Land Use Bylaw

Municipal Government Act
The Municipal Government Act is the key provincial legislation from which the Town derives its authority to undertake planning and development. The MGA establishes the powers and responsibilities of Council and administration in creating policies Intermunicipal Development Plan (IDP) Area Structure Plan (ASP) and Area Redevelopment Plan (ARP) and the Land Use Bylaw. These provide a framework for coordinated land use planning and decision-making. The MGA also provides municipalities with enforcement mechanisms to ensure conformity between development and approved plans and bylaws.

Alberta Land Stewardship Act
The Alberta Land Stewardship Act (ALSA) is a 2009 provincial legislation that establishes a regional approach to land use planning through the implementation of the Alberta Land-use Framework (LUF). It aims to achieve Alberta’s long-term economic social and environmental goals through the efficient management of public and private lands and natural resources. The ALSA divides up the province into seven “land-use regions” based on the LUF which correspond to Alberta’s major watersheds and requires a regional plan for each region. The Town of Grimshaw is located within the Upper Peace Region. Once adopted the Upper Peace Regional Plan will provide high-level policy direction for land use planning and decision-making within the Town of Grimshaw.

Provincial Land Use Policies
The province’s Land Use Policies were created in 1996 under the MGA to guide municipalities in harmonizing provincial and municipal policy initiatives at the local land use planning level. The policies establish high-level principles such as a collaborative approach to addressing planning issues for better land use planning. The Provincial Land Use Policies will be replaced by regional plans once in effect.

Subdivision and Development Regulation
Enacted in 2002 and amended in 2017 the Subdivision and Development Regulation outlines a number of requirements procedures and guidelines for the referral and decision-making process on subdivision applications in Alberta in addition to the requirements of the MGA. The Subdivision and Development Regulation prescribes the following setback distances:

• 100 metres from gas and oil wells;
• 1.5 kilometres from sour gas wells and facilities (depending on the level of the sour gas facility and the intensity of the proposed use);
• 300 metres from the working area of a wastewater treatment plant;
• 300 metres from the disposal area of an operating or non-operating landfill or the working area of an operating storage site; and
• 450 metres from the working area of an operating landfill the working or disposal area of a non-operating hazardous waste management facility or the working area or disposal area of an operating hazardous waste management facility.

The Subdivision and Development Regulation also requires that an applicant for subdivision or for development permit (except when the proposed building is less than 47 square metres) supply information regarding abandoned oil and gas wells on the subject parcel. If an abandoned well is identified during the application process Alberta Energy Regulator Directive 079 (Surface Development in Proximity to Abandoned Wells) prescribes minimum setbacks and may require the applicant to contact the licensee of record.

Lac Cardinal Intermunicipal Development Plan (2016)
The Lac Cardinal Intermunicipal Development Plan is an intermunicipal development plan between the Town of Grimshaw the Municipal District of Peace No. 135 and the Village of Berwyn. Providing a cooperative framework for land use planning and development decision-making for lands around the boundaries of the three municipalities the IDP contains policies that address land use environmental matters transportation economic development and intermunicipal infrastructure as well as procedures for administering and amending the plan. There are proposals to review and amend the IDP to satisfy all the requirements of the MGA based on 2018 changes in the MGA.

Municipal Development Plan (2011)
The Municipal Development Plan (2011) identifies the Town of Grimshaw’s strategic vision and provides policy direction for land use planning and coordination within the Town’s boundaries. It contains policies that address agriculture commerce housing industry transportation infrastructure recreation the environment and social and economic development.

Area Structure Plans (ASPs)
Area Structure Plans provide a framework for future subdivision and development of land resulting in the creation of new neighbourhoods or commercial areas. They identify where residential commercial institutional and industrial development will be located and how services such as water electricity sewer systems telecommunications schools fire protection and parks will be provided. ASPs are either prepared by the Town or required from a developer in advance of a subdivision proposal. Currently the Town has the following ASPs:

• West Grimshaw Area Structure Plan (2009 Update)
• Ingham Industrial Area Structure Plan (1989)
• Parkland Subdivision Area Structure Plan (1989)

Land Use Bylaw No. 1146 (Consolidated 2020)
The Town of Grimshaw’s Land Use Bylaw can be described as the “rule book” for development. It regulates the development of land and buildings on a site-specific basis based on the policy directions set by the MDP IDP and ASPs. The LUB defines what constitutes development (or land use); divides up the community into land use districts and lists the land uses allowed in each district; separates all the land uses enabled in each district into permitted and discretionary uses; and sets the development standards (e.g. size of land and buildings building heights setbacks and site coverage) for each land use district. It also lists the requirements for a development permit application and timelines for decision; outlines the process for appealing a development permit decision; and the process for amending the Land Use Bylaw.

