Any amendment to this Bylaw shall be made pursuant to the Act.
(1) Any person may apply to amend this Bylaw by making an application and submitting it to the Development Officer on the prescribed form for processing and referral to Council.
(2) Council may, on its own initiative and in accordance with the Municipal Government Act, initiate amendments and/or changes to land use designations of any parcel of land, including a parcel within a Direct Control District.
A person, who makes a rezoning application or applies for a Development Permit, must be the registered owner of the lands affected as shown on the certificate of title or show written proof to the satisfaction of the Development Officer that the registered owner consents to the application.
(1) Where the proposed amendment is for a change in text and no property is singularly affected, the requirements outlined above shall be applied by the Development Officer as necessary to ensure that the application’s purpose, scope, and potential impacts are clearly defined.
(2) In addition to the requirements outlined on the application form, the Development Officer may require other information to evaluate the application properly, which may include:
(a) Conceptual drawings of any future development on the property including a Site Plan and architectural designs (elevations);
(b) A statement describing how the Airdrie City Plan (Airdrie’s municipal development plan) or other relevant statutory or non-statutory plans affecting the application and this Bylaw have been considered;
(c) A traffic impact analysis when a rezoning application may result in a more intense use with a higher traffic generation rate than the existing use; and,
(d) Any additional technical studies as requested by the Development Authority.
(3) Where the proposed amendment is for a change in text and no property is singularly affected, the requirements outlined above shall be applied by the Development Officer as necessary to ensure that the application’s purpose, scope, and potential impacts are clearly defined.
(1) Direct Control Districts are intended to be used under this Bylaw to allow for flexibility with development regulations where the proposed development is not otherwise captured, or cannot reasonably be facilitated within an existing land use district.
(2) Direct Control Districts are not intended to function as a method for varying or waiving the standard site and development requirements of an otherwise-equivalent land use district. Direct Control Districts are intended to include:
(a) Innovative development concepts that provide a fine integration of a variety of forms and uses;
(b) Development that requires a different or specialized form to respond to significant site-specific features or constraints.
Application Requirements
(3) An application for a Direct Control District shall provide a rationale in support of the District, identifying the features of the development or site which make a traditional district unfeasible or undesirable.
(4) An application for a Direct Control District shall include a site plan showing the information outlined in Section 2.3.3(9), as well as the following:
(a) Intended land uses, building sizes, footprints, and general massing;
(b) Areas designated as public and private roadways, where applicable;
(c) Common areas, including dimensions for emergency access routes, amenity areas, maintenance areas, waste and recycling areas and common parking areas;
(d) Provision of appropriate parking and landscaping for the intended land uses;
(e) Accessibility for pedestrian and vehicular traffic, loading vehicles, snow clearing and storage;
(f) Important or sensitive locations where the site interfaces with the surrounding area, and associated design treatments/responses;
(g) Such other information as deemed necessary by the Development Authority.
(1) Upon receipt of a complete amendment application, the Development Officer:
(a) May refer the application to any City department for review and comment; and
(b) May refer the application to any external agency for comment or advice at the discretion of the Development Authority.An amendment application may be referred to an external agency for comment or advice at the discretion of the Development Authority.
(2) Before an amendment application is reviewed by Council and a Public Hearing is held, the Development Authority shall post a notice of the public hearing outlining the proposed amendments, in accordance with the requirements of the Municipal Government Act and the City’s Public Notification Bylaw No. B-02/2019, as amended.
(1) The requirements and procedures for amending this Bylaw are established in the Municipal Government Act and in particular by Sections 230, 606 and 692 of the Act.
(2) If the scope of the Bylaw amendment is to rezone a parcel to a different land use district, the applicant shall erect a minimum of one public information sign on the site. The required notification sign must:
(a) Have a sign face of at least 1.2m by 1.2m;
(b) Have a total height not to exceed 3 metres;
(c) Be in a format with lettering size approved by the City of Airdrie;
(d) Indicate the present district, proposed district, and a general description of the proposed uses that could be developed under the proposed district;
(e) Include the proposed area, height, density and floor area ratio, if applicable;
(f) Provide the City of Airdrie’s contact phone number;
(g) Be placed on the subject property and in a location clearly visible from the front roadway;
(h) Not interfere with pedestrian or vehicular traffic, or obstruct visibility from roadways, lanes or driveways;
(i) Be capable of withstanding weather conditions;
(j) Be installed and maintained in a sound manner;
(k) Be in place until a public hearing of Council is completed or the application is abandoned; and
(l) Be removed within seven days of the completion of the public hearing of Council.
(3) If the scope of the Bylaw amendment is to rezone a parcel to a different land use district:
(a) The Development Officer shall provide a notice to the applicant and property owner and all adjacent property owners within a minimum of 60m radius; and
(b) The Development Officer shall provide notice to adjacent municipalities in accordance with the provisions of the Intermunicipal Development Plan in effect.
(4) If deemed necessary, and in accordance with the provisions of the Act, the City may initiate an amendment to this Bylaw affecting any parcel of land without the owner’s consent. The Council shall, prior to consideration of an application, notify the affected landowner(s) in writing of the proposed amendment and provide a summary of the effects of the amendment.
This section identifies the requirements associated with developments that require a Development Permit and those that do not require a permit.
(1) Except as provided in Section 2.3.2 (Developments Not Requiring a Development Permit), no person shall commence a development in the City unless a Development Permit has first been issued pursuant to this Bylaw and the development is in accordance with the terms and conditions of the Development Permit.
(2) A person who makes a rezoning application, applies for a Development Permit, or submits information in respect of a Development that does not require a Development Permit, must be the registered owner of the lands affected as shown on the certificate of title or show written proof to the satisfaction of the Development Officer that the registered owner consents to the application.
(1) It shall not be necessary to obtain a Development Permit prior to commencement of any of the types of development described below in Table 1, provided that such a development complies with all applicable provisions of the Bylaw, does not require a variance, and is not located in a floodway area.
(2) However, where a Development Permit is not required, prior to construction or implementation of the development, the owner shall provide the Development Officer with written information detailing the proposed development. Such developments shall otherwise comply with the provisions of this Bylaw and must be carried out or performed in accordance with all other applicable legislation, regulations and bylaws.
