BYLAW 4949
DEVELOPMENT CONTRO'L BYLAW
APPROVED MUNICIPAL PLANNING COMMISSION ACTION:
As to Form
~~~-":J~~~~~~~ Solicitor
Supported November 18, 1976 As to Contents R E VI S E D BYLAW N0.4949
. )~0 ·
·.id
s:pt: Plannin Far Vouncil • Consideratibn. I •.
Development Control Bylaw, a bylaw to exercise development control over parts of the City of Edmonton that are not zoned by the Zoning Bylaw, being Bylaw No. 2135, as amended.
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Commissioner WHEREAS the Municipal Council of the City of Edmonton enacted Bylaw No. 2624 on the 22nd day of March, 1965, pursuant to the Planning Act and pursuant to Development Control Order No. 1 (1964) of the City of Edmonton, as amended December 3lst, 1964; AND WHEREAS the Municipal Council now desires to revise and reenact the said bylaw. NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CITY OF EDMONTON, DULY ASSEMBLED, ENACTS AS FOLLOWS: TITLE
Section 1.
This bylaw may be cited as "The Development Control Bylaw". Section
2.
DEFINITIONS Words and phrases used in this bylaw have the meanings con-
tained in the Planning Act, and in addition: (1)
"Act" me.ans the Planning Act, being Chapter 276 of the Revised Statutes of Alberta, 1970, as amended from time to time;
(2)
"Applicant" means any person having a legal or equitable interest in property or acting as the authorized agent of such person;
(3)
"Building Code" or "Code" means the code in force in the City of Edmonton, as amended from time to time;
Dep
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Bylaw No.
4949
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(4)
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"City" means the municipal corporation of the City of Edmonton;
(5)
"Council" means the Council of the City of Edmonton;
(6)
"Development" means
(7)
(a)
the carrying out of any construction, demolition or excavation, or filling or other operations in, on, over or under land, or
(b)
making of any change in the use or the intensity of use of any land, buildings or premises.
"Development Appeal Board" or "Board" means the Development Appeal Board appointed by Council pursuant to Zoning Bylaw No. 2135 of the City, as amended;
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(8)
)!
"Development Officer" or "Officer" means the Superintendent of City Planning Department, or a member of his staff des-
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ignated by him in writing to act on his behalf; (9)
"Development Permit" means a certificate or document permitting a development, and includes a plan or drawing or a set of plans or drawings, specifications, or other documents upon which the permit is issued;
(10)
"Order" means the development control order No. 1 (1964) of the City, dated December lst, 1964, as amended December 3lst, 1964;
(11)
"Site" means an area of land consisting of one or more adjoining parcels or lots abutting on a street or lane.
Section 3. (1)
CONTROL OF DEVELOPMENT
Approval Required for Development No person shall undertake any development until approval is
granted and the necessary permits required by this bylaw have been issued,
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Bylaw No. 4949
except as provided in Section 4 of this bylaw. (2) Development Prohibited Notwithstanding anything contained in this bylaw, no person shall undertake any development, nor shall the Officer approve any application for development, nor the City undertake any development or a public work, that is at variance with or in contravention of the General Plan adopted by Council by Bylaw No. 3279 on May 18th, 1971, or the Preliminary Regional Plan adopted by the Edmonton Regional Planning Commission on January 8th, 1958, as amended, or that conflicts with or is inconsistent with any Preliminary Regional Plan or Regional Plan which may be adopted by the Edmonton Regional Planning Commission, PERMITTED DEVELOPMENT
Section 4.
No approval pursuant to this bylaw is required for any .development of the nature described in the following subsections unless the undertaking of such development would be in breach of, or constitute a variation of any condition imposed by any permit which may have been granted respecting the building or site involved in such development and provided always that any such development shall be undertaken in accordance with the provisions of this bylaw: (a)
The erection of any fence, wall, hedge or gate, provided that such structure is less than 6 feet 0 inches (1.8 meters) in height, and does not project into the front yard of a lot beyond the distance which the building on the site is set back from the front property line or would be so set back when erected.
