Part 3 Development Decisions | Regional Municipality of Wood Buffalo Land Use Bylaw

3.1. Development Requiring a Development Permit

3.1.1. Except as otherwise provided in this Bylaw, no person shall commence, continue or carry on a development, or cause or allow a development to be commenced, continued, or carried on, unless:

(a) a development permit authorizing the development has been issued and remains in force and effect; or

(b) the development is exempt from the requirement of a development permit pursuant to the provisions of this Bylaw or any other enactment.

3.2. Development Not Requiring a Development Permit

3.2.1. Developments listed in Part 3 Section 3.2.2 do not require a development permit so long as the development:

(a) is a development exempted under the Act;

(b) otherwise complies with the rules of this Bylaw;

(c) is not subject to any restrictions imposed by the Subdivision and Development Regulation; and

(d) has sufficient infrastructure capacity (sewage collection, treatment and disposal, water supply, treatment and distribution, and storm water collection and storage) to serve the development, to the satisfaction of the Development Authority.

3.2.2. The following developments do not require a development permit if the conditions of Part 3 Section 3.2.1 are met:

(a) government developments, described as developments undertaken by or on behalf of the federal government, provincial government or Municipality, upon publicly owned lands or easements, including but not limited to:

i. completion, maintenance or repair of a public utility;

ii. constructing, widening, altering, redesigning or maintaining a road;

iii. traffic management projects and devices;

iv. vehicular and pedestrian bridges and walkways;

v. water reservoirs, water lines, storm and sanitary sewer installations;

vi. sewage treatment plant, water treatment plant, and waste disposal and treatment facility; or

vii. street furniture, tennis courts, playgrounds, public park landscaping, public art, municipal recreation equipment and civic buildings (with a gross area under 75.0sq m);

(b) the use of all or part of a building as a temporary polling station, returning officer’s headquarters, Federal, Provincial or Municipal candidate’s campaign offices and any other official temporary use in connection with a Federal, Provincial or Municipal election, referendum or census;

(c) exterior alterations, maintenance or repair if such alterations, maintenance or repair does not constitute structural change, change of use or change of intensity of use;

(d) internal alterations, mechanical, or electrical work on a building;

(e) temporary or portable buildings where the sole purpose is incidental to the construction of a permanent structure for which a development permit has been issued and which will be removed following completion of the development;

(f) any temporary structure required by direction of a Director of Emergency Management acting pursuant to the Alberta Emergency management Act, RSA 2000, c. E-6.8, as amended;

(g) an accessory building that is not a sea-can and does not exceed;

i. 10.0sq m in gross floor area in the Urban Service Area; or

ii. 20.0sq m in gross floor area in the Rural Service Area;

(h) trapper cabin;

(i) a deck of up to 0.6m in height;

(j) an outdoor in-ground or above ground private swimming pool so long as:

i. it is not located within the front yard;

ii. it has a total area less than 15% of the parcel area;

iii. it maintains the soft landscaping requirements of the applicable district and,

iv. all above grade swimming pool components, including but not limited to decks under 0.6m in height, walkways, supporting members, heating and mechanical equipment, maintain a setback of at least 1.2m of any lot line.

(k) gates and fences when not constructed on top of or part of a retaining wall:

i. to a maximum of 1.2m in height in a front yard and a maximum of 2.0m in a side yard or rear yard in the Urban Service Area; or,

ii. to a maximum of 1.2m in height in a front yard and a maximum of 2.5m in height in a side yard or rear yard outside the Urban Service Area;

(l) retaining walls to a maximum of 1.2m in height;

(m) a television aerial or satellite dish antenna in all residential areas, provided:

i. it is not located in a front yard;

ii. it is less than 1.0m in diameter; and

iii. all district setback and height provisions are met;

(n) in the Rural District, the erection of towers, flagpoles, satellite dish antennas and other poles not exceeding 4.5m in height from grade;

(o) telecommunications towers when reviewed in accordance with an applicable Council Policy or direction;

