PART 2: ADMINISTRATION

Division 6: General Provisions Relating to Development Permits

Applications the Development Authority Must Refuse

40        The Development Authority must refuse a development permit application when the proposed development:

(a)        is for a use that is not listed as either a permitted or discretionary use in the governing land use district;

(b)        is for a use containing a restriction in its definition that is not met by the proposed use;

(c)        exceeds any of the following requirements where they are specified on a Land Use District Map except where a development exceeds the following requirements because a portion of the parcel was acquired by the City for a municipal purpose in accordance with section 27.1:

(i)         maximum floor area ratio; and

(ii)        maximum units per hectare;

(c.1)     exceeds the maximum building height when specified on a Land Use District Map except where portions of the building exceed the maximum building height due to:

(i)         grade variations within the parcel;

(ii)        design elements of the building that extend above the eaveline where there is no usable floor area associated with the element;

(d)        does not meet the minimum area requirement to accommodate commercial multi-residential uses in the M-X1 and M-X2 Districts unless the parcel is located in the Developing Area and was designated M-X1 or M-X2 prior to 2010 November 25;

(e)        is for either a Contextual Semi-detached Dwelling, Contextual Single Detached Dwelling or a Multi-Residential Development – Minor, and does not comply with all the requirements and rules of this Bylaw;

(f)         is for any sign containing a digital display that would display copy shown on the digital display using full motion video, or otherwise gives the appearance of animation or movement;

(g)        is not adequately serviced by infrastructure referenced in Section 129.1;

(h)       is for a Liquor Store in any district, other than the C-R2, C-R3 and CR20-C20/R20 Districts, that requires more than a 10 per cent relaxation of a minimum separation distance specified in subsections 225(d) or 225(e), except where the development permit is for:

(i)        the expansion or alteration of an existing approved Liquor Store or renewal of approval of a previously approved development permit for a Liquor Store; or

(ii)        an existing approved Liquor Store that proposes to move to a new location not within a minimum separation distance specified in subsections 225(d) or 225(e), excluding the distance from the original location of the existing approved Liquor Store.

(i)         is for a Pawn Shop:

(i)         within 200 metres of another existing approved Pawn Shop where the development permit is for the expansion or alteration of an existing approved Pawn Shop or renewal of a previously approved development permit for a Pawn Shop;

(ii)        in all other cases, where a Pawn Shop is located within 90 per cent of a minimum separation distance specified in subsection 254(c.1); or

(j)         is for a Payday Loan located within 90 per cent of a minimum separation distance specified in subsection 254.1(c).

7P2011, 30P2011, 4P2013; 44P2013, 13P2015, 43P2015, 27P2016, 50P2017

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Applications That May Only Be Considered in a Direct Control District

41        Where this Bylaw provides that a use may only be a listed use in a Direct Control District, the Development Authority must refuse a development permit if it proposes the use in a District other than a Direct Control District which lists the use.

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Administrative Cancellation of an Application

41.1     (1)              In the case of an inactive or non-responsive application the General Manager may, in his or her sole and unfettered discretion, cancel a development permit application subsequent to acceptance, where he determines that the information provided is not adequate for the Development Authority to properly evaluate the application.

(2)              The General Manager must provide written notice of the cancellation of the development permit application including reasons for the decision to the applicant.

(3)              The fees associated with a development permit application cancelled by the General Managermay be refunded.

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Term of a Development Permit

42        A development permit remains in effect until:

(a)        the date of its expiry if the development permit was issued for a limited time;

(b)        it is suspended or cancelled; or

(c)        it lapses upon the failure of the applicant to commence development as required under this Division.

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Suspension or Cancellation of a Development Permit

43        (1)              The Development Authority may suspend or cancel a development permit following its approval or issuance if:

(a)        the application contains a misrepresentation;

(b)        facts have not been disclosed which should have been at the time of consideration of the application for the development permit;

(c)        the development permit was issued in error;

(d)        the requirements of conditions of the development permit have not been complied with;

(e)        the applicant requests, by way of written notice of the Development Authority, the cancellation of the development permit, provided that commencement of the use, development or construction has not occurred; or

(f)         the Development Authority cancels a development permit for a use after it has commenced, to allow the same use in a new location that would otherwise not be allowed by a location distance rule when measured from the original location of approval.

(2)              If the Development Authority suspends or cancels a development permit, the Development Authority must provide written notice of the suspension or cancellation to the applicant.

(3)              Upon receipt of the written notice of suspension or cancellation, the applicant must cease all development and activities to which the development permit relates.

43P2015

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Commencement of Development

44        (1)              Where a development permit is for a change of use, a change of intensity of use or both, development must commence within one year of the date of approval of the development permit.

(2)              For the purpose of subsection (1), development commences when the applicant begins occupying the parcel and operating the use which was approved by the development permit.