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Bylaw No¡. 4949
The erection of any fencej wall hedge or gate, if such structure is less than 3 feet 0 inches (.9 meters) in height,exc that a development permit shall be required where such structure is built upon a corner site where its presence
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may obscure the view of the intersection for approaching vehicle drivers. (c)
The use of any building or land, or the construction or placing and the maintenance, improvement or other alteration of any structure
or enclosure within a site lawfully used
for one family dwelling purposes and required for a purpose incidental to the enjoyment of the dwelling, but not including a dwelling or extension, such as garages, garden sheds and other minor buildings, a swimming pool or a receiving or trans-
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mitting structure.
' (d)
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The carrying out of work or maintenance or repair to any building either lawfully in existence at the effective date of this
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bylaw or lawfully constructed thereafter, if the work does not include structure alterations or major works or renovation which will materially alter the external architectural appearance of the building. (e)
The change of use of a two family dwelling to a one family dwelling.
(f)
The use of any building or a part thereof as a temporary polling station for a Federal, Provincial or Municipal Election or Referendum.
(g)
The construction, alteration, maintenance or repair of a ¡public utility, undertaken upon a public thoroughfare or public utility
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Bylaw No.
4949
easement, or undertaken to connect the same with any lawful use of buildings or land, provided that public utility shall not include Rapid Transit Stations. (h)
The erection, construction or placing of a temporary building or hoarding, the sole purpose of which is incidental to the erection or alteration of a building for which a building permit has been granted, provided it is removed on completion of the said building.
Section 5. (1)
DEVELOPMENT OFFICER
Appointment of Officer The off ice of Development Officer is hereby established and
the duties of that off ice shall be performed by the Superintendent of the City Planning Department, or a subordinate authorized in writing to act for him. (2)
Responsibility The Officer shall be responsible for the administration of
this bylaw.
For the purpose of Section 137 of the Planning Act, he is
hereby declared to be an officer of the Council. (3)
Duties In the performance of his duties the Officer shall: (a)
receive, consider and decide on applications for Development Permits pursuant to this bylaw;
(b)
keep and maintain on file for the inspection of the public during all reasonable hours the following official records: (i)
all Development Control Resolutions passed by the Council;
(ii) a registration of all applications for permits including the decisions thereon.
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PERMISSION FOR DEVELOPMENT
Section 6. (1)
Bylaw No. 4949
Permission Required for Development (a)
(b)
Subject to Section 4 of this bylaw, no person (i)
shall commence, nor cause or suffer to be commenced, a development without a development permit therefore issued under this section, or
(ii)
shall carry on, nor cause or suffer to be carried on, a development without a development permit therefore issued under this section.
Each application for a development permit shall be made to the
Development Officer¡by the owner of the site or his agent, who shall furnish
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all necessary information on forms provided by the City, in accordance with the provisions of this bylaw. (2)
Plans and Information Required Every application shall be accompanied by the following: (a)
Site plan in triplicate showing the following information: (i) (ii)
directional North arrow; legal description.of property, and municipal address i f available;
(iii)
property lines and setbacks shown and labelled;
(iv)
location of sidewalks and curbs, if available;
(v) (vi) (vii) (viii)
location of any building or structures in relation to property lines; dimensioned layout of parking areas, entrances and exits, abutting streets and avenues shown and labelled; all easements and servicing encroachments shown and labelled; adjacent buildings outlined to scale indicating height and number of storeys, when required by the Development Officer;
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(b)
Bylaw No. 4949
fencing, screening and garbage areas proposed on the site, except in the case of development applications for single family residences.
Dimensioned floor plans, sections and elevations, including
a description of exterior finish and materials, in duplicate; (c)
A statement of uses, and, in the case of development proposed
in an industrial district, a statement indicating the manner in which the applicant intends to conform to the performance standards applicable to the industrial district in which the development is proposed; (d)
A statement of ownership of land and the interest of the applicant
therein; (e)
The estimated conunencement date;
.(f)
Landscaping plans, consisting of all physical features both exist-
ing and proposed, including berms, slopes, walls, shrubs and trees which shall be labelled by name and size.
The plans must distinguish between existing
plant material which is to be retained and that which is new, and should indicate trees removed as a result of construction.
