
D
Land Use Bylaw 171/20 Amended November 13, 2023
Page 62
Section 65: R1 Residential Low Density District
65.1
Purpose:
To provide an area for single detached residential development.
65.2
Uses:
65.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district.
Site Coverage
40%.
Minimum Floor Area
100 square metres.
Bi-level, upper floor area 70 meters squared; 850 square feet
Maximum Building Height
Dwelling
-
10.0 metres (32.8 feet) from grade to roof peak.
Garage and Accessory Building
-
5.0 metres (16.4 feet) from grade to roof peak.
Minimum Parcel Area
Interior Parcels 550 square metres (5,940 square feet).
Corner Parcels 600 square metres (6,480 square feet).
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the
setback requirements of the Bylaw.
Front Yard Setback
Dwelling
-
6.5 m (21.3 feet).
Garage and Accessory Building
-
None in Front Yard.
Rear Yard Setback
Dwelling
-
7.5 m (24.6 feet) except on corner or double fronting lots.
Garage and Accessory Building
-
0.6 metres (2.0) feet, except where vehicle doors face a
lane 3.0 metres (9.8 feet).
Permitted Uses
Discretionary Uses
Accessory Building
Dwelling, Single Detached
Home Occupation
Public Assembly
Public Use
Bed and Breakfast Facility
Utility Building
Similar Use
Land Use Bylaw 171/20 Amended November 13, 2023
Page 63
Side Yard Setback
Dwelling
In the case of roadway and lane systems:
- 1.5 metres (4.9 feet).
In the case of laneless systems:
- 3.0 metres (9.8 feet).
Garage and Accessory Building
In the case of roadway and lane systems:
- 1.0 metres (3.3 feet).
Garage Roof Overhang
-
0.3 metres (1.0 feet).
Landscaping
All yards shall be landscaped with trees, shrubs and planted
groundcover in accordance with plans approved by the
Development Authority. Notwithstanding any provisions of this
Bylaw to the contrary, as a condition of approval of a
development permit, all landscaping and planting required
must be carried out to the satisfaction of the Development
Authority within twelve months of occupancy or
commencement of operation of the development.
Parking
A two car parking area shall be provided to the rear, side or
front of the dwelling. Notwithstanding, in the case of a
dwelling fronting onto an arterial road, the parking area shall
access from the lane where one is provided.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 64
Section 66: R1A Residential Low Density Class A District
66.1
Purpose:
This district is generally intended to accommodate single detached dwellings and duplexes in
areas developed prior to 2008.
66.2
Uses:
66.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this District.
Site Coverage
40%.
Minimum Floor Area
100 square metres (1,080 square feet).
Bi-level: upper floor area 79 square meters, 850 square feet
Minimum Parcel Width
In the case of roadway and lane systems:
- 15.0 metres (49.2 feet) for internal lots; and
- 17.0 metres (55.8 feet) for corner or double fronting lots.
In the case of laneless systems:
- 18.0 metres (59.0 feet) for internal lots; and
- 20.0 metres (65.6 feet) for corner or double fronting lots.
Minimum Parcel Depth
34.0 metres (111.5 feet).
Maximum Building Height
Dwelling
-
10.0 metres (32.8 feet) from grade to roof peak.
Garage and Accessory Building
-
5.0 metres (16.4 feet) from grade to roof peak.
Double Fronting Lots
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the
setback requirements of the Bylaw.
Permitted Uses
Discretionary Uses
Accessory Building
Dwelling, Single Detached
Home Occupation
Public Assembly
Public Use
Basement Suite
- Dwelling, Single Detached Only
Bed and Breakfast Facility
Boarding Facility
Dwelling, Duplex
Group Care Facility
Utility Building
Similar Use
Land Use Bylaw 171/20 Amended November 13, 2023
Page 65
Front Yard Setback
Dwelling
-
8.0 metres (26.2 feet).
Garage and Accessory Building
-
None in Front Yard.
Rear Yard Setback
Dwelling
-
8.0 metres (26.2 feet) except on corner or double fronting
lots.
Garage and Accessory Building
-
0.6 metres (2.0) feet, except where vehicle doors face a
lane 3.0 metres (9.8 feet).
Side Yard Setback
Dwellings
In the case of roadway and lane systems:
- 1.5 metres (4.9 feet).
In the case of laneless systems:
- 3.0 metres (9.8 feet).
