Community Consultation in the Planning Process

Understanding Land Use and the Zoning Bylaw
LAND USE ZONES Land Use Zones are divided into major categories such as residential, commercial, industrial, urban service and direct control. These are further sub-divided into smaller categories such as RF-1 (single-detached residence), a residential zone; AP (public parks), an urban service zone; or CB-2 (general business), a commercial zone. For planning purposes, “Use means the purpose or activity for which a piece of land or its buildings are designed, arranged, developed or intended, or for which it is occupied or maintained.”¹⁹ You may hear people use the terms zones, designations and sometimes districts to refer to the various land use zones. In Edmonton, zone is the preferred terminology. LAND USE CATEGORIES Land Use Categories or Classes organize specific uses, such as houses, shops, industries and parks. Each Land Use Zone allows certain specific uses. For example, land zoned RF1 can contain single-detached houses but not an equipment repair shop. Land zoned CB2 (General Business Zone), however, can contain the repair shop. See the process as outlined on page 46 to apply these planning categories to a specific development. For Land Use Categories, see p. 106.
RESOURCES You can access information about your proposed project by locating its proposed use within the “Land Use Categories” on the City of Edmonton Web site. In the Planning section you will find a listing of zones where that use is either permitted or discretionary (see p. 93). www.edmonton.ca
TYPES OF DEVELOPMENT Proposed development of any type must conform to the Edmonton Zoning Bylaw and any other applicable plans (see p. 84). Furthermore, all developments require a development permit. Some types of developments you might encounter are listed below. New Development Once a subdivision has been approved, new residences and development can occur within the parameters of Edmonton Zoning Bylaw and any other plans (see p. 84). Infill Development Infill “fills in” land parcels in existing neighbourhoods. A development permit and a building permit are required. “Infill” can be residential, commercial, institutional or industrial development. Often these developments involve more “intense” use than the original use. See especially Residential Zones, p. 106. Commercial Built for commercial uses, these developments include office buildings, retail and service outlets. They occur in areas designated for commercial uses and encompass a wide variety of building types and sizes. See Commercial Zones, p. 107. Multi-Family Dwellings and Multi-Use Facilities This category encompasses a wide variety of developments that might include row housing, apartment complexes, retail and residential mixed-used buildings. These developments tend to be larger and may have a greater impact on the community. They take more time to assess and process as all parties negotiate allowable uses, zoning parameters and specific development rules such as parking and height restrictions. See Assessing a proposed development, p. 64.
PERMITTED AND DISCRETIONARY USE A development can be considered when its proposed use appears in the list of permitted or discretionary uses for that zone. Permitted uses: Uses that are well-suited to a particular land use zone, and thus automatically allowed there. Discretionary uses: Uses that seem to be compatible within the land use zone, and thus may be allowed. Each application must be reviewed on its own merit to verify that it does not have a detrimental impact on the surrounding area. Permitted and discretionary uses are defined for each land use zone of the Edmonton Zoning Bylaw. The uses identified as permitted or discretionary cannot be changed without amending the list of uses within the specific zone or by a site-specific rezoning (see Land rezoning, p. 90). Decisions on discretionary uses and variances may be appealed to the SDAB (pp. 73, 94).
RESOURCES See the City of Edmonton’s Zoning BylawMatrix for a list of land use zones where specific use categories are either permitted or discretionary. www.edmonton.ca
DEVELOPMENT RULES: PARKING, SITE COVERAGE AND OTHER REQUIREMENTS For each zone and each use, a variety of development rules and requirements apply. See the specific requirements for the development that concerns you. Some examples follow. Parking is a necessary requirement for most developments. All variables of parking should be considered, including number of spaces, accessory parking, handicapped parking, bicycle spaces and loading zones. The USE of the building (e.g., restaurant, apartment block, factory) can also affect the number of required parking spots for that development. Site Coverage is the total horizontal area of all buildings including accessory buildings. For most infill houses, for example, the site coverage allowed is 28 per cent of the total site. Height of development is an issue for most zones. Every zone has a maximum height restriction. The restriction for most single detached houses is 2 1/2 storeys. Landscaping is the preservation or modification of a site’s natural features. Some developments in some zones must have a landscaping plan. Density is the number of residential units per hectare. Does not apply to the number of people or bedrooms; rather, to the number of units. A single detached house is one unit. Tool: Assessing a proposed development, p. 45.
VARIANCES Variances are instances where development rules have been relaxed to allow flexibility for sound planning decisions. In general, a Development Officer can approve variances (with or without conditions) if the proposed development fits these criteria: Does not unduly interfere with neighbourhood amenities Does not materially interfere with the use, enjoyment or value of neighbouring properties Conforms with the use prescribed for that land or building Development Officers shall: Consider a variance only in case of unnecessary hardship or practical difficulties peculiar to the use, character, or situation of land or a building—factors not generally common to other land in the same zone Not consider (except as otherwise provided in the Bylaw) variances of maximum height, floor area ratio and density and the regulations specified in the Airport Protection Overlay^* Consider the general purpose of the appropriate zone Note: Only development rules can be relaxed. The USES allowed in a district cannot be modified or relaxed. Developments are only allowed if the proposed use is included in the lists of uses for the district.^** Development permits with variances may be appealed to SDAB (p. 94).
RESOURCES See the Edmonton Zoning Bylawfor more details. See Notice of approved development, p. 67.
Exception: Some overlays allow the Development Officer to vary height, FAR and density if an Area Redevelopment Plan, Area Structure Plan or Community Plan support different standards. ^* Exception: If an application is made for an unusual use that is not defined in the Edmonton ZoningBylaw, the Development Officer can use discretion to interpret it as the closest equivalent defined use. In this case, the permit would be a Class B Development Permit.	There is no useful rule without an exception. —Thomas Fuller, English physician and writer