Landscaping plans sub-
mitted as part of a development application shall be in accordance with specific regulations of the district in which the application is being made and landscaping standards and regulations contained in Section 12, subsection 21 of the Zoning Bylaw. (g)
Before dealing with the application the Development Officer
may, in his discretion, require: (i) (ii)
(iii)
a Plan of Survey by an Alberta Land Surveyor; where addressing is required, an additional site plan, indicating building outlines, sidewalks and parking areas; a third set of floor plans, elevation section and bulk of building;
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Bylaw No. 4949
(iv) proof that the applicant has a legal or equitable interest in the land, or is the authorized agent of a person having a legal or equitable interest in the land;
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(v)
(vi) (vii)
(h)
a vicinity map of appropriate scale indicating the location of the proposed development in relation to the nearby local access streets and other significant physical features which may have a bearing on the proposed development, and a map showing lane use on the project site and properties within 300 feet (90 meters) of the boundaries of the project site; photographs of the site and its relationship to the surrounding area; a Statutory Declaration as to the correctness of the information contained in the Development Application.
Notwithstanding the provisions of subsections (2)(a) to (f)
above, the Development Officer may consider an application, if, in his opinion, the development is of such a nature as to enable a decision ' i
to be made on the application without all of the information outlined in those subsections. (i)
All drawings submitted shall be drawn on substantial standard
drafting material to a scale of not less than one-eighth inch equal¡S o¾e foot (.3 centimeters equal 1 meter), or such lesser scale as the Development Officer may approve, and shall be fully dimensioned, accurately figured, explicit and complete. (j)
When an application for a Development Permit is submitted to
the Development Officer for the development of a parcel of land adjacent to, or partially or wholly contained within, the limit of the North Saskatchewan River Valley or its Ravine System, the Application shall contain information regarding the existing and proposed grades and the final grade shall be to the satisfaction of the Development Officer, the said application having first been referred to the Parks & Recreation Department for consideration.
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Bylaw No. 4949
Notwithstanding anything contained in this subsection, no
development permit shall be issued for the construction of any development adjacent to the River Valley or its ravine system or at any other-
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location within the City which in the opinion of the Development Officer has unstable soil conditions, until the Applicant has submitted a certificate of a qualified professional engineer registered as such in the Province of Alberta, certifying that the foundations proposed for the development were designed with full knowledge of the soil conditions. (3)
Permit Fees (a)
Every application shall be accompanied by the required fee as set out in the Fee Schedule contained in Subsection (4) hereof;
(b)
In any case where the required fee is not listed in the fee schedule, such fee shall be determined by the Development Officer and shall be consistent with those fees listed in the schedule for similar developments.
(c)
Where, pursuant to the provisions of this Bylaw, the application will require notification to adjoining property owners, the applicant shall pay in addition to the fee specified in Subsection (3)(a) a fee of $35.00, except that such fee shall not be required for applic'ations for developments within the class of developments described in Class One (1) or Class Two (2) of the Fee Schedule.
¡(d)
Where, in the opinion of the Development Officer, the application is substantially revised, the applicant, prior to reconsideration of the .application, shall pay, in addition to the fee specified in Subsection (3)(a) and. any fee required in
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Bylaw No. 4949
:I Subsection (3)(c), a fee equal to fifty percent (50%) of the initial application fee, except that such additional fee shall not be required in instances where improvements
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(4)
Fee Schedule
Class
Interior and exterior alterations and repairs, home crafts, and other minor developments.
$3.00
2
Garages, covered patios and carports, and fences.
$5.00
3
One and two family dwellings, additions, mobile homes, boarding houses, basement suites, demolition of dwellings.
$20.00
4
Multi-family dwellings with three or more units contained in one building and multiple housing projects, consisting of more than one building per site, including terraced dwellings, and walk-up apartment buildings.
$50.00
5
Highrise apartment buildings in excess of four floors of dwelling units.
$75.00
Class
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Fee
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Residential
Commercial
Fee
10
Interior and exterior alterations and repairs; change of occupancy, demolition.
$25.00
11
Restaurant, retail stores, motels, service stations and gas bars, commercial additions, walk-up office structures.
$75.00
12
Hotels, high rise office buildings, shopping centres and other major commercial applications.$150.00
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13
Car lots, trailer sales, parking garages or lots.
