Development Permits & Applications

Individuals may seek a minor variance from the Board of Variance, a citizen led committee that has the authority to consider applications from individuals who claim that compliance with land use and building bylaws and legislation would cause the individual a “hardship”. A Hardship is defined as a significant circumstance that results from aspects of the site (e.g. a steep slope that makes a portion of the site unsuitable for development), as opposed to hardships generated by the site owner (e.g. existing improvements made on a site make future improvements difficult or impossible to meet local regulations). Hardships cannot conflict with matters such as Land Title Act covenants, permits or land use contracts or floodplain bylaw specifications.

A decision made by the Board of Variance is final. However, an appeal may be made to the Supreme Court in instances where it is alleged that the building inspector is in error in determining the extent of damage preventing reconstruction as a non-conforming use.

What are the steps involved?

1. Set up an appointment with the District Staff to discuss the type of variance you are seeking. Staff will let you know which documents, plans, reports, studies, and fees you will need to include in your application.
2. Submit a completed Board of Variance Application Form to the District of Mackenzie.
3. Pay the $300 Application Fee.
4. District staff will notify the applicant and neighbouring properties of the Board of Variance Hearing date, time, and location.
5. District Staff will complete a technical review of the application.
6. The Board of Variance Hearing will take place and a decision will be made.

Property owners may seek Development Variance Permits (DVPs) to seek an easement from specific requirements or provisions of the District’s Zoning Bylaw, Subdivision and Servicing Bylaw and Sign Regulation Bylaw. DVPs cannot be used to change or modify the use or density of a property.

DVPs are approved through a Council resolution, registered against the title of the property and may be processed concurrently with rezoning, subdivision and development permit applications.

When is a Development Variance Permit necessary?

They are most commonly acquired for:

• Varying a maximum building height;
• Varying minimum setbacks from a property line;
• Reducing the off-street parking requirements of a development.

What are the Steps Involved?

1. Visit the District Office and discuss your intended temporary use with staff. Staff will let you know which documents, plans, reports, studies, and fees you will need to include in your application.
2. Submit a completed Development Variance Permit Application Form to the District of Mackenzie.
3. Pay the $300 Application Fee.
4. District Staff will complete a technical review of the application and submit a draft permit and recommendation to Council for consideration. Council will either approve or deny staff to proceed with the application process. If denied, the applicant must wait six months to reapply.
5. If approved, District staff will notify the applicant, neighbouring properties, and relevant agencies of the proposed permit.
6. Staff will prepare a report and recommendation, for Council’s final approval, based on the staff review as well as the neighbouring property and agency input.
7. If approved, a permit will be awarded. If denied, the applicant must wait six months to re-apply.

Official Community Plans (OCPs) are legally required bylaws that set the long term vision for future growth and development of a community. This includes identifying the future uses of lands within the District’s boundaries by classifying all lands with Land Use Designations. Future rezonings and other development procedures must be consistent with the OCP Land Use Designations.

When is an Official Community Plan Amendment necessary?

The majority of OCP amendment applications seek to change the Land Use Designation of a property to accommodate a needed rezoning. When a proposed rezoning or land use is not consistent with the future land use designation of the OCP, an application must be made to change the designation of the property. This enables proposed rezonings and land uses to conform to the OCP. OCP amendment applications often run concurrently with zoning amendment (rezoning) applications.

What are the Steps Involved?

1. Set up an appointment with the District Staff to discuss the type of variance you are seeking. Staff will let you know which documents, plans, reports, studies, and fees you will need to include in your application.
2. Submit a completed Official Community Plan Amendment Application Form to the District of Mackenzie.
3. Pay the $500 Application Fee.
4. District Staff will complete a technical review of the application and submit a draft Official Community Plan Amendment Bylaw and recommendation for Council’s consideration. Council will either approve or they will deny staff to proceed with the amendment process. If denied, the applicant must wait six months to reapply.
5. If approved, District staff will notify the applicant, public, and relevant agencies of the proposed Amendment Bylaw and the date of a public hearing.
6. A public hearing will be held to allow the public opportunity to provide comment. It is highly recommended that the applicant attend the meeting in order to answer any potential questions from Council.
7. Staff will prepare a report and recommendation, for Council’s final approval, based on staff review as well as public and agency input. A final draft of the Amendment Bylaw will be put forward for Council’s consideration.
8. Following the public hearing, Council will consider adopting the amendment bylaw. If adopted, the amendment is officially approved and the applicant can move forward with their development process. If denied, the applicant must wait six months to re-apply.

Every property in the District of Mackenzie has a zoning classification. This classification, or zone, regulates the uses of a property and required building setbacks, heights and coverages allowed. The purpose of zoning is to ensure certain types of land are located in appropriate areas and do not conflict with neighbouring properties.

Zoning Bylaw No. 1368

Zoning Maps - Schedule A (overview), Schedule B (townsite)

When is a Rezoning Application necessary?

Rezoning is the process of changing the zoning classification of a property to allow a use that was not permitted under the existing zoning. Before any development takes place on a property, whether it’s the construction of a new building or changing the activities that occur on a property, you should consult the zoning regulations for that property to ensure development conforms to the zoning in place. If the proposed development does not conform to the zoning, the property owner or applicant of the property owner will have to apply to the District of Mackenzie for a rezoning to change the zoning classification of the property. This requires Council approval.

