Development Permits and Applications for Development Permits
A development permit is a document issued under the Land Use Bylaw that approves a development.
It is always best to assume that a development permit is required in order to engage in any activity that comes under the definition of development (See "The Difference Between Subdivision and Development" under the "Development of Land").
Section 4.1 of Foothills County Land Use Bylaw states that:
Except as provided in Section 4.2.0 of this Bylaw, no person shall undertake any development unless a development permit has been issued and the development proceeds in accordance with the terms and conditions of the development permit issued in respect of the development...
Section 4.2 of the Land Use ByLaw outlines those development activities for which a development permit is NOT required.
Development Permit Applications
Applications for a development permit shall be accompanied by the following information:
- Applicable fees - The current Foothills County Fee Schedule is online in the Resource Library.
- A site plan with North at the top of the page showing:
- the entire parcel and any other land that may be used in conjunction with the parcel for the proposed use. If additional lands are owned by others, must include names and signed consent for proposed development;
- the legal land description;
- dimensions of the parcel;
- existing or proposed setbacks, easements or right of ways;
- the location of all existing and proposed buildings, wells, septic tanks, disposal fields, dugouts, lagoons, culverts and crossings that may be used in conjunction with proposed development;
- the height, dimensions and relationship to property lines of all existing and proposed buildings and structures including retaining walls, corrals, trees, landscaping, curbs, gutters, sidewalks and other built physical features;
- any significant natural features on or adjacent to the parcel
- Statements to fully describe the intensity of the development proposed:
- Full description of any proposed business, including what it is, how it operates and the number of people to be employed;
- product or service proposed if applicable;
- For products estimated amount that will be produced:
- Method of distribution
- Type and frequency of truck traffic to and from the site;
- Number of daily site visits by non-residents of the parcel;
- Proposed days and hours of operation of proposed development;
- Storage area required for materials or finished product and provisions for screening;
- If a proposed agricultural operation, number and type of trees, vegetable or animals to be produced or reared;
- The number of events and/or clinics proposed to be held annually, if any, including a detailed description of any such proposed events and/or clinics;
- Proposed maximum number of occupants of any building involved in the development at any one time.
- Description of provisions for utilities and servicing including:
- Water -proposed source, treatment, delivery method, storage and how much water will be required for development daily, weekly or monthly. Note - Engineering feasibility studies on water supply and treatment methods may be required;
- Wastewater - proposed collection system and treatment method. Note - Engineering feasibility studies may be required;
- Natural Gas;
- Stormwater management / drainage;
- Approaches or site access;
- Curbs, gutters and ditches;
- Solid waste management, including garbage and refuse storage areas, as well as the fencing and screening proposed for same and methods of disposal;
- Description of any grading, land contouring or landscaping to be done
- Detailed contour map or profiles and cross-sections describing the original ground level, the finished grade elevation, the proposed depth of any excavation, the elevation of the water table as well as the depth of overburden. Note: Overburden refers to all soil and ancillary material above the bedrock horizon in a given area;
- Provisions for parking and loading
- Descriptions of any noxious, toxic, radioactive, flammable, or explosive materials proposed;
- Methods of controlling noise, dust, odors or drainage from the Lot, both during and after completion of construction;
- Description of landscaping proposed for the site (ie: vegetation, fencing) and any irrigation requirements;
- Description of any proposed signage and /or business identification including illustrations and dimensions.
Change in Use or Intensity Applications
A Change of Use or Intensity Permit may be obtained to occupy a site where a Multiple Potential Use Development Permit is in place in Foothills County.
A Change in Use or Intensity Permit shall not be issued until the property, the building, or portion of the property or building that will house the proposed use has passed a safety codes inspection to the satisfaction of the Safety Codes Officer and passed a fire inspection to the satisfaction of the Foothills Fire Department.
If alterations to the building are contemplated to accommodate a new use or intensity of use, or changes are required as a result of the safety codes inspection or fire inspection, appropriate permits (building, gas, plumbing, electrical) shall be obtained. A Change in Use or Intensity Permit shall not be issued until construction is complete and all permits are closed.
THE APPROVAL OF A CHANGE IN USE OR INTENSITY PERMIT WILL REQUIRE:
- Development Officer Review of Multiple Potential Use Development Permit and Change in Use or Intensity Permit application to ensure:
- Application is complete and all information and fees submitted;
- Multiple use development permit is in good standing and all conditions met;
- The proposed use is contemplated under the existing development permit;
- No variances to the Land Use Bylaw required to accommodate development;
- All applicable building and safety codes permits have been closed.
- Internal Circulation:
- Building and Safety Codes Department;
- Building/Safety Codes Inspection of the site, building or portion of a building.
- Fire Department (Fire Inspector)
- Other applicable referrals required based on proposed use;
Note: This division will report back any requirements, new construction, or alterations required to accommodate the new use, note all appropriate building permits, plumbing, electrical, and gas permits necessary, specify all outstanding requirements, permits and fees, and notify of inspections completed and permits closed prior to Change of Use or Intensity permit being granted.
- Confirmation that all Building, Safety Code, and Fire permits and inspections are completed, and permits are closed;
- Confirmation of current Business license application;
- Building and Safety Codes Department;
An application for a Change in Use or Intensity Permit shall be accompanied by the following information:
- Applicable fees for Change in Use or Intensity Permit and Safety Codes inspection fee as outlined in the Foothills County Fee Schedule (online in the Resource Library) ;
- A completed Change in Use or Intensity Permit Application form;
- A Landowner/Applicant declaration that the proposed use complies with all conditions of the existing development permit; and
- A description of the proposed use, with sufficient detail that a development officer can verify that the use is in compliance with the existing Multiple Potential Use Development Permit.
- An application for a Foothills County business license.