Table 1: Development Not Requiring a Development Permit
| Land Use | Conditions/Description |
|---|---|
| Airport Operations | Where listed as a Permitted Use in accordance with the AP, Airport Employment District. |
| Arbors, Gazebos, and Pergolas | The erection and construction of arbors, gazebos, and pergolas in any district provided that they do not exceed 3.0m in height or 20.0m² in area. |
| Buildings less than 10.0m² (Excluding Decks) | Where any building has a Gross Floor Area of less than 10m². All buildings must meet all applicable land use district regulations, such as, but not limited to, setbacks and height restrictions. |
| Change of Use | A change of use of a building to a Permitted Use where there is no increase to the Gross Floor Area or intensity of use. |
| Child Care, Limited | The secondary use of a residential dwelling for the purposes of providingpersonal care, maintenance, supervision or education, without overnightaccommodation, for up to six (6) children under the age of 12 years. |
| Demolition And Removal Of Buildings And Structures | Demolition of a building where a Development Permit has been issued for a new development on the same site, if demolition of the existing building is allowed under the terms of the new Development Permit. |
| Development associated with a Development Agreement | Any developments or improvements related to the construction of public infrastructure, as authorized by a Development Agreement or Subdivision Servicing Agreement. |
| Development Subject to Plot Plan Review | Unless otherwise required by this Bylaw, the construction of Single Detached, Semi Detached, Duplex and Manufactured Home dwellings, as well as Accessory Buildings, additions, decks and other features for the same that meet the requirements of this Bylaw and that have been approved via Plot Plan Review. |
| Driveways, Walkways and Patios | The construction, maintenance or repair of residential driveways, walkways and patios that meet the requirements of this Bylaw. This does not include the widening of an existing driveway or addition of a second driveway pursuant to Section 7.12. |
| Farm-Related Structures and Maintenance | The construction and repair of general agriculture and associated accessory agricultural buildings such as granaries, silos, hay or animal shelters located on a parcel of agricultural zoned land with a parcel size of 16 hectares (Ha) or more. |
| Fences and Gates | The erection of a fence or gate provided that there is no contravention of this or any other Bylaw of the City and provided that such fence or gate does not in the opinion of the Development Authority obstruct the vision of persons using roads abutting the parcel. |
| Freehold Townhouses | Where the development is listed as a Permitted Use within the Land Use District that applies to the site, meets all requirements in Section 7.38 (Townhouse Exemption Requirements), and meets all other applicable requirements of this Bylaw. |
| Hard Surfacing | The hard surfacing of any area that is part of a development for which a Development Permit has been issued for the purpose of providing vehicle or pedestrian access or parking. |
| Home Business, Limited | The secondary use of a residential dwelling for the purposes of home office by the occupant of the dwelling in accordance with Section 6.12 of this Bylaw. |
| Interior Renovations | The internal alteration to a building as long as the alterations do not result in a change of use or the intensity of the existing use. This does not absolve requirements for Building Permits or any other approvals. |
| Landscaping | Landscaping, including incidental or decorative moveable structures (e.g. mailboxes, shared library book-sharing boxes, etc.) providing the existing grade and natural surface drainage pattern will not, in the opinion of the Development Authority, be materially affected. |
| Maintenance of a Building | The carrying out of routine maintenance to any building, provided that such work does not include or constitute structural alterations. Typical routine maintenance includes but is not limited to siding replacement, window replacement, roofing, painting, etc. |
| Mobile Vendors | The operation of a Mobile Vendor where it is considered a Permitted Use in accordance with Section 6.13.1(3) and Section 8.4(1) and complies with all applicable regulations in this Bylaw. |
| Municipal Facilities or Projects | The construction, renovation, repair or use of land authorized as a municipal facility, project or other initiative on land that is publicly owned or controlled which has the approval of City Council, by Council resolution or as an approved budget item, and is subject to the project’s guidelines, standards and authorizations. Typical examples may include City buildings, transit facilities and shelters, Recreational Facilities and Emergency Service Facilities. |
| Occupancy of Commercial or Industrial Businesses | The occupancy of vacant space by a Permitted Use in an existing or approved commercial centre or industrial business centre if the Development Permit for the space is still valid and the development standards have not changed. |
| Parks and Pathways | Where developed as part of a subdivision or neighbourhood, provided that it conforms to the design outlined in the Neighbourhood Structure Plan and Landscaping drawings that may be required as part of the applicable Subdivision application. Where incorporated as part of a development on a privately-owned parcel, provided that there are no conflicts with Utility Rights-of-Way and any existing development approvals. Where developed by a Municipal, Provincial or Federal government on land that is owned or controlled by that level of government. |
| Promotion or Display | Promotion or display that is accessory to an approved Land Use for the site, where it would not unduly interfere with the amenities of the neighbourhood, exceed a 21 day period, and not reoccur within 90 days. |
| Public Art | Public art that has been commissioned for, or approved by, the City. |
| Public Improvements | The construction, alteration, maintenance or repair of a street, lane, utility, undertaken upon a public thoroughfare or utility easement or undertaken to connect the same with any lawful use of building or land. |
| Residential Renovations | The internal alteration to a residential building as long as the alterations do not result in an increase in the number of dwelling units. This does not absolve requirements for Building Permits or any other approvals. |
| Residential Show Homes | For a term not to exceed three (3) years where servicing, fire protection, and all-weather access are all in place and all other requirements of this Bylaw have been met. Extensions to the approved term may also be granted by the Development Authority without requiring a Development Permit application. |
| Satellite Dish | Less than 1.2 m in diameter directly attached to a roof, side wall or balcony. |
| Security Suites | A Security Suite identified in the approved drawings associated with an issued Development Permit for a use listed in Section 6.23 |
| Signs | Signs identified in Section 5.4 or listed as “Exempt from Development Permit application” in Section 5.7. |
| Solar Collectors | The installation and repair of solar collectors mounted to a building or structure, in accordance with Section 7.31. |
| Striping, Site Grading, or Excavation | Stripping, site grading, or excavation that is outlined within a Development Permit or Subdivision Servicing Agreement and corresponding grading plans which have been approved by the Development Authority. |
| Supportive Housing | Supportive housing facilities with two (2) or fewer residents. |
| Swimming Pools and Hot Tubs | An outdoor in-ground or above-ground swimming pool or hot tub associated with a residential use. |
| Telecommunication Facilities | Telecommunication towers, antennas and associated ground equipment under the jurisdiction of the Federal Government. These types of applications are still required to adhere to the City of Airdrie Telecommunication Infrastructure Policy, or similar, as may be amended from time to time. |
| Temporary Buildings Associated with Construction | A temporary building not to be used for residential purposes, such as a construction trailer, where the sole purpose of the building is incidental to the erection or alteration of a permanent building for which a Development Permit has been issued under this Bylaw. The temporary building must be removed within thirty (30) days of substantial completion of the approved development, or as determined to be appropriate for the removal of the temporary building by the Development Authority. This does not include a real estate office, show home or similar facility. |
| Temporary Events | The use of a building or parcel of land for a Temporary Event in compliance with the regulations in this Bylaw, where the event, in the opinion of the Development Authority, is in keeping with the purpose and intent of the land use district it is located in, and risks no impacts resulting from scale, traffic or interface with adjacent building and uses. |
| Temporary Government Services | The use of a building, or part thereof, as any official temporary use in connection with a Federal, Provincial or Municipal election, referendum or census. This also includes candidate’s campaign offices and returning officers’ headquarters. |
| Temporary Retail Sales | Temporary and seasonal sales that have been reviewed and approved under the Development Permit for an associated retail use on the same site. This may include seasonal sale of Christmas trees, flowers, food products or other items providing the activity or use does not contravene any provisions of this Bylaw. This does not include third-party temporary or mobile vendors that are not associated with the approved retail use. |
| Third-Party Temporary Retail Sales | The operation of third-party temporary retail sales (i.e. seasonal outside sales and activities) may be permitted without a Development Permit if, in the opinion of the Development Authority, such uses do not exceed thirty (30) days and would not adversely affect the parking, traffic flow, appearance, and public safety on the subject site. |
| Urban Agriculture Without animals/livestock | The secondary use of a residential parcel for the purposes of growing plants in urban and suburban areas in accordance with Section 6.26 of this Bylaw. This exemption does not apply to any animals, including backyard hens, that are allowed under Section 6.26 subject to a Development Permit application. |
| Utilities on Public Land | The installation, maintenance and repair of public works, services and utilities carried out on behalf of Federal, Provincial or Municipal authorities on land that is publicly owned or controlled. |
| Utilities on Private Land | Railways, pipelines, irrigation ditches, conduit flumes and utility lines not integral to an approved development |
| Uses/Development exempted under the Municipal Government Act | Those uses and developments exempted under Section 618 of the Municipal Government Act, or similar legislation, and regulations thereto. |
An application made to the Development Officer on the prescribed form that shall be signed by the Applicant or his agent authorized in writing, along with the applicable fee.
