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Land Use Bylaw No. 1064/LUO/2021 Public Hearing

Notice of Public Hearing – August 3, 2021

For the purpose of adopting an updated Land Use Bylaw

Pursuant to the Municipal Government Act, being Chapter M-26 of the Statutes of Alberta, notice is hereby given that the Council of Town of Fairview will hold a public hearing on August 3, 2021 at 7:00 pm prior to the second reading of Bylaw No. 1064/LUO/2021.

Bylaw No. 1064/LUO/2021 proposes to replace the current Land Use Bylaw No. 984/LUO/2012 with an updated Land Use Bylaw. The proposed Bylaw is scheduled for 1ST Reading by Council on July 6, 2021. Following are additional information about the Land Use Bylaw update and the public hearing process.   

The Land Use Bylaw

The Town of Fairview Land Use Bylaw serves as the “rule book” for the development within the Town.  The LUB regulates the development of land and buildings on a site-specific basis, based on the policy directions set by statutory plans. The LUB regulates how land can be used, including what uses are appropriate and where they can be located. The LUB aims to balance landowner’s rights with the interests of the community.

 

Why Does the LUB need to be updated?

The Land Use Bylaw is a dynamic document that must respond to changes in legislation as well address new trends and changes in the development landscape. The current Land Use Bylaw was adopted by Council in 2012. While several amendments have been passed over the years to ensure that the LUB remains relevant and current, several issues were identified by Administration that warranted a complete review and update of the document, rather than through individual amendments. The updated Land Use Bylaw No. 1064/LUO/2021 has been prepared with the assistance of the McKenzie Municipal Services Agency.

What changes have been made in the updated LUB?

Most of the content in the current LUB remain. However, the scope of changes made include the addition of new regulations, changes to some existing regulations, expansion of uses within the various land use districts, content restructuring and editorial changes aimed at ensuring clarity, consistency and relevancy of the LUB.

Some of the key changes in Bylaw No. 1064/LUO/2021 include:  

  • Compliance with all legislative changes to the Alberta Municipal Government Act;  
  • All amendments from 2012 to 2021, including rezoning of lands;
  • Allowing the Municipal Planning Commission (MPC) to grant greater variance where necessary without compromising safety and other standards;
  • Granting the Development Officer the authority to impose additional restrictions, where necessary, to prevent high intensity residential fires;
  • Having a use class definition for all uses of land allowed in the Town;
  • Allowing and regulating the use of sea cans on temporary and permanent basis, and for storage as well as for residential purposes;  
  • Expanding accessory dwellings to include secondary suites, garden suites and garage suites and putting in place appropriate regulations to facilitate the development of same;
  • Introducing new uses such as farmers market, solar farm, wind energy conversion systems, projecting signs, contractor services, agriculture sales and service, veterinary service, aquaculture facility, and other potential new uses consistent with the Town’s growth direction and regional role;
  • Removing all bicycle parking requirements;  
  • Redefining modular buildings as a form of construction and not a type of building, to expand the range of options for new residential, commercial and other developments; 
  • Replacing mobile home with manufactured home throughout the bylaw, to ensure consistency in language while minimizing confusion.  

The complete Bylaw No. 1064/LUO/2021 is attached to this notice. A copy of the Bylaw may be inspected at the Town Office during regular office hours.

How will the updated Land Use Bylaw Affect me?

The updated Land Use Bylaw No. 1064/LUO/2021 will not affect any existing development within the Town, unless you are expected to undertake new development. Furthermore, by expanding the range of uses of land within the Town, the updated LUB will make it easier for land owners and prospective developers to develop property without necessarily having to amend the Land Use Bylaw.

Feedback Before the Public Hearing

The updated Land Use Bylaw has been published on the Town’s website. A physical copy is also available for inspection at the Town Office.  This is to ensure that the public is given sufficient time to scrutinize the document and provide feedback before and outside of the more formalized public hearing scheduled for August 3, 2021. All Residents are encouraged to review the updated Land Use Bylaw and familiarize themselves with it before the Bylaw comes into effect. Comments, questions and suggestions may be sent to the Chief Administrative Officer (CAO) by email at cao@fairview.ca  or by phone at (780) 835-5461.  Where appropriate, Administration will incorporate useful feedback into the Bylaw prior to 1st reading. Otherwise, and if preferred, feedback may also be incorporated after the Public Hearing on August 3, 2021. 

Public Hearing Procedures

The public hearing will be held at the Town of Fairview Council Chambers in the Provincial Building on August 3, 2021 at 7:00 p.m. At the public hearing, the Bylaw will be presented and Council will hear any person or groups of persons acting on their behalf who claim to be affected by the proposed Bylaw. Council may also hear any other person who wishes to make a presentation and whom Council agrees to hear. Written submissions for the public hearing must be sent to the Municipal Secretary on or before 4:30 p.m., July 30, 2021.

Unless the Covid-19 restrictions are lifted, any person wishing to attend the public hearing would have to call in to the meeting via the Town Office contact number at (780) 835-5461, or by contacting the Municipal Secretary at the Town Office by 4.30 p.m., July 30, 2021 to book a place to attend the meeting in-person. If you have any questions regarding the hearing, please call the Chief Administrative Officer (CAO) at (780) 835-5461.