$25.00
Class
Industrial
Fee
20
Interior and exterior alterations and repairs, change of occupancy, demolition, miscellaneous installation of underground tanks.
$25.00
21
Primarily single occupancy developments for warehouse storage, repair, manufacture processing and service centres.
$75.00
22
Multiple tenancy industrial structures.
Class
(5)
Bylaw 4949
$100.00
Miscellaneous
Fee
30
Signs
$20.00
31
Public service buildings such as churches, schools, auditoriums, fire halls, police stations, health clinics, provided that Governmental facilities such as office buildings shall be regarded as commercial buildings for the purpose of determining fees,
$30.00
Compliance with Other Bylaws and Requirements (a)
The approval of drawings, the issuing of a permit, and any
inspection in connection therewith made by the Officer, shall not release the Applicant from full responsibility for the carrying out of the development in accordance with the provisions of this bylaw and the Edmonton Building Code, and all other bylaws and regulations of the City.
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Bylaw No. 4949
The approval of any application, drawings, or the issuing of
(b)
a permit, shall not prevent the Officer from ther~after requiring the correction of errors, or from prohibiting a development being carried out when the same is in violation of this or any other bylaw. (6)
Amending of Applications (a)
If at any time it is desired to materially alter in any manner
or deviate from the particulars of the information previously submitted, upon which a permit has already been issued, a new application shall be made.
However, if, in the opinion of the Officer, an amendment is of a
minor nature and a new application is unnecessary, he may waive this requirement and endorse any necessary amendment thereof, which amendment shall be signed by the Applicant. (b)
Unless the Officer has required an alteration to an Application
or drawing, it shall be unlawful for any person to erase, alter or modify any Application or make any material change to drawings which have been submit.ted as part of the application for a permit, or the permit itself after the issue thereof. (7)
Decisions On Applications (a)
Applications for developments shall be considered by the Officer
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who shall: (i) (ii)
approve either unconditionally or subject to conditions, or refuse such applications, giving reasons,
provided that the Development Control Resolutions, adopted by Council pursuant to Section 106 of the Planning Act, and !the Land Use Classification Guide adopted by Council pursuant to Section 107 of the Planning Act, shall govern the decisions of the Officer.
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(8)
Bylaw No. 4949
Development Permit (a)
When the Officer approves an application, either unconditionally
or subject to conditions, he shall issue a development permit. (b)
Without limiting the generality of the foregoing, where a develop-
ment permit is approved or conditionally approved, the permit may include conditions as to the construction of a public roadway required to give access to the development and the installation of utilities and other necessary services that are necessitated by the development. (9)
Approved Applications (a)
When an application for a development permit is approved, the
Officer shall immediately notify by ordinary mail the applicant and each assessed owner of land wholly or part¡ly within 200 feet (60 meters) of this site, and such notice shall state his decision, the conditions of the permit, if any, and right of appeal to the Development Appeal Board.
The giving of
Notice of Decisions on applications and the right of appeal is subject to. the provisions of subsection (15) of this section. (b)
In addition to the notice required in (a) above, the applicant
shall post a notice of decision conspicuously oh the property for which an application was ma.de, in any case where the proposed development will exceed 45 feet (13.5 meters) in height, or which in the opinion of the officer, will have a significant impact on the neighbourhood. (c)
Approval of an application for a development permit becomes
effective fourteen (14) days after notice of the decision is mailed pursuant to (a) above, provided that no appeal to the Development Appeal
(If ¡~
Board is submitted pursuant to this bylaw.
