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PART 3 - DEVELOPMENT APPLICATIONS AND PROCESS
3.1 Development Applications Bylaw 08/20
3.1.1 A development authority must, within 20 days after the receipt of an
application for a development permit, determine whether the
application is complete. The application is deemed complete when it
contains the documents and other information necessary to review
the application.
a) The time period may be extended by an agreement in writing
between the applicant and the development authority.
3.1.2 If the development authority does not make a determination on
completeness within the time required in 3.1.1 the application is
deemed to be complete.
3.1.3 If the Development Authority determines the application is complete
the development authority must issue to the applicant an
acknowledgement that the application is complete.
3.1.4 If the development authority determines that the application is
incomplete the development authority must issue to the applicant a
notice that the application is incomplete and that any outstanding
documents and information referred to in the notice must be
submitted by a date set out in the notice or a later date agreed on
between the applicant and the development authority in order for the
application to be considered complete.
a) If the applicant fails to submit all the outstanding information and
documents on or before the date referred to in 3.1.4 the
application is deemed to be refused. Section 3.10.8 does not
apply in this circumstance.
b) If the applicant submits all the outstanding information and
documents within the time frame stipulated and the development
authority
determines
the
information
is
complete,
the
development
authority
must
issue
to
the
applicant
an
acknowledgement in the form and manner provided for in the land
use bylaw that the application is complete.
3.1.5 Notwithstanding 3.1.3 and 3.1.4 b) the development authority may
request additional information or documentation from the applicant
that the development authority considers necessary to review the
application.
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3.2 Development Officer
3.2.1 The Development Officer:
a) may meet with or provide written information and processing
requirements, or both, to the public;
b) shall review all applications for a development permit to
determine if they are complete and made for the appropriate use;
c) may refer an application to any Town department or branch,
municipal, provincial, federal, or inter-jurisdictional department or
any other agency or body;
d) may refer an application for a use in areas where no area
structure plan or area redevelopment plan is adopted, to adjacent
municipalities and provincial and federal government, land and
resource agencies within 1.5 km of the area proposed for
development;
e) shall, in the consideration of an application relating to a Municipal
Historic Resource, consult the Standards & Guidelines for the
Conservation of Historic Places in Canada (Parks Canada);
f)
shall consider and approve a development permit for a permitted
use, which complies with this Bylaw:
i)
without condition; or
ii)
with such conditions necessary to ensure compliance;
g) shall consider and may approve a development permit for a
discretionary use which complies with this Bylaw:
i)
without conditions;
ii)
with such conditions necessary to ensure compliance; or
iii) with such conditions that are more restrictive than those in
this Bylaw;
h) may grant a variance or approve a development permit for a non-
conforming
building
provided
the
Development
Officer
determines that the variance, in addition to Sections 1.6 and
3.13, considers the attainment of the municipal planning
objectives that caused the use to become non-conforming;
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i)
shall consider and may refuse a development permit for a
discretionary use which otherwise complies or does not comply
with this Bylaw;
j)
shall provide comment where applicable on applications to
amend the text of this Bylaw or the Land Use Plan map;
k) may enforce the provisions of this Bylaw;
l)
shall conduct other such duties as described elsewhere in the
Bylaw, including public notification or the exercise of discretion
and variance; and
m) shall, with regards to an application that is consistent with a
license, permit, approval or other authorization granted by the
NRCB, ERCB, AERE, AEUB or AUC, approve the application to
the extent that it complies with the license, permit, approval or
other authorization
3.3 Conditions
3.3.1 The Development Officer may impose conditions to the approval of a
permitted use only to ensure compliance with this Bylaw.
3.3.2 The Development Officer may impose such conditions as deemed
appropriate for the approval of a discretionary use or where a
variance has been granted.
