Permitted uses

If an application for a development permit is for a proposed development that is a permitted use that complies with this bylaw, the development authority must issue a development permit:

1. (a) without conditions; or
2. (b) with conditions as provided for in this bylaw.

If an application for a development permit is for a proposed development that is a permitted use, and the proposed development does not comply with all of the applicable regulations of this bylaw, the development authority may:

1. (a) refuse to issue the development permit; or
2. (b) in accordance with this bylaw, grant a variance of the regulation(s) to which the proposed development does not comply and issue a development permit with or without conditions as provided for in this bylaw.

Discretionary uses

If an application for a development permit is for a proposed development that is a discretionary use, the development authority may:

1. (a) refuse to issue the development permit; or
2. (b) issue a development permit:
   1. (i) without conditions; or
   2. (ii) with conditions, that may or may not include the imposition of regulations that are more restrictive than those in the applicable zone, the general regulations in Part 3, or the specific use regulations in Part 6 of this bylaw.

The following are considerations when reviewing an application for a development permit for a proposed development that is a discretionary use:

1. (a) compatibility with applicable statutory plans and County policies;
2. (b) compatibility with the intent of the zone as set out in the purpose statement for the zone;
3. (c) compatibility with the area and existing development in the area, including with respect to land use, the scale of the development, and possible effects on the future development or redevelopment potential of the area;
4. (d) the volume of vehicle traffic generated in the area both daily and during peak hours; and
5. (e) parking or public transit impacts for the area;
6. (f) any applicable geotechnical considerations, including water table location, the potential for flooding, and slope stability;
7. (g) impact on community services and community facilities, including those related to fire protection, healthcare, parks, or schools;
8. (h) any potential nuisance beyond the lot lines of the lot and whether and how it can be mitigated.

When considering an application for a development permit for a proposed development that is a discretionary use, the development authority may consider but is not bound by:

1. (a) known concerns or opinions regarding the development from any person that may be affected by the development, and adjacent municipalities; or
2. (b) reference to reports, studies, or information prepared by a qualified professional.

Non-Conforming Building

The development authority must not grant a variance nor issue a development permit for an enlargement, addition, rebuild, or structural alteration to a non-conforming building, unless the proposed development:

1. (a) brings the building into conformance with this bylaw; or
2. (b) does not increase the non-conformance of the building with this bylaw.

Variances

In accordance with this bylaw, the development authority may grant a variance of the regulations of this bylaw to which the proposed development does not comply if, in the opinion of the development authority, the proposed development:

1. (a) would not unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the use, enjoyment, or value of neighbouring land; and
2. (b) conforms with the uses prescribed for that lot or building in this bylaw.

In considering those factors set out in section 2.8(7), the development authority may consider, but is not bound by, any known concerns and opinions regarding the development from any person that may be affected by the development, and adjacent municipalities.

When considering whether to grant a variance of a regulation related to setbacks or lot area, the development authority should:

1. (a) consider whether the County, another municipality, the Province of Alberta, or the Federal Government of Canada has acquired land resulting in the non-compliance with the regulation related to a setback or lot area; and
2. (b) whether the proposed development would have complied with such regulations as they would have been applicable if not for such prior land acquisition.

Despite anything else in this bylaw, the development authority must not grant a variance of:

1. (a) greater than 10 % of the maximum building height regulation of any zone or overlay excluding the AO overlay where there shall be no variance;
2. (b) the density;
3. (c) the floor area ratio; or
4. (d) the setbacks from a pipeline right-of-way.