Part 2 Administrative Provisions

2.1. Development Authorities Established

2.1.1.            The Director is both a Development Authority and a Designated Officer, with powers and duties as set out in this Bylaw.

2.1.2.            The Director may delegate in writing any of the powers and duties of the Development Authority, to one or more employees of the Municipality, except to the extent limited by a provision of this Bylaw.

2.1.3.            If the Director has delegated any or all the powers and duties of the Development Authority, the delegate shall not further sub-delegate such powers or duties.

2.2. Powers, Duties and Decisions of Development Authorities

2.2.1.             The Development Authority has the authority to issue a development permit.

2.2.2.             Permitted Uses

(a)       The Development Authority:

i.       shall approve a development permit for a permitted use, with or without conditions consistent with Part 2 Sections 2.2.7 and 2.2.8, and issue a development permit accordingly if the development conforms with this Bylaw; or

ii.      shall treat a development permit as a discretionary use, if the development does not conform to this Bylaw.

2.2.3.             Discretionary Uses

(a)       The Development Authority:

i.       may approve a development that conforms to this Bylaw, with or without conditions consistent with Part 2 Sections 2.2.7 and 2.2.8, and either issue a development permit accordingly or:

ii.      may refuse to issue a development permit even though the development conforms to this Bylaw based on any consideration set out in Part 2 Section 2.2.3(b) of this Bylaw or such grounds that, in the discretion of the Development Authority, warrant refusal rather than an approval with conditions.

(b)       When making a decision on a development permit for a discretionary use the Development Authority shall take into account:

i.       any relevant statutory plan or approved planning policy affecting the parcel;

ii.      the purpose statements in the applicable land use district;

iii.    the appropriateness of the location and parcel for the proposed development;

iv.    the compatibility and impact of the proposed development with respect to adjacent development and the neighbourhood;

v.      the planning merits of the proposed development;

vi.    the servicing requirements;

vii.   access and transportation requirements;

viii. vehicle and pedestrian circulation within the parcel;

ix.    the impact on the public transit system;

x.      the environmental hazard risk of the site; and,

xi.    sound planning principles.

2.2.4.             Similar Uses

(a)   In determining whether a proposed development may be a similar use, a Development Authority shall be satisfied the proposed development:

i.       is consistent with the purpose statement of the district; and,

ii.      is comparable in character to a use listed within that land use district.

2.2.5.            Within twenty (20) days after the receipt of an application for a development permit, the Development Authority shall;

(a)       provide written confirmation to the applicant that the application is complete if, in the opinion of the Development Authority, the application contains the documents and other information necessary to review the application; or,

(b)       enter into written agreement with the applicant extending the time period.

2.2.6.            The Development Authority shall make its decision on development permit applications within forty (40) days of the date on which the application is deemed complete. The forty (40) day review period may be extended in writing by agreement between the Development Authority and the applicant. 

2.2.7.             A Development Authority may impose conditions of approval on a development permit based on any or all of the following criteria, regardless of whether the development is a permitted use or a discretionary use:

(a)       the application of the provisions of any relevant statutory plan or approved planning policy;

(b)       the application of general land use planning considerations or principles;

(c)       ensuring that the development will comply with the Engineering Servicing Standard; and

(d)       ensuring compliance with any provision of this Bylaw, which may include a condition requiring an applicant to post security for performance of conditions of approval or obtain a development completion certificate or both.

2.2.8.            The Development Authority may further impose as a condition of approval of a development permit with respect to any matters that the Development Authority deems appropriate including but not limited to any of the following:

(a)       a requirement that the applicant enter into an agreement with the Municipality, to the satisfaction of the Development Authority, to provide for any matter or thing relevant to the development or to the relationship between the applicant and the Municipality resulting from or relating to the development that falls within the scope of the permissible subject matter for agreements described in sections 650 or 651 of the Act;

(b)       a specified time limit on the duration of development approval in the case of a development permit for a discretionary use;

(c)       a real property report following the completion of an approved development to be provided prior to issuance of a development completion certificate;

(d)       a requirement that the applicant provide a security deposit in a form acceptable to the Development Authority for, including but not limited to grading, servicing, access, construction fencing, landscaping and for any maintenance, repairs or improvements associated with the development, or for repair of roads, sidewalks, or boulevards that may be damaged during development;

(e)       a requirement that an “as built” lot grading plan prepared by and stamped by an Alberta land surveyor be submitted to the satisfaction of the Development Authority;

(f)        limiting hours of operation;

(g)       regarding the emission of fumes and odour, air and water pollution or other contaminants, creation of dust, light pollution, and volume or type of traffic;

(h)       phasing of the development;

(i)         establishing landscaping requirements;

(j)         requiring noise attenuation;

(k)       requiring special parking provisions;

(l)         regarding the location, character and appearance of buildings;

(m)     regarding the grading of a site; or,

(n)       regarding maintenance of the proposed development in accordance with the approved plans.