3.3.3 The Development Officer may impose a condition, to the approval of
any development permit, that the applicant enter into an agreement
with the Town to do any or all of the following:
a) to construct or pay for the construction of a road required to give
access to the development;
b) to construct or pay for the construction of:
i)
a pedestrian walkway system to serve the development, or
ii)
pedestrian walkways to connect the pedestrian walkway
system serving the development with a pedestrian walkway
system that serves or is proposed to serve an adjacent
development, or both;
c) to install or pay for the installation of public utilities that are
necessary to serve the development; Bylaw 08/20
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d) to construct or pay for the construction of:
i) on-site or other parking facilities, and
ii) loading and unloading facilities;
e) to pay an off-site levy or redevelopment levy;
f) to give a guaranteed security to ensure that the terms of the
agreement under this section are carried out to the satisfaction of
the Development Authority.
3.3.4 The Development Authority may require a guaranteed security to
ensure the terms of a condition of approval are carried out.
3.4 Control of Development
3.4.1 Land, buildings, structures or signs in the Town may only be
developed or used in conformity with the uses in its Land Use District
and all the regulations in this Bylaw except for legal non-conforming
buildings and uses or as approved by the Development Authority or
the Subdivision and Development Appeal Board.
3.4.2 No person shall commence, cause or allow to be commenced, or
carry on, or cause to allow to be carried on, any development unless
a development permit has been issued under the provisions of this
Bylaw.
3.4.3 No development or portion thereof shall be located on or over
municipal
lands,
municipal
road
rights-of-way
or
municipal
easements without the prior written consent of the Town, which
consent the Town is not obligated to provide.
3.4.4 A person shall ascertain and comply with the requirements of any
other federal, provincial or municipal enactment or any other law;
and the conditions of any caveat, covenant, easement or other
instrument affecting a building or land.
3.4.5 The Development Authority is not responsible for nor does the
Development Authority have any obligation whatsoever to determine
what other legislation may apply to a development, nor to monitor or
enforce compliance with such legislation.
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3.5 Development not requiring a Development Permit
The following developments and uses shall not require a development permit
provided they conform to all provisions of this Bylaw.
3.5.1 Those uses or developments exempted by provincial or federal
legislation.
3.5.2 The completion of a building which was lawfully under construction at
the date of the adoption of this Bylaw, provided that the building is
completed in accordance with the terms of any permit granted in
respect of it and subject to the conditions to which such permit was
granted.
3.5.3 Utility services underground or located in a registered right-of-way.
3.5.4 The temporary use of a building, in connection with a federal,
provincial or municipal election, referendum or census.
3.5.5 Specific uses:
a) agriculture, not including feedlots, hog barms, poultry farms and
fur farms;
b) foster home approved by the Province of Alberta.
3.5.6 Accessory buildings:
a) not exceeding 4.5 m in height and not exceeding a ground floor
area of 10 m2.
3.5.7 Accessory to residential uses:
a) minor development not exceeding 2.0 m in height, where there is
an existing dwelling. This includes, but is not limited to a
barbeque, composting bin, garbage enclosure, lawn sculpture,
privacy screen or bird feeder;
b) pergola not exceeding 4.5 m in height;
c) satellite dish less than 1.22 m in diameter,
d) unenclosed steps, landings or stairs (at grade);
e) deck or patio less than 0.6m in height;
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f) gate, fence, or retaining wall that conforms to Section 4.9;
g) non-permanent sun shelters over a deck or a patio;
h) air conditioning unit;
i) light standard or flagpole when located on a parcel containing a
dwelling;
j) decorative pond or water feature 0.6 m or less in depth;
k) private play structures less than 4.5 m in height;
l) home business minor subject to Section 5.12;
m) family day home
n) outdoor recreation amenities that are devoted to the use of
residents living on the same lot, including but not limited to, an
above ground pool, hot tub, backyard skating rink, putting green;
or
o) seasonal holiday decorations.
3.5.8 Demolition of a building or structure subject to Section 4.5.
3.5.9 Internal alterations, external maintenance, or repair to any building
provided that the use, intensity, height, or gross floor area of the
building does not change.
3.5.10 A change of tenancy within an existing premise in a commercial or
industrial Land Use District where:
a) the
Development
Officer
is
satisfied
that
the
existing
development permit is valid and the approval conditions are
being fulfilled; and
b) there is no change to the approved use; and
c) the existing parking contained on the parcel can accommodate
any additional parking required.