(3)              Where a development permit is for construction, or for construction combined with a change of use, a change in intensity of use or both, development must commence within:

(a)        three years of the date of approval of the development permit on parcels designated M-H1, M-H2, M-H3, C-O, I-B, S-CI, S-CRI, CC-MH, CC-MHX, CC-X, CC-COR, CC-ER, CC-ERR, CC-EMU, CC-EIR, CCEPR, CC-ET and CR20-C20/R20 Districts;

 

(b)       three years of the date of approval of the development permit, on parcels designated DC Direct Control, unless otherwise directed by Council; and

 

(c)       two years of the date of approval of the development permit on parcels designated as any other District.

(4)              For the purpose of subsection (3), development commences when the applicant has altered the parcel in furtherance of the construction.

(5)              Without restricting the generality of the foregoing:

(a)       excavation in anticipation of construction is an alteration of a parcel; and

 

(b)       fencing a site, posting signage, obtaining permits and minor interior demolition are not alterations of the parcel.

(6)              deleted

(7)              For the purpose of this section, the term "date of approval of the development permit” means:

(a)       the date upon which the Development Authority approves the development permit application;

 

(b)       in the case of an appeal to the Subdivision and Development Appeal Board, the date upon which the Subdivision and Development Appeal Board renders a written decision approving the development permit application; or

 

(c)       In the case of an appeal or leave to appeal to the Court of Appeal, the date the judgement roll or decision of the court is filed with the Court of Appeal allowing the development to proceed pursuant to an approved development permit.

(8)             The General Manager may grant a request to extend the date before which development must commence as specified in this Land Use Bylaw or any previous bylaw governing land use within the City provided:

(a)       the development permit is not for a change of use, a change of intensity of use or both;

 

(b)       no more than two extensions are granted for any development permit;

 

(c)       the length of any extension is up to two years;

 

(d)       the request is made in writing on a form approved by the General Manager and must be submitted with the fee as prescribed by resolution of Council; and

 

(e)       the request is granted prior to the development permit lapsing.

(9)              When development has not commenced in accordance with this section the development permit lapses.

 

51P2008, 31P2009, 41P2009, 26P2010, 33P2013, 29P2017

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Commencement of Construction

45        The approval of a development permit application and the release of a development permit does not authorize construction to either commence or continue except in conjunction with all other required permits.

Reapplication for a Development Permit

46        Where a development permit application has been refused, the Development Authority must not accept an application for the same or similar development within six months of the date of decision except where the proposed development is for a permitted use that conforms to all of the applicable requirements and rules of this Bylaw.

5P2013

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Development Completion Permit

47        (1)              When a development permit is required, a development completion permit must be issued before the development can be occupied or a use commenced.

(2)              The General Manager must determine which developments and uses do not require a development completion permit, which may be amended from time to time.

(3)              The Development Authority must advise an applicant for a development permit if the proposed development or use requires a development completion permit.

(4)              An application for a development completion permit must be made on a form approved by the General Manager and must be accompanied by two copies of a surveyor’s certificate.

(5)              An applicant for a development completion permit must ensure the development or use is available for inspection by a Development Inspector during the Inspector’s normal work day to confirm the development is completed in accordance with the development permit, and, upon request by the Development Inspector, the applicant must attend the inspection, produce any documents the Development Inspector feels are necessary for the inspection, and must not hinder the inspection in any way.

(6)              Where a Development Authority is satisfied that the development has been completed in accordance with all of the requirements of the development permit, the Development Authority may issue a development completion permit for the development.

(7)              Where a Development Authority is not satisfied that a development has been completed in accordance with all of the requirements of the development permit, the Development Authority may:

(a)        issue a development completion permit upon receipt of a letter of credit or other security in an amount and form acceptable to the Development Authority, in order to ensure fulfilment of the outstanding requirements of the development permit; or

(b)        refuse to issue a development completion permit.

(8)              deleted

13P2008, 16P2018

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Appeals of Decisions on Development Permits

48        (1)              Appeals in respect of decisions on development permit applications are governed by the Municipal Government Act.

(2)              The Subdivision and Development Appeal Board Administration must ensure that notice of a hearing of an appeal to the Subdivision and Development Appeal Board is published in a local newspaper at least five days prior to the date of the hearing.

(3)              If the decision of the Development Authority to refuse a development permit is reversed by the Subdivision and Development Appeal Board, the Development Authority must endorse the development permit in accordance with the decision of the Subdivision and Development Appeal Board.

(4)              If the decision of the Development Authority to approve a development permit application is reversed by the Subdivision and Development Appeal Board, the development permit is null and void.

(5)              If a decision of the Development Authority to approve a development permit is upheld by the Subdivision and Development Appeal Board, the Development Authority must release the development permit upon completion of any outstanding prior to release conditions.

(6)              If any decision of the Development Authority is varied by the Subdivision and Development Appeal Board, the Development Authority must endorse a development permit reflecting the decision of the Subdivision and Development Appeal Board and act in accordance therewith.

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