(p) solar panels, provided that: the total power generation capacity of all solar collectors on the parcel is 10 kilowatts or less;

(q) a renewable energy device where the device is an integral part of a building;

(r) any sign that is exempt from the requirement to obtain a development permit as specified in Part 8 Signs of this Bylaw;

(s) site grading where the proposed slope will not exceed five percent (5%) provided the proposed grading does not adversely affect adjacent parcels;

(t) a development that is subject to a valid master development agreement, which provides for the stripping, grading or filling of land, including temporary storage and sale of topsoil in an area governed by such agreement, but excluding topsoil processing or screening;

(u) Topsoil excavation, grading, or stripping of land where:

i. the area to be cleared is less than 1,000.0sq m; or,

ii. it is soil moved and stockpiled on the same parcel;

(v) home business, minor;

(w) agriculture, personal use;

(x) a change of use or first use in a space provided:

i. the proposed development is a permitted use within the C1, C2, C3, C4, C5, HC, HCC, A, CBD1, BOR1, SCL1, PRA1, PRA2, FRA1, and SR1 land use districts; and,

ii. the proposed use does not change or add to the site development or gross floor area of a building; and,

iii. the proposed use is one of the following:

1. accessory building;

2. accessory use;

3. accessory surface parking;

4. animal care services, major;

5. animal care services, minor;

6. automotive vehicle sales or rental;

7. contractor, general;

8. contractor, limited;

9. custom manufacturing;

10. drinking establishment;

11. equipment rental;

12. essential public service;

13. fleet service;

14. food and beverage commercial;

15. industry, general;

16. institutional and civic;

17. neighbourhood commercial;

18. nightclub;

19. office;

20. office commercial;

21. park;

22. parking lot;

23. parking structure;

24. public utility;

25. recreation commercial;

26. recreation facility, indoor;

27. recreation facility, outdoor;

28. restaurant, major;

29. restaurant, minor;

30. retail commercial (<5,000sq m gross floor area);

31. retail commercial, large format (>5,000sq m gross floor area);

32. retail, convenience;

33. retail, general;

34. service commercial;

35. shopping centre;

36. storage facility, outdoor;

37. tourism commercial;

38. warehouse and storage;

39. warehouse sales;

(y) a special event:

i. on a parcel of land owned by the Municipality which has obtained authorization pursuant to the provisions of Council Policy PRL-130;

ii. on a public road subject to authorization by the Municipality;

iii. occurring at or within a school or on lands owned or operated by a school; or

iv. attended by cumulatively less than fifty (50) persons on a parcel of land that is not within an urban residential district or rural residential district;

(z) assembly or meeting for non-commercial and personal use taking place on a parcel of land within an urban residential district or rural residential district consisting of not greater than 1 person per 15.0sq m to a maximum of 150 persons;

(aa) a garage sale;

(bb) gazebos, pergolas and arbors that are freestanding or attached to another structure and are under 15.0sq m;

(cc) A seasonal garden centre that is accessory to a retail, general use that is operating under an existing development permit.

(dd) Mobile Food Vendor where it complies with the Municipality’s Food Truck and Street Vending Bylaw. (BL 25/015)

3.3. Notification and Referral of a Development Permit Application

3.3.1. The Development Authority may refer a development permit application to any internal municipal department, and to any external agency in order to receive comment and advice.

3.3.2. Upon receipt of an application for a development permit for a development listed as a discretionary use, the Development Authority may send a written notice to all adjacent owners. The written notice shall provide the location and nature of the proposed development and identify opportunities for comment.

3.3.3. For discretionary uses that require notice posting, the Development Authority may require the applicant to post a notice on the property in a location and format determined by the Development Authority describing the proposed development and advising any interested parties where further information regarding the application may be obtained. Such notice shall be posted for a minimum of ten (10) calendar days prior to the issuance of a notice of decision.

3.4. Commencement and Expiry of a Development Permit

3.4.1. A development permit will be issued only after:

(a) all prior-to-release conditions have been satisfied; and,

i. the time for appeal to the Board has expired;

ii. where there is an appeal of conditions by the applicant, when the Board has rendered its decision; or

iii. where there is an appeal of the decision, and the Board has rendered its decision confirming the approval of the development permit.