3.5.11 Clock towers, monuments, sculptures or federal, provincial or
municipal flags and their support structures, as well as other similar
aesthetic enhancements.
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3.5.12 A WECS, micro where mounted to a roof or attached to an accessory
building in accordance with the following provisions:
a) one (1) WECS, micro facility per lot;
b) the total height shall not project 3.0 m beyond the top of the
roofline of building or exceed the maximum height regulation of
the applicable land use district; and
c) no nuisance shall extend beyond the property boundary.
3.5.13 Site grading in accordance with an executed development
agreement.
3.5.14 Solar collector panels, subject to the following:
a) solar collector shall be located on the wall or roof of a building;
b) within all residential districts:
i) a solar collector mounted on a roof with a pitch of less than
4:12 must not extend beyond the outermost edge of the roof
but may project a maximum of 0.5m from the surface of the
roof when the solar collector is located 5.0m or less from a
side lot line, measured directly from any point along the side
property line; and
ii) in all other cases, 1.3m from the surface of the roof;
iii) a solar collector mounted on a roof with a pitch of 4:12 or
greater may project a maximum of 1.3m from the surface of
the roof and must not extend beyond the outermost edge of
the roof.
c) in all commercial, industrial and institutional districts:
i) a solar collector mounted on a roof with a pitch of less than a
4:12 may project a maximum of 2.0m from the surface of the
roof and must be located at least 1.0m from the edge of the
roof; and
ii) solar collector mounted on a roof with a pitch of 4:12 or
greater may project a maximum of 1.3m from the surface of
the roof and must not extend beyond the outermost edge of
the roof.
d) Solar collectors that are mounted on a wall:
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i) shall be located a minimum of 2.4m above grade; and
ii) may project a maximum of 0.6m from the surface of that wall.
3.5.15 Storage Containers (sea cans):
a) used for temporary storage of materials, household products
during the process of residential renovating or moving, for a
maximum time period of sixty (60) days;
3.5.16 Temporary/transient sales, which are, located on a lot within a
commercial District where there is a principal building and use. This
includes but is not limited to Christmas tree sales, outdoor craft sales
or windshield repair but does not include a farmers market.
3.6 DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
3.6.1 The Development Authority shall determine the number of paper or
electronic copies or both for a complete submission for an application
for development permit.
3.6.2 An application for a development permit shall be made on the
prescribed application form and be completed to the satisfaction of
the Development Authority, and include the following information:
a) signature of the owner or where applicable, the agent authorized
by the owner;
b) a copy of the Certificate of Title for the subject lands dated from
within thirty (30) days of the application date, copies of any
caveats or restrictive covenants registered by the Town, and any
other documents, satisfactory to the Development Authority,
verifying that the applicant has a legal interest in the lands;
c) the fee according to the Fees and Charges Bylaw of the Town;
d) for a principal building, a detailed site plan prepared by an
Alberta Land Surveyor; for an accessory building, a detailed site
plan to an appropriate scale. A site plan shall include:
i) legal description of the subject property;
ii) identification of all abutting roads, highways and road rights-
of- way, and any existing or future access to the proposed
development;
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iii) identification of all water bodies, water courses, drainage
courses and flood hazard areas on or abutting the lot or site;
iv) identification and location of all easements and rights-of-way
on- site or abutting the lot or site;
v) location
and
dimensions
of
existing
and
proposed
development including front, rear and side setbacks;
vi) location of existing and proposed utilities;
vii) proposed on-site parking and loading facilities including
location and dimensions of all aisles, the dimensions and
number of all parking spaces, curbing and location of any
lighting;
viii) location of proposed landscaping;
ix) location and access to garbage enclosures;
x) location and material of sidewalks, patios, steps, porches,
decks, playgrounds, amenity and open space areas, and
other similar features;
xi) location of any abandoned, suspended or active oil or gas
wells;
xii) north arrow, scale and date of drawing; and
xiii) a schedule showing the area of the lot or site, building area,
density, number of units, parking and loading spaces,
existing and proposed site grades, and a calculation of site
coverage, height and number of stories and floor area ratio.
