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PART 3 - DEVELOPMENT APPLICATIONS AND PROCESS
3.1 Development Applications
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 conditions; 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 1.7 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 District maps;
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, as defined in the
Municipal Government Act as amended, that are necessary to serve
the development;
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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 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.
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.
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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 and conditions of the approved
development permit.
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 barns, poultry farms and fur
farms, where agriculture is a listed use in the land use district;
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;
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;
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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 5.13;
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.
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
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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 panels, subject to the following:
a) solar panels shall be located on the wall or roof of a building;
b) in all residential districts:
i) solar panels 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
panel 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) solar panels 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) solar panels 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 panels 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 panels that are mounted on a wall:
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
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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. Information required may include all or some
of the following information as determined by the Development
Authority:
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 development permit application fee as established by 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;
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;
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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;
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;
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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.
3.7 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 A decision of a Development Authority on an application for a
development permit must be in writing and, a copy of the decision
together with a written notice specifying the date on which the written
decision was given and containing any other information required by
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the regulations, must be given or sent to the applicant on the same day
as the written decision is given.
a) Notice of the decision shall be by regular mail or by email, if an email
address is provided, to the applicant/landowner. Where an applicant
picks up a copy of the decision, mailing or emailing of the notice shall
not be required.
3.9.2 The Development Authority shall provide notification to adjacent
landowners of the decision on a discretionary use or a variance, which
shall include the legal description, civic address, nature of the
development and right of appeal. Notice to the adjacent landowners
must be given or sent on the same day as the written decision is given
under Section 3.9.1.
3.9.3 Where, in the opinion of the Development Authority, additional lands
may be affected by a discretionary use or by granting a variance,
additional landowners, individuals, or groups may be notified.
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
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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.
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:
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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 temporary buildings are planned, the Development
Authority may require a security of $5,000.00 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;
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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.
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.
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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;
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.
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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.
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) fails or refuses to issue a development permit to a person;
b) issues a development permit subject to conditions, or
c) issues a stop order;
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 Authority may
appeal the decision to the Subdivision and Development Appeal Board.
3.14.3No 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.
3.14.4An appeal by an applicant or a person affected by 3.1.4 b) or 3.14.1 is
commenced by filing a notice of the appeal, with reasons, to the
Subdivision and Development Appeal Board within twenty one (21)
days of the date of the decision on the development permit or the stop
order.
3.14.5The Subdivision and Development Appeal Board shall consider and
make decisions on appeals pursuant to the Municipal Government Act.