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PART 1 - INTERPRETATION OF THIS BYLAW
1.1 Title
1.1.1 Title: This Bylaw is the Town of Lamont Land Use Bylaw.
1.2 Effective Date of Bylaw
1.2.1 This Bylaw repeals Land Use Bylaw No. 07/07, the Land Use District
Maps and any amendments thereto.
1.2.2 This Bylaw shall come into effect at such time as it has received third
reading and has been duly executed by the authorized signatories for
the Town.
1.3 Purpose
1.3.1 The purpose of this Bylaw is to regulate the use and development of
land and buildings within the Town and to achieve the orderly and
economic development of land and, to that purpose, among other
things:
a) to implement the policies of the Towns' Municipal Development
Plan and Statutory Plans;
b) to divide the Town into Land Use Districts;
c) to prescribe and regulate for each Land Use District the purpose
for which land and buildings may be used;
d) to establish supplementary regulations governing certain specific
land uses;
e) to establish a Development Authority;
f) to establish a method of making decisions on applications for
development permits including the issuing of development permits
and dealing with appeals;
g) to prescribe a procedure to notify owners of land who may be
affected by the issuing of a development permit; and,
h) to prescribe a procedure for making amendments to this Bylaw.
1.3.2. This Bylaw shall be applied in a manner that implements Statutory
Plans, which have been adopted by the Town and, that is consistent
with the Municipal Government Act, as amended
1.4 Purpose Statements
1.4.1. The purpose statements in each Land Use District are included to
describe the intent of the Land Use District. The use and
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development activity within each Land Use District should reflect its
purpose.
1.5 Bylaw Compliance
1.5.1 Except as otherwise provided a person may not commence any
development unless the person has been issued a development
permit pursuant to the Land Use Bylaw.
1.5.2 Where a Development Permit is not required; a development shall
comply with all regulations of this Bylaw and all other applicable
statutes.
1.5.3 A license, permit, approval or authorization granted by the Natural
Resources Conservation Board (NRCB), Alberta Energy Regulator
(AER) or Alberta Utilities Commission (AUC) shall prevail over any
Statutory Plan, Land Use Bylaw, subdivision decision or development
decision by a Development Authority, Subdivision Authority,
Subdivision and Development Appeal Board or the Municipal
Government Board, in accordance with the Municipal Government
Act, as amended.
1.6 Compliance with Other Legislation
1.6.1 Compliance with this Bylaw does not exempt a person from
complying with the requirements of any federal, provincial or
municipal legislation and any easement, covenant, agreement or
contract affecting a development.
1.7 Non-Conforming Buildings and Uses
1.7.1 If a Development Permit has been issued on or before the effective
date of this Bylaw or an amendment hereto, and the Bylaw would
make the development for which the Development Permit was issued
a non-conforming use or non-conforming building, the Development
Permit shall continue in effect in spite of the Bylaw or amendment
coming into force.
1.7.2 A non-conforming use of land or a building may be continued, but if it
is discontinued for a period of six (6) consecutive months or more,
any future use of the land or building shall conform to this Bylaw.
1.7.3 A non-conforming use of part of a building may be extended
throughout the building, but the building, whether or not it is a non-
conforming building, shall not be enlarged or added to and no
structural alterations shall be made to or in it.
1.7.4 A non-conforming use of part of a parcel shall not be extended or
transferred in whole or in part to any other part of the parcel and no
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additional buildings shall be constructed on the parcel while the non-
conforming use continues.
1.7.5 A non-conforming building may continue to be used, but the building
shall not be enlarged, added to, rebuilt or structurally altered, except:
a) to make it a conforming building;
b) for the routine maintenance of the building if the Development
Authority considers it necessary.
1.7.6 Despite Section 1.7.5, the Development Officer may consider a
variance in any land use district, an enlargement, alteration, or
addition to a legal non-conforming building if the non-conforming
building complies with the uses listed for that land use district in this
Bylaw and the proposed development would not, in the opinion of the
Development Officer:
a) unduly interfere with the amenities of the neighborhood; and
b) materially interfere with or affect the use, enjoyment or value of
neighboring properties.
1.7.7 If a non-conforming building is damaged or destroyed to the extent of
more than 75% of the value of the building above its foundation, the
building shall not be repaired or rebuilt except in accordance with this
Bylaw.
1.7.8 The land use or the use of a building shall not be affected by a
change in ownership or tenancy of the land or building.
1.8 Transition
1.8.1 If a complete application for a subdivision or development permit is
received by the Development Authority before the coming into force
of this Land Use Bylaw, that application will be determined in
accordance with Land Use Bylaw No. 07/07, unless the applicant
elects in writing to have the application determined in accordance
with the provisions of this Bylaw.
1.9 Severability
1.9.1 If any portion of this Bylaw is held to be invalid by a decision of a
court of competent jurisdiction, such decision does not affect the
validity of the remaining portions of this Bylaw.