7.50 Zoning Bylaw Amendments

1.1. Any person applying for a Text Amendment must apply in writing to the Development Planner. The application must include:
 
1.1.1. the appropriate application form;
1.1.2. the required fees;
1.1.3. the proposed Text Amendment;
1.1.4. a written statement by the applicant to support their application, and reasons for applying; and
1.1.5. where concerning a Special Area, the additional requirements specified in Section 7.70.
1.2. Despite anything contained in this Section, an application for a proposed Text Amendment to this Bylaw which has been refused by Council within the previous 12 months must not be accepted if the effects of the proposed amendment would be the same.
1.3. Prior to Council considering a proposed Text Amendment, the Development Planner must provide notice in compliance with the requirements of the Municipal Government Act.

 

2.1. Any person applying to amend the Zoning Map of this Bylaw must apply in writing to the Development Planner for a Rezoning Amendment. The application must include:
 
2.1.1. a Certificate of Title which has been issued no more than 30 days before receipt of the Rezoning Amendment application;
2.1.2. the appropriate application form; 
2.1.3. the required fees;
2.1.4. a written statement by the applicant in support of their application, indicating their interest in the property and reasons for applying; and
2.1.5. where applicable, the proposed Direct Control Zone, including the additional requirements specified in Section 7.80.
2.2. Upon receipt of an application for a Rezoning Amendment, the Development Planner must send a written notice of the application to:
 
2.2.1. the assessed owner of land that is subject to the Rezoning Amendment;
2.2.2. the municipal address and the address of the assessed owners of land that are wholly or partially within 60.0 m of the boundaries of the Site that is subject to the Rezoning Amendment;
2.2.3. the president of any applicable community leagues; and
2.2.4. the executive director of any applicable business improvement areas.
2.3. During any ordinary mail delivery stoppage, the notice of a Rezoning Amendment application must be given by other alternative means that the Development Planner may specify.
2.4. Where a Direct Control development agreement is entered into between the City and the applicant, the applicant must pay any development agreement fees, in addition to any other fee required under this Bylaw or any other bylaw.
2.5. Despite anything contained in this Section, the Development Planner must not accept an application for a Rezoning Amendment that:
 
2.5.1. for a Direct Control Zone, is substantially similar to; or
2.5.2. for all other Zones, contains the same proposed Zone designations as, 
an application on the same Site that has been refused by Council within the previous 12 months.

 

Review of Amendments
3.1. Upon receipt of an application for a Text Amendment or Rezoning Amendment, the Development Planner must:
 
3.1.1. examine the proposed amendment and request any additional information required to complete this examination;
3.1.2. prepare a written report on the proposed amendment; and
3.1.3. advise the applicant in writing of what recommendation will be made to Council regarding the proposed amendment.
Analysis of Rezoning Amendment 
3.2. Upon receipt of an application for a Rezoning Amendment, the Development Planner must initiate or undertake an investigation and analysis of the potential impacts of development under the proposed Zone and relevant sections of this Bylaw. The analysis must 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 must, among other things, consider the following impact criteria:
 
3.2.1. relationship to and compliance with applicable approved Statutory Plans, and Council policy. Should the application not conform with an applicable Statutory Plan, the Development Planner must require the applicant to submit an application to amend the applicable Statutory Plan before the application for a Rezoning Amendment is determined to be complete;
3.2.2. relationship to any relevant Statutory Plans in preparation at the time of the application;
3.2.3. compatibility with surrounding development in terms of Use, function, and scale of development;
3.2.4. relationship to, or impacts on, transportation networks including but not limited to bicycles, pedestrians, transit, and vehicles;
3.2.5. microclimate impacts, including but not limited to sun, shadow, and wind;
3.2.6. 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;
3.2.7. relationship to municipal land, right-of-way, or easement requirements;
3.2.8. effect on stability, retention, and rehabilitation of desirable existing Uses, buildings, or both in the area;
3.2.9. necessity and appropriateness of the proposed Zone in view of the stated intentions of the applicant;
3.2.10. documented opinions related to land use impacts raised by area residents regarding the application; and
3.2.11. the potential impacts on municipalities within referral and notification areas as identified in the Municipal Development Plan.
Advisement to Applicant and Proceeding to Council
3.3. Upon receiving the advisement from the Development Planner as specified in Subsection 3.1.3, the applicant must advise the Development Planner if:
 
3.3.1. they wish the proposed amendment to proceed to Council; or 
3.3.2. they do not wish to proceed to Council with the proposed amendment, in which case the application is considered cancelled.
3.4. If the applicant does not respond to the Development Planner's advisement, a Development Planner may cancel the application after 1 year from the date of the advisement of the Development Planner.
3.5. If requested by the applicant, the Development Planner must submit the proposed amendment to Council, accompanied by the report and recommendations prepared by the Development Planner.
3.6. The Development Planner may present for the consideration of Council any proposed amendment to this Bylaw, and the proposed amendment must be accompanied by the report and recommendations of the Development Planner.

