9.0.0
Commercial Growth Management Allocation Regulations

The Commercial Growth Management Allocation Regulations apply to all commercial use development in the Town, unless otherwise exempted in this section. Where these regulations may be in conflict with any District Development Regulations, the Commercial Growth Management Allocation Regulations shall take precedence.

Unless otherwise provided in these regulations, no development permit for a commercial use shall be issued except where a valid commercial use development allotment exists for the parcel. A development permit issued for a commercial use shall not authorize development of gross floor area in excess of the applicable commercial use development allotment. [Amended 5.06.2015]

9.1.0 Annual Commercial Use Development Allotment

9.1.1

There shall be no more than 14,247 m2 of commercial use development allotments allocated over any three (3) year period commencing January 1, 1999, for commercial use development in any commercial Land Use District.

9.1.2

The annual commercial use development allotment available for allocation shall be based on 1.5% of 318,471 m2, which is the assumed amount of existing commercial use development as of the date of adoption of the 1998 Banff Community Plan.

9.1.3

Notwithstanding Section 9.1.2, in any one (1) year, the annual commercial use development allotment available for allocation may exceed or be less than 1.5% of 318,471 m2 so long as:

a. The annual commercial use development allotment available for allocation does not exceed 2% of 318,471 m2, and

b. The total commercial use development allotment available for allocation for any three (3) year period does not exceed 4.5% of 318,471 m2. [Amended 5.06.2015]

9.2.0 Types of Commercial Use Development Applications

9.2.1

There shall be three (3) types of commercial use development applications:

a. Small commercial use developments of up to 46 m2;

b. Medium commercial use developments of greater than 46 m2 but less than 465 m2; and

c. Large commercial use developments of 465 m2 or greater. [Amended 5.06.2015]

9.3.0 Number of Commercial Use Development Allotment Applications

9.3.1

No more than one (1) commercial use development allotment application shall be allowed in one (1) year for each development or project that requires a commercial use development allotment. [Amended 5.06.2015]

9.4.0 Transferability

9.4.1

Any commercial use development allotment or portion thereof that has been awarded may be assignable or transferable to another parcel or development under the provisions of this section.

9.4.2

The transfer of a commercial use development allotment that has been awarded to a parcel or development within the CS Land Use District may only be transferred to another parcel or development within the CS Land Use District.

9.4.3

The Municipal Planning Commission shall review and decide upon all applications to transfer a commercial use development allotment, or a portion of a commercial use development allotment with reference to the goals and objectives of the hierarchy of plans affecting land use in the Town of Banff in accordance with Section 1.6.0.

9.4.4

An application for the transfer of a commercial use development allotment shall include five (5) copies of the following information for the site which is to receive the transfer:

a. Context Plan (minimum scale of 1:500 metric) showing the location of the property, adjacent streets and land use districts;

b. Site Plan showing legal description and municipal address of property, labelled property lines, bylawed property line setbacks, location and size of existing buildings, dimensioned layout of existing and proposed parking areas, entrances, exits, and public thoroughfares, adjacent line of curb, street and lane, and outline to scale of adjacent buildings on adjoining sites;

c. A detailed written description of the proposed building program (type of development, site area, existing and proposed gross floor area by use, floor area ratio, site coverage) parking and housing required;

d. Plans showing the proposed elevations and floor plans;

e. A detailed written description of the design approach to be used relative to the Banff Design Guidelines; and

f. Landscaping Plan based on the Site Plan showing the existing topography with the vegetation that is to be retained and that to be removed, the layout of soft and hard landscaping, pedestrian circulation and open space, screening, slopes and retaining walls.

9.4.5

An application notification sign is required for any application to transfer a commercial use development allotment. The notification sign must conform to Section 4.4.0.

9.4.6

The Development Officer shall within thirty (30) days of the date of decision provide written confirmation to those applicants involved in a transfer of the decision and its effective date.

9.4.7

The expiry date is linked to the original date of receipt of the commercial use development allotment and will not be affected by any transfer. [Amended 5.06.2015]

9.5.0 Existing Commercial Gross Floor Area (GFA) Transferability

9.5.1

Existing commercial gross floor area may be transferable to another parcel or development under the provisions of this section. “Donating properties” are those that are the source of transferring gross floor area. “Receiving properties” are those that will receive and construct gross floor area.

9.5.2

The transfer of existing commercial gross floor area shall conform to Council Policies and Bylaws, and be consistent with the goals and objectives of the Banff Community Plan.

9.5.3

Except as provided for in Sections 9.5.4, 9.5.5 and 9.5.6, gross floor area located within a building in a commercial land use district is eligible for transfer subject to the following conditions:

a. It was previously approved by a developing approving authority (Town of Banff or Parks Canada) and complies with the current definition of gross floor area (GFA) in the Land Use Bylaw;

b. It is located within a commercial land use district, subject to the provisions of this section;

c. It is not recognized under federal heritage legislation, such as a National Historic Site, Heritage Railway Station (subject to Section 9.5.4), or other similar federal legislation; and

d. It complies with any Council or administrative policy regarding the calculation of existing commercial gross floor area.

