Bylaw Amendments

This part introduces readers to the Land Use Bylaw, the local Development Authority, the process for amending this Bylaw, and the consequences for contravening it.

1.14 Amending the Land Use Bylaw

1. An application to amend this Bylaw may be made as follows:
   1. In the case of an application to redistrict a site, any owner of the site or their authorized agent may, in accordance with section 1.15 ‘Land Use Redistricting Application,’ apply in writing to the Development Authority Development Authority has the same meaning as set out in the MGA. to change the Land Use District applicable to the site; or
   2. In the case of an application to amend the text of the Land Use Bylaw, any person may apply in writing to the City to have the text amended, in accordance with section 1.16 ‘Text Amendment Application.’

1.15 Land Use Redistricting Application

1. An application to redistrict a specific site shall be accompanied by the following:
   1. A completed application form as prescribed by the Development Authority;
   2. A copy of the Certificate of Title for the lands affected, dated not more than 30 days prior to the date of the application;
   3. Copies of any registered caveats or restrictive covenants;
   4. Copies of any documents satisfactory to the Development Authority verifying that the Applicant has a legal interest in the land for at least the period of time necessary to process the application at a public hearing;
   5. A statement of the reasons for the request to amend this Bylaw;
   6. Vicinity maps produced at a scale satisfactory to the Development Authority and including a level of detail satisfactory to the Development Authority, that provide dimensions of each boundary of the amendment area, show the relationship of the proposed District to existing land uses within a 100.00 m 328.08 ft. radius of the boundaries of the site, and provide the location and nature of any prominent geographical or natural features;
   7. A statement of how the proposed amendment conforms to the MDP, and any applicable ASP Area Structure Plan (ASP) means a statutory plan, as provided for in the MGA, which provides direction through policies on future development areas., ARP Area Redevelopment Plan (ARP) means a statutory plan, in accordance with the MGA, which provides direction through policies on the redevelopment of existing areas., or NP Neighbourhood Plan (NP) means a non-statutory plan whose plan area must be located within an approved Area Structure Plan.;
   8. The prescribed fee under the Master Rates Bylaw;
   9. Where the Applicant is an agent acting for the landowner, a completed Owner’s Authorization Form; and
   10. Any other information requested at the discretion of the Development Authority.
2. Where an application to amend this Bylaw leads to an amending bylaw presented to Council that is not passed, or when the application is withdrawn by the Applicant after advertisement of the proposed amending bylaw, another application for the same or substantially the same amendment on the same site shall not be made by the same or any other Applicant until at least six months after:
   1. The date of Council’s decision to not pass the amending bylaw; or
   2. The date the Applicant’s letter of withdrawal was received by the City.
3. An application to redistrict a lot Lot means: 1) A quarter section; 2) A river lot shown on an official plan, as defined in the Surveys Act, RSA 2000, c. S-26, that is filed or lodged in a land titles office; 3) A settlement lot shown on an official plan, as defined in the Surveys Act, RSA 2000, c. S-26, that is filed or lodged in a land titles office; 4) A part of a lot described in a certificate of title, if the boundaries of the part are described in the certificate of title other than by reference to a legal subdivision; 5) A part of a lot described in a certificate of title, if the boundaries of the part are described in a certificate of title by reference to a plan of subdivision. to a Direct Control DC District must be accompanied by the additional information noted in section 1.17 ‘Direct Control District Application.’

1.16 Text Amendment Application

1. All applications for a non-site-specific text amendment to this Bylaw shall be accompanied by the following:
   1. A completed application form as prescribed by the Development Authority Development Authority has the same meaning as set out in the MGA.;
   2. A statement of the reasons for the request to amend this Bylaw;
   3. A statement of how the proposed amendment conforms to the policies and intent of the MDP, and any applicable ASP Area Structure Plan (ASP) means a statutory plan, as provided for in the MGA, which provides direction through policies on future development areas., ARP Area Redevelopment Plan (ARP) means a statutory plan, in accordance with the MGA, which provides direction through policies on the redevelopment of existing areas., or NP Neighbourhood Plan (NP) means a non-statutory plan whose plan area must be located within an approved Area Structure Plan.;
   4. A fee, as established within the Master Rates Bylaw; and
   5. Any other information requested at the discretion of the Development Authority.

1.17 Direct Control District Application

1. Application requirements for the submission of a Direct Control Direct Control means a customized land use designation. A Direct Control development or District has a set of rules specific to a particular property or development. District must include:
   1. All information required for a ‘Land Use Redistricting Application’ Section 1.15;
   2. A written statement indicating why, in the Applicant’s opinion, a Direct Control District is necessary and why the same results cannot be achieved through the use of an existing District in this Bylaw;
   3. A list of Permitted Uses and Discretionary Uses proposed for the site;
   4. Plans and elevations or other documentation about the development, including site and building Building includes anything constructed or placed on, in, over, or under land, but does not include a highway or bridge that forms part of a highway.  characteristics, that would help to substantiate the need for the Direct Control District; and
   5. Any other information requested by the Development Authority and/or Council.

1.18 Acceptance

The Development Authority may refuse to accept an application to amend this Bylaw if the required information has not been supplied or if, in its opinion, the information supplied is of inadequate quality to properly evaluate the application.

1.19 Review

After an application to amend this Bylaw is accepted, the application shall be processed for consideration by Council.