Garage
In the case of roadway and lane systems:
- 1.5 metres (4.9 feet).
In the case of laneless systems:
- 3.0 metres (9.8 feet).
Garage Roof Overhang
- 0.3 metres (1.0 feet).
Landscaping
All yards shall be landscaped with trees, shrubs and planted
groundcover in accordance with plans approved by the
Development Authority. Notwithstanding any provisions of
this Bylaw to the contrary, as a condition of approval of a
development permit, all landscaping and planting required
must be carried out to the satisfaction of the Development
Authority within twelve months of occupancy or
commencement of operation of the development.
Parking
A two car parking area shall be provided to the rear, side or
front of the dwelling. Notwithstanding, in the case of a
dwelling fronting onto an arterial road, the parking area shall
access from the lane where one is provided.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 66
Section 67: R1B Residential Low Density Class B District
67.1
Purpose:
This district is generally intended to accommodate single detached dwellings, duplexes and
mobile homes in areas developed prior to 2008.
67.2
Uses:
67.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this District.
Site Coverage
40%.
Minimum Floor Area
100 square metres (1,080 square feet).
Bi-level: upper floor area 79 square meters; 850 square feet
Minimum Parcel Width
In the case of roadway and lane systems:
- 15.0 metres (49.2 feet) for internal lots; and
- 17.0 metres (55.8 feet) for corner or double fronting lots.
In the case of laneless systems:
- 18.0 metres (59.0 feet) for internal lots; and
20.0 metres (65.6 feet) for corner or double fronting lots.
Minimum Parcel Depth
34.0 metres (111.5 feet).
Maximum Building Height
Dwelling
-
10.0 metres (32.8 feet) from grade to roof peak.
Garage and Accessory Building
-
5.0 metres (16.4 feet) from grade to roof peak.
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the
setback requirements of the Bylaw.
Permitted Uses
Discretionary Uses
Accessory Building
Dwelling, Single Detached
Home Occupation
Public Assembly
Public Use
Basement Suite
- Dwelling, Single Detached Only
Bed and Breakfast Facility
Boarding Facility
Dwelling, Duplex
Group Care Facility
Mobile Home
Utility Building
Similar Use
Land Use Bylaw 171/20 Amended November 13, 2023
Page 67
Front Yard Setback
Dwelling
-
8.0 metres (26.2 feet).
Garage and Accessory Building
None in Front Yard.
Rear Yard Setback
Dwelling
8.0 metres (26.2 feet) except on corner or double fronting
lots.
Garage and Accessory Building
0.6 metres (2.0) feet, except where vehicle doors face a lane
3.0 metres (9.8 feet).
Side Yard Setback
Dwellings
In the case of roadway and lane systems:
- 1.5 metres (4.9 feet).
In the case of laneless systems:
- 3.0 metres (9.8 feet).
Garage and Accessory Building
In the case of roadway and lane systems:
- 1.0 metres (3.3 feet).
Garage Roof Overhang
- 0.3 metres (1.0 feet).
Landscaping
All yards shall be landscaped with trees, shrubs and planted
groundcover in accordance with plans approved by the
Development Authority. Notwithstanding any provisions of
this Bylaw to the contrary, as a condition of approval of a
development permit, all landscaping and planting required
must be carried out to the satisfaction of the Development
Authority within twelve months of occupancy or
commencement of operation of the development.
Parking
A two car parking area shall be provided to the rear, side or
front of the dwelling. Notwithstanding, in the case of a
dwelling fronting onto an arterial road, the parking area shall
access from the lane where one is provided.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 68
Section 68: R2 Residential General District
68.1
Purpose:
To provide an area for a variety of dwelling types which are compatible with a residential area.
68.2
Uses:
68.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district.
Site Coverage
50%
Minimum Parcel Area
Dwelling, Single Detached:
- Interior Parcels 460 square metres (4,968 square feet); and
- Corner Parcels 510 square metres (5,508 square feet).
Dwelling, Duplex, Triplex and Fourplex (Per Unit):
- Interior Parcels 230 square metres (2,484 square feet); and
- Corner Parcels 255 square metres (2,754 square feet).
Dwelling, Rowhouse (Per Unit):
- Interior Parcels 185 square metres (1,998 square feet) and
- Corner Parcels 275 square metres (2,970 square feet).