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Bylaw No. 4949
Where an application for a development permit has been approved
by the Officer pursuant to the foregoing provisions and (i)
any conditions of approval, save those of a continuing nature, have been fulfilled and
(ii)
no Notice of Appeal from such approval has been served on the Secretary of the Development Appeal Board within the time limited by this bylaw
a building permit may be issued in accordance with the provisions of the Building Code and amendments thereto. (e)
Where an application has finally been approved by the Develop-
ment Appeal Board on appeal, and (i)
any conditions of approval, save those of a continuing nature, have been fulfilled and
(ii)
the Board has adopted the Minutes of its meeting at which the application is approved and
(iii)
the Board has not been served with Notice of an Application for leave.to appeal its decision under Section 146 of the Act,
a building permit may be issued in accordance with the provisions of the Building Code and amendments thereto. (f)
If the Development Appeal° Board is served with a Notice of Appeal
of approval of a permit, or a Notice of an application for leave to appeal its decision under Section 146 of the Act, such Notice shall operate to suspend the development permit. (10) Deemed Refusal If a decision on an application for a development permit is not made within a period of forty (40) days from tlie date of receipt of the application in its complete and final form, or within such longer period
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Bylaw No. 4949
as the Applicant may approve in writing, the application shall, at the option of the Applicant, be deemed to be refused, and the Applicant may exercise his right of appeal to the Development Appeal Board as specified in Section 8 hereof as though he had been mailed a refusal at the end of the period specified in this subsection. (11) Limit on Frequency of Applications When an application is refused by the Officer or an appeal by the Board, another development application on the same site and for the same or similar use of land shall not be made by the same or any other Applicant until at least six (6) months after the date of refusal. (12)
Lapse of Permit If the development authorized by the development permit is not
commenced within twelve (12) months from the date of its issue the permit, ceases to be valid, provided that, if the permit holder is unable to proceed pending a Court decision involving the proposed development, time shall not run until such proceedings are finally completed. (13)
Regional Planning Commission (a) The Officer shall ref er to the Regional Planning Commission for
consideration and recommendation any matter or any application for development brought before him that, in the opinion of the Officer, may adversely affect the interest of an adjacent municipality which is a member of the Regional Planning Commission.
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(b)
Having referred a matter to the Regional Planning Commission for
its recommendation the Officer:
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_Bylaw No. 4949
1: (i)
shall not determine the application until the Regional Planning Commission has had a reasonable time to make a recommendation;
(ii)
shall make a decision giving due consideration to the Regional Planning Commission's recommendation.
(14)
Development Agreement To ensure compliance with any conditions, restrictions or limita-
tions contained in a development permit, the Council or the Officer on behalf )
;
of Council may, before the permit is issued, require an agreement between the City and the owner of the land respecting the observance and enforcement of the conditions, restrictions or limitations.
Such agreement shall be deemed
a covenant running with the land and a caveat or encumbrance based thereon may be registered in the Land Titles Office accordingly.
In addition, the
City may require a cash deposit or a performance bond to be furnished to the City in such form and amount as the City may determine. (15)
Notice by Hail Notwithstanding the provisions of this Bylaw, should the City
Commissioners determine that because of the disruption of the mail service it is not possible to give notice by mail of the decisions on applications, or of the right of appeal, the City Commissioners may direct that in place of such notice by mail, such notice shall be placed in a newspaper circulating in the City of Edmonton. DEVELOPHENT APPEAL BOARD
Section 7. (1)
Hembership (a)
The Board shall be comprised of those persons who are from time
to time members of the Development Appeal Board as established by Zoning
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Bylaw No. 4949
Bylaw No. 2135 of the City as amended. (b)
If a Board member has a direct or indirect pecuniary interest in
any matter before the Board he shall declare such interest to the Board and shall abstain from discussion about or voting upon such matter and such abstention shall be recorded in the minutes of the Board. (2)
Administration (a)
The Board shall appoint its ovm Chairman and Vice-Chairman and
the City Commissioners shall appoint a Secretary who shall not be a member of the Development Appeal Board. (b)
A quorum at any meeting of the Board shall be four (4) members.
(c)
The Board shall meet at least once in each calendar month and
at such other times as the Board or the Chairman may consider necessary. (d)
The Chairman of the Board shall sign all Notices of Decision
and other documents on behalf of the Board and relative to any .iurisdiction or power of the Board, and any document which has been signed by the Chairman shall be deemed to have been signed on behalf of and with the approval of the Board.
