1.0.0
General
1.1.0 Title
This Bylaw shall be referred to as the "Town of Banff Land Use Bylaw".
1.2.0 Purpose
This Bylaw is to provide for the orderly, economic, beneficial, and environmentally sensitive development of the Town having regard for the following objectives:
a. to maintain the Town as part of a World Heritage Site;
b. to serve as a centre for accommodation and other goods and services for Banff National Park visitors;
c. to serve as a centre for the widest possible range of interpretive and orientation services to Banff National Park visitors;
d. to maintain and enhance a community character complementary to the surrounding natural environment; and
e. to provide a comfortable living community for those persons who need to reside in the Town.
1.3.0 Enabling Legislation
This Bylaw is passed in accordance with the Incorporation Agreement between the Government of Canada and the Government of Alberta. Under the Agreement, certain provisions of the Alberta Municipal Government Act apply to the Town. The Agreement should be referred to as there are provisions and rules in it which are not included in this Bylaw.
1.4.0 Districts
The Town is divided into land use districts and the boundaries of those districts are shown on the Land Use District Map which is attached as Schedule "A" to this Bylaw. The Bow River is not included within any district.
1.5.0 Uses and Regulations
Except as otherwise allowed by this Bylaw, development and subdivision in each district shall be in accordance with the uses listed in the district and all the regulations and guidelines in the Bylaw.
1.6.0 Compliance with other Legislation
1.6.1
In addition to this Bylaw, an applicant is responsible for complying with all federal, provincial, or municipal legislation including the Agreement, the Banff National Park Management Plan and applicable statutory plans. The applicant is also responsible for complying with the conditions of any easement, covenant, lease, scheme, or development agreement which affects the development or subdivision. Any requirements established by the Canadian Environmental Assessment Act must be followed.
1.6.2
Although a development permit may be issued, that development permit does not entitle the applicant to carry on a business. Businesses are also governed by the Town of Banff Business License Bylaw and require a license under that Bylaw. Similarly, a building permit may also be required.
1.6.3
In this Bylaw,
Alberta Housing Act means the Alberta Housing Act, S.A. 1994, c. A-30.1, and any amendments thereto or any act substituted therefor;
Alberta Safety Codes Act means Regulation 109-91 passed pursuant to the Safety Codes Act, Statutes of Alberta, 1991, c.S-0.5, and any amendments thereto or any act substituted therefor;
Canadian Environmental Assessment Act means the Environmental Assessment Act, Statutes of Canada, 1992, c.37, and any amendments thereto or any act substituted therefor;
Interpretation Act means the Interpretation Act, Revised Statutes of Alberta, 1980, c.I-7, and any amendments thereto or any act substituted therefor;
Municipal Government Act means the Municipal Government Act, Statutes of Alberta, 1994, c. M-26.1, and any amendments thereto or any act substituted therefor; and
National Parks Act means the National Parks Act, Revised Statutes of Canada 1985, c. N-14, 4th Supplement, c. 39, and any amendments thereto or any act substituted therefor.
1.7.0 Non-Conforming Uses
1.7.1
When on or before the day on which this Bylaw or any Bylaw for the amendment of it comes into force, a development permit has been issued by the Town or Parks Canada, and the enactment of the Bylaw would render the development in respect of which the permit was issued a non-conforming use or non-conforming building, the development permit continues in effect notwithstanding the enactment of the Bylaw.
1.7.2
A non-conforming use of land or a non-conforming use of a building may be continued but if that use is discontinued for a period of 6 consecutive months or more, any future use of the land or building shall conform with the provisions of the Land Use Bylaw then in effect, except as provided in s.1.7.6.
1.7.3
A non-conforming use of part of a building may be extended throughout the building but the building, whether or not it is a non-conforming building, shall not be enlarged or added to and no structural alterations shall be made to it or in it.
1.7.4
A non-conforming use of part of a lot shall not be extended or transferred in whole or in part to any other part of the lot and no additional buildings shall be erected on the lot while the non-conforming use continues.
1.7.5
A non-conforming building may continue to be used but the building shall not be enlarged, added to, rebuilt or structurally altered except as may be necessary to make it a conforming building, or as a Development Officer considers necessary for the routine maintenance of the building.
1.7.6
If a non-conforming building is damaged or destroyed to the extent of more than 75% of the value of the building above its foundation, the building shall not be repaired or rebuilt except in accordance with the Bylaw, provided however a non-conforming use may continue in a rebuilt conforming building.
1.7.7
The use of land or the use of a building is not affected by reason only of a change of ownership, tenancy or occupancy of the land or building.
1.7.8
An existing structure upon a site which does not comply with the density and site coverage regulations of the Bylaw shall be deemed to be a permitted use on that site if:
a. the building and use had been approved on or before January 1, 1998 by a development permit which has not expired;
b. it has been accidentally destroyed by a normally insurable peril; and
c. it will be redeveloped with no variation whatsoever, except as may be permitted pursuant to s.4.7.0 of this Bylaw, in that structure, except as may be necessary to comply with other applicable legislation including the Alberta Safety Codes Act and Schedule "B" of this Bylaw.
1.8.0 Minister’s Standing
The Minister has standing to appear at any public hearing on amendments to this Bylaw. In addition, the Minister may commence legal action about any decision made or action taken in connection with this Bylaw.
1.9.0 Development Application Process
An application for a development permit which is received in its complete and final form prior to the effective date of this Bylaw shall be processed, and the permit approved or rejected, in accordance with the Town of Banff Land Use Bylaw and the regulations thereto as applicable. Such applications shall be approved or rejected within 90 days of this Bylaw coming into effect, and no extension shall be granted to any development permit issued under this Section.
1.10.0 Development Fees
The fees required to be paid pursuant to provisions of the Town of Banff Land Use Bylaw are set out in Schedule G.