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PART 2 - ADMINISTRATION, PROCEDURES AND
ENFORCEMENT
ADMINISTRATION
2.1. Development Authority and Subdivision Authority
2.1.1 The position of Development Authority is established in accordance
with Section 624 of the Municipal Government Act, as amended.
a) The Chief Administrative Officer shall constitute the Development
Authority for the Town and shall perform duties in accordance with
the Municipal Government Act, the Subdivision and Development
Regulation and this Bylaw.
2.1.2 For administration of this Bylaw, the Development Authority shall
delegate responsibility to:
a) any Town employee, person or organization designated as the
Development Officer for the Town.
2.1.3 The position of Subdivision Authority is established in accordance
with Section 623 of the Municipal Government Act, as amended and
the Towns Subdivision Authority Bylaw.
2.2 General Interpretation
2.2.1 Any reference in this Bylaw to other legislation or documents shall be
a reference to the bylaw or legislation then in effect and shall include
all amendments and any successor legislation.
2.3 Rules of Interpretation
2.3.1 In this Bylaw:
a) words in singular include the plural and words in the plural include
the singular, where the context requires;
b) words used in the present tense include the other tenses and
derivative forms;
c) words using masculine gender include feminine gender and,
words using feminine gender include masculine gender;
d) words in either gender include corporations;
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e) "shall", "must", and "required" are to be construed as a
compulsory obligation; subject to the variance provisions of this
Bylaw pursuant to the Municipal Government Act;
f) "may" is to be interpreted as meaning that a choice is available,
with no particular direction or guidance intended;
g) "should" is an operative word, which means that, in order to
achieve municipal goals and objectives, it is strongly advised that
the action be taken. Exceptions may be made only under
extenuating circumstances;
h) words, phrases, and terms not defined in this Section of the Bylaw
may be given their definition in the Municipal Government Act.
Other words shall be given their usual and customary meaning;
i) a "person" includes an individual, partnership, association,
corporation, firm, trustee, executor, administrator and legal
representative of a person; and
j) an "individual" does not include a corporation or other types of
persons who are not human beings.
2.4
Establishment of Land Use Districts
2.4.1 The provisions of this Bylaw apply to all lands within the limits of the
Town of Lamont. All lands subject to this Bylaw are contained within
one of the following Land Use Districts:
LAND USE DISTRICTS
SYMBOL
SINGLE FAMILY DETACHED
R1
LOW DENSITY RESIDENTIAL
R2
LOW TO MEDIUM DENSITY MULTI RESIDENTIAL
R3
MEDIUM DENSITY MULTI RESIDENTIAL
R4
RESIDENTIAL MODULAR HOME Bylaw 08/20
R5
CENTRAL BUSINESS COMMERCIAL
C1
GENERAL COMMERCIAL
C2
HIGHWAY COMMERCIAL
C3
BUSINESS INDUSTRIAL
M1
RECREATION PR
PUBLIC SERVICES PS
PUBLIC UTILITIES PU
FUTURE DEVELOPMENT
FD
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2.5
Land Use Map Boundaries
2.5.1 The boundaries of the Land Use Districts are shown on the Land
Use Plan shown in Part 10 of this Bylaw.
2.5.2 Where a Land Use District boundary is uncertain; it shall be located
based on the following:
a) the municipal boundaries; or
b) the edge of a property line or parcel boundary; or
c) the edge, shoreline, or high water mark of a river, lake, or other
water body, or a topographic contour line, or a top of bank line. In
the event of change in a line, the Land Use District boundary shall
continue to align with the edge or shoreline; or
d) the centerline of a road, lane, railway, pipeline, power line, utility
right- of-way, or easement.
2.5.3 Where a Land Use District boundary is shown to be generally parallel
to, or as an extension to, any of the features listed above, it shall be
considered as such.
2.5.4 Where the Land Use District boundary is in dispute, its location shall
be determined by the Development Authority on the basis of the
scale of the Land Use Maps.
2.5.5 Where the Development Authority is unable to determine a Land Use
District boundary or overlay boundary by applying the above
provisions, they shall fix the boundary in doubt or dispute in a manner
otherwise consistent with the provisions of this Bylaw and with the
degree of detail as to measurements and directions as circumstances
require. The decision of the Development Authority may be appealed
to the Subdivision and Development Appeal Board.
