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Land Use Bylaw
Land Use Bylaw
The Town adopted a New Land Use Bylaw (2576/LUO/17) on July 10, 2017, which replaced the former Land Use Bylaw (2346/LUO/15). The current version of the Land Use Bylaw including all amendments is available below, along with the Land Use District Map.
What is the Land Use Bylaw?
Districts and Uses Matrix (2017-07) (-0.6MB)
The Land Use Bylaw is the key tool used to regulate and control the use and development of all land and buildings in Stony Plain. It is at the heart of the development permit approval process and all land use redistricting applications.
The Town of Stony Plain’s Land Use Bylaw prohibits or regulates and controls the use and development of land and buildings. It defines a number of land use districts and assigns these districts to areas of land in the Town’s boundaries. The districting (zoning) of land is done to regulate development in accordance with the vision for the Town’s development.
Council’s vision can be found in the Municipal Development Plan (MDP), the adopted statutory plan. The Land Use Bylaw is a tool used to implement the statutory plans and is adopted by, and can only be amended by, Town council.
The Land Use Bylaw divides the town into land use districts and establishes procedures for processing and deciding upon development applications. It regulates the use and development of both land and buildings within the municipality, in order to ensure orderly, efficient development.
An important vehicle for implementing the policies of the Municipal Development Plan, Town Area Structure Plans and other Town plans, policies, studies, and reports, the Land Use Bylaw regulates the neighbourhoods where residents live and work - by determining the types of uses, the mix of housing types and densities, and the location of shops and services and specific requirements, such as parking, landscaping and building heights.
The Land Use Bylaw impacts everyone in Stony Plain at some point and to varying degrees - from building a fence or deck, to starting a business or to simply calling Stony Plain "home."
For every "use" of land or building, there is a definition provided to help you determine if your proposal or business is considered compatible within that "District." These "uses" are found in the appropriate Land Use "Districts" and are either "permitted" or "discretionary" and are fixed and cannot be changed without an amendment to the Land Use Bylaw. These amendments can either be text changes, which would provide for your "use" or a redistricting (rezoning) of the site.
The rules or regulations governing the standard for development are more flexible and may be varied, through a "relaxation" by the Development Authority, which may either be the Development Officer or the Municipal Planning Commission. Direct Control or Special Districts are sometimes used in areas where Council wishes to exercise particular control over development. Overlay Districts are employed to implement certain development goals contemplated within a statutory plan or other plans and studies adopted by Council.
Using the Land Use Bylaw
It is important to understand that the Land Use Bylaw is a multi-layered document that must be read and used as a whole, in interpreting what limits or constraints there may be on a specific site. The "Districts" described in the Land Use Bylaw do not stand alone, and each one relates to other parts of the Bylaw.
The Land Use Bylaw has been structured into Parts so that the user can easily determine what parts need to be referenced for a particular development proposal. The Land Use Bylaw is divided into nine parts; each one deals with different aspects of land use control.
- PART 1: Overview provides a general administrative context, and covers powers and duties of the development authority, the development permit process and enforcement measures.
- PART 2: Districts contains the standards and regulations that apply to each district specified within this Part of the Bylaw. Permitted and discretionary uses are indicated for each district, as well as the regulations that apply to development within each district.
- PART 3: General Regulations specifies the rules pertaining to select topics, such as fencing, landscaping, secondary suites and accessory building, among others.
- PART 4: Parking & Access Regulations contains all relevant information about vehicular access, parking and loading regulations.
- PART 5: Sign Regulations: contains all the relevant information about signs.
- PART 6: Definitions provides a list of definitions for select terms within the Bylaw.
The Land Use Bylaw regulates and controls the use and development of land and buildings within the community. It provides details on land use and districting (zoning) and site design and is one of the main ways to implement policy plans, such as the Municipal Development Plan.
Amending the Land Use Bylaw
Land Use Districts can only be changed through a Land Use Bylaw amendment. The process is referred to as redistricting or rezoning. Land Use districts (as shown on the Land Use Districts Map) can only be changed through a Land Use Bylaw amendment. An application for redistricting must be consistent with all statutory plans, including the MDP, Area Structure Plans or Area Redevelopment Plans.
An application to amend the Land Use Bylaw requires:
- a complete application to amend the Land Use Bylaw;
- a review by the Planning division, to ensure amendments are consistent with the Municipal Development Plan and any applicable Area Structure Plan;
- a public hearing; and
- approval of three readings of a redistricting bylaw by council.
To request an amendment to the Land Use Bylaw, the applicant(s) must include the following with his or her application:
- legal land description
- land title with landowner's consent
- municipal address
- measurements (area and perimeter)
- explanation showing how the land use will fit with general area land use and anticipated development
- a key plan showing the area of redistricting in the larger area
- a redistricting plan showing the specific land to be redistricted with perimeter and area measurements, current and proposed land use district(s), legal land description and municipal address
- the appropriate fees
Length of Process
Once all the information is submitted and reviewed, council will consider the redistricting Bylaw for the first of three readings. If approved, the public process commences. It includes notification on the Town's website and in the local print media as well as mail-outs to households within the surrounding neighbourhood and to those no less than 300 metres from the edge of the area being redistricted. Then, a subsequent public hearing is conducted. Council will then consider the application in the next two readings of the redistricting bylaw.
Redistricting take a minimum of two to three months and may involve a longer period of time, given the circumstances of the redistricting.
Planning and Infrastructure
Town of Stony Plain
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Stony Plain, Alberta T7Z 1Y1
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