(e) In the case of the absence or disability of the Chairman or Vice-Chairman, any document of the Board may be signed by any member, authorized by resolution of the Board, and, when so signed, shall have the same affect as if signed by the Chairman. (3)
Duties of the Board Secretary. The Board Secretary shall: (a)
Notify all members of the Board of the arrangements for the
holding of each hearing and other meetings of the Board; (b)
Prepare and maintain on file written minutes of the business
transactions at all meetings of the Board;
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(c)
Bylaw No. 4949
Notify the Council of the Decisions of the Board and the
reasons thereof; (d)
Carry out such other administrative duties as the Board may
specify. Section 8. (1)
APPEALS
Right of Appeal (a)
An aggrieved person may appeal a decision of the Development
Officer or the Municipal Planning Commission made under this bylaw to the Development Appeal Board by serving written Notice of Appeal on the Secretary of the Development Appeal Board within Fourteen (14) days after Notice of the Decision is mailed to the Appellant, or notice of the decision is posted in accordance with section 6, subsection 9(b) hereof. (b)
In the case of a deemed refusal under Section 6, subsection 10
of this bylaw, the time limit for appeal shall run from the deemed date of refusal. (2)
Hearing before the Board (a)
The Board shall hold a hearing within forty (40) days from the
receipt by it of the Notice of Appeal. (b)
The Board shall ensure that Notice of the hearing is mailed at
least seven (7) days (exclusive of Saturday, Sunday and other holidays) prior to the date of the hearing to the Appellant and to all assessed owners of land who, in the Board's opinion, are affected. (c)
The Board shall consider each appeal having due regard to the
circumstances and merits of the case and to the purp6se, scope and intent of a General Plan, a Preliminary Regional Plan,
and a Regional Plan, that
is under preparation or is adopted, and to this bylaw.
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(d)
Bylaw No. 4949
When an appeal is being heard, the Board shall hear the Develop-
ment Officer, provided that the Officer may, in his discretion, assign a member of his staff to be heard in his stead, make a written submission to the Board, or not be heard at the hearing. (e)
In determining an appeal, the Board
,,
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(i)
may confirm, reverse or vary the decision appealed from and may impose such conditions or limitations as it considers proper and desirable on the circumstances, and
(ii)
shall render its decision in writing to the Appellant within sixty (60) days from the date on which the hearing is held.
(f)
A decision of the Board, subject only to an appeal under Section
146 of the Act, is final and binding on all parties and is valid for a period of twelve (12) months from the date of its issue. (3)
Fees On the deposit of a Notice of Appeal, the Appellant shall pay to
t.he City, where the Appellant does not have a legal or equitable interest in the site, or is not the agent of a person having such interest, a fee in the sum of Twenty ($20.00) Dollars and, where the Appellant does have such an interest or is the agent of 'a person having such an interest, the fee shall be calculated on the costs, as estimated by the Officer, of the proposed development as follows: Value of the Development
Fee
$50.00
All signs:
$10,000.00 or.less.
$40.00
$10,000.01 to $25,000.00
$50.00
- 20 $25,000.01 to $50,000.00
$100.00
$50,000.01 to $100,000.00
$300.00
$100,000.01 to $500,000.00
$500.00
$500,000.01 or more (4)
Bylaw No. 4949
$1,000.00
Procedure The Board shall follow the same procedure when dealing with
development control appeals, as applies when the Board is considering appeals dealing with land contained within the Zoning Bylaw No. 2135 of the City, and the procedure contained in Section 8, subsection (9) of this Bylaw shall apply. Section 9.
AMENDMENTS Where any person desires to have this bylaw amended, the pro-
cedure set out in the Zoning Bylaw No. 2135, of the City of Edmonton, Section 9 thereof, applies mutatis mutandi to applications for amendment of this bylaw. Section 10. (1)
ENFORCEMENT
Offences A person who commences a development on any land and (a) who, (i)
does any act or thing, or
(ii)
permits any act or thing to be done,
in contravention of this bylaw, or (b) who fails or neglects, (i)
to obtain a Development Permit, or
(ii)
comply with the conditions of the Development Permit,
in accordance with this bylaw,
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Bylaw No. 4949
is guilty of an offence and is liable on summary conviction to a fine of not more than $500.00 and, in addition, to a fine of not more than $100.00 for every day the offence continues and in default of payment to imprisonment for a term not exceeding thirty (30) days. (2)
Notification of Illegal Development When a person is convicted under subsection (1) of having under-
taken or permitted development that contravenes this bylaw or a permit issued thereunoer, the Council may file a Notification of the illegal development against the title to the affected land in the Land Titles Office. (3)
Further Prosecution The conviction of a person under subsection (1) does not operate
as a bar to further prosecution under that subsection for the continued neglect or failure on the part of the person to comply with this bylaw. (4)
Offence Ticket (a)
A Bylaw Enforcement Officer may enforce the provisions of this
bylaw and may issue an of fence ticket to any person who¡ does any act prohibited by subsection (1) of this section. (b) payment of (c)
The offence ticket shall state the alleged offence and require t~e
appropriate fine.