A person may apply to amend the Land Use Bylaw in writing to the Development Officer by completing the form below and submitting an application fee as established by Council. All applications to amend the Bylaw shall include the following:

• A certificate of title for the subject property;
• An indication of the applicant’s interest in the subject property;
• A statement of the proposed land use(s);
• Reasons in support of the amendment; and
• Any supporting drawings subject to the satisfaction of the Development Officer

All amendments to the Land Use Bylaw shall be made in conformity with the provisions of the MGA and any applicable statutory plans. The Town of Grimshaw may at any time also initiate an amendment to the Land Use Bylaw.

• Application to Amend Land Use Bylaw (Form 1)

Non-Statutory Plans Policies Standards and Bylaws
In addition to statutory plans and the Land Use Bylaw the Town of Grimshaw has other non-statutory plans policies bylaws and standards that are used when considering applications for development permit and subdivision. They include:

Municipal Sustainability Plan (2011)
The Town of Grimshaw Municipal Sustainability Plan is a long-term policy plan that was developed in 2011 to guide change and development towards a sustainable community based on the environmental cultural social and economic aspects of the Town. The plan identifies principles goals priority projects actions and measures for promoting sustainable development in Grimshaw.

Public Participation Policy
Adopted by Council in 2018 the Public Participation Policy outlines the Town of Grimshaw’s approach to public participation. It defines the role of the Town in informing and engaging municipal stakeholders in the decision-making process.

Business License Bylaw No. 1144
The Business License Bylaw manages the licensing and regulation of businesses operating within the Town of Grimshaw. Under the Bylaw all new and existing businesses operating in Grimshaw except non-profit organizations are required to obtain and maintain a business license from the Town Office. A business license is required in addition to a development permit for newly built business establishments.

Fee Schedule Bylaw No. 1153
The Fee Schedule Bylaw consolidates the fees rates charges and penalties for services provided by the Town of Grimshaw including development permit application fees.

Grimshaw Lot Availability Study (2017)
The Lot Availability Study provides a factual inventory of all lots within the corporate boundaries of the Town of Grimshaw. The Study identifies the current number of vacant lots under planning consideration and may be used to determine approval conditions for a development based on the level of services available to a lot.

Relationship Between Planning Documents
The hierarchy of documents within the Town of Grimshaw’s land use planning framework is established by the MGA. The MGA requires that each level is consistent with the level above and below it and that the policies or regulations within planning document(s) at each level may be implemented by those below them in the decision-making process. The MGA provides the legislative authority for municipal land use planning and decision-making while the ALSA regional plan (or Land Use Policies in their absence) provides broad-based policy directions and principles for municipal land use planning which are affected through statutory plans and bylaws. The statutory plans provide future direction for the development and use of lands at the fringe areas of the Town’s boundaries (IDP) or within the whole municipality (MDP) or small areas of the Town in greater detail (ASPs). The LUB regulates the use and development of land based on the policy directions of statutory plans while the Subdivision and Development Regulation regulates subdivision planning in conjunction with the MGA applicable statutory plans and the Land Use Bylaw. The polices studies guidelines and other documents contain additional information or specific requirements outside statutory plans and the LUB documents to establish application requirements and inform the review and decision-making process for development permit and subdivision applications either in general or for certain types of development and subdivision or for development and subdivision at certain locations. Where there is a conflict or inconsistency between a higher-level planning document and a lower-level planning document the higher-level planning document prevails to the extent of the conflict or inconsistency.

Applying for a Development Permit
Unless exempted by the Land Use Bylaw or other legislation all developments within the Town of Grimshaw require a development permit. A development permit provides legal authorization for a development; having it protects the property owner or renter/leasee against future legal or transactional issues. Development permits must be obtained prior to undertaking a development. The process of applying for a development permit including all the documents required is detailed in the brochure below. Applicants for a development permit are advised to read the guidelines prior to completing an application.

• A Guide to Applying for a Development Permit Development Permit Brochure (MMSA)

To apply for a development permit please download and complete the appropriate application form below and submit them to the Town Office. The Town has two (2) types of development permit application forms one for home-based business (Form E) and the other for other types of developments (Form A). If the development involves the relocation of a manufactured home or other type of dwelling unit into Town or from one lot to another lot within Town a manufactured home moving permit or a moving permit is required in addition to a development permit. If a manufactured home or other type of dwelling unit is being moved out of Town then only a manufactured home moving permit or a moving permit is required. In either case applicants must use Form A.