e) for sites 8.1 ha or greater, the site plan may focus on the area of
development proposed on the lot or site, if all the required
information can be shown in the focus area;
f)
in the case of a multiple unit residential project, a detailed plan
showing the proposed unit locations and amenity areas within the
overall development area;
g) in the case of a development of a lot or site with multiple uses, a
master site plan and preliminary engineering plan for the entire
site to the satisfaction of the Development Authority;
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h) scaled floor plans showing all occupancies and uses, cross
section, foundation plan, elevations, perspective of the proposed
development including a description of the exterior finishing
materials;
i)
information from the Alberta Energy Regulator indicating that an
abandoned oil and gas well site search was conducted for any
proposed dwelling or building greater than 47m2;
j)
a traffic impact analysis stamped by a professional engineer or a
registered professional technologist accredited by APEGA, for a
development that regularly generates more than 100 trips in the
peak afternoon or evening;
k) any additional information as may be required by the
Development Authority to assess or evaluate the proposed
development. The Development Authority may require any or all
of the following to be prepared by an accredited professional
licensed to practice in Alberta:
i) site plan;
ii) Real Property Report to verify the location and dimensions of
existing development that is the subject of the development
permit application, or to confirm the location and dimensions of
other existing development;
iii) geotechnical report;
iv) parking assessment;
v) biophysical assessment;
vi) groundwater report;
vii) flood hazard mapping study;
viii) reclamation plan;
ix) landscape plan;
x) topographical survey;
xi) site grading or drainage plan;
xii) site servicing plan;
xiii) erosion or sediment control plan; and
xiv) any other report, study, plan or information.
3.6.3 An application for a development permit shall not be considered
complete until such time as the information required by the
Development Authority under Section 3.6 has been provided to the
satisfaction
of
the
Development
Authority.
However,
the
Development Authority may consider the application, if in its opinion
a decision can be made without some of the required information.
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3.7 Applications the Development Authority shall not accept
3.7.1 The Development Authority shall not accept a development permit
application when the proposed development is for a use that is
neither a permitted use, nor a discretionary use, in the applicable
Land Use District, or as otherwise stated within this Bylaw.
3.8 Deemed Refusal of a Development Permit
3.8.1 An application for a development permit shall, at the option of the
applicant, be deemed to be refused when the decision of the
Development Authority is not made within forty (40) days of receipt of
a complete application; unless the applicant has entered into an
agreement with the Development Authority to extend the forty (40)
day period.
3.9 Notification of Development Permit Approval
3.9.1 On the date on which the written decision was issued the
Development Authority shall send a notice of the decision by regular
mail, or by email if an email address is provided, to the applicant with
a copy to the owner and shall post notice of the decision for public
view in the Town office. Where an applicant picks up a copy of the
decision, mailing of the notice shall not be required. Bylaw 08/20
3.9.2 In addition to Section 3.9.1. on the date on which the written decision
was issued after approving a discretionary use, the Development
Authority shall provide notification of the decision, which shall include
the legal description, civic address, nature of the approved
development and right of appeal, by sending a notice by regular mail
to adjacent landowners as identified on the Town's Assessment roll.
Bylaw 08/20
3.9.3 On the date on which a variance was granted, the Development
Authority shall provide notification of the decision, which shall include
the legal description, civic address, nature of the variance and right of
appeal, by sending a notice by regular mail to adjacent landowners
as identified on the Town's Assessment roll. Bylaw 08/20
3.9.4 Where, in the opinion of the Development Authority, additional lots
may be affected by a discretionary use or by granting a variance,
additional landowners, individuals, or groups may be notified.
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3.10 Validity, Expiry, Revocation and Resubmission Interval of
Development Permits
3.10.1 Where a development permit has been issued by the Development
Authority, it shall not be valid unless and until the conditions of the
permit have been fulfilled and no notice of appeal has been served
on the Subdivision and Development Appeal Board within the appeal
period.
3.10.2 Where the Subdivision and Development Appeal Board has
approved a development permit, the permit shall not be valid until the
decision of the Board is issued in writing.