9.5.4

Further to Section 9.5.3, gross floor area located on donating properties within the CS (Commercial Services) Land Use District may only be transferred to receiving properties within the CS Land Use District.

9.5.5

Further to Section 9.5.3, parcels located within the CR (Railway Lands) Land Use District are not eligible as donating properties, except for those building areas of the CPR Station noted in Schedule C of 11DP49.

9.5.6

Further to Section 9.5.3, no gross floor area shall be transferred from or to the CD Land Use District which in the opinion of the Development Approving Authority:

a. Permits the following uses to be located at-grade and visible to a public roadway other than a lane:

i. Enclosed or unenclosed parking;

ii. Garbage and loading rooms; or

iii. Mechanical or electrical equipment;

b. Is incompatible with the scale, massing and rhythm of buildings along the street in accordance with Section 3.2 of the Banff Design Guidelines; or

c. Is in conflict with Section 12.3.7(r).

9.5.7

Any donating property where a transfer does not involve demolition must enter into a restrictive covenant or other similar agreement to the satisfaction of the Development Approving Authority which is registered on title, and to which any mortgage has been postponed, and indicates that the donating space may not be used for commercial use in the future; Parks Canada must be a party to the restrictive covenant or other similar agreement.

9.5.8

The amount of gross floor area being transferred will not change as a result of the transfer (1:1); nor will the transfer increase the total amount of commercial gross floor area permitted under Schedule 4 of the Canada National Parks Act.

9.5.9

The Development Approving Authority shall give consideration to the heritage value and character of a property affected by a transfer of gross floor area and how any proposed additions or alterations address the retention of key heritage characteristics.

9.5.10

An application notification sign is required for any application to transfer existing commercial gross floor area. The notification sign must conform to Section 4.4.0. The application shall be available for public inspection during regular business hours at Town Hall.

9.5.11

The Town of Banff shall keep and maintain, for inspection by the public during normal office hours, a register of all development permit applications and the decisions made under Section 9.5.0.

9.5.12

An application for the transfer of existing commercial gross floor area shall be accompanied by development permit applications for both the donating and receiving properties.

9.5.13

Decisions on the transference of existing commercial gross floor area shall be made by the Municipal Planning Commission and only in concert with the approvals for the associated development permits. [Amended 5.06.2015]

9.6.0 Commercial Use Development Allotment Exceptions

9.6.1

The remodelling, restoration or reconstruction of an existing commercial building which does not expand the existing commercial floor area or increase the commercial floor area ratio is exempt from the requirements of the Commercial Growth Management Allocation Regulations.

9.6.2

Small commercial use developments may obtain a development permit without reference to the procedures outlined in Section 9.0.0. The total area of all such developments which obtain a development permit in a calendar year shall be subtracted from the total amount of commercial use development allotments available for allotment to medium and large commercial use developments in the next following allocation. [Amended 5.06.2015. Formerly 9.5.0]

9.7.0 Annual Submission Date

9.7.1

Applications for a commercial use development allotment shall be submitted on or before February 15th of each calendar year.

9.7.2

A development permit application may be made for small commercial use developments or projects without obtaining a commercial use development allotment in accordance with the Commercial Growth Management Allocation Regulations. However, no more than one (1) development application shall be allowed for a small commercial use development project within any three (3) year period commencing January 1, 1999. [Amended 5.06.2015. Formerly 9.6.0]

9.8.0 Banking and Expiration of Commercial Use Development Allotments

9.8.1

Notwithstanding any other provision of this section, commercial use development allotments may be banked, until such time as enough square metres have been accumulated to meet the development requirements for a project as defined in the commercial use development allotment application, or November 15, 2009, whichever first occurs.

9.8.2

If a development or project receives in one (1) year a portion of the required commercial use development allotment but not an allotment equal to the total amount of gross floor area specified by the applicant in the original commercial use development allotment application, the development or project shall automatically be included in all future allocation processes pursuant to Section 9.9.3 or 9.9.4 until such time as the remaining portion of the commercial use development allotment has been received, or November 15, 2009, whichever first occurs.

9.8.3

A development permit application shall be submitted within five (5) years of the date the required commercial use development allotment is received. This applies to all developments or projects that have received commercial use development allotments subsequent or prior to October 15, 2003. If a development permit application is not received within five (5) years of the date the required commercial use development allotment is received, or where a completed development has not used the entire allotment, the unused commercial use development allotment shall become available for reallocation as set forth in Section 9.9.0.

9.8.4

Where a development permit application has not been submitted in accordance with Section 9.8.3 the commercial use development allotment shall cease to be valid.

9.8.5

Where a commercial use development allotment has been banked, the time period to apply for a development permit as set out in Section 9.8.3 does not commence until the date of the award of the last allocation necessary to meet the commercial use development requirements for the project as specified in the original application.