The offence ticket may be issued by personally serving the alleged
offender, by sending it to the alleged offender by single registered mail, or in the case of a corporation delivering the offence ticket or sending the offence ticket by single registered mail to its business off ice or registered office.
- 22 (d)
Bylaw No, 4949
Except as provided in subsection (c) above, the provisions of
bylaw 2101, a bylaw to provide for the imposition of penalties for the infraction of City bylaws, as amended, insofar as the provisions relate to the issuing of an offence ticket as an alternative and in lieu of punishment by way of prosecution, shall apply to the issuing of offence tickets under this bylaw. (5)
Alternative Enforcement In addition ¡to, or as an alternative to issuing an offence ticket
pursuant to subsection (4), a bylaw officer i f he is satisfied there is a contravention of this bylaw, which contravention includes failure to comply with the terms of the Development Permit issued in accordance with this bylaw, may report such contravention to a Commissioner,
A Commissioner
if informed of the contravention of this Bylaw pursuant to this subsection, or on his own initiative without such information, may authorize that action be taken to enforce this bylaw, which action may include an application to the Supreme or District Court of Alberta for an Injunction or other Order to restrain the contravention. (6)
Right of Entry (a)
The Council or any of its duly authorized officers or servants,
including Bylaw Enforcement Officers, shall have the right to ¡enter into orupon any property within a municipality for the purpose of making any inspection required in connection with this bylaw or the provisions thereof. (b)
Where entrance into or upon any property is refused, a Judge
of the District Court, upon application, made on behalf of Council, may by Order require the occupier of the property to permit an officer or servant of the Council, including a Bylaw Enforcement Officer, into or upon the
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Bylaw No. 4949
property for the purpose of inspection under subsection (a). (c)
An application made under subsection (b) shall be supported
by an Affidavit of an officer of Council. (d)
Notice in writing of intention to make an application under
this section shall be given to an occupier of the property. (e)
Service of the notice may be personal or by single registered
mail, and (i)
when a notice is served personally there shall be at least two (2) clear days between the service of the notice and the day of the hearing, or
(ii)
when the notice is served by single registered mail, it is sufficient to mail it addressed to the occupier at his last known address and there shall be not less than seven (7) clear days between the date of mailing and the date of hearing. '
(f)
An Order made by a District Court Judge under this section continues
in force until the purpose for which it was made has been fulfilled. (g)
A person who wilfully disobeys or contravenes an Order of a
District Court Judge made under this section is guilty o.f an offence and liable on summary conviction to a fine of not more than $100.00 or to imprisonment for a term not exceeding thirty (30) days or to both fine and imprisonment. (h)
In this section, "occupier" means a person in possession of
or having control of property or that part of property into which or upon which entrance is refused.
Bylaw No. 4949
24 Section 11. (1)
The officer shall cause to be printed or otherwise prepared
notices made necessary by the provisions of this bylaw.
There shall be
at least an annual review of such forms to ensure clarity and compliance with the Act. (2)
An up-to-date copy of every form or notice applying to this
bylaw shall be kept with the original of this bylaw in the files of the City Clerk. Section 12. This bylaw becomes effective upon the date of final passing and shall apply to any part of the City that is not controlled by the City's Zoning Bylaw. Section 13. This bylaw hereby repeals Bylaw No. 2624 of the City of Edmonton.
READ a first time this READ a second time this
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;JJ
day of day of
READ a third time and duly passed this
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A.D.
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CJ day
of
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(.t,.j
A.D. 1977. (l
yna,.,.cf.-.
A.D. 1977.
THE CITY OF EDMONTON
Mayor ~l '-'IJ, J, McG:m:GLE''.
City Clerk
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