Administration Section of the Land Use Bylaw

Most people typically interact with the Land Use Bylaw if you are planning to build on your property, set up a business, or subdivide land.  In most cases, you may not realize that an important component of the Land Use Bylaw is the Administration section.  This part of the Land Use bylaw:

• outlines the system for the processing and issuing of development permits;

• assigns to the appropriate development authority (either the Development Officer or the Municipal Planning Commission) the task of receiving, processing, and deciding on development permit and subdivision applications;

• lists applicable conditions which can be placed on an approval;

• includes the procedural and applicable rules that guide the decision-maker when tasked with dealing with applications;

• provides a framework on how decisions, if approved or refused, can be appealed, and

• contains the process on how the Land Use Bylaw itself can be amended.    

It is proposed that the current Administrative Section be enhanced to provide greater detail and clarity regarding the methods and procedures for implementing the land use bylaw in accordance with the Municipal Government Act and current case law.  The section includes regulation and policies regarding the following general topic areas. 

Enactment:         This section of regulations gives an official name to the bylaw, outlines the scope and purpose, and repeals the former bylaw and amendments previously made to it.   As well, it confirms how the MD will interpret measurements, diagrams, and the land use district map.  It includes which application forms are to be used, the location of definitions within the bylaw and how fees associated with development with be determined.  

Approving Authorities:  The Municipal Government Act requires that municipalities establish a number of approving authorities, each of which is tasked with a number of functions in the planning and development process.  All municipalities identify specific roles of the Development Authority in the Land Use Bylaw, and currently the MD has both Development Officers and the Municipal Planning Commission (MPC) who decide on development permit applications.  In addition, the MPC is also tasked with deciding upon subdivision applications.  Council has a limited role in subdivision and development applications and only acts as the Development Authority on applications on land designated Direct Control.  Finally, the local Subdivision and Development Appeal Board acts as in approving authority when adjudicating appeals before the Board.  The Administrative section identifies the duties and responsibilities of each approving authority as determined by the MD Council. 

12. Development Authority
13. Subdivision Authority
14. Development Officer – Powers and Duties
15. Municipal Planning Commission
16. Council
17. Subdivision and Development Appeal Board

Development and Subdivision in General:  This section provides general guidance on the establishment of categories of land use districts, which are more fully described in the main body of the Land Use Bylaw.  As well, it contains a list of criteria to determine the suitability of land to be subdivided or developed and limits the number of dwellings on a parcel to one (1) unless specifically described, as in the case of second farm dwellings.  It outlines when and how development which does not conform to the uses or zoning found in the Land Use Bylaw can continue to operate and under what circumstances a new permit or change from one land use district to another would be necessary.  This section delineates when and what would be required to be included in a development agreement and when security would need to be posted with the municipality to ensure development proceeds in accordance with the permit conditions or infrastructure is designed and installed correctly.  Finally, the Land Use Bylaw includes regulations on how to calculate Minimum Distance Separation from confined feeding operations, how architectural controls are established and processed in development approval, and the rules around the issuance of certificates of compliance when requested by landowners.  

18. Land Use Districts
19. Suitability Of Sites
20. Number Of Dwellings on a Parcel
21. Non-Conforming Building and Uses
22. Development on Non-Conforming Sized Lots
23. Development Agreements
24. Guaranteed Security Triggered by Development Permits
25. Minimum Distance Separation Calculations
26. Architectural Controls
27. Municipal Approval of Encroachments
28. Certificate Of Compliance

Development Permit Rules and Procedures:   This section contains the framework for development permit applications, including what information needed to be submitted to deem an application complete for processing purposes.  It contains the process for reviewing and approving both permitted and discretionary uses as well as when additional planning information may be requested.   It also contains rules on how to process similar and temporary uses.   It also includes the process for referrals to adjacent landowners and other affected parties including when notification occurs and how long landowner have to make comments to be submitted for consideration in the decision-making process.  The section includes a process for notification once a decision has been made and how affected persons can file an appeal of the decision and conditions.   Finally, the section contains regulations on permit validity, time extensions to approvals, what minor changes may be made to a permit approval, and which would require reapplication and a new permit, and under what circumstances a permit could be cancelled or suspended. 

29. Development Permit – When Required
30. Development Not Requiring a Permit
31. Development Permit Applications
32. Determination of Complete Development Permit Applications
33. Permitted Use Applications
34. Discretionary Use Applications
35. Additional Planning Requirements
36. Direct Control Districts
37. Similar Use
38. Temporary Use
39. Applications Requiring a Variance
40. Limitations on Variance Provisions
41. Notification of Adjacent Landowners and Persons Likely Affected
42. Notice of Decision for Development Permits
43. Commencement of Development
44. Failure to Make a Decision – Deemed Refused
45. Development Permit Validity
46. Development Permit Extension
47. Changes to an Approved Development Permit
48. Transferability of Development Permit
49. Reapplication for a Development Permit
50. Suspension or Cancellation of a Permit

Subdivision Rules and Procedures:  This section contains the framework for subdivision applications, including what information is needed to be submitted to deem an application complete for processing purposes.  It contains the process for reviewing and approving subdivision applications as well as when additional planning information may be requested.   It also contains regulations when variances to parcel size may be considered. 

51. Subdivision Applications
52. Incomplete Subdivision Applications
53. Subdivision Approval Validity
54. Application of Subdivision Policies
55. General Requirements for All Subdivisions
56. Variance of Measurable Standards

Appeals and Enforcement:  This section contains the structure and regulations for appeals and non-compliant development within the MD.   The provincial legislation has a clear process for landowners or applicants to appeal development decisions as well as landowners for their own subdivision decisions.  There is no appeal right afforded to adjacent landowners of a subdivision approval.  The enforcement of non-compliance has a stepped approach which starts with a notice of violation, which if ignored, would be elevated to a stop order being issued by the MD. 

57. Appeals and Procedures
58. Notice of Violation
59. Stop Orders
60. Enforcement of Stop Orders
61. Penalties And Right of Entry

Amendments:    The Land Use Bylaw is a living document which means it can be amended to include new uses, land can be changed from one land use district to another to accommodate a new development, and criteria for development of specific uses can be changed or augmented.  This section contains the framework for applications to amend the Land Use Bylaw, including what information needed to be submitted to support application, including the preparation of an area structure plan if applicable.   It also contains regulations when to rescind land use zoning for projects that do not develop. 

62. Amendments to the Land Use Bylaw
63. Land Use Resignation Application Requirements
64. Area Structure Plan Requirement
65. Decisions on Amendments to the Land Use Bylaw
66. Land Use Redesignation Reapplication
67. Rescinding Land Use Redesignations Amending Bylaw

Administrative Definitions:  This section contains definitions of planning terms that are used in the Land Use Bylaw.  Use specific definitions are found in another section of the bylaw. 

68.           Administrative Definitions