A Development Permit application shall include all of the following items:
The Development Authority may require:
(1) A Real Property Report to verify the location of an existing building or development that is the subject of the Development Permit application;
(2) Photographic prints showing the site in its current condition;
(3) A description of how the form, mass and character of the proposed development will relate to neighbouring development;
(4) Examples of exterior finishing materials;
(5) A detailed landscape plan of the entire site to show grading, tree planting, any tree removals, grassed areas including the location and species of shrubs and trees, playgrounds and parks;
(6) Location of parking areas and emergency access routing;
(7) Development Site Servicing Plan prepared and signed by a member in good standing of APEGA;
(8) A geo-technical or floodplain study prepared by a qualified engineer if, in the opinion of the Development Authority, the site is potentially hazardous or unstable or is located within a floodway or flood fringe area;
(9) A biophysical assessment;
(10) An environmental site assessment, to the extent required to determine potential contamination and mitigation;
(11) A traffic impact analysis prepared by a qualified engineer specializing in transportation engineering. Such an analysis shall address, but not be limited to, impact of adjacent public roadways, pedestrian circulation on and off site, vehicular circulation on and off the site, turning radius diagrams for large truck movements and emergency vehicles on and off the site and any other information required by the Development Authority;
(12) A hazardous materials impact analysis;
(13) A parking study prepared by a qualified professional;
(14) A noise attenuation study prepared by a qualified professional;
(15) A report showing the effects of wind and shadows produced by the proposed development;
(16) Copies of the plan of survey prepared by an Alberta Land Surveyor showing the site to be developed;
(17) Information to assist in assessing the impact the proposed development may have on utilities, municipal services, traffic circulation within the site and on adjacent public roadways, land uses, community facilities, and other matters;
(18) A site remediation plan where remediation of the site may be required after the removal of a temporary development or use;
(19) Elevations, sign face, and content of any signs proposed;
(20) A view-shed study or other visual impact analysis;
(21) A photometric plan showing light intensity throughout the property to the boundary lines;
(22) Such other plans, photographs or other documents or information of any kind that the Development Authority may consider necessary to properly evaluate the proposed development;
(23) The Development Authority may require additional copies of plans, specifications and information and, that information be provided in a digital format.
(1) A Master Site Plan is a document to support the development of a Mixed-Use, Commercial, Industrial, large Residential sites, or other large sites requiring comprehensive planning and site design, and is submitted prior to or concurrent with the submission of the first Development Permit application for such sites.
(2) The purpose of a Master Site Plan is to demonstrate that the development will be compatible with the surrounding area, meet all NSP policies and other requirements, and address principles of good planning and site design to the satisfaction of the Development Authority.
(3) Where there are multiple Development Permits or stages of development on a site requiring a Master Site Plan, the subsequent Development Permits shall adhere to the approved Master Site Plan.
(4) A Master Site Plan:
(a) Is required for any Mixed-Use or Commercial site over 3.0 hectares in size;
(b) Is required for any Residential site over 5.0 hectares in size;
(c) May be required at the discretion of the Development Authority for any Industrial site exceeding 8.0 hectares in size, and;
(d) May be required at the discretion of the Development Authority for any other development site exceeding 8.0 hectares in size.
(5) A Master Site Plan must provide the following information:
(a) Proposed land uses considered within the Master Site Plan
(b) Building footprints and allocation of gross floor area;
(c) Building massing, including heights and setbacks;
(d) Site access and egress points, and interface with the surrounding area;
(e) Public realm, amenity areas, and landscaping;
(f) Pedestrian, transit, and vehicular traffic circulation, proposed sidewalks and walkway connections;
(g) On-site parking and loading areas;
(h) Facilities for waste and recycling collection and snow clearing or storage, and;
(i) Proposed transit access and transit zone locations.
(j) Such other information as deemed necessary by the Development Authority.
(6) A development analysis may be required with the submission of a Master Site Plan, and must address the following requirements and performance standards:
(a) An outline of the development's compatibility with the purpose and intent of the District;
(b) An outline of the development's compatibility with adjacent features and land uses, including how the development will respond to address any important or sensitive interface conditions;
(c) An outline of the access, traffic, and parking requirements for the development, and any related impacts.
(d) Such other information as deemed necessary by the Development Authority.
Environmental Site Assessment Reports
(7) The Development Authority may require an Environmental Site Assessment Report as supporting material to an application for a Development Permit or to a Rezoning Application, where in the opinion of the Development Authority there may be a risk of any pre-existing contamination on or near the Site; or the proposed Development may create an environmental risk to other lands.
(8) If an environmental assessment or environmental study or report of any kind is required as part of a provincial or federal approval process for a Development, a Development Authority may require the Applicant to provide a copy of the environmental assessment, study or report and may take its content into consideration in making a decision on a Development Permit application or in making a recommendation with respect to a Rezoning Application.
(9) If a Development Authority concludes, based on the content of an Environmental Site Assessment Report or any environmental assessment or study or report required by a provincial or federal regulatory authority, that a proposed Development could have a negative impact on the environment, then regardless of whether the Development is a Permitted Use or a Discretionary Use the Development Authority may:
(a) Approve the issuance of a Development Permit upon such conditions as the Development Authority deems advisable to mitigate negative impact on the environment associated with the Development; or
(b) Refuse to approve the issuance of a Development Permit for a Discretionary Use if the Development Authority is of the opinion that there are no reasonable conditions of approval that could adequately mitigate negative impact on the environment associated with the Development.
(10) A proposed Development does not conform to this Bylaw if, in the opinion of a Development Authority, there are no reasonable conditions of approval that could adequately mitigate negative impact on the environment associated with the Development.
Preamble: This section outlines the approval process of a development application as well as the suspension and cancellation of Development Permits.
(1) An application for a Development Permit shall not be considered complete by the Development Officer until such time as:
(a) All items listed in Section 2.3.3 (Requirements for a Development Permit Application) have been received to the satisfaction of the Development Authority; and
(b) Any items listed in Section 2.3.4 (Supplementary Requirements for a Development Permit Application) that the Development Authority deems necessary for the review of the application have been received to the satisfaction of the Development Authority.
(2) Where these have not been completed to the satisfaction of the Development Officer, then the Development Officer shall provide a notice to the applicant advising them of what is missing and providing one deadline to provide the missing information and documents. If the applicant fails to meet this deadline, then the Development Officer shall advise that the application is incomplete and deemed refused in accordance with the Municipal Government Act.
(3) When a Development Permit application is deemed complete the Development Authority shall, using information provided on the application form and all submission material, determine the appropriate land use definition(s) for proposed development.
(4) Where a development is capable of fitting within the definition of more than one use, the use under which the development more clearly fits must govern.
(5) When a proposed development includes multiple uses, subject to any restrictions on use combinations contained within this Bylaw, the Development Authority must issue a single Development Permit listing each approved use.