Maximum Building Height
Dwellings: Detached, Duplex, Fourplex, Rowhouse, Triplex
and Group Care Facility
10.0 metres (32.8 feet) from grade to roof peak
Permitted Uses
Discretionary Uses
Accessory Building
Dwelling, Single Detached
Dwelling, Duplex
Home Occupation
Public Assembly
Public Use
Apartment
Assisted Living Facility
Basement Suite
- Dwelling, Single Detached Only
Bed and Breakfast Facility
Boarding Facility
Dwelling, Fourplex
Dwelling, Rowhouse
Dwelling, Triplex
Group Care Facility
Utility Building
Similar Use
Land Use Bylaw 171/20 Amended November 13, 2023
Page 69
Maximum Building Height
Garage and Accessory Building
-
5.0 metres (16.4 feet) from grade to roof peak.
Apartment
A maximum of three full storeys above grade: flat roof - 11.0
metres (36.1 feet); sloped roof - 14.75 metres (48.4 feet).
Double Fronting Yards
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the setback
requirements of the Bylaw.
Front Yard Setback
6.5 metres (21.3 feet).
Rear Yard Setback
All Dwellings
-
7.5 m (24.6 feet) except on corner or double fronting lots.
Garage and Accessory Building
-
0.6 metres (2.0) feet, except where vehicle doors face a
lane 3.0 metres (9.8 feet)
Side Yard Setback
Dwelling, Duplex, Fourplex, Rowhouse, Single Detached and
Triplex
In the case of roadway and lane systems:
- 1.5 metres (4.9 feet).
In the case of laneless systems:
- 3.0 metres (9.8 feet).
Apartments
-
3.0 metres (9.8 feet) except where it abuts public roadway
6.0 metres (19.7 feet).
Garages
In the case of roadway and lane systems:
- 1.0 metres (3.3 feet).
Garage Roof Overhang
-
0.3 metres (1.0 feet).
Landscaping
All yards shall be landscaped with trees, shrubs and planted
groundcover in accordance with plans approved by the
Development Authority. Notwithstanding any provisions of this
Bylaw to the contrary, as a condition of approval of a
development permit, all landscaping and planting required
must be carried out to the satisfaction of the Development
Authority within twelve months of occupancy or
commencement of operation of the development.
Parking
See Section 8 of this Bylaw.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 70
Section 69: R-MHC Residential Mobile Home Court District
69.1
Purpose:
To provide an area for and to regulate the development and use of land for mobile homes,
and other uses herein listed, which are compatible with a residential area and located with
comprehensively designed courts wherein sites are rented or owned as part of a
condominium.
69.2
Uses:
69.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district.
Court Size
Maximum Size 2.0 hectares (4.9 acres)
Maximum Gross Density
20 units per hectare (8.1 units per acre)
Minimum Site Area/Unit
400 square metres (4,320 square feet)
Site Coverage
Maximum 40%
Roadways
Roadways shall have at least a 12.0 metre (39.4 feet) right-
of-way and a carriageway of no less than 8.0 metres (26.2
feet) in width.
Minimum Floor Area
90 square metres (972 square feet).
Minimum Site Width
12.0 metres (39.4 feet).
Setbacks
7.0 metres (23.0 feet) from any park boundary.
3.0 metres (9.8 feet) from any internal access road or
common parking area.
1.5 metres (4.9 feet) from any side lot line.
4.5 metres (14.8 feet) from any rear lot line.
Permitted Uses
Discretionary Uses
Accessory Building
Home Occupation
Mobile Homes < Eight (8) years of age from
the date of Development Permit Application
Public Use
Mobile Homes > Eight (8) years of age from
the date of Development Permit Application
Utility Building
Similar Use
Land Use Bylaw 171/20 Amended November 13, 2023
Page 71
Regulations
1. A site plan shall be required prior to the development of
land in this district. The plan must include the following to
the satisfaction of the Development Authority: access,
road system, walkway system and site pattern showing
dimensions and structures; provision for on-site garbage
collection facilities; open space at a minimum of 5% of
the park, designated for recreational and playground use,
provision of a landscaped buffer of 4.6 m or greater
between any mobile home and the lot line bounding the
manufactured home court; provisions for outdoor lighting;
identification and directional signs; location of parking
aprons (hard surfaced) for every proposed lot; proposed
location of mobile home for every lot; proposed
landscaping of the individual lots and throughout the
park; screened storage compound for trucks, trailers,
campers, snowmobiles, boats, etc; shall establish
guidelines and standards satisfactory to the Development
Authority governing design and materials of carports,
patios, storage buildings, skirting, fences, fuel storage
and supply facilities and other attached or detached
structures; and such other information as deemed
necessary by the Development Authority.
