Development Permit Exemptions

 Developments not requiring a permit

Development Permit Exemption Request

 

Section 7.1 of Land Use Bylaw 2021-04 outlines the types of projects that do not require a Development Permit.  The following development does not require a Development Permit:

1. the carrying out of works of maintenance or repair to any building, provided that such works do not include interior or exterior renovations that change the use, area, density, height or yards of the development;

2. the completion of a development which was under construction in accordance with a lawful Development Permit issued at the effective date of this Bylaw provided that the development is completed within a period of 12 months from the date this Bylaw comes into effect, unless an extension to this period has been granted by the Development Authority;

3. the use of any such buildings as referred to in PART 7.1.2 for the purpose for which construction was commenced;

4. continuance of a use and/or development, provided the use and/or development do not change in any manner after a change of ownership or tenancy;

5. a non-conforming use and/or building may also be continued, but if that use is discontinued for a period of 6 consecutive months, any future use of the land or building must conform with this Bylaw;

6. the construction, completion, alteration, maintenance, or repair of a road, lane, public works, public services, or a public utility building or use carried out by or on behalf of federal, provincial and municipal public authorities on land which is publicly owned or controlled;

7. any municipal development carried out by or on behalf of the Town of St. Paul;

8. the construction completion, alteration, maintenance or repair of a road, lane, or utility, undertaken upon a public thoroughfare or utility easement, or undertaken to connect the same with any lawful use of buildings or land, or under;

9. the maintenance or repair of a driveway. Any new driveway or access shall be approved by Public Works Department in consultation with the Development Officer;

10. the maintenance of a gate or fence, subject to meeting all the requirements of this Bylaw;

11. the construction of retaining walls not exceeding 1 m in height;

12. the construction of towers, flag poles and other poles not exceeding 4.5 m in height, measured from grade, in all Land Use Districts except the Industrial (M) District;

13. the erection or placement of a temporary building, the sole purpose of which is incidental to the erection or alteration of a permanent building for which a Development Permit has been issued under this Bylaw, provided the temporary building is not used for residential purposes, sales office, show home or similar facilities, and is removed within 30 days of substantial completion or as determined by the Development Officer;

14. development within a basement which does not change or add to the uses within a dwelling;

15. an uncovered patio or deck, as defined in this Land Use Bylaw, in a Residential District that meets the required setbacks of this Bylaw and does not exceed 0.6 m in height;

16. awnings and canopies which do not project over a public road, setback or public property;

17. the demolition of structures including but not limited to sheds, fences, decks and dwellings in residential Districts;

18. boarding and foster care, provided that, in the opinion of the Development Authority, the facility is not a Boarding and Lodging House, a Day Home, a Child Care Facility, a Group Care Home or a Supportive Living Facility as defined by this Bylaw;

19. a Day Home in residential Districts;

20. extensive agriculture on lots 8.08 ha or more in area in the Controlled Urban Development (CUD) District;

21. in a Residential District, the harboring, keeping or owning of up to 3 domestic cats and 3 domestic dogs in accordance with the Cat Control Bylaw and the Dog Control Bylaw respectively, and/or up to 5 other household pets, including rabbits, guinea pigs and similar rodents;

22. television satellite dishes located in rear or side yards, or any less than 0.6 m in diameter;

23. the installation of household solar power equipment in residential Districts, provided the following conditions are met: a. the installation is to be used for personal household purposes only; b. the solar equipment must be mounted on the roof of an approved building, provided it meets the minimum setbacks, lot coverage and building height requirements in the applicable Land Use District; c. the addition of any accessory building in conjunction with the array (whether for mounting, battery storage or similar purposes) shall meet the applicable regulations for an accessory building in this Bylaw; and d. all other applicable regulations of this Bylaw are met.

24. temporary storage of up to 2 recreational vehicles in Residential Districts provided that all other regulations in PART 5.28 are met;

25. the construction and maintenance of public utilities, road infrastructure and utilities associated with a principal residential use of land, not including a waste transfer station, landfill, wireless tower facility or municipal sewage lagoon;

26. the construction and maintenance of a road, constructed in accordance with the Town of St. Paul Municipal Servicing Standards;

27. a single storey accessory building with a floor area not more than 10.0 m2 and a height not more than 2.4 m, provided that the accessory building satisfies the setback requirements for accessory buildings in the District in which it is located. If the accessory building is larger than 10.0 m2 or is an intermodal storage container, then a Development Permit is required;

28. landscaping where the proposed grades will not adversely affect the subject or adjacent parcels of land, including the hard surfacing of part of a lot to provide vehicular access from a road to an attached or detached garage or carport;

29. the construction or installation of pergolas, trellises and arbours;

30. painting, decorating, repairs and non-structural alterations, provided that the development does not result in a change of use or intensity of use and meets all other applicable legislation, regulations., and/or standards;

31. all private swimming pools or hot tubs, subject to meeting the applicable setbacks of the District in which they are located, and the regulations contained in Section 8.26 of the Alberta Building Code;

32. murals or similar public art, providing that no advertising is included, or any content which may contain intolerance, hatred, or ridicule of any race, religion or other segment of society, or which otherwise would not comply with the requirements set out in the Canadian Code of Advertising;

33. the storage or use of up to 43.5 kg of propane on a residential parcel for residential use. Storage tanks shall be less than 15.9 kg. The storage of more than 43.3 kg of propane on a residential parcel or any tank greater than 15.9 kg requires a Development Permit;

34. the demolition or removal of any building or structure for which erection a Development Permit would not be required;

35. municipally sanctioned special events held on municipal property;

36. the use of a building or a site for a maximum of 12 months resulting from, and directly related to, the declaration of a state of local emergency (declared by Council), provided the use is a listed use in the Land Use District;

37. the re-location of a mobile business (food truck or sale of goods or otherwise). Written permission from the owner of a public or private property must be obtained prior to the Town of St. Paul issuing a business license. For mobile units within a roadway, consent must be first obtained from Council;

38.  those uses and developments exempted under Section 618 of the Municipal Government Act (MGA);

39.  the placement of a sign pursuant to PART 6.1: SIGN REGULATIONS. 

Compliance with the Land Use Bylaw (LUB) 2021-04

When preparing for any project noted above, please ensure you read and under the regulations in the LUB. Being exempt from applying for a Development Permit DOES NOT mean you are exempt from complying with the LUB. 

Please ask staff to point you in the right direction to ensure you are aware and understand the regulations under the LUB.