Land Use Bylaw Amendment Process

A member of the public can apply to amend the Land Use Bylaw.

An application form must be submitted when applying to amend the Land Use Bylaw: Land Use Bylaw Amendment Application Form (pdf)

You may drop off your application at the Planning department front counter located on the third floor of City Hall – 4914 48 Avenue, Red Deer, Alberta, T4N 3T4. If you have any questions regarding amendments to the Land Use Bylaw, you may contact the Planning department.

Once an application to amend the Land Use Bylaw is received, the Planning department will review the material to ensure the application is complete and accurate. The Planning Department will notify the applicant that the application has been received and may request additional information if required. An application will not be processed if it is deemed incomplete.

The Planning department will review the application against any relevant statutory plans, regulations, and applicable planning tools. In addition, your application will be circulated to all relevant City departments for comment.

If the Planning department determines that a public meeting or other means of public consultation is required, all property owners located within 100 m of the boundary of the site, which is subject to the Land Use Bylaw amendment, will receive notice of the proposed amendment. The applicant is responsible for any costs associated with a public open house or public meeting.

Once all comments have been received, the Planning department will write a report for Council outlining the proposed amendment, the written comments received, and the Planning Department’s recommendation. The City Manager will also provide a recommendation on the proposed Land Use Bylaw amendment. The Planning Department will advise the applicant of the date and time that Council will consider the application.

A Land Use Bylaw amendment requires three readings by Council and a public hearing. At the first Council meeting, Council will consider first reading of the Land Use Bylaw amendment. Council may choose to give first reading to the amendment, or table or deny the amendment based on the details presented. If Council does not give first reading to the Land Use Bylaw amendment, the process stops.

If Council gives first reading to the amendment, The City of Red Deer is obligated to advertise the proposed Land Use Bylaw amendment for two consecutive weeks. A public hearing is advertised and held during a Council meeting four weeks later, at 6:00 p.m. during Council's regular meeting. A public hearing is the opportunity for the applicant and members of the public to speak for or against the proposed Land Use Bylaw amendment. Please refer to the Procedure Bylaw 3358/2006 (pdf) for information on presenting to Council. Presentation times are limited to 10 minutes. After the public hearing, Council will consider second and third reading of the amendment.

Costs

There is a cost associated with the application, detailed here: Planning Department Fees (pdf)  The applicant will also be responsible for the public hearing advertising costs. An estimate of the cost is approximately $700. Planning fees and advertising costs are non-refundable whether or not the amendment is approved or denied.

Timelines 

Unfortunately, it’s hard to estimate an exact timeline for processing Land Use Bylaw amendments. Timelines vary based on a number of factors including the complexity of the application, unforeseen issues, need for more study, or negative public feedback. .An application proposing to change the land use district (zone) for a parcel of land that conforms to an adopted plan, such as a neighbourhood area structure plan, may take a minimum of 3 to 4 months to complete. Any application that proposes something other than what an adopted plan identifies, or if there is no guiding neighbourhood area structure plan, typically takes longer to process, and  can take anywhere from 5 to 12 months.

When an application to change the land use district (zone) of a parcel of land has been refused by Council, another application for a similar change in land use designation for the same parcel of land may not be made until at least six months after the date of refusal.

The Planning department will strive to keep the applicant informed as the process moves forward.