Bylaw test

Applications the Development Authority Must Refuse

40 The Development Authority must refuse a development permit application when the proposed development:

a is for a use that is not listed as either a permitted or discretionary use in the governing land use district;

b is for a use containing a restriction in its definition that is not met by the proposed use;

c exceeds any of the following requirements where they are specified on a Land Use District Map except where a development exceeds the following requirements because a portion of the parcel was acquired by the City for a municipal purpose in accordance with section 27.1:

39P2010, 50P2017

i maximum floor area ratio; and

ii maximum units per hectare;

c.1 exceeds the maximum building height when specified on a Land Use District Map except where portions of the building exceed the maximum building height due to:

39P2010

i grade variations within the parcel;

ii design elements of the building that extend above the eaveline where there is no usable floor area associated with the element;

d does not meet the minimum area requirement to accommodate commercial multi-residential uses in the M-X1 and M-X2 Districts unless the parcel is located in the Developing Area and was designated M-X1 or M-X2 prior to 2010 November 25;

7P2011, 30P2011, 44P2013

e is for either a Contextual Semi-detached Dwelling, Contextual Single Detached Dwelling or a Multi-Residential Development — Minor, and does not comply with all the requirements and rules of this Bylaw;

27P2011, 30P2011, 44P2013

f is for any sign containing a digital display that would display copy shown on the digital display using full motion video, or otherwise gives the appearance of animation or movement;

30P2011, 4P2013, 44P2013, 13P2015

g is not adequately serviced by infrastructure referenced in Section 129.1;

44P2013, 13P2015, 43P2015

h is for a Liquor Store in any district, other than the C-R2, C-R3 and CR20-C20/R20 Districts, that requires more than a 10 per cent relaxation of a minimum separation distance specified in subsections 225(d) or 225(e), except where the development permit is for:

13P2015, 43P2015, 27P2016

i the expansion or alteration of an existing approved Liquor Store or renewal of approval of a previously approved development permit for a Liquor Store; or

ii an existing approved Liquor Store that proposes to move to a new location not within a minimum separation distance specified in subsections 225(d) or 225(e), excluding the distance from the original location of the existing approved Liquor Store;

i is for a Pawn Shop:

43P2015

i within 200 metres of another existing approved Pawn Shop where the development permit is for the expansion or alteration of an existing approved Pawn Shop or renewal of a previously approved development permit for a Pawn Shop; or

ii in all other cases, where a Pawn Shop is located within 90 per cent of a minimum separation distance specified in subsection 254(c.1);

25P2018

j is for a Payday Loan located within 90 per cent of a minimum separation distance specified in subsection 254.1(c);

25P2018

k is for a Cannabis Store located within 90 per cent of a minimum separation distance specified in subsection 160.3(i); or

25P2018

l is for a Sign — Class F pedestrian scaled third party advertising or a Sign — Class G pedestrian scaled third party advertising:

40P2018

i higher than the sign heights indicated in subsection 13(103.1);

ii has a sign area larger than indicated in subsection 13(103.1); or

iii is located closer to a Freestanding Sign or another Third Party Advertising Sign, or Digital Third Party Advertising Sign than is indicated in subsection 13(103.1).