The Alberta Municipal Government Act (MGA) defines legislative requirements for planning and development. The Act states that every municipality is required to have an active Land Use Bylaw (LUB) to ensure proper and orderly development. All development must compliment other local, regional and provincial plans.
The Development Officer for the Village of Milo is the Chief Administrative Officer. Please contact the Village Office to discuss all prospective development.
While the Development Officer can approve all “Permitted Use” applications, they retain the right to refer ANY application to the Municipal Planning Commission (MPC) for decision. The Municipal Planning Commission (MPC) is appointed by the Village Council, consisting of two members of the Village Council and a Member-at-Large. This body will review and decide upon all “Discretionary Use” applications, as well as permit and determine any context specific “waivers” of standards that are otherwise required.
Decisions of the Municipal Planning Commission can be appealed to the Chinook Subdivision Development Appeal Board (SDAB) by the applicant, by adjacent landowners or other interested parties. This avenue of appeal is established under Bylaw 405-19 which can be found under the bylaw section. As a last resort, application can be made to the courts to overturn the decision of any Subdivision Development Appeal Board which, in this case, would be a lawsuit against the Village of Milo once the Chinook SDAB has rendered a decision.
The Village of Milo is a member-municipality of the Oldman River Regional Services Commission (ORRSC). This means that the village is a shareholder and part owner of this organization and, as such, appoints a representative to their Board of Directors. The services of this commission are necessary for compliance with governing legislation and a planner is assigned to Milo to act on the village’s behalf. Over and above direct planning advice and direction, ORRSC also provides Milo with a Geographic Information System (GIS), an Assessment Complaint Review Board, as well as managing the Chinook Subdivision Development Appeal Board.
More information on the services provided to Milo by ORRSC can be found HERE, along with the contact information for Milo’s Planner.
All building, electrical, gas, plumbing, private sewage disposal and petroleum tank projects that fall under the Safety Codes Act, must meet the requirements of the provincial law.
Primary responsibility for safety codes compliance rests with the owner of the building or installation in question.
When a permit is required:
The Safety Codes Act requires you have appropriate permit(s) before:
- selling
- constructing
- controlling
- operating
- supervising
- undertaking any process or activity
What permits provide:
You can expect the following once you have obtained a permit:
- access to expert advice before costly mistakes are made
- record of having done your due diligence to comply with the codes and standards
- informs the jurisdiction with the responsibility for administering the Safety Codes Act that the project is taking place
- additional oversight at the early stages of a project through services such as plans or design review
- an inspection by a trained and certified safety codes officer
A development permit approves the use of a site, as well as the size and location of any buildings or structures. Development permit approvals must be obtained for new construction, renovations, businesses, and changes of use to existing buildings. A development permit is written approval from the Village that confirms your plans meet requirements of the LUB.
Step 1: Prepare a Development Permit application – fill out the application in its entirety. Regularly refer to the LUB to ensure the development meets all requirements (ie. use, parking, landscaping, drainage, etc.).
Step 2: Submit the completed Development Permit Application along with the respective application fees to the Village Office
Step 3: Familiarize yourself with additional Superior Safety Codes permit disciples (building, plumbing, electrical, gas, etc.)
Step 4: Once the Development Permit application has been approved in writing, complete additional Safety Codes permit disciplines necessary for your development. To apply for additional permits, a development permit number is required. The development permit number can be located on the top of the approved development permit application.
Step 5: Submit the completed Safety Codes permit disciplines to Superior Safety Codes along with the respective application fees.
Step 6: Wait for permit discipline approval. Once approved, you are permitted to begin construction.
What is a Land Use Bylaw (LUB)?
- The LUB establishes rules and regulations for land development.
- The LUB establishes procedures that enable the Development Authority to make decisions about development permit applications within the Village of Milo.
- The LUB includes a variety of land use districts (commonly referred to as zones). Districts are intended to regulate land use and building use to ensure it is compatible with adjacent lands. For example, land use districts would not permit industrial development within a residential neighbourhood. Examples of land use districts in Legal include, R1a – Residential District, C1 – Downtown Commercial District, or the M1 - Industrial District.
- Each land use district (zone) has certain land uses that are permitted outright, others are conditional upon approval, and some are prohibited. Examples of land uses include a detached dwelling, merchandise sale, a restaurant, or manufacturing.
How does the LUB impact me?
- If you are planning to construct a building, start a business, change land use (zone), undertake renovations or redevelopment, erect a sign, or establish a secondary suite, the LUB will provide direction on the applicable rules and regulations you will need to consider.
- Refer to the LUB zoning map to find out your property’s zone. A zone map is included in the Village’s LUB. Remember, each land use district includes specific rules and regulations governing how the land can be used and what can be built.
How do I know where to find the information I need under the LUB?
- Each part of the LUB is separated into different sections. The Table of Contents can be used for easy reference.
What regulations does the LUB contain? A sample is outlined below:
- Accessory building (e.g. garage or shed) height, size, placement, exterior design, etc.
- Land use district for a parcel of land (e.g. residential, commercial, and industrial).
- Main building type, size, placement, height, elevation design, etc.
- Parking and landscaping requirements.
- Permitted and discretionary uses (e.g. residence, business, recreation, park, etc.).
- Applications which are exempt from requiring a development permit application.
- Sign and fence regulations.
What if I am unable to meet one of the regulations?
- Applicants can apply for a variance on development permit applications. However, applicants cannot apply for a use that is neither classified as a permitted use or discretionary use in the applicable land use district. In addition, applicants cannot apply for a variance for a use that has been prohibited in the LUB.
- Depending on the variance requested, the application may be considered by the Development Authority or by the Municipal Planning Commission.
- Applicants have the opportunity to apply for a Land Use Bylaw amendment in which you could request to change a specific regulation, land use, or the land use district for a specific parcel of land.
What is a permitted use and does it require a development permit?
- A permitted use means a land use that is allowed under a land use district.
- Permitted Uses are listed under each respective land use district.
- Permitted uses vary between each land use district.
- Yes, permitted uses require a development permit. This ensures conformance to the LUB.
- The Development Authority or Municipal Planning Commission must approve an application for a permitted use which complies with the LUB. However, conditions may be applied to the permit.
What is a discretionary use?
- In simple terms, discretionary use means a land use, building, or other structure that may be allowed by the Development Authority after due consideration is given to the impact of that use upon neighbouring land.
- Discretionary uses are listed under each land use district.
- Discretionary uses vary between each land use district.
- A Development Authority may approve the discretionary use application with or without conditions. They may also refuse the application while providing reasons, or refer the application to the Municipal Planning Commission who may approve or deny the application.
The Village of Milo LUB can be found by clicking HERE.
Permits are available through municipalities that are accredited to administer the Safety Codes Act, and agencies that provide inspection services on behalf of the province in non-accredited municipalities. To find more information on where to get a permit, visit the permitting section on the Safety Code Council website.
For more information about permits, visit the Safety Codes Council website.