Edmonton Zoning Bylaw 12800

11.         Authority and Responsibility of the Development Officer

Bylaw 17831

November 28, 2016

Bylaw 17832

November 28, 2016

11.1        Duties with Respect to Development Applications

  1. The Development Officer shall receive all applications for development and:

  1. shall ensure that a register of applications is maintained, and is made available to any interested person during normal office hours;

  2. shall review each Development Permit Application to ascertain whether it is complete in accordance with the information requirements of this Bylaw, and shall, if the application complies  with such requirements, enter the application in the register of applications;  

  3. shall, if requested by the applicant, confirm in writing that the application has been received;

  4. shall review each Development Permit Application to ascertain its appropriate Use, and may require the applicant to apply for a different Use;

Bylaw 17422

November 16, 2015

Effective Date: December 1, 2015

Bylaw 17831

November 28, 2016

Bylaw 17832

November 28, 2016

  1. shall approve, without conditions, or with such conditions as required to ensure compliance, an application for development of a Permitted Use provided the development complies with the regulations of this Bylaw, or shall refuse an application for development of a Permitted Use if the development does not comply with the regulations of this Bylaw, unless the Development Officer uses discretion pursuant to Sections 11.2 and 11.3 of this Bylaw;

Bylaw 17832

November 28, 2016

  1. may relax a regulation in a Zone or other Section of this Bylaw in accordance with the regulations contained in that Zone or Section, or may relax regulations in accordance with Sections 11.2 and 11.3, and in such case, the development applied for shall be a Class B Discretionary Development;

  2. may refuse or approve, with or without conditions, with or without changes in the design of the development, or with or without the imposition of regulations more restrictive than those required by this Bylaw, an application for development of a Discretionary Use, having regard to the regulations of this Bylaw and the provisions of any applicable Statutory Plan;

  3. may refuse, or approve, with or without conditions, an application for development in a Direct Control Provision, in accordance with the regulations of this Bylaw; and

Bylaw 17422

November 16, 2015

Effective Date: December 1, 2015

Bylaw 17831

November 28, 2016

  1. shall give notice of their decision on applications for development as follows:

  1. where an application has been approved, public notification shall be given in accordance with Section 20 of this Bylaw and notice to the applicant shall be given in writing by ordinary mail;

  2. where an application has been refused, notice in writing shall be given to the applicant, by ordinary mail, and such notice shall state the reason for refusal; and

  3. shall in the case of a Development Permit for a Temporary Sign, specify the length of time that the Development Permit remains in effect in accordance with the time limitations for such Signs set out in  Section 59 of this Bylaw.

Bylaw 16749

March 24, 2014

Bylaw 17422

November 16, 2015

Effective Date: December 1, 2015

Bylaw 17831

November 28, 2016

  1. When the Development Officer requires information pursuant to Section 14 of this Bylaw, the Development Officer shall, pursuant to the information received, and to their satisfaction:

  1. impose any conditions, whether for a Permitted or a Discretionary Use, that are necessary to ensure that the Site is suitable for the full range of Uses contemplated in the Development Permit Application; or

  2. refuse a Development Permit, whether for a Permitted or Discretionary Use, if the Development Officer determines that the Site is not suitable for the full range of Uses contemplated in the Development Permit Application.

Bylaw 13117

July 8, 2002

Bylaw 17831

November 28, 2016

11.2       Variance to Regulations

  1. The Development Officer may approve, with or without conditions as a Class B Discretionary Development, an application for development that does not comply with this Bylaw where:

Bylaw 17422

November 16, 2015

Effective Date: December 1, 2015

Bylaw 17831

November 28, 2016

  1. the proposed development would not, in their opinion:

  1. unduly interfere with the amenities of the neighbourhood; or

  2. materially interfere with or affect the use, enjoyment or value of neighbouring properties.

  1. the proposed development would, in their opinion, conform with the Use prescribed for that land or building in this Bylaw.

  1. The Development Officer may approve, with or without conditions as a Class B Discretionary Development, an enlargement, alteration or addition to a non-conforming building if the non-conforming building complies with the Uses prescribed for that land in this Bylaw and the proposed development would not, in their opinion:

  1. unduly interfere with the amenities of the neighbourhood; or

  2. materially interfere with or affect the use, enjoyment or value of neighbouring properties.

Bylaw 17831

November 28, 2016

Bylaw 17832

November 28, 2016

Bylaw 18058

June 12, 2017

11.3       Limitation of Variance

  1. In approving a Development Permit Application pursuant to Section 11.2, the Development Officer shall adhere to the following:

  1. a variance shall be considered only in cases of unnecessary hardship or practical difficulties peculiar to the Use, character, or situation of land or a building, which are not generally common to other land in the same Zone;

Bylaw 16859

June 24, 2014

Bylaw 17831

November 28, 2016

  1. except as otherwise provided in this Bylaw, there shall be no variance from maximum Height, Floor Area Ratio or Density regulations;

Bylaw 18058

June 12, 2017

  1. on rectangular shaped Lots, there shall be no variance from the minimum Site Width, for new Single Detached Housing in the RF1, RF2, RF3, and RF4 Zones for all Sites which received subdivision approval after June 12, 2017; and

  2. there shall be no variance to the General Purpose of the appropriate Zone or Overlay.

Bylaw 17831

November 28, 2016

11.4        Maintenance and Inspection of the Zoning Bylaw

  1. The Development Officer shall:

  1. make available to the public during normal office hours copies of this Bylaw and all subsequent amendments thereto; and

  2. charge the specified fee for supplying to the public copies of this Bylaw.