(6) The Development Authority must consider a proposed development as a Discretionary Use in accordance with the requirements of this Bylaw if he Development Permit application is for:
(a) Multiple uses including at least one Discretionary Use; or
(b) A Permitted Use which shares a use area with a Discretionary Use.
The Development Authority, in making a decision on a Development Permit application for:
(1) A Permitted Use:
(a) Shall approve, with or without conditions, the application if the proposed development conforms with this Bylaw; or
(b) May approve the application, with or without conditions, even if the proposed development does not conform with this Bylaw, if, in the opinion of the Development Authority there would not be an undue impact on the use, enjoyment, amenity and value of the adjacent properties and/or neighbourhood, or if the impact on such properties could be mitigated through the adherence of specific conditions of approval.
(c) May refuse the application if the proposed development does not conform to this Bylaw.
(2) A Discretionary Use:
(a) May approve the application if it meets the requirements of this Bylaw, with or without conditions, based on the merits of the application including Compatibility with existing or future uses, any approved statutory plan or approved policy affecting the site; or
(b) May refuse the application even though it meets the requirements of this Bylaw if the proposed development is not compatible with existing or future uses or for any other planning and development reason.
(3) A Discretionary Use in a Direct Control District:
(a) May consider the application and may approve the application providing it meets the direction set out by Council, where Council has delegated the decision to another Development Authority; and
(b) Shall refer the development application to Council recommending approval with conditions or recommending refusal, when Council has not delegated the decision to another Development Authority.
(4) In reviewing a Development Permit application for a Discretionary Use, the Development Authority shall have regard to:
(a) The purpose and intent of any statutory plan adopted by the City;
(b) The purpose and intent of any non-statutory Plan and pertinent policy adopted by the City.
(c) The purpose and intent of the applicable Land Use District;
(d) The circumstances and merits of the application, including but not limited to:
i. The design, character and appearance of the proposed development and, in particular, whether it is Compatible with and complementary to the surrounding properties;
ii. Servicing requirements;
iii. Access and transportation requirements;
iv. Vehicle and pedestrian circulation within the parcel;
v. The impact on properties in the vicinity by such nuisance factors as smoke, airborne emissions, odours and noise;
vi. The impact on the public transit system, where applicable; and
vii. Sound planning principles.
(5) A Development Permit may be issued on a temporary basis for a period specified by the Development Authority.
(6) Notwithstanding any provision or requirements of this Bylaw, the Development Authority may establish a more stringent standard for a Discretionary Use when the Development Authority deems it necessary to do so to address any relevant planning and development matter.
(7) The Development Authority may approve a Development Permit with or without conditions for a use or site or a building that is neither a Permitted Use or a Discretionary Use in the District in which the development is to be located, provided that:
(a) The proposed use is similar to a use identified within the District and not more closely aligned with another use that is prohibited in that District;
(b) The proposed use is evaluated as a Discretionary Use; and
(c) All public notices of the Development Permit approval specifically reference the fact that the use was approved as a similar use.
(8) An application for a Development Permit may, at the option of the applicant, be deemed to be refused when the Development Authority does not make a decision within 40 days after the receipt of the application that is deemed to be complete by the Development Authority, unless an agreement to extend the 40-day period is entered into between the applicant and the Development Authority.
Unless as specific provision of this Bylaw provides otherwise, a Development Authority may allow a variance as a condition of a Development Permit if:
(1) The proposed development is a Permitted Use, Discretionary Use or Similar Use in the district in which it is to be located;
(2) The proposed development, with variance, would not unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land;
(3) The variance is a function of an aspect or feature that is specific to the site, building or sign to which it applies, not shared by other sites, buildings or signs in the City;
(4) The variance is a result of an error in the situating of a building or structure, and the rectifying of the error would create unnecessary hardship to the property owner;
(5) The variance is expressed to be a condition of Development Permit approval, and is specifically mentioned in public notices of the Development Permit approval; or
(6) The variance would not cause undue hardship to bring the subject building(s) or structure(s) into compliance with the requirements of the Safety Codes Act, the Alberta Building Code, and the Alberta Fire Code.
(1) The Development Authority may, as a condition of issuing a Development Permit for a Permitted Use or a Discretionary Use, require the applicant to enter into a Development Agreement with the City to do any or all of the following:
(a) Construct or pay for the construction of a road required to give access to the development,
(b) Construct or pay for the construction of a pedestrian walkway system to serve the development and/or 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,
(c) Install or pay for the installation of public utilities, other than telecommunications systems or works, that are necessary to serve the development,
(d) Construct or pay for the construction of off-street or other parking facilities,
(e) Construct or pay for the construction of loading and unloading facilities,
(f) Pay an off-site levy,
(g) Pay a redevelopment levy,
(h) Pay for all or a portion of a cost of an off-site improvement constructed or paid for in whole or in part by the City or another party at any time prior to the date of approval of the Development Permit which benefits the development,
(i) Construct or pay for all or a portion of an off-site improvement having excess capacity, subject to an endeavor to assist agreement, and
(j) Provide security in the form of an unconditional Letter of Credit to ensure that the terms of the Development Agreement are carried out in accordance with Section 2.5 (Development Securities)
(2) The Development Authority may, as a condition of issuing a Development Permit for a Permitted Use or Discretionary Use, or as a condition of granting a variance to the Development Standards set out in the Land Use Bylaw with respect to either a Permitted Use or a Discretionary Use, impose any condition that addresses any relevant planning and development matter including:
(a) Ensuring that the development is constructed and maintained in accordance with the approved plans,
(b) Ensuring that the Development Standards set out in the Land Use Bylaw are met,
(c) Ensuring that recommendations from technical studies and reports are complied with,
(d) Ensuring that applicable provisions of Statutory Plans are complied with, and
(e) Ensuring that the City's Servicing Standards are met.
(f) Ensuring Compatibility,
(g) Ensuring that the purpose and intent of the Land Use District is met,
(h) Noise,
(i) Dust control,
(j) Landscaping,
(k) Special parking provisions;
(l) Location, appearance and character of a building;
(m) Grading of a site to protect other properties; and
(n) Buffering,
(o) Lighting,
(p) Environmental issues,
(q) Hours of operation, and
(r) Off-site road use including entering into a road use agreement
(3) Conditions for Discretionary Uses or a variance may require the Development Authority to impose higher standards than set out in the General Regulations for the purpose of addressing the above noted considerations.
(4) To ensure compliance with a Development Agreement, the City may register a caveat agreement against the property being developed which shall be discharged upon the terms of the Development Agreement being met. This requirement does not apply to developments under the authority and control of the Federal, Provincial, and Municipal governments.
For the purposes of this Bylaw, notice of the decision on an application for a Development Permit shall be given as follows:
(1) After approving any Development Permit application for a Permitted Use in full conformity with this Bylaw and without variance or relaxation, or a Development Permit application for a Sign that is a Discretionary Use and limited to a temporary period of a maximum of thirty (30) days, the Development Authority shall:
(a) Send a Notice of Decision to the applicant;
(b) Publish a notice online in accordance with the standards of Public Notification Bylaw No. B-02/2019 for the duration of the appeal period described in the Municipal Government Act.;
(c) Approve and issue the Development Permit as of the date of the decision.
