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Land Use & PlanningABMEDIUM

In Alberta, what is the difference between a 'permitted use' and a 'discretionary use' under a land use bylaw?

Correct Answer

A) A permitted use must be approved if it meets every bylaw requirement; a discretionary use may be approved or refused

Under Alberta's Municipal Government Act, a permitted use must be approved by the development authority if the application meets all the requirements of the land use bylaw. A discretionary use may be approved or refused by the development authority, who has discretion to evaluate the merits and potential impacts of the proposed use, even if it technically meets the bylaw requirements.

Answer Options
A
A permitted use must be approved if it meets every bylaw requirement; a discretionary use may be approved or refused
B
There is no difference; both terms mean the same thing, as every use listed in a district is allowed on application
C
A permitted use requires a development permit, while a discretionary use does not, since discretion lets the officer waive the permit
D
A permitted use is for residential, while a discretionary use is for commercial, reflecting the two main districts in a bylaw

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Key Terms

permitted usediscretionary useland use bylawdevelopment authority
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