What are the Steps Involved?

1. Set up an appointment with the District Staff to discuss the type of variance you are seeking. Staff will let you know which documents, plans, reports, studies, and fees you will need to include in your application.
2. Submit a completed Rezoning Application Form to the District of Mackenzie.
3. Pay the $500 Application Fee.
4. District Staff will complete a technical review of the application and submit a draft Official Community Plan Amendment Bylaw and recommendation for Council’s consideration. Council will either approve or they will deny staff to proceed with the amendment process. If denied, the applicant must wait six months to reapply.
5. If approved, District staff will notify the applicant, public, and relevant agencies of the proposed Amendment Bylaw and the date of a public hearing.
6. A public hearing will be held to allow the public opportunity to provide comment. It is highly recommended that the applicant attend the meeting in order to answer any potential questions from Council.
7. Staff will prepare a report and recommendation, for Council’s final approval, based on staff review as well as public and agency input. A final draft of the Amendment Bylaw will be put forward for Council’s consideration.
8. Following the public hearing, Council will consider adoption the amendment bylaw. If adopted, the amendment is officially approved and the applicant can move forward with their development process. If denied, the applicant must wait six months to re-apply.

In general terms, the purpose of subdivision is to divide a single parcel of land into 2 or more parcels for the intent of creating additional properties. This includes fee-simple subdivision and bare land strata subdivision. Bare land strata subdivision is subdivision to create strata lots within one parcel of land where owners have joint ownership over the common lands and individual ownership of strata lots.

Subdivision can be as simple as adjusting a lot line with your neighbour or creating many new parcels from a large ‘parent parcel’. The District recognizes that some subdivisions are relatively simple, while others are more complex and require significant time and resources to assess. To address this, the District has created two classes of subdivision with individual steps for each class. This ensures that more simple subdivision applications receive an expedited assessment process, while more complex subdivision applications undergo a more detailed assessment process.

 - Class 1 Subdivision -

Subdivision within the R1, R2, or R3 Zones:

• Creates no more than three parcels;
• All parcels must be located adjacent to and front on to an existing road maintained by the District;
• No parcels can be land-locked after subdivision.

Subdivision within the A, A2, RR1, and RR2 Zones:

• Creates no more than five parcels;
• All parcels must be located adjacent to and front on to an existing road maintained by the District;
• No parcels can be land-locked after subdivision.

 - Class 2 Subdivision -

• All subdivision within the District that do not meet the requirements of a Class 1 Subdivision.
• Includes all bare land strata subdivision applications.

When is a Rezoning Application required with my Subdivision Application?

Rezoning is the process of changing the zoning classification of a property. Every property in the District of Mackenzie has a Zone assigned to it that stipulates the minimum parcel size, required frontage and other provisions required for a new subdivided parcel. Sometimes a proposed subdivision does not conform to the zoning requirements that exist for a parcel. In these instances, the subdivision applicant will need to apply for a rezoning to change the zoning classification for the property. This requires a separate process that must be approved by Council.

What are the Steps Involved for a Class 1 or 2 Subdivision Application?

1. Set up an appointment with the District Staff to discuss the type of subdivision you are seeking to create. Staff will let you know which application process you will have to follow and the documents, plans, reports, studies, and fees you will need to include in your application.
2. Submit a completed Class 1 Subdivision Application or a Class 2 Subdivision Application to the District of Mackenzie.
3. Pay the $250 (plus $50 per parcel created) Application Fee.
4. Work with District staff and follow the approval process required for your application category.

The District of Mackenzie may, through either the Zoning Bylaw or Official Community Plan (OCP), designate areas where temporary uses may be allowed and the general conditions regarding the issuance of temporary use permits in those areas. Temporary use permits may be issued by the District through a Council resolution to do one or more of the following:

• Allow a use on a parcel not permitted by the District’s Zoning Bylaw;
• Specify conditions under which the temporary use may be carried on;
• Allow and regulate the construction of buildings or structures with respect to the use for which the permit is issued.

Temporary Use permits may last up to three years and be renewed only one time.

When is a Temporary Use Permit Necessary?

Temporary use permits are necessary when a proposed land use is temporary in nature and not permitted under the existing zoning regulations given for a specific parcel. Rather than seek a rezoning to change the zoning of a parcel, temporary use permits enable non-conforming temporary uses of a parcel.

When are the Steps Involved?

1. Visit the District Office and discuss your intended temporary use with staff. Staff will let you know which documents, plans, reports, studies, and fees you will need to include in your application.
2. Submit a completed Temporary Use Permit Application Form to the District of Mackenzie.
3. Pay the $500 Application Fee.
4. District Staff will complete a technical review of the application and submit a draft permit and recommendation to Council for consideration. Council will either approve or deny staff to proceed with the application process. If denied, the applicant must wait six months to reapply.
5. If approved, District staff will notify the applicant, public, and relevant agencies of the proposed permit.
6. Staff will prepare a report and recommendation, for Council’s final approval, based on staff review and public and agency input.
7. If approved, a permit will be awarded. If denied, the applicant must wait six months to re-apply.