2.5.6 Where a road or lane is closed, it shall have the same Land Use
District as the abutting property. When different Land Use Districts
govern abutting lands, the centerline of the road or lane shall be the
boundary unless it is shown clearly following the edge of the road or
lane. If the road or lane is consolidated with an adjacent lot, the
designation of that lot shall apply to affected portions of the closed
lane or road.
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PROCEDURES
2.6
Land Use Bylaw Amendment Application
2.6.1. An application to amend the text of this Bylaw or a Schedule may be
made in writing to the Town by:
a) the owner of a lot or site; or
b) the Town.
2.6.2. The application shall be made on a form prescribed by the Town,
which shall be completed and accompanied by all required
information, in accordance with Town policies and procedures and
this Bylaw.
2.6.3. A completed application shall require the following:
a) a certificate of title from within thirty (30) days prior to the
application date;
b) owner authorization and where applicable, an applicant signature;
c) a map showing the proposed change within the context of adjacent
land;
d) a written statement to describe and justify the proposal;
e) the required application and advertising fees;
f) permission for reasonable right-of-entry by Town staff for
inspection; and
g) any additional report, drawing or study that may be required, in
order to prepare, evaluate, and make a recommendation
concerning the proposed amendment. This may include, but is not
limited to, an analysis by a qualified professional of the potential
effect on land use, traffic, the environment, underground and
aboveground utilities, and other municipal services and facilities.
This information may be required to address the following:
i) consistency with the Municipal Development Plan and other
statutory plans or policies adopted by the Town of Lamont;
ii) other Town plans and policies.
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2.6.4. In addition to Section 2.6.3, at the discretion of the Town, an
application may include documentation of the opinions and concerns
of adjacent property owners and residents obtained through a public
engagement program, together with a summary of the methods used
to obtain such input.
An application may be considered incomplete where:
a) information required by Section 2.6.2 or 2.6.3 or 2.6.4 is not
provided;
b) the quality of the information provided is inadequate to properly
evaluate the application;
c) the Town determines that the application does not conform to an
applicable Statutory Plan. In this case the applicant may be
required to submit a complete application, fee and required plans
to amend the applicable Statutory Plan prior to an application to
amend this Bylaw being considered as complete; or
d) the Town determines that an Area Structure Plan or Area
Redevelopment Plan is required in accordance with the MDP or
Town policy. In this case the applicant may be required to submit
an Area Structure Plan or Area Redevelopment Plan prepared in
accordance with Town policy prior to considering the application to
amend this Bylaw complete.
2.6.5 Upon deeming an application complete, the application shall be
processed and an investigation and analysis of the potential effects
and impacts of the proposal will be undertaken.
2.6.6 Referral and notification of an amendment application to applicable
Town departments, other agencies and bodies, adjacent owners and
the public shall occur in accordance with the Municipal Government
Act, the Municipal Development Plan, this Bylaw and Town policies
and procedures.
2.6.7 At the discretion of the Development Authority, the applicant for an
application to amend the Land Use Plan may be required to post a
notification sign on the lot or site within fourteen (14) days of an
application being deemed complete. Proof of the notification sign
being posted on the lot or site in accordance with the above shall be
provided upon placement of the sign. Bylaw 08/20
All required notification signs shall:
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a) have a sign face of at least 1.2 m by 1.2 m;
b) be approved by the Town for form and content prior to installation;
Bylaw 08/20
c) indicate the present Land Use District, proposed Land Use District,
and a general description of the proposed uses that could be
developed under the proposed Land Use District;
d) deleted Bylaw 08/20
e) provide the Town contact phone number;
f) be placed inside the property line in a location clearly visible from
the road;
g) deleted Bylaw 08/20
h) deleted Bylaw 08/20
i) be in place until the Public Hearing is completed or the application
is abandoned; and
j) be removed within seven (7) days of the completion of the Public
Hearing or abandonment of the application.
2.6.8 Where an application to amend the Land Use Plan is received, a
Notice of a Public Hearing for the application in accordance with the
Municipal Government Act shall be mailed to the owners(s) of the
subject lot(s) and the owners of all lots adjacent to and within 60 m
from the lot(s) that is the subject of the proposed amendment.
2.6.9 Where a text amendment relates to a specific parcel of land, notice of
the text amendment application shall be mailed to the owner(s) of the
property that is the subject of the application and adjacent owners in
accordance with Section 2.6.8.
