Bylaw test

Permitted Uses That Meet All Requirements

28 1 Where a development permit application is for a permitted use in a building or on a parcel and the proposed development conforms to all of the applicable requirements and rules of this Bylaw, the Development Authority must approve the application and issue the development permit.

2 The Development Authority may, as a condition of issuing a development permit for a permitted use, require the applicant to construct or pay for the construction of the following that are necessary to serve the development:

a public utilities, other than telecommunications systems or works; and

b vehicular and pedestrian access.

3 The Development Authority may, as a condition of issuing a development permit for a permitted use, impose conditions in respect of the following matters:

44P2013

a an environmental site assessment; and

b phasing of the development.

4 The Development Authority may, as a condition of issuing a development permit for a permitted use, require the applicant to enter into an agreement with the City to do any or all of the following:

a to construct or pay for the construction of a public thoroughfare required to give access to the development;

b to construct or pay for the construction of:

i a pedestrian walkway system to serve the development; or

ii pedestrian walkways to connect the pedestrian walkway system serving the development with a pedestrian walkway system that serves or is proposed to serve an adjacent development; or

iii both (i) and (ii);

c to install or pay for installation of public utilities, other than telecommunications systems or works, that are necessary to serve the development;

d to construct or pay for the construction of:

i off-street or other parking facilities; and

ii loading and unloading facilities.

e to pay an off-site levy or redevelopment levy; and

f to give security to ensure that the terms of the agreement under this section are carried out.

5 Where a development is located in the floodway, flood fringe or overland flow area, the Development Authority may, as a condition of issuing the development permit, require building or site design measures to mitigate the potential impact or obstruction of floodwaters.

5P2013

6 Where a development permit application for a permitted use does not show that the development conforms to all of the applicable requirements and rules of this Bylaw, the Development Authority may, as a condition of issuing the development permit, require that the applicant amend specific elements of the plans to conform with the applicable requirements.

5P2013

6.1 The Development Authority may, as a condition of issuing a development permit for a permitted use on a parcel adjacent to a freight rail corridor:

51P2018

a require additional information as necessary to mitigate the impact of a potential train derailment and noise impact associated with freight rail operations; and

b require the mitigations identified in subsection (a) to be incorporated into the development for the life of the development.

7 The Development Authority may require the fulfillment of the conditions referred to in this section before releasing the development permit.

5P2013