PART 2: ADMINISTRATION

Division 4: Permitted Use Development Permit

Permitted Uses That Meet All Requirements

28        (1)              Where a development permit application is for a permitted use in a building or on a parcel and the proposed development conforms to all of the applicable requirements and rules of this Bylaw, the Development Authority must approve the application and issue the development permit.

(2)              The Development Authority may, as a condition of issuing a development permit for a permitted use, require the applicant to construct or pay for the construction of the following that are necessary to serve the development:

(a)        public utilities, other than telecommunications systems or works; and

(b)        vehicular and pedestrian access.

(3)             The Development Authority may, as a condition of issuing a development permit for a permitted use, impose conditions in respect of the following matters:

(a)        an environmental site assessment; and

(b)        phasing of the development.

(4)             The Development Authority may, as a condition of issuing a development permit for a permitted use, require the applicant to enter into an agreement with the City to do any or all of the following:

(a)        to construct or pay for the construction of a public thoroughfare 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

(iii)       both (i) and (ii);

(c)        to install or pay for installation of public utilities, other than telecommunications systems or works, that are necessary to serve the development;

(d)        to construct or pay for the construction of:

(i)         off-street or other parking facilities; and

(ii)        loading and unloading facilities.

(e)        to pay an off-site levy or redevelopment levy; and

(f)        to give security to ensure that the terms of the agreement under this section are carried out.

(5)             Where a development is located in the floodway, flood fringe or overland flow area, the Development Authority may, as a condition of issuing the development permit, require building or site design measures to mitigate the potential impact or obstruction of floodwaters.

(6)             Where a development permit application for a permitted use does not show that the development conforms to all of the applicable requirements and rules of this Bylaw, the Development Authority may, as a condition of issuing the development permit, require that the applicant amend specific elements of the plans to conform with the applicable requirements.        

(7)             The Development Authority may require the fulfilment of the conditions referred to in this section before releasing the development permit.

5P2013, 44P2013

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Notification of Decision for Permitted Use Application

29        (1)              After approving a development permit application for a permitted use, the Development Authority must endorse the development permit as of the date of the decision.

(2)             When a development permit application for a permitted use is refused, the applicant must be given written notification of the decision and the reasons for it.

Permitted Uses That Do Not Meet All Requirements

30        Where a development permit application is for a permitted use in a building or on a parcel and the proposed development does not conform to all of the applicable requirements and rules of this Bylaw, the Development Authority may:

(a)        refuse to approve the development permit application; or

(b)        approve the development permit application and grant a relaxation of the requirement or rule to which the proposed use does not conform.

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Test for a Relaxation

31        The Development Authority may approve a development permit application for a permitted use where the proposed development does not comply with all of the applicable requirements and rules of this Bylaw if, in the opinion of the Development Authority:

(a)        the proposed development would not unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the use, enjoyment or value of neighbouring properties; and

(b)        the proposed development conforms with a use prescribed by this Bylaw for that land or building.

Use Area Relaxation

32        Where the Development Authority is considering an application for a relaxation of a use area restriction, the Development Authority must consider the test in section 31 of this Part and:

(a)        the purpose of the District;

(b)        whether granting the relaxation would make the proposed development incompatible with existing developments or uses;

(c)        proximity of the proposed development to residential districts; and

(d)        sound planning principles.

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Conditions

33        The Development Authority may, as a condition of approving a development permit for a permitted use that does not comply with all of the applicable requirements and rules of this Bylaw:

(a)        impose the conditions referenced in section 28 of this Part; and

(b)       require the applicant to conform to a higher standard than required by the applicable rules if, in the opinion of the Development Authority, conformance to a higher standard will off-set any impact of granting the relaxation.

5P2013

Notification of Decision

34        (1)              After approving a development permit application for a permitted use that does not comply with all of the applicable requirements and rules of this Bylaw, the Development Authority must:

(a)        publish, in a local newspaper, a notice stating the location and use of the parcel for which the application has been approved; and

(b)        endorse the development permit as of the date of the decision, but must not release the permit to the applicant:

(i)         before the 14 day appeal period referred to in the Municipal Government Act has expired; or

(ii)        in the case of an appeal to the Subdivision and Development Appeal Board, until such time as the appeal has been fully dealt with by the Subdivision and Development Appeal Board, or the Alberta Court of Appeal in the case of an appeal or leave to appeal of a decision of the Subdivision and Development Appeal Board, or the appeal has been withdrawn or abandoned.

(2)              After refusing a development permit application for a permitted use that does not comply with all of the applicable requirements and rules of this Bylaw, the Development Authority must provide written notification of the decision and the reasons for it to the applicant.

54P2008

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