A Land Use Bylaw (LUB) is defined as a Bylaw that is adopted and used by the Council of Mackenzie County for regulating the use of land and buildings within the Municipality.
A Rezoning Bylaw is defined as a Bylaw presented to the Council for the amendment of a Land Use District.
A Land Use District is defined as a zoning district described in the text of the Land Use Bylaw in which only certain land uses may be allowed as either permitted or discretionary uses and in which specific requirements must be satisfied before development may proceed.
The LUB Amendment and Rezoning Process
Timeline: Minimum of 6 weeks
Prior to MPC or first reading, the application must consist of:
- Application form (including reasons for the request)
- Fee (established by Council, $460 plus $100 advertising fee and $137 sign fee)
- Site Plan of the area if the request is for a rezoning
For second reading additional information may be required including but not limited to:
- Area Structure Plan (ASP)
- Traffic Impact Assessment
- Agrology, hydrology, and percolation tests
- Engineered plans (roads, drainage, etc.)
Department staff prepares the Bylaw Amendment Application for recommendation by the Municipal Planning Commission (MPC). This recommendation is then taken to Council when the Bylaw is taken for first reading.
- DEFEAT the application at this stage, a refund may be issued by Council for the application fees; or
- Pass first reading, APPROVING the Bylaw subject to Public Hearing.
The applicant is sent a letter notifying them of the Council’s decision and their next steps.
The applicant is provided a sign, advertising the public hearing, to display on the subject property for a minimum of two (2) weeks leading up to the public hearing date.
Department staff will ensure the proposed bylaw is advertised in accordance with the Municipal Government Act (MGA) and appropriate referral agencies are notified.
The applicant or any member of the public may provide written submission or speak in person at the public hearing either in support of or opposition to the proposed bylaw at no charge to the speaker.
Following public hearing Council has the following options:
- Give second reading and request further information or some action to be taken,
- DEFEAT second reading of the bylaw,
- Give second and third reading, APPROVING the bylaw,
- Give second reading but DEFEAT third reading of the bylaw,
- Table the bylaw for further information or for some action to be done.
The Land Use Bylaw amendment comes into effect upon the passing of the third reading of the bylaw.
The applicant is sent a letter notifying them of the result, the sign is required to be removed by the applicant within seven (7) days of the public hearing.