2.2.9.             If the Development Authority refuses an application for a development permit, the Development Authority must issue to the applicant a notice that the application has been refused and provide the reasons for the refusal.

2.2.10.        Despite provisions or requirements in this Bylaw, the Development Authority may establish more stringent standards for discretionary uses when deemed appropriate.

2.2.11.         The Development Authority has the authority to create, amend, publish and prescribe forms, procedures, protocols, requirements, and guidelines that are consistent with this Bylaw, in respect of applications for a development permit, a subdivision, an amendment to this Bylaw, a compliance certificate or any other application under this Bylaw.

2.3. Variance Authority

2.3.1.            Unless a specific provision of this Bylaw states otherwise, a Development Authority may make a decision on a development permit application even though the proposed development does not comply with the land use bylaw or is a non-conforming building if in the opinion of the Development Authority,

(a)       The proposed development conforms with the use prescribed for that land or building in the land use bylaw; and,

(b)       The proposed development would not:

i.       unduly interfere with the amenities of the neighbourhood,

ii.      materially interfere with or affect the use, enjoyment, or value of neighbouring parcels of land, or

iii.    interfere with or increase the risk to public safety, particularly with respect to wildfire risk.

2.3.2.             The Development Authority may allow a variance:

(a)       For front, side and rear yard setbacks:

i.       up to one hundred percent (100%) for principal and accessory buildings existing on site prior to the adoption of this Bylaw; or,

ii.      up to ten percent (10%) for new principal and accessory buildings.

(b)       For building height:

i.       up to ten percent (10%).

(c)       For lot coverage:

i.       up to five percent (5%) of the maximum total lot coverage.

ii.      up to two percent (2%) of the maximum lot coverage for accessory buildings.

(d)       For block length:

i.       Up to ten percent (10%) of the maximum block length.

(e)       For separation distance from a cannabis retail store or a cannabis production and distribution facility to a specified use as identified in this Bylaw:

i.       Up to ten percent (10%), provided all other requirements are met.

(f)        For an enlargement, addition, re-construction, or structural alteration to a non-conforming building:

i.       in a residential building where such enlargement, addition, re-construction, or structural alteration is less than five percent (5%) of the gross floor area or 100.0sq m, whichever is greater, provided that there is no increase in the number of dwelling units; or,

ii.      in a non-residential building where such enlargement, addition, re-construction, or structural alteration is less than five percent (5%) of the gross floor area or 100.0sq m, whichever is greater.

2.3.3.            A variance will not be allowed if the granting of the variance results in a development which does not meet the requirements of the Subdivision and Development Regulation.

2.3.4.            The Development Authority may allow a variance to on-site parking requirements in Part 7 subject to the following considerations:

(a)       a five percent (5%) reduction to the minimum on-site parking requirements for sites located within 200.0m of a transit stop;

(b)       additional parking stalls required at the time of intensifying or changing the use of land may be varied by twenty percent (20%) if a parking study prepared by a professional to the satisfaction of the Development Authority demonstrates that the existing parking is sufficient for the new development or use;

(c)       for development in the Urban Service Area requiring more than two hundred and fifty (250) parking stalls a reduction up to a maximum of ten percent (10%) of the parking requirements may be considered if substantiated by a parking study prepared by a professional to the satisfaction of the Development Authority and is subject to review and approval of the Development Authority;

(d)       for development in the Rural Service Area where more than one hundred (100) parking stalls are required the Development Authority may consider up to a maximum of twenty percent (20%) reduction on parking requirements if the reduction is substantiated by a parking study prepared by a professional to the satisfaction of the Development Authority and is subject to review and approval of the Development Authority.

2.3.5.            The bicycle parking stalls requirements in Part 7 may be varied at the discretion of the Development Authority up to fifty percent (50%) of the maximum required bicycle parking stalls.

2.3.6.            In the Rural Service Area, the Development Authority may approve a variance on the minimum on-site parking stalls requirements if:

(a)       The development exceeds 15 parking stalls and is for one or more of the following land use categories:

i.       accommodation and food establishments;

ii.      businesses (commercial/industrial);

iii.    education, government and health services;

iv.    retail; or,

v.      social and recreational services.

(b)       For any variance to the parking requirements, the Development Authority may require a parking study to satisfaction of the Development Authority.

