7.100 Authority and Responsibility of the Development Planner

1.1. The Development Planner:
 
1.1.1. must receive all applications;
1.1.2. must ensure that a register of applications is maintained, and is made available to any interested person during normal office hours;
1.1.3. must review each application to determine whether it is complete in compliance with the information requirements and Subsection 2, and if the application complies, enter the application into the register of applications;
1.1.4. must confirm in writing that an application has been received if requested by the applicant;
1.1.5. must review each application to determine its appropriate Use, and may require the applicant to apply for a different Use;
1.1.6. must approve an application for a Permitted Use, with or without conditions in compliance with Section 7.150, provided the development complies with the regulations of this Bylaw;
1.1.7. must refuse an application for a Permitted Use if the development does not comply with the regulations of this Bylaw, unless the Development Planner varies the regulations in compliance with Subsection 1.1.8;
1.1.8. may vary a regulation in a Zone or other Sections of this Bylaw:
 
1.1.8.1. in compliance with the regulations contained in that Zone or Section; or
1.1.8.2. in compliance with Subsections 4, 5 and 6, 
and in such case, the approval is for a Discretionary Development;
1.1.9. when considering an application for a Discretionary Development, may approve the application with or without conditions in compliance with Section 7.150, with or without changes in the design of the development, or with or without the imposition of regulations more restrictive than those required by this Bylaw; 
1.1.10. may refuse an application for Discretionary Development even if it meets the requirements of this Bylaw;
1.1.11. may, in compliance with the regulations of this Bylaw:
 
1.1.11.1. refuse; or
1.1.11.2. approve, with or without conditions;
an application for development in a Direct Control Zone; and
1.1.12. must give notice of their decision on applications in compliance with Section 7.160.
1.2. Where the Development Planner requires information as specified in this Bylaw, the Development Planner, according to the information received, and to their satisfaction:
 
1.2.1. may impose conditions for a Discretionary Development that are necessary to ensure that the Site is suitable for the full scope of development proposed in the application; 
1.2.2. must refuse a Discretionary Development where the Development Planner determines that the Site is not suitable for the full scope of development proposed in the application; or
1.2.3. may impose conditions for a Permitted Development as specified in this Bylaw.

 

2.1. Unless extended by an agreement in writing between the applicant and the Development Planner, within 20 days after the receipt of a Development Permit application the Development Planner must:
 
2.1.1. issue a written acknowledgment to the applicant advising that the application is complete in compliance with Subsection 2.1.2 of Section 7.130; or
2.1.2. issue a written notice to the applicant advising that the application is incomplete, listing the documentation and information that is required, and setting a date that the required documentation and information must be submitted.
2.2. Upon receipt of the required documentation and information by the date set in the notice issued under Subsection 2.1.2, the Development Planner must issue a written acknowledgment to the applicant advising that the application is complete.
2.3. Where the required documentation and information is not provided by the date set in the notice issued under Subsection 2.1.2, the Development Planner must issue a written notice to the applicant stating that the application has been refused and the reason for the refusal.
2.4. Despite the issuance of a written acknowledgement under Subsections 2.1.1 or 2.2, the Development Planner may request additional information or documentation from the applicant that the Development Planner considers necessary to review the application.
2.5. If no decision is made on an application within 40 days after the applicant receives the acknowledgment that the application is complete under Subsections 2.1.1 or 2.2, the application is, at the option of the applicant, deemed to be refused.

 

3.1. An acknowledgment or notice issued under Subsection 2 must include:
 
3.1.1. the date that the acknowledgment or notice was issued;
3.1.2. contact information for the City;
3.1.3. the municipal address of the property subject to the application;
3.1.4. the City file number for the application; and
3.1.5. any other information at the discretion of the Development Planner.

 

4.1. The Development Planner may approve a Development Permit application, with or without conditions, that does not comply with this Bylaw by granting a variance in compliance with Subsections 5 and 6.
4.2. The Development Planner may approve a Development Permit application, with or without conditions, for an enlargement, alteration or addition to a non-conforming building by granting a variance in compliance with Subsections 5 and 6.
4.3. A variance must not be granted for a Development Permit application within a Direct Control Zone except where the ability to grant a variance is specified:
 
4.3.1. within the Direct Control Zone;
4.3.2. within an applicable regulation of a previous land use bylaw where such regulation has been referred to in the Direct Control Zone; or
4.3.3. within an applicable regulation of this Bylaw.
4.4. In the case of a conflict between Subsection 4.3 and the applicable Direct Control Zone, the Development Planner must comply with the provisions of the applicable Direct Control Zone.
4.5. A Development Permit application approved with a variance is a Discretionary Development.

 

5.1. Before the Development Planner considers a variance, the applicant must submit written justification specifying:
 
5.1.1. the reasons for the variance request; and
5.1.2. any other justification as requested by the Development Planner to determine compliance with Subsections 5.2 to 5.4.
5.2. To grant a variance, the Development Planner must be satisfied that the proposed development:
 
5.2.1. would not:
 
5.2.1.1. unduly interfere with the amenities of the neighbourhood; or
5.2.1.2. materially interfere with or affect the use, enjoyment or value of neighbouring properties;
5.2.2. conforms with the Use prescribed for that land or building in this Bylaw; and
5.2.3. conforms with any other applicable variance requirements specified in this Bylaw.
5.3. In addition to the criteria listed in Subsection 5.2, the Development Planner must also be satisfied that the proposed development: 
 
5.3.1. complies with the Municipal Development Plan and any other applicable Statutory Plan; 
5.3.2. conforms to the Purpose of the Zone and any applicable Overlay; and
5.3.3. is consistent with sound land use planning principles.
5.4. When deciding whether to grant a variance, the Development Planner may also consider whether the land where the proposed development is sited has unusual physical features, including but not limited to:
 
5.4.1. slope; 
5.4.2. grade; or
5.4.3. shape,
that otherwise makes it unreasonable for the proposed development to comply with the regulations of this Bylaw.