3.4.2. A development permit expires and is of no further force or effect if the development is not commenced within twelve (12) months from the date of approval.

3.4.3. A Development Authority may extend the period for commencement of a development one (1) time for up to twelve (12) additional months if an application for extension is received from the development permit holder before the development permit expires pursuant to the provisions of Part 3 Section 3.4.2.

3.4.4. The Development Authority may cancel or reverse a notice of decision if the Development Authority becomes aware that the development permit was approved in error.

3.5. Duration of Development Approval

3.5.1. A development permit remains in effect indefinitely, unless:

(a) a condition of the development permit specifies a time limit on the duration of development approval; or,

(b) where superseded by a subsequent development permit.

3.6. Waiting Periods Following Refusals

3.6.1. When a land use bylaw amendment application is made and Council refuses the amending bylaw, another land use bylaw amendment application for the same lot or parcel shall not be accepted until six (6) months after the date on which the amending bylaw was refused.

3.6.2. Another application for a development permit for the same or similar use on the same lot or parcel shall not be accepted until six (6) months after the date of refusal when an application for a development permit is refused by a Development Authority and:

(a) an appeal results in the refusal being upheld by the Board or by the courts; or

(b) the refusal is not appealed.

3.7. Notification of Decision

3.7.1. When a development permit application is approved, the Development Authority shall:

(a) deliver a notice of decision in writing to the applicant specifying the date in which the decision was made and make a copy available; and,

(b) for discretionary uses publish a notice locally that states the address of the parcel for which the application has been made; the nature of the approval; indicate if a use is approved as a similar use; the development permit number; and, the decision of the Development Authority.

3.7.2. When a development permit application is refused, the Development Authority shall deliver a notice of decision in writing to the applicant. The notice of decision shall, pursuant to Part 2 Section 2.2.9 of this Bylaw, include written reasons for the decision.

3.7.3. For the purposes of this Bylaw, issuance of the notice of the decision of the Development Authority is deemed to have been given on the day when the notice of decision has been published electronically on the municipal website or five (5) calendar days after the notice of decision has been mailed to the applicant and adjacent landowners or occupants or mailed or delivered to other affected parties or landowners as determined necessary by the Development Authority.

3.7.4. In addition to the notification of the decision pursuant to Part 3 Section 3.7.3, the Development Authority may also use one or more of the following methods to supplement electronic notification of the decision:

(a) online newspapers, print newspapers, municipal newsletters, fliers, and other materials circulated in the Municipality;

(b) Municipal social media accounts;

(c) signage, digital signage;

(d) printed copies of the notice being made available at Municipal offices, including rural contact offices;

(e) email and other opt-in electronic communications; or

(f) any emergent technologies deemed sufficient by the Development Authority for notification purposes.

3.8. Appeals

3.8.1. Appeals of an order, decision, or development permit made or issued by the Development Authority may be appealed to the Board in accordance with the Act.

3.9. Development Completion Certificate

3.9.1. Where required as a condition of a development permit, the applicant shall apply for a development completion certificate upon completion of the approved development. Applications for a development completion certificate shall be made within twelve (12) months of the completion of the approved development.

3.9.2. Applications for a development completion certificate shall be made using the prescribed application form and shall provide all required documentation to verify that the development permit conditions have been met.

3.9.3. The Development Authority may require as a condition of development permit approval a current real property report following the completion of an approved development to be provided prior to issuance of a development completion certificate.

3.9.4. Where the Development Authority is satisfied that all conditions of the development permit have been met, a development completion certificate shall be issued and all securities held by the Municipality as a condition of the development permit shall be released.

3.9.5. Where the Development Authority is not satisfied that all the requirements and conditions of the development permit have been met, a partial development completion certificate may be issued. The Development Authority:

(a) shall notify the applicant of any conditions that remain unsatisfied; and

(b) may release a portion of securities held by the Municipality.