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Council Orientation October 24, 2017
Development Permits Council Orientation October 24, 2017
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Development Authority
Council Delegates authority through bylaw MGA S. 624 direct control district The Municipal Planning Commission (discretionary use permits) The Development Authority Officers - County staff development officers (permitted use permits)
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What is Development? Change of Use of the lands
Farming activity to Residential activity Construction on the lands Build a house Moving a building onto lands Pre-built shed
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What is a Development Permit(DP)?
A DP is Municipal approval to begin development (Project Approval) The County is required by the Municipal Government Act to control development through a Land Use Bylaw MGA 639/LUB S. 2.1 The rules for granting a development permit are in the Land Use Bylaw Not a building permit Not Provincial approvals
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When is a DP required? An approval is required prior to undertaking an activity For almost all development, except: Farming activities Non-structural repairs/maintenance Fences under 1 m (front) and 1.9 m (side and rear) Clearing of land Buildings smaller than 10m2 Temporary RV use LUB S.2.2
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Permitted vs Discretionary Uses
Permitted uses Handled by administration Meets the regulations of the LUB Appropriate for the property, and must be approved if specific regulations are met Not appealable by the public Residential district examples: single family dwelling, garage, minor home occupation Discretionary uses Approved by the Municipal Planning Commission and are appealable by the affected public May be appropriate for the lands and may be appropriate for the surrounding area Residential district examples: multi-family homes, bed and breakfast, major home occupation
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Approval timeline Municipal Government Act requires a decision within 40 days of acceptance of the application Permitted use permits are typically approved within 2-3 weeks of the application date Discretionary Use permits are handled within days depending on the date of the next MPC meeting
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Approval process An application must include Owner information
Property information Description of the development Site plan Any other studies/relevant information required by the development authority LUB S. 3.1
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How a decision is made Permitted Use Applications
The Department reviews the application Confirms that the proposal is a permitted use that meets the LUB regulations Issues an approved development permit Not subject to appeal by the public Discretionary Use Applications The Department reviews the application Confirms that the proposal is a discretionary use Prepares a report for the MPC with a recommendation The MPC may agree with the recommendation and approve The MPC may agree and approve but alter the conditions The MPC may disagree with the recommendation and refuse the application The DO issues the decision subject to appeal by the public
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Variances Are required when a development is proposed that does not meet the LUB regulations Garage height of 17’ in the CR District Building is proposed to close to the property lines Reviewed by MPC Decision is advertised Appealable by the public
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Refusal of Development
When a development does not meet the regulations of the LUB Proposal is not suitable for the lands Development is not compatible with the lands/uses in the area Refusals may be appealed
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Subdivision and Development Appeal Board
When a development is appealed SDAB may uphold an appeal SDAB may uphold the decision SDAB may uphold the appeal and impose additional conditions
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Amendments to the Land Use Bylaw
When a development does not meet the listed uses of the LUB District If the proposal fits the listed uses of another district, a LUB amendment would re-district the lands Service Station and Gas Bar on lands Districted Rural Use A more appropriate District would be Highway Business District A bylaw amendment is prepared and presented to Council Is subject to a public consultation process
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QUESTIONS?
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