Edmonton Zoning Bylaw 12800

24.       Amendments

24.1        Text Amendments

Bylaw 17831

November 28, 2016

  1. Any person applying to amend Part I or Part II of this Bylaw shall apply in writing to the Development Officer including required fees, furnishing reasons in support of the application and requesting that the Development Officer submit the application to City Council.

  1. If a person applies to the Council in any manner for an amendment to Part I or Part II of this Bylaw, the Council may require him to submit his application and required fee to the Development Officer in accordance with the provisions of this Section before it considers the amendment proposed by such person.

  1. Notwithstanding anything contained in this Section 24, an application for a proposed amendment to Part I or Part II of this Bylaw which has been rejected by City Council within the previous 12 months shall not be accepted.

Bylaw 17831

November 28, 2016

  1. Prior to consideration by City Council of an amendment to Part I or Part II of this Bylaw, the Development Officer shall give such notice as is required by the Municipal Government Act.

24.2         Rezoning Amendments

Bylaw 17831

November 28, 2016

  1. Any person applying to amend Parts III or IV of this Bylaw to rezone any land shall apply in writing to the Development Officer and submit the following to the Development Officer:

  1. a Certificate of Title which has been issued not later than 30 days prior to the receipt of the Rezoning Amendment application by the Development Officer;

  2. the applicant's name, address, telephone contact number and interest in the property;

  3. a signed statement by the applicant stating that they are willing to pay for all costs incurred by the City in processing the proposed amendment, whether it be enacted or not, including, but not limited to, all mapping, printing, reproduction, surveys and advertising costs;

  4. the appropriate application form; and

  5. a brief written statement by the applicant in support of their application, and reasons for applying.

Bylaw 17831

November 28, 2016

  1. Upon receipt of an application for a Rezoning Amendment, the Development Officer shall provide a written notice of this application to all relevant parties listed below that are wholly or partially within 60.0m of the boundaries of the Site which is the subject of the Rezoning Amendment:

Bylaw 13228

December 5, 2002

Bylaw 17831

November 28, 2016

  1. each assessed owner of land;

  2. the President of each Community League; and

Charter Bylaw 18387

May 7, 2018

  1. the Executive Director of each Business Improvement Area.

Bylaw 17831

November 28, 2016

  1. During any cessation of ordinary mail delivery, the notice of a Rezoning Amendment application may be given by such other alternative means specified by the Development Officer to those described in subsection 24.2(2).

Bylaw 17831

November 28, 2016

  1. Upon receipt of an application for a Rezoning Amendment, the Development Officer shall initiate or undertake an investigation and analysis of the potential impacts of development under the proposed Zone. The analysis shall be based upon the full development potential of the Uses and development regulations specified in the proposed Zone and not on the merits of any particular development proposal. The analysis shall, among other things, consider the following impact criteria:

  1. relationship to and compliance with approved Statutory Plans and City Council policy. Should the application not conform with an applicable Statutory Plan, the Development Officer shall require the applicant to submit an application to amend the applicable Statutory Plan before the application to amend Parts III or IV of this Bylaw is judged to be complete;

Bylaw 12993

March 12, 2002

Bylaw 17831

November 28, 2016

  1. relationship to and compliance with the Alberta Gaming Licensing Policy, pertaining to licensed casino facilities. Should the application have the effect of adding Casinos and Other Gaming Establishments to the list of Uses in the Zone, the Development Officer shall require submission of a letter of approval for a casino facility, issued by the Alberta Gaming and Liquor Commission subject to zoning, before the application to amend Parts III or IV of this Bylaw is judged to be completed;

Bylaw 13117

July 8, 2002

Bylaw 17831

November 28, 2016

  1. relationship to Statutory Plans in preparation;

  2. compatibility with surrounding development in terms of Use, function and scale of development;

  3. traffic impacts;

  4. relationship to, or impacts on, services such as water and sewage systems, public transit and other utilities and public facilities such as recreational facilities and schools;

  5. relationship to municipal land, right-of-way or easement requirements;

Bylaw 17831

November 28, 2016

  1. effect on stability, retention and rehabilitation of desirable existing Uses, buildings, or both in the area;

  2. necessity and appropriateness of the proposed Zone in view of the stated intentions of the applicant;

  3. relationship to the documented concerns and opinions of area residents regarding the application; and

Bylaw 17831

November 28, 2016

  1. the potential impacts on municipalities within referral and notification areas as identified in the Municipal Development Plan.

  1. Notwithstanding anything contained in this Section 24, an application for a proposed amendment to Part III of this Bylaw which has been rejected by City Council within the previous 12 months shall not be accepted.

Bylaw 17831

November 28, 2016

24.3         Review and Processing of Amendments

  1. The Development Officer shall:

  1. examine the proposed amendment;

  2. prepare a written report on the proposed amendment; and

  3. advise the applicant in writing that:

  1. they are prepared to recommend the amendment to City Council without further investigation;

  2. they are not prepared to recommend the amendment;

  3. they require further investigation to make a recommendation; or

  4. they are prepared to recommend an alternative amendment.

  1. Upon receiving the advice of the Development Officer, the applicant shall advise the Development Officer if:

  1. they wish the proposed amendment to proceed to City Council, in which case they must prepay the advertising costs prior to the amendment proceeding to City Council; or

  2. they do not wish to proceed to City Council with the proposed amendment, in which case the application is considered abandoned.

  3. If the applicant does not respond to the Development Officer's notification, the application shall be cancelled after one year from the date of the notice of the Development Officer.

  1. If requested by the applicant, the Development Officer shall submit the proposed amendment to City Council, accompanied by the report of the Development Officer.