3.10.3 If the Subdivision and Development Appeal Board is served with
notice of an application for leave to appeal its decision, such notice
shall suspend the development permit, except where approval has
been granted for a permitted use or, where a license, permit,
approval or other authorization is granted by NRCB, ERCB, AER,
AEUB or AUC to the extent that the application complies with the
license, permit, approval or other authorization granted. The final
determination of an appeal, except for those applications approved
as a permitted use, by the NRCB, ERCB, AER, AEUB, or AUC shall
validate, amend or revoke, as the case may be, a suspended
development permit.
3.10.4 A development permit expires when, in the opinion of the
Development Authority and taking into account the circumstances of
the development, the development has not substantially commenced
within one (1) year from the date of its issuance or within such
extended period that may be granted by the Development Authority.
Development is considered to have commenced when the applicant
or owner has altered the parcel to further construction of the
proposed development.
3.10.5 Where a request to extend the approval period has been received
prior to permit expiry, the Development Authority may grant one (1)
extension of the effective period and the extension period shall not be
longer than twelve (12) months.
3.10.6 When a permit expires, a new application shall be required. Such
application shall be dealt with as a first application and there shall be
no obligation to approve it on the basis that a previous permit had
been issued.
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3.10.7 If a use is discontinued for a continuous period of six (6) months, any
subsequent use of the land or building shall comply with this Bylaw
and require a new development permit.
3.10.8 When the Development Authority has refused an application for a
development permit, another application for the same or substantially
the same development shall not be considered by the Development
Authority within one (1) year of the date of the refusal unless the
development conforms to this Bylaw.
3.10.9 The Development Authority may suspend or revoke a development
permit when:
a) the development permit was issued on the basis of incorrect
information or misrepresentation by the applicant, owner or
authorized agent; or
b) the development permit was issued in error; or
c) requested by an applicant.
3.11 Temporary Approvals
3.11.1 Where, in the opinion of the Development Authority, a proposed use
is of a temporary or discretionary nature, it may issue a temporary
development permit valid for a specific period of time, not to exceed
one (1) year.
3.11.2 Where a development is approved for a limited period, the
Development Authority:
a) shall require the cessation of use and removal of a temporary
development at the expiration of the time period stated in the
development permit; and
b) shall impose a condition that the Town is not liable for any costs
involved in the cessation or removal of the development at the
expiration of the time period stated in the permit.
3.11.3 The Development Authority may require the applicant to enter into an
agreement with the Town guaranteeing the removal of the temporary
development when the intended use is changed or discontinued. This
agreement may require the applicant to post security, guaranteeing
the removal of the development, to the satisfaction of the
Development
Authority.
Where
buildings
are
planned,
the
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Development Authority may require a security of $5000 or up to 25%
of the estimated value of the development, whichever is greater.
3.11.4 When a permit for a temporary use expires a new application shall be
required. There shall be no obligation to approve it on the basis that a
previous permit had been issued.
3.12 Discretion Exercised by the Development Authority
3.12.1 The Development Authority may approve a permitted use or
discretionary use that does not comply with this Bylaw subject to
conditions that will make it otherwise comply.
3.12.2 The Development Authority may approve a discretionary use
provided that the Development Authority determines that the
proposed development:
a) is consistent with an applicable Statutory Plan, and policies
adopted by the Town;
b) is compatible with the general purpose of the Land Use District;
c) will not cause traffic impacts (in terms of daily and peak hour trip
generation) and parking impacts unsuitable for the area;
d) is serviceable with a road and adequate capacity for drainage,
water, sewage and other utilities;
e) is compatible with surrounding areas in terms of land use, scale
of development, and potential effects on the stability or
rehabilitation of the area;
f) is appropriate having regard for geotechnical considerations such
as water table location, potential for flooding and slope stability;
g) will not cause a negative effect on community services and
facilities such as schools, parks, fire protection, and health;
h) any potential adverse effect can be adequately mitigated;
i)
is consistent with municipal land, right-of-way or easement
requirements; and
j)
the proposed development does not create a nuisance.
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3.12.3 In determining the significance of a nuisance, the Development
Authority may consider:
a) the expected magnitude and consequence of the effect or
nuisance;
b) the expected extent, frequency, and duration of exposure to the
effect or nuisance;
c) the use and sensitivity of adjacent or nearby sites relative to the
effect or nuisance;
d) adherence to relevant environmental legislation or widely
recognized performance standards; and
e) the reliability and record of the proposed methods, equipment
and techniques in controlling or mitigating detrimental effects or
nuisances.