2.3.7.            Subject to the development permit application for a cannabis production and distribution facility meeting all other requirements in Part 5 Section 5.12, the Development Authority may vary the separation distances by up to 10%.

2.3.8.            Subject to the development permit application for a cannabis retail store meeting all other requirements in Part 5 Section 5.13, the Development Authority may vary the separation distances by up to 10%.

2.3.9.             Developments not requiring a development permit are not subject to a variance.

2.4. Non-Conforming Uses and Buildings

2.4.1.            If a development permit has been issued on or before the day on which a land use bylaw or a land use amendment bylaw comes into force in the Municipality and the bylaw would make the development in respect of which the permit was issued a non-conforming use or non-conforming building, the development permit continues in effect in spite of the coming into force of the bylaw.

2.4.2.            A non-conforming use of land or a building may be continued but if that use is discontinued for a period of six (6) consecutive months or more, any future use of the land or building shall conform with the land use bylaw then in effect.

2.4.3.            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, may not be enlarged or added to and no structural alterations may be made to it or in it.

2.4.4.            A non-conforming use of part of a lot may not be extended or transferred in whole or in part to any other part of the lot and no additional buildings may be constructed on the lot while the non-conforming use continues.

2.4.5.            A non-conforming building may continue to be used but the building may not be enlarged, added to, rebuilt or structurally altered except:

(a)       to make it a conforming building,

(b)       for routine maintenance of the building, if the Development Authority considers it necessary, or

(c)       in accordance with this Bylaw which provides minor variance powers to the Development Authority for the purposes of this section.

2.4.6.            If a non-conforming building is damaged or destroyed to the extent of more than seventy-five percent (75%) of the value of the building above its foundation, the building may not be repaired or rebuilt except in accordance with the land use bylaw.

2.4.7.           The land use or the use of a building is not affected by a change of ownership or tenancy of the land or building.

2.4.8.            For parcels created prior to the adoption of this Bylaw, the Development Authority may vary the requirements of this Bylaw and issue a development permit despite the parcel’s non-conformance with the dimensions or area requirements of this Bylaw.

2.4.9.            Within a non-conforming building, enlargements or additions to a building, or accessory buildings that constitute less than ten percent (10%) of the building or 100.0sq m in gross floor area, whichever is greater, may be permitted provided that such extensions do not result in an increase in the number of dwellings within the building or on the parcel.

2.4.10.        A building constructed prior to the effective date of this Bylaw, approved by the Development Authority under the rules of the then applicable land use bylaw, remain the requirements until further development occurs on the lot.

2.5. Development Permit Application Requirements

2.5.1.             A development permit application shall:

(a)       be made to the Development Authority on the prescribed development permit application form and shall be signed by the owner or his agent; and,

(b)       be accompanied by the required information prescribed in a development permit application checklist.

2.5.2.             In addition to any requirements on the development permit application checklist, the Development Authority may require the following:

(a)       photos showing the subject parcel in its current state;

(b)       comprehensive reports demonstrating how the development meets the applicable urban design regulations;

(c)       conceptual site development plans;

(d)       details regarding architectural design;

(e)       detailed sketches and 3-dimensional graphics showing all aspects of the proposed development;

(f)        detailed landscape plans, indicating all existing and proposed site features including berms or other proposed forms of screening, trees, shrubs and grassed areas, and whether any vegetation is to be removed;

(g)       pedestrian circulation study;

(h)       site or building accessibility assessment;

(i)         a comprehensive sign design plan setting out the type, size, location, design and character of signage proposed for the site;

(j)         detailed studies showing the potential impacts of the proposed development on traffic, utilities, and drainage in the area;

(k)       detailed plans or studies showing engineered flood protection measures;

(l)         detailed plans or studies showing engineered slope stability protection measures;

(m)     disaster risk assessment and mitigation plan;

(n)       environmental impact assessment or any other environmental study prepared by a qualified professional to the satisfaction of the Development Authority;

(o)       noise impact assessment prepared by a qualified professional to the satisfaction of the Development Authority;

(p)       sun shadow impact study, either prepared by a qualified, registered professional engineer or architect or to the satisfaction of the Development Authority;

(q)       wind impact study:

i.       a preliminary wind impact statement shall be prepared by a qualified, registered professional engineer, to professional standards, or

ii.      a detailed wind impact study shall be prepared by a qualified, registered professional engineer, and shall be based on a scale model simulation analysis, prepared to professional standards;

(r)        in the case of Provincially owned land, a lease;

(s)        any other information deemed necessary by the Development Authority to properly evaluate the application.

2.5.3.             In the case of development located in the flood management area, detailed plans or studies showing engineered flood protection measures may be required.