Strathcona County - Interactive Land Use Bylaw
Part 2 : Administrative Provisions
2.5 Control of development and use
A development permit is required for every development unless it is otherwise exempted in this bylaw.
No person shall commence, or cause or allow to be commenced or carried on, a development unless a development permit has been issued for such development and continues to be valid for such development.
No person shall contravene, or cause or allow to be contravened, a development permit, including any condition of a development permit.
The issuance of a development permit for a development does not remove obligations for such development to comply with this bylaw and conform with other applicable legislation, bylaws, land title instruments, or County policies. Without limiting the generality of the foregoing, the issuance of a development permit does not remove obligations for such development to comply with the Municipal Government Act, the Safety Codes Act, or any caveats, restrictive covenants, or easements that might be attached to the lot containing the development.
The development authority shall not accept an application for a development permit when the proposed development:
- (a) is for a use that is not a permitted use or discretionary use in the applicable zone;
- (b) is for a use that is a prohibited use in the applicable zone pursuant to an overlay; or
- (c) does not conform to the fundamental use criteria for the applicable zone.
A development, in whole or in part, cannot be located on, over, or under any County land, reserve land, road, right-of-way, or easement, without the prior written consent of the County, which the County may or may not grant in its sole discretion. The issuance of a development permit does not constitute the consent of the County to a development or use, or any part of a development or use, being situated on, over, or under any County land, reserve land, road, or easement.
No person shall commence, cause or allow to be commenced, carry on, or cause or allow to be carried on, a use that is a secondary use or an accessory use on a lot or site unless there is a valid development permit for the principal use or no development permit is required by this bylaw for the principal use.
Where, in the opinion of the development officer, a lot was reduced in size due to the acquisition of lands for public use by the County, a provincial or federal agency, or a public utility, the lot shall be considered to exist as it did prior to the acquisition of the lands for the purpose of further development upon the lot under the lot’s existing zoning regulations.
Within 12 months of the date of the decision of the development authority to refuse an application for a development permit, the development authority must not accept an application for a development permit that is, in the opinion of the development authority, the same development and located on the same lot.
Section 2.5(9) does not apply when:
- (a) the application for the development permit is for a development that is a permitted use that conforms to all of the requirements of this bylaw;
- (b) the application for the development permit addresses, in the opinion of the development authority, the reasons the application for the development permit was refused by the development authority; or
- (c) the application for a development permit that was refused by the development authority was deemed to be refused under section 2.7(7).