(2) After approving any other Development Permit application not described by Section 2.4.6(1), the Development Authority shall:
(a) Send a Notice of Decision to the applicant;
(b) Publish a notice online in accordance with the standards of Public Notification Bylaw No. B-02/2019 for the duration of the appeal period described in the Municipal Government Act.;
(c) Send a notice stating the location and use of the parcel and additional details describing the approved development as deemed appropriate by the Development Authority to adjacent landowners.
(d) Require the applicant/owner to post a Notice of Decision for the duration of the appeal period described in the Municipal Government Act, stating the location and use of the parcel and additional details describing the approved development as deemed appropriate by the Development Authority conspicuously on the subject property.
(3) In addition to any notices described in Section 2.4.6(1) and (2), the Development Authority may direct that a Notice of Decision be mailed to all registered owners of land within an area in proximity to the lot of the proposed development that, in the Development Authority’s opinion, may be affected by the proposed development.
(4) When an application for a Development Permit is refused, the Notice of Decision, with reasons for refusal, shall be sent to the applicant.
(5) For purposes of this Bylaw, Notice of Decision of the Development Authority on an application for a Development Permit is deemed to have been received:
(a) On the date that the decision is given to the applicant, and as described under the Public Notification Bylaw 02/2019;
(b) Deleted.
(6) When notice is required pursuant to Section 2.4.6(2), a Development Permit shall not be issued:
(a) before the 21 day appeal period referred to in the Municipal Government Act has expired or;
(b) in the case of an appeal to the Subdivision and Development Appeal Board (SDAB), until such time as the appeal has been fully dealt with by the SDAB, or the Alberta Court of Appeal in the case of an appeal or leave to appeal of a decision of the SDAB, or the appeal has been withdrawn or abandoned.
(7) If an appeal is made to the Subdivision and Development Appeal Board against the Development Permit, the Development Permit will not come into effect until the Board approves or upholds the issuance of the Development Permit with or without conditions.
(1) If a Notice of Decision for approval has been granted by a Development Authority, all conditions required for the issuance of the Development Permit shall be met to the satisfaction of the Development Authority within twelve (12) months from the date of decision. The Development Authority may grant up to a six (6) month extension for the completion of the conditions. If the conditions required for the issuance of the Development Permit are not met within the time period granted, the Development Permit shall be deemed void.
(2) If the development authorized on an approved Development Permit has not commenced within twelve (12) months from the date of its issuance, the Development Permit shall be deemed void, unless the applicant advises the Development Authority, within forty (40) days prior to the expiry of such twelve (12) month period, that the applicant desires an extension and the Development Authority grants an extension. The Development Authority may grant up to a six (6) month extension of a Development Permit.
(3) A development shall be completed to the satisfaction of the Development Authority within twenty-four (24) months of the Development Authority’s issuance of the Development Permit, unless the applicant applies for and obtained an extension from the Development Authority forty (40) days prior to the end of the twenty-four (24) month period.
(4) The Development Authority may suspend or cancel a Development Permit following its approval or issuance:
(a) If the application contains an misrepresentation;
(b) If the fees have not been paid or a cheque is returned “NSF”;
(c) Where facts have not been disclosed which should have been at the time of consideration of the application for the Development Permit;
(d) If the Development Permit was issued in error;
(e) As part of a Bylaw Enforcement action pursuant to Section 2.8.7(5);
(f) Where the applicant requests, by way of written notice to the Development Authority, the cancellation of the Development Permit, provided that commencement of the use, development or construction has not occurred, or;
(g) If the development or use of the land has been abandoned for a period exceeding twelve (12) months.
(5) If the Development Authority suspends or cancels a Development Permit, the Development Authority must provide written notice of the suspension or cancellation of the application.
(6) Upon receipt of the written notice of suspension or cancellation, the applicant must cease all development and activities to which the Development Permit pertains.
(1) Where any part of an approved Development Permit is modified or updated over the course of construction, the Development Authority shall require the applicant to provide updated plans and information as deemed necessary by the Development Authority in order to understand the nature of the proposed changes, or apply for a revision to the Development Permit. When evaluating a revision to an approved Development Permit, the Development Authority shall consider the following:
(a) The location, orientation, capacity, and use of all buildings and structures approved under the Permit;
(b) Any potential impacts to site landscaping, amenity, access, parking, and circulation;
(c) Any changes to quantities and measures required under this Bylaw – including setbacks, allocation of lot coverage, provisions for landscaping, tree counts, parking stalls, amenity area, etc.
(2) The Development Authority, in reviewing a revision to an approved Development Permit:
(a) Where the proposed revisions do not impact any of the above noted items, or in the case of any measures required under this Bylaw, where there are minimal changes and the proposed revisions are still in compliance with this Bylaw, the Development Authority may approve such revisions and notify the applicant in the form prescribed by the City.
(b) Where the proposed revisions include a change that impacts any of the above noted items, where there is substantial change to any measures required under this Bylaw, or where the proposed revisions require adjustments to the Development Permit Conditions or the granting of a variance pursuant to this Bylaw the Development Authority shall require a new Development Permit application to be made for the proposed revisions, which shall be reviewed in accordance with Section 2.4 (Development Approval Process).
(c) Where the proposed revisions include a change to the approved location, orientation, capacity, and use of the approved Development Permit, the Development Authority shall require a new Development Permit application to be made in full, subject to the requirements of Section 2.3 (Development Applications).
The City collects securities through the Development Permit process to cover on and off site improvements which affect the safety of the site and the quality of the built environment. As part of the development approval, applicants may be required to post securities for Development Permits.
(1) Where identified by the conditions of a Development Permit approval or an agreement required pursuant to Section 2.4.5 (Development Permit Conditions), development securities shall be required.
(2) The amount required as security shall be based on the estimated cost of construction of on-site and off-site infrastructure pursuant to the table below, unless otherwise determined in the terms of the Development Permit approval or the Development Agreement.
(3) Cost estimates are subject to review and verification by the Development Authority, and quoted costs shallbe valid for the required work.
(4) A cost estimate shall include the items identified in Table 2:
Table 2: Items Included in Cost Estimates
| Type of Work | Details to be included in estimate |
|---|---|
| On-site Landscaping Costs | Rough grading of the landscaped area; Minimum of 300mm of topsoil and sod or seed; Trees and shrubs in accordance with approved Development Permit drawings; 150mm height concrete curb separating landscaped areas and parking areas. |
| On-Site Accesses and Fire Lanes | Grading, granular base, construction and paving. |
| Other On-site works | Tree protection fencing; Construction fencing for the site; Retaining walls or similar structures; Parking stall and aisle painting and permanent signage; Garbage and recycling enclosures; Site screening; Environmental protection measures determined through the Development Permit conditions; Other works as may be required by the Development Authority. |
| Off-site Works | Works required for servicing the development, as may be required by the Development Authority |
(5) Securities shall be provided for an amount equal to 110% of the on-site work and 150% of the off-site work as outlined above.
(6) In addition to the items outlined in Table 2, the Development Authority may require securities for on-site or off-site remediation and protection of Municipal infrastructure related to an approved Development Permit.
(7) Securities shall be provided in a form acceptable to the Development Authority, which may include anirrevocable Letter of Credit, before the Development Permit is issued.
