Strathcona County - Interactive Land Use Bylaw
Part 2 : Administrative Provisions
2.1 Amendments to the Land Use Bylaw
Despite anything else in this bylaw, the County may initiate amendments to this bylaw in accordance with the Municipal Government Act.
By submitting a complete application to the County in accordance with this bylaw:
- (a) any person may apply to amend the text in Part 1 through Part 17 of this bylaw, with the exception of Parts 14 and 15; or
- (b) the owner of a lot, the authorized agent of the owner of a lot, or other person having legal interest in a lot, may apply to amend one or both of:
- (i) the text in Parts 14 or 15 of this bylaw;
- (ii) schedule A of this bylaw to change the zoning of that lot.
Complete application for amendment
A complete application to amend this bylaw includes the following:
- (a) a completed application form in the form prescribed by the County;
- (b) the land use bylaw amendment fee, the advertising and notification fee and, if applicable, the additional advertising fee prescribed by the Fees, Rates and Charges Bylaw as may be amended or replaced from time to time;
- (c) where the application relates to a lot(s), a completed right-of-entry authorization in the form prescribed by the County authorizing entry onto the lot for purposes related to the application to amend this bylaw;
- (d) if the application is for the rezoning of a lot(s):
- (i) a copy of the certificate of title for the lot issued not later than 30 days prior to the receipt of the complete application by the County;
- (ii) authorization of the registered owner(s) of the lot(s). In addition, if the applicant is not the registered owner of the lot, then proof to the satisfaction of the County that they are:
- (iii) a map showing the location, dimensions, and boundaries of the lot for which the zone is proposed to be changed;
- (e) if the application is for a text amendment or if otherwise required by the County, a written statement describing the intent of the amendment, providing the reason and the planning rationale for the amendment and specifying those applicable statutory planning policies that support the amendment;
- (f) if the application is for an amendment to create a Direct Control zone or if otherwise required by the County, a report detailing the opinions and concerns received through a public engagement process completed in accordance with an approved Public Engagement Plan;
- (g) if the application is for an amendment to create a Direct Control zone then:
- (i) each of those requirements set out in section (d) ;
- (ii) a written statement indicating why, in the applicant's opinion, a Direct Control zone is necessary having regard to the criteria set out in section 2.2(2) and why the same results cannot be achieved through the creation of a zone that is not a Direct Control zone; and
- (h) any additional information which may include, but is not limited to, drawings, reports, risk assessments, and studies required by Administration to evaluate the application, including the consistency of the amendment with this bylaw, any applicable statutory plans, County conceptual schemes, and County policies; and provide a recommendation to Council regarding the amendment.
After receipt of an application to amend this bylaw, Administration will advise the applicant in writing that:
- (a) the application is complete; or
- (b) the application is incomplete and identify what outstanding requirements must be submitted for the application to be complete.
Administration may determine an application to amend this bylaw to be incomplete where the:
- (a) information required in this bylaw for a complete application is not provided;
- (b) quality of the information provided in the application is inadequate to properly evaluate the application;
- (c) amendment does not conform with an applicable statutory plan; or
- (d) amendment necessitates adoption of a statutory plan in order to conform with another statutory plan or a County policy.
In the event that Administration determines an application to amend this bylaw is:
- (a) incomplete pursuant to section 2.1(5)(c), then Administration may require the applicant to submit an application to amend the applicable statutory plan before the application to amend this bylaw is determined complete; or
- (b) incomplete pursuant to section 2.1(5)(d), then Administration may require the applicant to submit an application to adopt the necessary statutory plan before the application to amend this bylaw is determined complete.
Despite section 2.1(5)(c) and section 2.1(5)(d), Administration may determine an application to be complete if Administration is of the opinion that the application to amend the applicable statutory plan or to adopt the necessary statutory plan should be considered concurrently with the amendment.
Processing and review of complete application for amendment
Despite Administration determining the application to be complete, at any time during its review of the potential impacts of the amendment Administration may request from the applicant additional information or documentation that Administration considers necessary.
Following completion of review of the potential impacts of the amendment, Administration will advise the applicant in writing that Administration is:
- (a) prepared to recommend the amendment to Council; or
- (b) not prepared to recommend the amendment to Council and the reasons Administration is not prepared to recommend the amendment to Council.
Upon receiving Administration’s comments, the applicant must advise Administration in writing whether:
- (a) the applicant wishes to proceed to Council with the amendment; or
- (b) the applicant wishes to revise the application to address the reasons Administration is not prepared to recommend the amendment to Council and resubmit for review; or
- (c) the applicant does not wish to proceed to Council with the amendment and requests to cancel the application.
If the applicant does not advise the County in accordance with section 2.1(10) within one year from the date of Administration’s comments, the application will be cancelled.
At any time after advising Administration that the applicant wishes to proceed to Council with the amendment, the applicant may decide that the applicant no longer wishes to proceed to Council. In such event the applicant must advise Administration in writing of the applicant's decision and the application will be cancelled.
Notification sign for amendment
If the application is for an amendment to Part 15 or schedule A of this bylaw to change the zone of a lot, then within 14 days of the applicant receiving the advice from Administration that the application is complete, the applicant must erect a notification sign in accordance with this bylaw.
The applicant must remove the notification sign within seven days after the earlier of:
- (a) the completion of the public hearing of Council with respect to the proposed amendment; or
- (b) the cancellation of the application for amendment.
Notification of public hearing for amendment
In accordance with the Municipal Government Act, when the proposed amendment to this bylaw is to Part 15 or schedule A of this bylaw to change the zone of a lot, in addition to the persons to whom the County must give notice in accordance with the Municipal Government Act, the County will also give notice of the public hearing to the owners of the following lots at the name and address shown for each owner on the County's assessment roll:
- (a) if the lot or part of the lot to which the proposed amendment relates is located in the urban service area or a hamlet, then those lots that have any lot line located within 60.0 m of any lot line of the lot to which the proposed amendment relates; or
- (b) if the lot or part of the lot to which the proposed amendment relates is located in the rural area (excluding in a hamlet), then those lots that have any lot line located within 200.0 m of any lot line of the lot to which the proposed amendment relates.
If the County is of the opinion that the proposed amendment to this bylaw is likely to affect owners of other lots beyond those entitled to notice of the public hearing in accordance with the Municipal Government Act and this bylaw, the County may, in its sole discretion, give notice to the owners of such other lots at the name and address shown for each owner on the County's assessment roll.
Reapplication for amendment
A person cannot apply to amend this bylaw if the proposed amendment is the same or substantially the same as an amendment that was defeated by Council within the previous 12 months.