 

Written Notice
4.1. Prior to Council considering a proposed Rezoning Amendment, the Development Planner must provide notice in compliance with the requirements of the Municipal Government Act.  
4.2. For the purposes of Subsection 4.1, the Development Planner must send a written notice by ordinary mail to:  
 
4.2.1. the applicant;
4.2.2. the address of the assessed owner of the land subject to the proposed Rezoning Amendment;
4.2.3. the municipal address and the address of the assessed owners of land that are wholly or partially within 60.0 m of the boundaries of the Site which is the subject of the Rezoning Amendment, except that the Development Planner may exempt notification for City-initiated Rezoning Amendments:
 
4.2.3.1. for lands incorporated into the City zoned from the pre-annexation municipality's land use bylaw to an equivalent Zone in this Bylaw; or
4.2.3.2. to replace existing Zones with new Zones which are generally consistent with the Uses and regulations of the Zone being replaced;
4.2.4. the president of any applicable community leagues; and
4.2.5. the executive director of any applicable business improvement areas.
 
4.3. Despite Subsection 4.2.3, the Development Planner must increase the 60.0 m notification boundary if they determine that Sites beyond 60.0 m are likely to experience any impact attributable to any development allowed within the proposed Zone.  
4.4. During any ordinary mail delivery stoppage, the notice of a Rezoning Amendment prior to Council considering the proposed amendment must be given by other alternative means that the Development Planner may specify.  
Rezoning Amendment Application Information Sign
  
4.5. The assessed owner of land or applicant for a Rezoning Amendment must place a Rezoning Amendment application information Sign within 21 days of being directed to do so by the Development Planner.  
4.6. Despite Subsection 4.5, the Development Planner may waive the requirement to provide a Rezoning Amendment application information Sign for:  
 
4.6.1. applications that propose to rezone lands in conformity with a Statutory Plan; or
4.6.2. City-initiated Rezoning Amendments for land brought into the City through annexation.
 
4.7. Where a Site is Abutting more than 1 Street, 1 or more Rezoning Amendment application information Signs may be required so that the information is visible from each Street.  
4.8. Where a Rezoning Amendment application information Sign is required, the Sign must be posted for a minimum of 21 days before the application can proceed to a public hearing, unless otherwise directed by City Council.  
4.9. The Rezoning Amendment application information Sign must:  
 
4.9.1. be located on the Site and readable from a minimum distance of 15.0 m from the Front Lot Line or Flanking Side Lot Line;
4.9.2. remain posted and readable until the relevant Rezoning Amendment application is approved or refused by Council, struck from Council's agenda, or withdrawn;
4.9.3. not exceed 3.0 m in Height; and
4.9.4. have a minimum Sign Area of 1.0 m2 and a maximum Sign Area of 3.0 m2.
 
4.10 The design and Copy of a Rezoning Amendment application information Sign must contain the following information:  
 
4.10.1. the municipal address of the Site;
4.10.2. the current Zone applicable to the Site;
4.10.3. the Zone proposed for the Site;
4.10.4. a general description of the type and scale of development activities that could happen within the proposed Zone;
4.10.5. a reference to the City's website where more information regarding the Rezoning Amendment application may be found;
4.10.6. the contact information for the City
4.10.7. applicant name and contact information;
4.10.8. a graphic showing the location and boundaries of the subject Site; and
4.10.9. any other similar information as required by the Development Planner.

 

 

 

 

 

 

 

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4.11. Within 7 days of the placement of the Rezoning Amendment application information Sign, the applicant must contact the Development Planner in writing indicating that the Sign has been placed in accordance with the requirements of this Bylaw.  
4.12. Where the applicant is not the owner of the subject Site, the Development Planner must authorize an alternative notification, which may not meet all of the requirements of Subsection 4.9.1, on public property adjacent to the subject Site.  
4.13. All Rezoning Amendment application information Signs must be removed no later than 30 days following the date of the approval or refusal of the Rezoning Amendment application by Council or the date of withdrawal of the application.