Where securities are provided as a Letter of Credit, the Letter of Credit shall:
(1) Be issued by a chartered bank or treasury branch;
(2) Be issued in Canadian funds;
(3) Be irrevocable;
(4) Contain provisions for either a covenant by the issuer that if the issuer has not received a release from the City thirty (30) days prior to the expiry date of the security, then the security shall automatically be renewed, upon the same terms and conditions, for a further period of one (1) year;
(5) Not contain any restrictions on the City’s ability to place a demand on the Letter of Credit, and;
(6) Allow for partial draws by the City, if the conditions of the Development Permit are not completed to the satisfaction of the Development Authority.
The owner of a development, or his/her designate, may apply for a Development Completion Certificate (DCC) to determine the degree of completion of the secured aspects of a development. The Development Completion Certificate process may initiate a reduction or release of securities by the City of Airdrie through the Development Completion Review outlined in Section 2.6.3:
(1) Where the City determines that the development has been completed in all aspects and no deficiencies are outstanding, the development securities shall be released.
(2) Where the City determines that deficiencies remain, the amount of development securities will be reduced, and the City will retain an amount corresponding to the estimated cost of the remaining deficiencies.
(a) Notwithstanding the items included in cost estimates and secured by the Development Authority, where there are deficiencies noted for non-secured aspects of the development, the Development Authority may retain an amount of the development securities for such deficiencies.
(b) Where the development securities are reduced and the estimated cost of the remaining deficiencies is less than $25,000, the City shall retain a minimum of $25,000 until such time as all works have been completed to the full satisfaction of the Development Authority.
(c) Where there are off-site works secured as part of a development, the Development Authority shall retain development securities until such time that a Final Acceptance Certificate (FAC) has been issued by the City's Engineering Services department for the off-site works. A portion of the required securities may be released with the issuance of a Construction Completion Certificate (CCC) by the Engineering Services department of the City of Airdrie.
(1) Securities for landscaping requirements shall be released once an inspection of the site demonstrates to the satisfaction of the Development Authority that the landscaping has been well maintained and is in a healthy condition.
(a) on completion of a successful inspection for freehold residential developments;
(b) after one year for other on-site landscaping covered under a development permit application, or;
(c) after two years and following the issuance of a Construction Completion Certificate (CCC) and Final Acceptance Certificate (FAC) by the Engineering Services department of the City of Airdrie.
(2) Landscaping shall be required to be completed within twelve months of the completion of the approved development. In the event seasonal conditions prohibit the completion of landscaping, the site shall have all landscaping completed prior to July 15 of the following growing season.
(3) A request for a Landscaping Completion Inspection must be submitted no later than September 30 of each calendar year. The timing and scheduling of Landscaping Completion Inspection are subject to weather, ground, and seasonal conditions that allow for an effective assessment of the site at the discretion of the Development Authority.
(1) In circumstances where the Development Authority has identified that a development or aspects thereof have not been completed to the satisfaction of the Development Authority and the owner/applicant has refused to address the deficiencies to the satisfaction of the Development Authority:
(a) The City may draw on the development securities and the amount thereof shall be paid to the City for its use in completing the deficient aspects of the development.
(b) Notwithstanding the list of on-site and off-site works used as a basis for the cost estimate and securities above, the Development Authority may use securities to complete any deficient aspects of the development relating to site functionality, life and safety issues, and overall completion of the development.
(c) All expenses incurred by the City, to renew or draw upon any irrevocable Letter of Credit, shall be reimbursed by the owner/applicant to the City by payment of invoice or from the proceeds of the Letter of Credit.
(d) In the event the owner/applicant does not complete the required conditions of the Development Permit and the proceeds from the Letter of Credit are insufficient for the City to complete the required work, should it elect to do so, the City may take enforcement actions deemed appropriate under the Municipal Government Act.
(2) Where the City has drawn on development securities, the City shall provide an accounting to the owner/applicant indicating how the proceeds of the securities were applied within sixty (60) days of completing the deficient aspects of the development.
(1) When required as a condition of a Development Permit, or as a part of a Development Agreement the owner of the development, or his/her authorized designate shall apply for a Development Completion Certificate (DCC) when the approved development has been completed to ensure that all requirements and standards of the Development Authority have been met.
(2) When development securities have been required by the City in accordance with Section 2.5.1 (Development Security Requirements), the owner of the development may apply for a Development Completion Certificate (DCC) to determine the degree of completion of the secured aspects of the development and initiate a reduction or release of securities pursuant to Section 2.5.3 (Reduction and Release of Securities).
Application for a Development Completion Certificate shall be made on the prescribed form and shall list as completed all the requirements and conditions of approval of the Development Permit.
When the owner of the development applies for a Development Completion Certificate (DCC), the Development Authority may require:
(1) A Real Property Report or Final Site Plan describing the true location of all completed buildings, structures, features, and accesses;
(2) Digital copies of the approved Development Permit drawings;
(3) Digital and hard copies of as-built drawings for any services installed as part of the development;
(4) A letter from a professional engineer, confirming the site grading, drainage, and servicing has been constructed according to the approved design;
(5) Issuance of CCC and FAC for off-site infrastructure works or rehabilitations, and;
(6) Any other information required to evaluate the completion of the development.
After receiving a DCC application, the Development Authority shall evaluate the information provided and determine the degree to which the development has been completed. This review may include confirming that:
(1) All buildings, parking, landscaping, and any other on-site or off-site improvements that are part of the Development Agreement have been developed in accordance with the approved Development Permit drawings;
(2) All elements of the site secured in accordance with Section 2.5.1 (Development Security Requirements) have been completed to the satisfaction of the Development Authority;
(3) The site grading, drainage, and servicing has been constructed according to the approved design;
(4) All services required for the development have been properly installed and inspected;
(5) There has been no damage or impacts to off-site Municipal infrastructure;
(6) All conditions of the Development Permit have been met, and;
(7) Where the Development Authority is able to confirm, the land uses are consistent with those approved through the Development Permit.
(1) Development Completion Inspections are typically scheduled between April 1 and October 31 of each calendar year, and Development Completion Certificate Applications should be submitted no later than September 30.
(2) The timing and scheduling of inspections are subject to weather, ground, and seasonal conditions that allow for an effective assessment of the site at the discretion of the Development Authority.
(3) Where the Development Authority determines that there are deficiencies and elements of the Development Completion Review have not been completed, the Development Authority shall issue a notice to the owner which should:
(a) List the nature of the deficiencies
(b) Give reasonable particulars of the corrective actions required to correct or complete the deficiencies, and may
(c) State a time period within which the corrective actions are to be completed.
(4) Where the Development Authority determines that there are no deficiencies and all elements of the Development Completion Review have been completed, the Development Authority shall issue a Development Completion Certificate confirming that the development has been completed.
Preamble: In accordance with the provisions of the Municipal Government Act, this section of the Land Use Bylaw outlines the procedure and associated requirements for appealing a decision on a Development Permit to the Subdivision and Development Appeal Board, the Municipal Government Board, or the Court of Appeals. The intent of this section is to inform applicants of their rights and procedures pertaining to subdivision and development appeals.
In accordance with the provisions of the Municipal Government Act, the City has established a Subdivision and Development Appeal Board.
(1) The person applying for a Development Permit or affected by a Stop Order, or any person affected by a decision or Stop Order may appeal the decision to the Subdivision and Development Appeal Board when a Development Authority:
(a) Refuses or fails to issue a Development Permit to within 40 days of receipt of a completed application;
(b) Issues a Development Permit subject to conditions;
(c) Issues a Development Permit where the provisions of the Bylaw were relaxed; or
(d) Issues a stop order under Section 645 of the Municipal Government Act.