  2. The Development Officer, using discretion, may present for the consideration of City Council any proposed amendment to this Bylaw, and the proposed amendment shall be accompanied by the report and recommendations of the Development Officer.

Charter Bylaw 18381

May 7, 2018

  1. Every Rezoning Amendment and Text Amendment application shall be accompanied by the required fee. The schedule of fees for the services provided shall be determined by the City Manager.

Charter Bylaw 18387

May 7, 2018

  1. When a Development Agreement is to be entered into between the City and the applicant pursuant to a Direct Control Provision, the applicant shall pay to the Development Officer, in addition to any other fee required pursuant to this or any other bylaw, a Development Agreement fee as determined by the City Manager.

Bylaw 17831

November 28, 2016

24.4         Notification of Rezoning Amendments

  1. Prior to consideration by City Council of a proposed Rezoning Amendment, the Development Officer shall place a notice, complying with the Municipal Government Act, in two separate issues of a newspaper circulating within the City, and dispatch a notice by ordinary mail to all relevant parties listed below that are wholly or partially within 60.0 m of the boundaries of the Site which is the subject of the Rezoning Amendment:

  1. the applicant;

  2. the owners of the land subject to the proposed Rezoning Amendment;

  3. each assessed owner of land, except that the Development Officer may exempt notification for City-initiated Rezoning Amendments:

  1. for lands incorporated into the City zoned from the pre-annexation municipality's land use bylaw to an equivalent Zone in this Bylaw; or

  2. to replace existing Zones with new Zones which are generally consistent with the Uses and regulations of the Zone being replaced;

  1. the President of each Community League; and

Bylaw 13228

December 5, 2002

Bylaw 17831

November 28, 2016

  1. the President of each Business Revitalization Zone association.

Bylaw 17831

November 28, 2016

  1. During any cessation of ordinary mail delivery, the notice of a rezoning amendment decision may be given by such other alternative means specified by the Development Officer to those described in subsection 24.4(1)(a), (b), (d) and (e), and in a daily newspaper circulating within the City only to those described in subsection 24.4(1)(c) .

  2. Where, in the opinion of the Development Officer, a proposed Rezoning Amendment is likely to affect other owners of land beyond 60.0 m, the Development Officer must notify owners of land at such additional distance and direction from the Site as, in the opinion of the Development Officer, may experience any impact attributable to any development allowed under the proposed Zone or Direct Control Provision.

  3. Prior to consideration by Council of an amendment to Parts III or IV of this Bylaw, the Development Officer shall give such notice as is required by the Municipal Government Act.

Bylaw 15059

January 19, 2009

Bylaw 17831

November 28, 2016

  1. Except as provided hereafter, in order to amend Parts III or IV of this Bylaw to change the Zone governing any land the owner or applicant shall erect a Rezoning Amendment Application Information Sign within 14 days of being directed to do so by the Development Officer.  A Rezoning Application Information Sign is not required for any of the following:

Bylaw 13228

December 5, 2002

Bylaw 17831

November 28, 2016

  1. applications that propose to rezone lands in conformity with a Statutory Plan; and

  2. City-initiated Rezoning Amendments for land brought into the City through annexation.

Bylaw 17831

November 28, 2016

  1. Where a Rezoning Amendment information Sign is required, the public hearing for such Rezoning Applications before City Council may not take place until a minimum period of 21 days has passed since the date upon which a Rezoning Amendment information Sign complying with the requirements of this Bylaw was erected, unless City Council otherwise directs.

Bylaw 17831

November 28, 2016

  1. The Rezoning Amendment information Sign shall be:

  1.  erected at a prominent location on the Site, or within 4.5 m of the Site between the Site and a public roadway, other than a Lane;

  2.  readable from a distance of 15.0 m; and

  3.  maintained in a reasonable and legible condition until such time as the application to amend Part III or IV is approved or refused by City Council, struck from City Council's agenda, or withdrawn.

Bylaw 17831

November 28, 2016

 

8.  In addition to subsection 24.4(7), if a Site is bounded by more than one public roadway, other than a Lane, one or more Rezoning Amendment information Signs shall be visible from each public roadway, other than a Lane.

Bylaw 17831

November 28, 2016

  1. Rezoning Amendment information Signs, as erected, shall:

  1. not exceed 3.0 m in Height, above ground; and

  2. be a minimum Sign Area of 1.0 m2 and a maximum Sign Area of 3.0m2.

Bylaw 15059

January 19, 2009

Bylaw 17831

November 28, 2016

  1. Rezoning Amendment information Signs shall contain the following information:

  1. the municipal address of the Site;

  2. the present Zone applicable to the Site;

  3. the Zone proposed for the Site;

  4. a general description of the Uses that could develop within the proposed Zone, together with a notice that the description may not be exhaustive;

  5. a reference to the City's website where more information regarding the land development application may be sought;

  6. the telephone number of the Development Officer at which information regarding the land development application may be sought; and

  7. a graphic showing the location and boundaries of the subject Site.

Bylaw 17831

November 28, 2016

  1. In addition to the information requirements listed in subsection 24.4(10), the applicant shall, within seven days of the erection of the Rezoning Amendment information Sign, submit to the Development Officer a letter indicating that the Sign has been erected in accordance with the requirements of this Bylaw.

  2. Where the applicant is not the owner of the subject Site, the Development Officer shall authorize an alternative notification, which may not meet all of the requirements of subsection 24.4(7) to subsection 24.4(10), on public property adjacent to the subject Site.

  3. All Rezoning Amendment information Signs shall be removed no later than 30 days following the date of the approval or rejection of the relevant application by City Council.