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.
Why This Is the Correct Answer
Under the MGA, a permitted use must be approved by the development authority if the application meets all requirements of the land use bylaw — there is no discretion to refuse. A discretionary use may be approved or refused at the development authority's discretion, who evaluates the merits and potential impacts. This distinction creates different levels of development certainty and appeal rights.
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