(2) A Development Permit for a Permitted Use may only be appealed if the provisions of this Bylaw were varied, relaxed or misinterpreted.
(3) In addition to the applicant, any person affected by a Development Permit or the decisions on it, may appeal to the Subdivision and Development Appeal Board.
(4) An appeal shall be commenced by filing a notice of appeal, containing reasons, with the Secretary of the Subdivision and Development Appeal Board within twenty-one (21) days;
(a) In the case of an appeal by the applicant, after
i. The date the applicant is notified of the decision; or
ii. If no decision is made on the Development Permit application within 40 days of the application being made, the date that period or any extension of it expires.
(b) In the case of an appeal by a person affected, after the date on which the City publishes notice of the Development Permit decision in the newspaper circulating in the City.
(5) A decision on a development application within a Direct Control District cannot be appealed where Council is the Development Authority for that Direct Control District.
(1) If the decision to approve a Development Permit application is reversed by the Board, the Development Permit shall be null and void.
(2) If the decision to refuse a Development Permit application is reversed by the Board, the Development Officer must issue a Development Permit in accordance with the decision of the Board, unless the Board directs otherwise.
(3) If the decision to approve a Development Permit application is varied by the Board, the Development Officer must issue a Development Permit in accordance with the terms of the decision of the Board, unless the Board directs otherwise.
Preamble: This section of the Land Use Bylaw outlines the procedures for enforcing the provisions outlined in this Bylaw and the associated fines and penalties. The purpose of this section is to ensure that development within the City of Airdrie is orderly, economical and beneficial; and that the requirements of this Bylaw are enforced fairly and consistently.
(1) In accordance with the provisions of the Municipal Government Act, this section of the Land Use Bylaw outlines the procedure for enforcing the provisions of the Land Use Bylaw, Part 17 of the Municipal Government Act or its regulations as amended, a Development Permit, or Subdivision approval.
(2) For the purposes of this Land Use Bylaw, a Peace Officer and Development Officer are Designated Officers for the purposes of carrying out inspections, remedial actions, and enforcement.
(3) A Development Officer, or the Development Authority as outlined under Section 2.1, may enforce the provisions of the Municipal Government Act and its regulations, this Bylaw, the conditions of a Development Permit and the conditions of a Subdivision Approval. Enforcement may be by way of written warning, Stop Order, Violation Ticket, injunction order, or any other authorized action to ensure compliance.
(4) Only a Development Authority may issue a Stop Order pursuant to Section 645 of the Act and Section 2.8.8 of this Bylaw.
(1) After providing reasonable notice to the owner or occupant of land or a building in accordance with Section 542 of the Municipal Government Act, a Designated Officer may enter any land or building at reasonable times to ascertain if the requirements of this Bylaw are being met.
(2) For the purpose of this Section, “reasonable notice" means not less than 48 hours except in the case of an emergency or extraordinary circumstance, in which case no notice is required to be provided.
(3) For the purpose of this Section, “reasonable time" means any time between 8 am and 8 pm, Monday-Friday with the exception of statutory holidays, except in the case of an emergency or extraordinary circumstance, in which case the Designated Officer may enter the land or building at any time.
(4) If a person fails or refuses to comply with a Stop Order or an order issued by the Subdivision and Development Appeal Board pursuant to Section 687 of the Municipal Government Act, a Designated Officer may enter the land or the building and take any steps necessary to carry out the order in accordance with Section 542 of the Municipal Government Act and this Section.
(5) No person shall prevent or obstruct a Designated Officer from carrying out any official duty under this Bylaw. If a person prevents, obstructs or interferes with a Designated Officer carrying out any official duty under this Bylaw or if a person refuses to produce anything to assist the Designated Officer in carrying out his/her official duties pursuant to this Bylaw, then the City may apply to the Court of Queen's Bench for an Order pursuant to Section 543 of the Municipal Government Act.
(1) Where the Development Officer finds that a development, land use or use of a building is in contravention of this Bylaw, Part 17 of the Municipal Government Act, the regulations under Part 17 of the Municipal Government Act, a Development Permit or Subdivision Approval, or the provisions of an agreement entered into pursuant to Section 650 or 655 of the Municipal Government Act, the Development Officer may issue a written warning to the owner and/or occupant of the property or development.
(2) The Warning Letter shall describe the subject property or development by:
(a) Municipal address or location; and/or
(b) Legal description.
(3) The Warning Letter should:
(a) State the nature of the contravention;
(b) Give reasonable particulars of the corrective actions required to remedy the contravention;
(c) State the time period within which the corrective actions are to be done to bring the development, land use or use of the building into compliance;
(d) Unless considered to be a matter of life safety or otherwise stated, give not less than seven (7) days’ notice from the date of delivery of the Warning Letter for compliance; and
(e) State that if the contravention is not remedied, the City may undertake further enforcement measure(s) pursuant to this Bylaw and the Municipal Government Act.
(4) The Development Officer may serve the Warning Letter by any or all of the following means:
(a) Personally delivering the Warning Letter to the owner and/or occupant of the subject property, structure or development;
(b) Delivering the Warning Letter by regular mail addressed to the owner at the owner's address as shown on the assessment roll for the property and/or at the last known postal address of the occupant to whom the Warning Letter is addressed;
(c) Posting the Warning Letter in a conspicuous place on the subject property, structure or development when the Development Officer has reason to believe that it is improbable that the Warning Letter will be received by the owner and/or occupant to whom it is addressed within seven (7) days of the date of delivery of the Warning Letter if it is delivered in any other form or if there is reason to believe that the owner and/or occupant is evading service of the Warning Letter.
(5) Where the Warning Letter is served by posting the Warning Letter on the property, structure or development in contravention or served personally to the owner and/or occupant of the subject property, structure or development, service is affected as of the date and time the Warning Letter was posted or delivered.
(6) Where the Warning Letter is served via regular mail, service shall be presumed to be effected:
(a) 7 days from the date of mailing if the Warning Letter is mailed to an address in Alberta, or
(b) 14 days from the date of mailing if the Warning Letter is mailed to an address outside of Alberta.
In addition to other enforcement remedies available to the City as set out in this Bylaw and the Municipal Government Act, all sign development which is in contravention of this Bylaw or the conditions of a permit shall be subject to the following enforcement action which may be taken in addition to, or as an alternative to, all other enforcement remedies available to the City:
(1) Any sign or other advertising device placed on any wall or fence or elsewhere on or adjacent to a public roadway or public place without a permit or placed in contravention of this Bylaw or a permit may be removed by the City without any prior notice being provided to the owner of the sign or other advertising device;
(2) The owner of any sign or advertising device placed on any wall or fence or elsewhere on or adjacent to a public roadway or public place without a permit or placed in contravention of this Bylaw or a permit shall be liable for the costs incurred by the City incurred in removing the sign or advertising device; and
(3) Any sign or other advertising device removed in accordance with this section must be claimed within thirty (30) days of its removal by the City or the sign or other advertising device shall be deemed to be abandoned property and the City shall dispose of the sign or other advertising device as the City deems appropriate.