2. Within the mobile home court no mobile homes, including
attached structures, shall be within 3.0 m (9.8 feet) from
any mobile home, including any attached structures that
are located directly on the opposite side of a park street.
3. All manufactured homes shall have CSA and Alberta
Building Standards (ABS) label numbers.
4. Equipment used for transportation of manufactured
homes shall be removed from the dwelling and finishing
installed within 30 days of placement.
5. Dwellings shall be placed on a CSA Z240.10.1 standard
foundation, an engineer approved foundation, or a
basement.
6. All attached or accessory structures such as room
additions, porches, sun rooms, garages and garden
sheds shall be a factory prefabricated units or of an
equivalent quality and shall be pre-finished or painted so
that the design and construction complements the
principal building.
7. The roof line of any addition shall not exceed the height
of the dwelling.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 72
Regulations - Continued
8. A lot may be used only for the siting of one mobile home
9. Designated visitor parking areas shall be evenly
distributed throughout the court, and each visitor parking
shall include a minimum of three parking stalls:
10. Pursuant to the Municipal Government Act, the owner or
agent of every designated mobile home court in the
Village shall notify the assessor of the Village in writing
of: any mobile homes locating in the park, or moving to a
different site within the park, within 10 days of the
changes with the following information; name and
address of the owner of the mobile home; make and
serial number of the mobile home, site location of the unit
within the park; and any change of ownership or any
removal of a mobile home from the park 10 days prior to
change or removal.
11. The storage area for vehicles, recreation vehicles, water
craft and other items that cannot be stored on a mobile
home lot shall, where possible, be provided with a
minimum of 19 m2 (205 square feet) of storage area per
mobile home lot.
12. A storage area shall be enclosed or screened by trees,
landscape features or fences or a combination thereof to
the satisfaction of the Development Authority.
13. No vehicle over 4,536 kilograms (9,979 lbs.) shall be
parked on a mobile home court lot or mobile home court
street for longer than is reasonably required to load or
unload such vehicle.
14. No vehicle greater that 7.6 m (24.9 feet) in length may be
parked on a mobile home lot within a mobile home court.
15. No more than one recreation vehicle or trailer may be
parked on a mobile home lot within a mobile home court.
A licensed recreation vehicle, owned by a temporary
guest of the occupants of a mobile home, may be parked
on that mobile home lot, regardless of its size, for a
period not exceeding two weeks.
16. The outdoor storage of materials, products, equipment or
machinery shall not be permitted in this district except in
designated storage areas.
17. All utility lines shall be placed underground or as may be
stipulated in a development agreement.
18. Mobile home courts shall be fully serviced with approved
common water distribution and sewage collection
systems.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 73
Section 70: R-MHS Residential Mobile Home Subdivision District
70.1
Purpose:
To provide an area for and to regulate the development and use of land for mobile homes,
and other uses herein listed, which are compatible with a residential area on separately
registered parcels.
70.2
Uses:
70.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district.
Site Coverage
35%.
Floor Area
90 square metres (972 square feet).
Minimum Parcel Area
Interior Parcels - 460 square metres (4,968 square feet); and
Corner Parcels - 510 square metres (5,508 square feet).
Double Fronting Lots
A site abutting two streets or more shall have a front yard on
each street and two side yards in accordance with the
setback requirements of the Bylaw.
Front Yard Setback
Mobile Home
-
6.0 metres (19.7 feet).
Garage and Accessory Building
-
None in the Front Yard.
Rear Yard Setback
Mobile Home
-
7.5 m (24.6 feet) except on corner or double fronting lots.
Garage and Accessory Building
-
0.6 metres (2.0) feet, except where vehicle doors face a
lane 3.0 metres (9.8 feet).
Permitted Uses
Discretionary Uses
Accessory Building
Home Occupation
Mobile Homes < Eight (8) years of age from
the date of Development Permit Application
Public Assembly
Public Use
Mobile Homes > Eight (8) years of age from
the date of Development Permit Application
Utility Building
Similar Use
Land Use Bylaw 171/20 Amended November 13, 2023
Page 74
Side Yard Setback
Mobile Home
In the case of roadway and lane systems:
- 1.5 metres (4.9 feet).
