Land Use Bylaw Refresh

The Land Use Bylaw (LUB) is the “book of rules” for development and use of land and buildings in the Town of Peace River. The contents of the LUB must follow the direction set by the Municipal Development Plan. The LUB regulates how land can be used, what and where buildings can be built. The LUB aims to balance landowner’s rights with the interests of the community.

Peace River is a community with natural features and distinctive development patterns that uniquely influence future development opportunities. The comprehensive refresh of the Land Use Bylaw (LUB) aims to ensure that the bylaw is effective in regulating land uses and development within the Town.

Land Use Districts are areas of land identified in the Town's Land Use Bylaw that determine the type of land uses allowed within the area. Each district has specific rules and regulations about how the land can be used and what the built form could look like. 

Other provinces and some Alberta municipalities use the term “Zoning Bylaw” with “Zones”. Land Use Districts and Zones are commonly used interchangeability. 

Examples of the types of Districts include:

• Residential districts are where people can build houses and live.
• Commercial districts are for businesses like stores and offices.
• Industrial districts are for uses such as factories and warehouses. 
• Public districts are for uses related to recreation, utilities and other community amenities and features

Land Use Bylaws should be a dynamic document that responds to development trends and changing community interests. The last major update to the bylaw was in 2012. 

The LUB is being reviewed to provide greater clarity and consistency in an easy to read, updated document that better reflects the Peace River context and current land use planning and development practices. A review of other land use bylaws within the province has identified practices that the Town aims to integrate into the bylaw. These issues and identified practices merit an overhaul of the bylaw, rather than continued individual amendments.

Indirectly. 

The Land Use Bylaw regulates land use and the development requirements for every property. Property taxes are based on the amount of money Town Council requires to support the running of Town services. To get the amount of revenues required from property taxes, the Town takes the overall expenditure and subtracts all other sources of revenue such as licence fees, permits, user fees and provincial grants. The balance is the amount to be raised through municipal property taxes. 

To calculate property tax, tax rates (or mill rates) are established. The tax rates reflect the amount of tax to be paid for every $1 of assessed value. The municipal tax rate equals the total property tax revenue required by the Town of Peace River divided by the total assessment. The land use and the improvements on the property, based on what is permitted in each Land Use Districts in the Land Use Bylaw, determines the assessed value on which the property taxes are calculated

Yes. 

It is illegal to change a district without informing the landowner in writing of their intention to do so unless a municipality is changing the Land Use Bylaw in a way where the entire districting approach is changing. In this situation the town is required to proceed through a formal public notification processes involving advertising of the changes.

No. 

You can apply for a development permit or subdivision at any time. An application received before the new bylaw is approved will be evaluated with the existing land use bylaw. 

 Yes. 

Existing land uses and development with previously approved development permits are considered legally existing. If the development does not comply with the development regulations of the new bylaw, the development is considered "legally existing, non-conforming." Most developments will continue to be legally existing. 

If your development is legally existing, non-conforming, there are limits to what you can do in the future to your property based on the regulations of the Municipal Government Act: 

Can: 

1. Continue to a non-conforming use of land or a building.  

Can't: 

1. Continue a use after it has been discontinued for a period of greater than 6 months; or 
2. Rebuild a non-conforming building if it has been substantially destroyed by fire or other natural disaster.

The proposed changes will impact the development opportunities in town over the coming years. As changes occur, this may impact all residents. Changes to the bylaw may directly impact you if you are planning to develop land or a building in the future. 

The refresh will update development related processes, and you may see certain things done differently, such as how the community is notified of development approvals.