(1) Any person who:
(a) Contravenes or causes, allows or permits a contravention of any provision of this Bylaw;
(b) Contravenes or fails to comply with a Development Permit or any conditions forming part of the Development Permit;
(c) Contravenes or fails to comply with a subdivision approval or any conditions forming part of the subdivision approval;
(d) Contravenes or fails to comply with an agreement entered into pursuant to Section 650, 651 or 655 of the Municipal Government Act;
(e) Authorizes or proceeds with any development that is at variance with the description, specification or plans that were the basis for the issuance of a Development Permit;
(f) Authorizes or proceeds with any subdivision that is at variance with the description, specification or plans that were the basis for the issuance of a subdivision approval;
(g) Continues development after a Development Permit has expired, been revoked or suspended;
(h) Continues with subdivision after subdivision approval has expired, been revoked or suspended;
(i) Having been issued a Stop Order, does not complete the corrective measures described within the Order within the time period specified;
(j) Displays any sign in an abandoned or derelict state; or
(k) Displays any sign without a valid permit where a permit is required by this Bylaw, Is guilty of an offence and is liable upon summary conviction to a fine in an amount not to exceed $10,000.00, imprisonment for not more than one year, or to both fines and imprisonment.
(2) For the purposes of this section, Council intends that all offences created under this Bylaw are to be interpreted as strict liability offences.
(1) A Designated Officer is hereby authorized and empowered to issue a Voluntary Payment Tag to any Person who the Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw.
(2) A municipal Voluntary Payment Tag may be issued to such Person:
(a) either personally; or
(b) by mailing a copy to such Person at their last known address.
(3) Where a Voluntary Payment Tag is issued pursuant to this Bylaw, the Person to whom the Voluntary Payment Tag is issued may, in lieu of being prosecuted for the offence, pay to the City the penalty specified on the Voluntary Payment Tag.
(4) This section does not prevent a Designated Officer from issuing a violation ticket requiring a court appearance of the defendant, pursuant to the provisions of the Provincial Offences Procedures Act, or from the Development Authority first issuing a Stop Order in accordance with this Bylaw and the Municipal Government Act in lieu of or in addition to issuing a violation ticket.
(5) If the penalty specified on a Voluntary Payment Tag is not paid within the prescribed time period, then a Designated Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to the Provincial Offences Procedures Act.
(6) Notwithstanding any other provision of this Bylaw, a Designated Officer is hereby authorized and empowered to immediately issue a Violation Ticket pursuant to the Provincial Offences Procedures Act to any Person who the Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw
(7) This section does not prevent a Designated Officer from issuing a Violation Ticket requiring a court appearance of the defendant, pursuant to the provisions of the Provincial Offences Procedures Act, or from the Development Authority first issuing a Stop Order in accordance with this Bylaw and the Municipal Government Act in lieu of or in addition to issuing a violation ticket.
(8) Specified and minimum penalties for any offence under this Bylaw are outlined in Table 3.
Table 3 : Minimum and Specified Penalties for Land Use Bylaw Enforcement
| Section | Offence | Minimum Penalty First Offence | Specified Penalty First Offence |
|---|---|---|---|
| 2.3.2(1), 2.4.5 | Failure to obtain a Development Permit / Failure to comply with Development Permit conditions | $1,500 | $2,500 |
| 2.3.1(1) | Occupy or commence use prior to Development Permit issuance | $1,500 | $2,500 |
| 2.8.2(5) | Failure to allow inspection / Hinder inspector | $1,000 | $1,500 |
| 5.9.4 | Illegal display of Third-Party Advertising | $1,000 | $1,500 |
| 5.9.2, 5.9.3 | Failure to comply with standards for Digital Media or Sign Illumination | $1,000 | $1,500 |
| 7.1 | Illegal Adverse Effects or Nuisance | $1,000 | $1,500 |
| 7.18 | Failure to Shield or Mitigate Lighting | $1,000 | $1,500 |
| N/A | Other failure to comply with Land Use Bylaw standards or requirements | $500 | $750 |
(9) Where a contravention of this Bylaw is of a continuing nature, further Voluntary Payment Tags or Summons may be issued by a Designated Officer provided that no more than one (1) Voluntary Payment Tags or Summons shall be issued for each calendar day that the contravention continues.
(10) Where any Person commits the same offence under this Bylaw more than once in one twenty-four (24) month period, the minimum and specified penalties in respect of the offences shall be:
(a) double the amount shown in Table 3 for the second offence.
(b) triple the amount shown in Table 3 for the third offence.
(c) at the discretion of the Development Authority, but not to exceed $10,000, for additional subsequent offences after the third.
(1) Where the Development Officer finds that a development, land use or use of a building is in contravention of this Bylaw, Part 17 of the Municipal Government Act, the regulations under Part 17 of the Municipal Government Act, a Development Permit or Subdivision Approval, the conditions of a Development Permit, the conditions of a Subdivision Approval or the provisions of an agreement entered into pursuant to Section 650 or 655 of the Municipal Government Act, the Development Officer may, by written notice, order the owner, the person in possession of the land or building, or the person responsible for the contravention, or any or all of them to:
(a) Stop the development or use of land or building in whole or in part as directed by the notice;
(b) Demolish, remove or replace the development; and/or
(c) Carry out any other actions required by the notice so that the development or use of land or use of the building complies with the Act, this Bylaw, a Development Permit, a subdivision approval or agreement, Within the time set out in the notice.
(2) The Development Officer may serve the Stop Order by any or all of the following means:
(a) Personally delivering the Stop Order to the owner and/or occupant of the subject property, structure or development;
(b) Delivering the Stop Order by regular mail addressed to the owner at the owner's address as shown on the assessment roll for the property and/or at the last known postal address of the occupant to whom the Stop Order is addressed;
(c) Posting the Stop Order in a conspicuous place on the subject property, structure or development when the Development Officer has reason to believe that the owner and/or occupant is evading service of the Stop Order.
(3) Where the Stop Order is served by posting the Stop Order on the property, structure or development in contravention or served personally to the owner and/or occupant of the subject property, structure or development, service is affected as of the date and time the Stop Order was posted or delivered.
(4) Where the Stop Order is served via regular mail, service shall be presumed to be effected:
(a) 7 days from the date of mailing if the Warning Letter is mailed to an address in Alberta, or
(b) 14 days from the date of mailing if the Warning Letter is mailed to an address outside of Alberta.
(5) A person who is affected by the Stop Order may appeal the Stop Order to the Subdivision and Development Appeal Board in accordance with Section 685 of the Municipal Government Act.
(6) If a person fails or refuses to comply with a Stop Order or an order issued by the Subdivision and Development Appeal Board pursuant to Section 687 of the Municipal Government Act, the City may do one or more of the following:
(a) Obtain an injunction or other order from the Court of Queen’s Bench pursuant to Section 554 of the Municipal Government Act;
(b) Register a caveat under the Land Titles Act in respect of the order against the certificate of title for the subject land; and
(c) A Designated Officer may enter into or upon the land or building pursuant to Section 542 of the Municipal Government Act and take any action necessary to carry out the order pursuant to Section 646 of the Municipal Government Act.
(7) The costs and expenses incurred by the City in carrying out a Stop Order may be:
(a) Charged to the registered owner of the lands subject to the Stop Order; and
(b) Added to the tax roll of the lands subject to the Stop Order whereupon the amount is deemed to be property tax and forms a special lien against the land.