In the case of laneless systems:
- 3.0 metres (9.8 feet).
Garage and Accessory Building
In the case of roadway and lane systems:
- 1.0 metres (3.3 feet).
Garage Roof Overhang
-
0.3 metres (1.0 feet).
Landscaping
All yards shall be landscaped with trees, shrubs and planted
groundcover in accordance with plans approved by the
Development Authority. Notwithstanding any provisions of
this Bylaw to the contrary, as a condition of approval of a
development permit, all landscaping and planting required
must be carried out to the satisfaction of the Development
Authority within twelve months of occupancy or
commencement of operation of the development.
Parking
A two car parking area shall be provided to the rear, side or
front of the dwelling. Notwithstanding, in the case of a
dwelling fronting onto an arterial road, the parking area shall
access from the lane where one is provided.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 75
Section 71: C1 Commercial Central District
71.1
Purpose:
To provide for an area for intensive commercial use, offering a wide variety of goods and
services and other uses, herein listed, which are compatible with the area, which will create an
attractive environment for pedestrians, but which will be accessible to motor vehicles.
71.2
Uses:
Permitted Uses
Discretionary Uses
Automobile Supply Store
Bank / Financial Institution
Clinic
Convenience Food Store
Contracting Services - Minor
Dry Cleaning and Laundry Depot / Plant
Dwelling Units Above Ground Floor Business
Florist Shop
Food and/or Beverage Service Facility
Handicraft Business
Laundromat
Light Equipment Repair / Rental
Office Building
Personal Service Shop
Pharmacy
Public Use
Restaurant
Restaurant - Drive Thru
Restaurant - Takeout / Delivery
Retail Store
Sign
Supermarket
Accessory Use
Apartment
Automobile Repair Garage
Breweries, Wineries and Distilleries
Building Demolition
Communication Tower
Parking Facility
Recreation Facility
Recycling Depot
Taxi / Bus Depot
Temporary Mobile Commercial Sales
Vehicle Wash
Utility Building
Similar Use
Land Use Bylaw 171/20 Amended November 13, 2023
Page 76
71.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district.
Site Coverage
100%
Floor Area
n/a
Minimum Parcel Area
n/a
Maximum Building Height
A maximum of three full storeys above grade: flat roof - 11.0
metres (36.1 feet); sloped roof - 14.75 metres (48.4 feet).
Front Yard Setback
Nil.
Side Yard Setback
Nil, except where abutting a residential street 2.5 metres or ½
the height of the building, whichever is greater
Rear Yard Setback
Shall be provided for parking and loading spaces.
Parking and Loading
Part 8 of this Bylaw.
Outdoor Storage and
Display
Outdoor storage and display is not permitted except sidewalk
sales. Garbage storage shall be confined to a designated
area, and shall not have an adverse affect on the use or
circulation on the parcel or adjacent parcels.
Dwelling Unit Entrance
Dwelling units shall have an entrance separate for the
entrance to any commercial component of the building.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 77
Section 72: LIB Light Industrial Business District
72.1
Purpose:
To provide an area for planned light industrial business parks containing clean industrial uses
with compatible commercial uses.
72.2
Uses:
Permitted Uses
Discretionary Uses
Automobile and RV Sales and Rental
Automobile Service Station
Automobile Supply Store
Bank / Financial Institution
Breweries, Wineries & Distilleries
Caterer
Clinic
Convenience Food Store
Contracting Services - Minor
Farm Supply Store
Florist Shop
Food and/or Beverage Service Facility
Gas Bar
Handicraft Business
Hotel
Laundromat
Light Equipment Repair / Rental
Motel
Office Building
Personal Service Shop
Pharmacy
Public Use
Restaurant - All Types
Retail Store
Shopping Centre
Sign
Supermarket
Theatre - Movie
Truck and Mobile Home Sales and Rental
Truck Stop
Veterinary Clinic
Warehouse Store
Abattoir
Accessory Use
Auction Mart
Autobody and Repair Shop
Automobile Repair Garage
Bottled Gas Sales and Storage
Cannabis Retail
Cannabis Production Facility
Cannabis Sales
Caretaker's Residence
Communication Tower
Concrete Manufacturing/Plant
Contracting Services - Major
Dry Cleaning and Laundry Plant / Depot
Dwelling Units Above Ground Floor Business
Feed Mills and Grain Elevators
Gaming or Gambling Establishment
Industry/Manufacturing - Small Scale
Laboratory
Livestock Auction Mart
Oilfield Support Services
Parking Facility
Propane Transfer Facility
Recreational Amusement Park
Recreation Facility
Recycling Depot
Research Facility
Seed Cleaning Plant
Tanker Truck Washing Facility
Taxi / Bus Depot
Temporary Mobile Commercial Sales
Transport/Truck Operation
Truck and Mobile Home Sales and Rental
Truck Stop
Utility Building
Vehicle Wash
Similar Use
Land Use Bylaw 171/20 Amended November 13, 2023
Page 78
72.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall
apply to every development in this district.
