Edmonton Zoning Bylaw 12800

18.        Resubmission Interval

Bylaw 17831

November 28, 2016

  1. A Development Permit Application for the same purpose and activity within a Use shall not be accepted by the Development Officer from the same or any other applicant for the same Site:

  1. within six months of the date of a refusal by the Development Officer;

  2. within six months of the date of a written decision of the Subdivision and Development Appeal Board on a previous application, if the previous application was appealed to, and subsequently refused by, the Subdivision and Development Appeal Board;

  3. within six months of the date of a written decision of the Alberta Court of Appeal or the Supreme Court of Canada on the previous application, if the application has been appealed to the Alberta Court of Appeal or the Supreme Court of Canada; or

  4. prior to the written decision of the Subdivision and Development Appeal Board, the Alberta Court of Appeal, or the Supreme Court of Canada, if the application has been appealed to the Subdivision and Development Appeal Board, the Alberta Court of Appeal, or the Supreme Court of Canada.

Bylaw 17831

November 28, 2016

Bylaw 18305

February 26, 2018

Effective Date: May 1, 2018

  1. Subsection 18(1) shall not apply in the case of the following:

  1. an application for a Permitted Use or a Use listed in a Direct Control Provision, if the application complies with all the regulations of this Bylaw; or

  2. an application that has been deemed refused pursuant to section 11.2 of this Bylaw

Bylaw 17831

November 28, 2016

  1. If upon review of any application for a Development Permit, the Development Officer determines that subsection 18(1) applies, then the application shall be returned to the applicant, along with any fees that have been submitted. The application shall not be considered as having been refused, but shall be deemed to have not been submitted.

Bylaw 17831

November 28, 2016

  1. Notwithstanding subsection 18(1), if two or more Development Permit Applications for the same purpose or activity within a Use on the same Site have been refused by the Development Officer, the Subdivision and Development Appeal Board, the Alberta Court of Appeal, the Supreme Court of Canada, or any combination of the above, the third and any subsequent Development Permit Application for the same purpose and activity within a Use on the same Site shall not be accepted by the Development Officer until one year from the date of the most recent refusal, unless that application is for a Class A Permitted Development.