9.8.6

Where a commercial use development allotment is banked, but the total required allotment necessary for the project or development as defined in the commercial use development allotment application is not received prior to November 15, 2009, the award of the banked portion of the required commercial use development allotment shall cease to be valid. [Amended 5.06.2015. Formerly 9.7.0]

9.9.0 Commercial Use Development Allotment Review and Allocation Procedure

9.9.1

In each year prior to the annual submission date, the Development Officer shall determine the amount of commercial use development allotment available for allocation, as a result of commercial use development allotments which have been rescinded or have expired pursuant to Section 9.8.3.

9.9.2

In determining the commercial use development allotment available in any year, the Development Officer shall:

a. Limit the commercial use development allotment available in accordance with Section 9.1.0;

b. Make the deduction required by Section 9.6.2;

c. Proportion the commercial use development allotment between medium commercial use development and large commercial use development on the basis of one-third (1/3) for medium commercial use developments and two-thirds (2/3) for large commercial use developments; and

d. Determine the order in which allotment requests are considered, giving priority to applicants that have received a partial commercial use development allotment or to those applicants who applied but were not successful in obtaining a commercial use development allotment prior to 2005.

9.9.3

In the event that fewer commercial use development allotments are applied for than are available during any allocation period, all applications shall receive the allotment requested with the exception of those applications refused by the Development Officer in accordance with Section 9.9.11. The Development Officer shall notify all applicants of the commercial use development allotments awarded to their project within sixty (60) days of the submission date.

9.9.4

In the event that more commercial use development allotments are applied for than are available on an annual basis during any allocation period, for either medium commercial use development or large commercial use development, or both, subject to Section 9.9.2(d), a random selection draw shall be held as required to determine the order in which allotment requests are granted in that allocation period for medium commercial use developments, large commercial use developments, or both.

9.9.5

If the total gross floor area of commercial use development allotment applied for in one (1) year for medium commercial use development is less than the available commercial use development allotments, the excess available commercial use development allotments shall be added to the annual allotment available for large commercial use developments.

9.9.6

If the total gross floor area of commercial use development allotment applied for in one (1) year for large commercial use development is less than the available commercial use development allotments, the excess available commercial use development allotments shall be added to the annual allotment available for medium commercial use developments.

9.9.7

The applications for medium commercial use development allotments shall make up the applications from which a random selection draw is made to allocate the commercial use development allotments available for medium commercial use development in any one (1) year.

9.9.8

The applications for large commercial use development allotments shall make up the applications from which a random selection draw is made to allocate the commercial use development allotments available for large commercial use development in any one (1) year.

9.9.9

The Development Officer shall, when necessary, hold the random selection draw within sixty (60) days of the annual submission date. The Development Officer shall notify all applicants of the commercial use development allotments awarded to their project under the random selection draw.

9.9.10

An application for a commercial use development allotment shall include five (5) copies of the following information:

a. Context Plan (minimum scale of 1:500 metric) showing the location of the property, adjacent streets and land use districts;

d. Plans showing the proposed elevations and floor plans;

e. A detailed written description of the design approach to be used relative to the Banff Design Guidelines; and

9.9.11

A Development Officer may refuse to accept an application for a commercial use development allotment or for the transfer of a partial commercial use development allotment if, in the Development Officer’s opinion, the proposed development is not in conformity with the Land Use Bylaw and does not make adequate provision in respect to the regulations or guidelines of the Land Use Bylaw. The Development Officer must advise the applicant of such a refusal within fourteen (14) days of the submission date.

9.9.12

An applicant shall not be allowed to amend an incomplete application for a commercial use development allotment after the submission date. Only technical corrections or clarifications shall be permitted at the discretion of the Development Officer.

9.9.13

To determine if an application is complete, in conformity with the Land Use Bylaw, and acceptable for inclusion in the allocation, the development application for commercial use development allotment shall be reviewed pursuant to Section 4.0.0.

9.9.14

An application for a commercial use development allotment which contains a request for a variance of any of the development standards contained in the applicable portions of the Land Use Bylaw shall be considered an application which does conform to the provisions of the Land Use Bylaw if the variance requested is one which the Development Officer determines is a variance contemplated by the provisions of the Incorporation Agreement and the Land Use Bylaw. The variance may or may not be supported by the Development Officer. The variance may or may not be granted at the discretion of the Development Approving Authority. [Amended 5.06.2015. Formerly 9.8.0]

9.10.0 Appeals from Decisions of the Development Officer

9.10.1

If a Development Officer refuses to accept an application for a commercial use development allotment or for the transfer of a partial commercial use development allotment in accordance with Section 9.9.11, the applicant may appeal the decision of the Development Officer to Council. Such an appeal may be made by:

a. Filing a written notice of appeal with the Town Manager within fourteen (14) days of receiving the decision of the Development Officer; and

b. Stating in the notice of appeal the reasons for the appeal.

9.0.0Commercial Growth Management Allocation Regulations