Minimum Parcel Area
0.4 hectares (1.0 acres).
Minimum Parcel Frontage
30 metres (98.4 feet).
Maximum Building Height
A maximum of three full storeys above grade: flat roof - 11.0
metres (36.1 feet); sloped roof - 14.75 metres (48.4 feet).
Front Yard Setback
9.0 metres (29.5 feet).
Side Yard Setback
3.0 metres (9.8 feet).
Rear Yard Setback
3.0 metres, except where abutting a residential district 7.5 metres
(24.6 feet).
Landscaping
When a development is proposed adjacent to a residential land
use district, a public park, or a recreational uses, a buffer shall be
provided and maintained to the satisfaction of the Development
Authority. The buffer may be comprised of any or all of the
following: landscaped greenspace; closed or open fencing; trees;
and earth berming.
Parking and Loading
Part 8 of this Bylaw.
Outdoor Storage
All outdoor storage shall be screened.
All outdoor display shall be screened from residential districts.
Storage is not allowed in front yard.
Garbage storage shall not have an adverse impact on the use or
circulation on the parcel or adjacent parcels.
Cannabis Retail
To receive development approval, cannabis retailers must be
located in areas zoned for those kinds of businesses. (LIB) Light
Industrial Business
Cannabis retailers are also not allowed within 300 metres of
facilities such as schools, health care and recreation facilities,
playgrounds or other cannabis retailers.
The business license fee for Cannabis Retailers is $1000.00 and
can only be approved after the applicant has already lined up all
the necessary Alberta Gaming and Liquor Commission approvals
including the background check process.
Should a cannabis business change hands, the license expires,
and the new potential owner would also have to go through the
same process for licensing.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 79
Section 73: D-C Direct Control Transitional District
73.1
Purpose:
To provide for a transitional area that is compatible with the general nature of the adjacent
residential neighbourhood.
73.2
Uses:
73.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district.
Site Coverage
At Council's discretion.
Floor Area
At Council's discretion.
Minimum Parcel Area
At Council's discretion.
Maximum Building Height
At Council's discretion.
Front Yard Setback
At Council's discretion.
Side Yard Setback
At Council's discretion.
Rear Yard Setback
At Council's discretion.
Parking
At Council's discretion.
Accessory Buildings
At Council's discretion.
Permitted Uses
Discretionary Uses
Such uses as deemed by Council to be
compatible with the general nature of the
residential neighbourhood.
Greenhouse
Warehouse
Land Use Bylaw 171/20 Amended November 13, 2023
Page 80
Section 74: P Public Use District
74.1
Purpose:
To provide for an area for the development of public land, which are compatible with the
adjacent surroundings.
74.2
Uses:
74.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in this district.
Site Coverage
40%
Floor Area
n/a
Minimum Parcel Area
n/a
Maximum Building Height
A maximum of three full storeys above grade: flat roof - 11.0
metres (36.1 feet); sloped roof - 14.75 metres (48.4 feet).
Front Yard Setback
Equal to or greater than the building height.
Side Yard Setback
Equal to or greater than the building height.
Rear Yard Setback
Equal to or greater than the building height.
Parking
Section 54 of this Bylaw.
Accessory Buildings
Section 33 of this Bylaw.
