Under the Planning & Development Act, 2007, a municipality with a Zoning Bylaw is required to have a Development Appeals Board. The Board’s purpose is to resolve disagreements about the administration of the Zoning Bylaw under the Act. It may also deal with orders issued under the Municipalities Act.
Examples of issues which can be appealed to the local development appeals board, would include:
- The misapplication of the Zoning Bylaw in the approval of a development permit.
- The refusal of a development permit as it contravenes the Zoning Bylaw.
- Certain development standards or conditions on an approved discretionary use.
- The refusal of a minor variance.
- An order to repair or correct contraventions under a Nuisance Bylaw and/or Zoning Bylaw.
Examples of issues which can NOT be appealed to the local development appeals board, would include:
- A refusal issued due to contravention of the Zoning Bylaw land use.
- A refused discretionary development permit.
- A refusal to amend the Zoning Bylaw or to re-zone lands.
If an applicant is wishing to appeal the application must be sent to the Secretary of the Development Appeals Board, along with a $300 application fee, within:
- 30 days of the Development Officer’s decision being issued;
- 30 days of the failure of a Council to make a decision;
- 30 days of receiving a permit with terms or conditions; or
- 15 days when appealing an order being served to repair or correct contraventions.
After an application has been made, a public meeting will be scheduled within 30 days of receiving the application and notices will be sent to all property owners within a 75 metre radius of the affected property.
Pursuant to Section 221 of The Act, the Development Appeals Board is bound by any Official Community Plan in effect; must ensure that its decisions conform with the uses of land, intensify of the use and density of the development in the Zoning Bylaw; must ensure that its decisions are consistent with any provincial land use policies and statements of provincial interests; and may subject to the above; conform, revoke, or vary the approval, decision or condition that it considers advisable if the action would NOT:
- Grant a special privilege inconsistent with the restrictions on the neighbouring properties in the same zone;
- Amount to a relaxation so as to defeat the intent of the Zoning Bylaw; or
- Injuriously affect the neighbouring properties.
The Development Appeals Board must make their decision within 30 days of the public meeting. In making the decision, the board shall confirm, revoke, or vary the decision of the Development Officer, Council or an approving authority, including any conditions attached to the decision.
The decision is then rendered; however does not take effect for 30 days from the date of the decision and further has no effect in an appeal made to the Saskatchewan Municipal Board. Within 20 days of receiving a copy of the decision, any party receiving the copy may send another written notice of appeal, and a $50 filing fee to the Planning Committee of the Saskatchewan Municipal Board.
For more information, contact the Planning Department at (306) 848-3225.