3.12.4 The Development Authority may be guided in the exercise of
discretion through reference to reports, studies or information
prepared by an accredited professional that justify alternatives to
Bylaw requirements or mitigation.
3.12.5 The Development Authority may consider, but not be bound by, any
known concerns and opinions of affected residents, landowners, and
adjacent municipalities.
3.12.6 The Development Authority may approve a discretionary use with or
without conditions, with or without changes in the development, or
with or without the imposition of regulations that are more restrictive
than those in the Land Use District, the General Regulations found in
Part 4 of this Bylaw, or the Specific Use Regulations found in Part 5
of this Bylaw.
3.13 Variances
3.13.1.The Development Authority may grant a variance and approve a
development permit for a permitted use or discretionary use, with or
without conditions, which does not comply with the regulations of this
Bylaw, provided that the Development Authority determines that:
a) the proposed development is consistent with the general purpose
or character of the Land Use District;
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b) the proposed development conforms with the uses prescribed by
this Bylaw for that lot or building;
c) the proposed development is appropriate to the size of the lot;
d) the proposed development would not unduly interfere with the
amenities of the neighbourhood or would not materially interfere
with or affect the use, enjoyment or value of adjacent parcels of
land;
e) there are physical factors unique to the land which would result in
practical difficulties for the proposed development to comply with
the provisions of this Bylaw; and
f) there are mechanisms to mitigate the effect on adjacent lots.
3.13.2 The Development Authority may consider, but not be bound by, any
known concerns and opinions of affected residents and landowners.
3.13.3 The Development Authority may grant a variance and approve a
development permit for a non-conforming building, provided that the
Development Authority determines, in addition to the provisions of
Section 3.13.1, that the variance considers the attainment of
municipal planning objectives that caused the building to be made
non-conforming.
3.13.4 Despite Section 3.13.1, the Development Authority shall not grant a
variance:
b) greater than 10% to the applicable maximum building height
regulation in a Land Use District;
c) to a setback from a pipeline right-of-way;
d) to floor area ratio; or
e) to density.
3.13.5 Despite Section 3.13.1, the Development Authority shall not grant a
variance beyond that which is specifically provided for elsewhere in
the Bylaw or in the Municipal Government Act.
3.13.6 The Development Authority may be guided when considering a
variance through reference to reports, studies or information
prepared by an accredited professional.
17
3.13.7 When a development requires a variance as a result of a prior land
acquisition by a municipal, provincial or federal agency or public
utility, the Development Authority shall take into account the setback
and lot area requirements that existed prior to the acquisition when
considering the variance.
3.14 Appeals
3.14.1 If the Development Authority:
a) does not make a decision within forty (40) days of a complete
application or within any time extension;
b) refuses to issue a development permit to a person;
c) issues a development permit subject to conditions; or
d) issues a stop order;
i)
the person applying for the permit or affected by the stop
order may then appeal to the Subdivision and Development
Appeal Board.
3.14.2In addition to an applicant, any person affected by an order, decision
or development permit made or issued by the Development Officer
may appeal the decision to the Subdivision and Development Appeal
Board. However, no appeal lies in respect of the issuance of a
development permit for a permitted use unless the provisions of this
Bylaw were relaxed, varied, or misinterpreted.
3.14.3An appeal by an applicant or a person affected by a stop order is
commenced by filing a notice of the appeal, with reasons, to the
Subdivision and Development Appeal Board within twenty-one (21)
days of receipt of the notification of the decision of the development
permit or the stop order, or when the forty (40) day period or any time
extension under Section 3.14.1 a) above expires. Bylaw 08/20
3.14.4An appeal by any other affected person shall be made within twenty-
one (21) days of the date on which the notice of the issuance of the
permit was given in accordance with this Bylaw. Bylaw 08/20
3.14.6The Subdivision and Development Appeal Board shall consider and
make decisions on appeals pursuant to the Municipal Government
Act.