Permitted Uses
Discretionary Uses
Campground
Community Hall
Day Care Facility
Golf Course
Institutional Use
Museum
Nursing Home
Park
Public Use
School
Signs (Public)
Accessory Use
Building Demolition
Cemetery
Communication Tower
Lagoon
Parking Lot (public)
Public Assembly
Recreation Facility
Trade/Commercial School
Utility Building
Similar Use
Land Use Bylaw 171/20 Amended November 13, 2023
Page 81
Section 75: Urban Reserve District (U-R)
75.1
Purpose
To reserve those areas of the municipality which are rural in character or land use for urban
development until such time as a subdivision plan has been accepted in principle or approved
for other specific uses not permitted in this district. The reclassification of land to other land
use districts will normally occur subsequent to the acceptance of an Area Structure Plan
where one is required by Council, and subsequent to the approval of subdivisions proposed.
75.2
Uses
Permitted Uses
Discretionary Uses
Single Detached Dwelling on Existing Parcel
Greenhouse or Plant Nursery
Kennel
Natural Resource Development
Temporary Use or Building which in the
opinion of the Municipal Planning
Commission will not prejudice the
possibility of conveniently and
economically replotting or developing the
area in the future.
75.3
Site Regulations
All site regulations shall be at the discretion of the Municipal Planning Commission.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 82
Section 76: CANNABIS PRODUCTION FACILITY
1)
The owner or applicant shall provide as a condition of Development Permit a copy of the
current license and all subsequent license renewals for all activities associated with
Cannabis production issued by Health Canada.
2)
The owner or applicant shall obtain any other approval, permit, authorization, consent or
license that may be required to endure compliance with applicable federal, provincial or
municipal legislation.
3)
All processes and functions of the Development shall be fully enclosed within a stand-
alone Building, including but not limited to all Loading Spaces and docks, garbage
containers, storage and waste material.
4)
The Development shall be singular Use and shall not be operated in conjunction with any
other Uses.
5)
The Development shall not be located Adjacent to an Arterial Road.
6)
The Development shall include equipment designed and intended to remove odours from
the air where it is discharged from the Building as part of a ventilation system.
7)
The Development Site shall be located a minimum of 300.00 m from a residential district.
8)
The Development Authority may require, as a condition of Development Permit, a waste
management plan, completed by a qualified professional, that includes details regarding:
a)
The incineration of waste products and airborne emissions, including smell;
b)
The quantity and characteristics of liquid and waste material discharged by the
facility; and
c)
The method and location of collection and disposal of liquid and waste material.
9)
The minimum number of Parking Stalls shall be based on the requirements for General
Industrial Uses.
10)
Fencing of the Site shall be required for security purposes, subject to the provisions of
Section 41.
11)
Notwithstanding the provisions of Part Nine: Signs, no Sign shall be displayed on the Site
that identifies the Use.
12)
The Development may be subject to periodic inspections to ensure compliance with the
Alberta Building Code, Alberta Fire Code, National Energy Code of Canada, Land Use
Bylaw and approved Development Permit.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 83
Section 77: CANNABIS SALES
1)
Cannabis Sales shall meet the requirements of the Gaming, Liquor and Cannabis Act.
2)
A copy of the Retail Cannabis License issued by the Alberta Gaming and Liquor
Commission shall be provided to the Village prior to occupancy as a condition of
development permit approval.
3)
Cannabis Sales shall be a minimum of 300 m from Sites in a residential district.
4)
In addition to the provisions of Part Nine: Signs; advertising inside the premises shall not
be visible from the outside.
5)
The premises must operate separately from other businesses, including providing a
separate Loading Space when one is required.
6)
The public entrance and exit to the Use must be directed to the outdoors.
7)
Goods shall not be visible from outside the business premises.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 84
Section 78: IBX Mixed Use Industrial Business Park
78.1
Purpose:
To establish a mixed-use industrial business park with a range of uses including commercial,
light industrial, and related uses that are compatible with abutting residential, commercial or
industrial neighbourhoods.