2.6.9 A Notice of a Public Hearing in accordance with the Municipal
Government Act, as amended, for an application to amend the Land
Use Plan or text of this Bylaw shall be published once a week for two
(2) consecutive weeks in at least one local newspaper circulating in
the Town.
2.6.10When an application to amend either the Land Use Plan or the text
of this Bylaw has been defeated by Council, the Town shall not
accept a new application for the same or substantially the same
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amendment until one (1) year has passed from the date the motion to
amend the Bylaw was defeated.
2.6.11 Despite Section 2.6.10, a new application may be accepted within
one (1) year of the Bylaw amendment being defeated, provided the
Town is satisfied that a new application generally addresses the
reasons for the initial Bylaw amendment being defeated.
2.7
Subdivision Applications
2.7.1 If an application for a Development Permit requires the subdivision of
land prior to the issuance of a Development Permit, no permit shall
be issued until a plan of subdivision for the land has been registered
in the Alberta Land Titles Office.
ENFORCEMENT
2.8 General Provisions
2.8.1 Enforcement may be conducted by a Designated Officer through the
issuance of a violation warning, warning notice, final warning notice,
stop order, violation tags or any other authorized action to ensure
compliance.
2. 9 Prohibitions
2.9.1 No person shall contravene or permit a contravention of this Bylaw.
No person shall commence or undertake a development, use, or sign
that is not permitted by this Bylaw.
2.9.2 No person shall contravene a condition of a development permit or
subdivision approval issued under this Bylaw.
2.9.3 No person shall authorize or undertake any development that is not
compliant with the description, specifications or plans that were the
basis for the issuance of a development permit.
2.9.4 No person shall modify any description, specifications, or plans that
were the basis for the issuance of any permit by the Development
Authority.
2.10 Right of Entry
2.10.1 Upon reasonable notice (generally to mean 48 hours) to the owner
or
occupant, in accordance with the Municipal Government Act,
a Designated Officer may enter property at reasonable times
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(generally to mean 7:30 a.m. to 10:00 p.m.) to ascertain if Bylaw
requirements are being met.
2.10.2A person shall not prevent or obstruct a Designated Officer from
carrying out any official duty under this Bylaw. If consent is not given,
the Town may apply to the Court of Queen's Bench for an authorizing
order.
2.11 Violation Warning
2.11.1A Designated Officer may issue a violation warning for minor
offences by outlining the nature of the violation, corrective measures
that may be taken, and the deadline for corrective measures.
2.12 Warning and Final Warning Notice
2.12.1A Designated Officer may issue a warning notice or a final warning
outlining the nature of the violation, corrective measures that may be
taken, and the deadline for corrective measures, or both.
2.13 Offenses and Fines
2.13.1A person who violates the provisions of this Bylaw or permits a
contravention of this Bylaw, is guilty of an offence and is liable to a
fine for a first offence and for each subsequent offense as specified
in the Fees and Charges Bylaw.
2.14 Stop Orders
2.14.1On finding that a development, land use, or use of a building does
not conform to the Municipal Government Act or its regulations, a
development permit or subdivision approval or the conditions of
either, or this Bylaw, the Development Authority may, by written
notice, direct the owner of the property, the person in possession of
the land, building, or sign, or the person responsible for a
contravention or any or all of them, to:
a) stop the development or use of the land or building in whole or
part as directed by the notice;
b) demolish, remove, or replace the development or landscaping; or
c) carry out any other actions required by the notice for compliance.
2.14.2 The notice shall specify a deadline for compliance.
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2.14.3A person named in a stop order may appeal to the Subdivision and
Development Appeal Board.
2.15 Enforcement of Stop Orders
2.15.1Subject to Section 542 of the Municipal Government Act, if a person
fails to comply with the order of the Development Authority, a
Designated Officer, or the Subdivision and Development Appeal
Board, a Designated Officer may enter on the land or building and
take any action necessary to carry out the order.
2.15.2The Town may register a caveat against the certificate of title for the
land that is subject to the order, provided that the caveat is
discharged when the order has been complied with.
2.15.3The Town's costs of carrying out any actions required for compliance
may be added to the tax roll of the land subject to the order.
2.16 Sign Enforcement
2.16.1 A Designated Officer may enforce the conditions of a development
permit for a sign in accordance with Part 8 of this Bylaw.