If your proposed development is enabled in the district where your site is located but fails to meet all the requirements of the Land Use Bylaw your application may still be considered and a permit may be issued if you apply for a variance and the variance is granted by the Development Authority. To apply for a variance check the appropriate section on the development permit application form and provide details regarding the type of variance being requested the amount or extent of the variance and the rationale for requesting the variance. If the proposed development is not enabled in the district where your site is located you must first apply for an amendment to the Land Use Bylaw to enable the type of development you want and if successful apply for a development permit. Use Form I to apply for a Land Use Bylaw Amendment. All the forms are also available at the Town Office.

• Development Permit Application Form A
• Development Permit Application Form E (Home Based Business)
• Application to Amend the Land Use Bylaw (Form 1)

Unless extended by a written agreement between the Development Authority and the applicant the Development Authority has 40 days to make a decision on an application from the date the applicant is issued a Notice of Complete Application. To ensure timely processing of applications it is important for applicants to submit a complete application and provide any additional information if required by the Development Authority during the review process. Please contact the Town Office prior to submitting an application if you have any questions about completing the application form.

An approved development permit may include conditions that must be met by the permit holder. These conditions could include a requirement for the applicant to enter into a Development Agreement to perform a number of obligations or obtain additional permits/ licenses from the Town or external organizations before commencing or operating their development. A business license is an example of an additional permit that may be required by the Town besides a development permit. To apply for a Town of Grimshaw business license click here. Permits/licenses from external agencies may include building fire mechanical/electrical plumbing and gas permits from an accredited Safety Codes Agency and/or license from a federal or provincial agency (e.g. Cannabis Store License from AGLC to operate a cannabis retail facility).

In addition to permits/licenses inspections may also be conducted by the Town provincial authorities or external agencies to verify that the completed development complies with applicable legislation standards or requirements of the approved permit or license. These inspections may include fire safety codes and health inspections.

Applying for a Subdivision
Subdivision is the process of dividing a single parcel of land into two or more parcels each with a separate Certificate of Title. A registered land or property owner (or their authorized agent) wishing to create two or more lots from a single parcel of land must obtain a subdivision approval prior to subdividing the land. The Mackenzie Municipal Services Agency (MMSA) is the Subdivision Authority for the Town of Grimshaw. Below are links to the subdivision application package including the guidelines the application form and timeline for decision which are available on the MMSA website.

• A Guide to Applying for Subdivision
• Subdivision Application Form

  Subdivision planning within the Town of Grimshaw is guided by the MGA the Subdivision Authority Bylaw (which designates MMSA as the subdivision authority for the Town) the Subdivision and Development Regulation any applicable statutory plan and relevant non-statutory policies bylaws and standards.

Development and Subdivision Appeal
Decisions of the Development Authority and Subdivision Authority may be appealed to the Development Appeal Board the Mackenzie Intermunicipal Subdivision Appeal Board or the Municipal Government Board (MGB). The Town of Grimshaw’s Development Appeal Board deals with appeals regarding development permit decisions and stop orders issued by the Development Authority while the Mackenzie Intermunicipal Subdivision Appeal Board deals with Subdivision Authority decisions that are outside the jurisdiction of the MGB as per section 687(2) of the MGA. The MGB only hears subdivision appeals where the land that is the subject of the appeal is:

• within Alberta’s Green Area;
• adjacent to or contains a Body of Water; (‘Adjacent’ means contiguous or would be contiguous if not for a railway road utility right of way or reserve land).
• adjacent to or contains (either partially or wholly) land identified on the Listing of Historic Resources or public land set aside for use as historic resources.
• within the following distances:
• 1600 metres of a Provincial Highway;
• 450 metres of a Hazardous Waste Management Facility;
• 450 metres of the working area of an operating Landfill;
• 300 metres of the disposal area of any Landfill;
• 300 metres of a Waste Water Treatment Plant; or
• 300 metres of the working area of a Non-Hazardous Waste Storage Site.

The Town of Grimshaw’s Development Appeal Board the Mackenzie Intermunicipal Subdivision Appeal Board and the Municipal Government Board are impartial quasi-judicial bodies that make independent decisions on appeal cases before them strictly based on the evidence presented to them at a hearing and in accordance with the MGA other provincial legislation and the Town of Grimshaw.