78.2
Uses:
Permitted Uses
Discretionary Uses
Agricultural Processing
Agricultural Support Services
Automobile and RV Sales and Rental
Automobile Supply Store
Bank/Financial Institution
Breweries, Wineries and Distilleries
Cannabis Sales
Caterer
Clinic
Community Hall
Contracting Services - Major
Contracting Services - Minor
Convenience Food Store
Farm Supply Store
Florist Shop
Food and/or Beverage Service Facility
Gas Bar
General Industrial Use
Greenhouse
Handicraft Business
Hotel
Industry/Manufacturing - Small Scale
Laundromat
Light Equipment Repair/Rental
Motel
Office Building
Park
Personal Service Shop
Pharmacy
Private Club
Public Use
Recreation Facility
Restaurant - All Types
Agriculture - Crops
Accessory Use
Auction Mart
Autobody and Repair Shop
Automobile Repair Garage
Automobile Service Station
Bottled Gas Sales and Storage
Cannabis Production Facility
Communication Tower
Concrete Manufacturing / Plant
Dry Cleaning and Laundry Plant/Depot
Dwelling Units Above Ground Floor Business
Gaming or Gambling Establishment
Laboratory
Oilfield Support Services
Parking Facility
Propane Transfer Facility
Recreational Amusement Park
Recreational Establishment, Outdoor
Recycling Depot
Research facility
Similar Use
Tanker Truck Washing Facility
Taxi-Bus Depot
Temporary Mobile Commercial Sales
Transport/Truck Operation
Truck and Mobile Home Sales and Rental
Utility Building Vehicle Wash
Land Use Bylaw 171/20 Amended November 13, 2023
Page 85
Permitted Uses
Discretionary Uses
Retail Sales
Seed Cleaning Plant
Shopping Centre
Sign
Storage - All Types
Supermarket
Theatre - Movie
Truck and Mobile Home Sales and Rental
Truck Stop
Veterinary Clinic
Warehouse Store
78.3 Site Regulations
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following
regulations shall apply to every development in the district:
Minimum Parcel Area
0.2 hectares (0.5 acres)
Minimum Parcel Frontage
30 metres (98.4 feet)
Maximum Building Height
A maximum of three full storeys above grade;
flat roof - 12.0 metres (39.4 feet)
Front Yard Setback
9.0 metres (29.5 feet)
Side Yard Setback
3.0 metres (9.8 feet)
Rear Yard Setback
3.0 metres (9.8 feet), except;
- for parcels that abut a residential district, for
which the minimum rear yard setback will be
7.5 metres (24.6 feet);
-for parcels that abut Highway 39, where the
minimum rear yard setback will be 32.2
metres (105.7 feet);
-for parcels that abut SCE 10 - TWP 048 -
RGE 03 - MER 05 and SEC 15 - TWP 048 -
Land Use Bylaw 171/20 Amended November 13, 2023
Page 86
RGE -3 - MER 05, the minimum rear yard
setback will be 12 metres (39.4 feet)
Landscaping
When a development is proposed adjacent to
a residential land use district, a Planting Strip
that functions as a public park. shall be
provided and maintained to the satisfaction of
the Development Authority.
When a development is proposed adjacent to
Highway 39 or 50th Street, a Planting Strip
shall be provided to create a high-quality
interface between the development and the
roadway. This Planting Strip shall be
maintained to the satisfaction of the
Development Officer/ Municipal Planning
Commission.
When a development is proposed adjacent to
Highway 39 or 50th Street, an enhanced
architectural façade shall be provided to
create a visually appealing gateway to the
Village and the IBX district.
When a development is proposed adjacent to
SEC 10 - TWP 048 - RGE 03 - MER 05 and
SEC 15 - TWP 048 - RGE 03 - MER 05
lands, a Planting Strip shall be provided to
provide visual separation and reduce dust
and noise from adjacent agricultural
operations. This Planting Strip shall be a
minimum of 3 metres wide and maintained to
the satisfaction of the Development Officer /
Municipal Planning commission.
Parking and Loading
Part 8 of this Bylaw
Outdoor Storage
All outdoor storage shall be screened.
All outdoor display shall be screened from
residential districts.
Storage is not permitted within front yard.
Garbage storage shall not have an adverse
impact on the use or circulation on the parcel
or adjacent parcels.
Land Use Bylaw 171/20 Amended November 13, 2023
Page 87
Special Information Requirements
At the time of Development Permit, the
Development Authority may request, when
necessary, the applicant submit studies,
including but not limited to: environmental site
assessment, risk assessment studies, risk
management plans, and/or exposure control
plans, transportation impact assessments,
parking impact assessments, geotechnical
assessments, and servicing studies
Land Use Bylaw 171/20 Amended November 13, 2023
Page 88
Schedule "A": Land Use District Map
**Please see Bylaw 90/08 for Amendment- Reclassification of TW5-36-48-3-W5 5203-50St
Reclassified from Public to R-2 General Residential
Land Use Bylaw 171/20 Amended November 13, 2023
Page 89
Schedule "B": Fees Bylaw