FAQs

No. Every municipality in Alberta is required by the Province to have a LUB. A LUB establishes land use districts (commonly called ‘zones’) that each have a list of allowable uses. The LUB also establishes what these uses are defined as. Uses in each zone may be either 1) not allowed at all, 2) permitted, or 3) discretionary.

1. If someone wishes to use their property for a use which is not allowed in the rules of their property’s current zoning (i.e. it is neither a permitted nor a discretionary use), they must apply to rezone their property to another zone which allows that use.
2. If someone applies for a development permit for a permitted use and they meet all the requirements in the LUB, that permit legally must be granted by the Development Officer.
3. If someone applies for a development permit for a discretionary use, the Development Officer may or may not grant the development permit (i.e. they have some discretion). Even if the permit is granted, it may be appealed and the appeal is determined by the Subdivision and Development Appeal Board (SDAB).

The proposed changes which were presented at the November 15, 2023 open house are focused on “social uses”, i.e. social service facilities, and housing with social supports. We are proposing to make various changes to:

• The definitions of social uses in the LUB (i.e. how they are defined and described).
• In which zones they are allowed (and if they are allowed, whether they are a permitted or discretionary use).
• Other regulations around some social uses, e.g. a buffer zone between some uses and parks/schools.

You can view the boards from the open house here, which provide details on these proposed changes, and complete the online survey to provide your feedback.

The project team listened to public feedback on the ‘first draft’ recommendations shared at the November 15, 2023 open house at Casa. We made numerous significant changes to address concerns, and the result was draft Bylaw 6437. According to procedure, this draft bylaw could not be shared with the public until it was on Council’s agenda for first reading.

The draft bylaw was submitted to Council, with first reading scheduled for February 27, 2024. In standard procedure for a bylaw to be considered by City Council:

• Council do not hear presentations at the first reading of a Land Use Bylaw amendment.
• Following first reading, a public hearing date is set (usually around a month after first reading). The public hearing is when Council hears presentations for or against the bylaw, so you can have your say.
• Council can then choose to make changes to the draft bylaw. Following the conclusion of the public hearing, Council votes on whether or not to pass the bylaw.

The project team had planned significant public outreach (newspaper and social media ads, email newsletters, road signs, etc.) to let you know when the public hearing date was confirmed, and the project team had numerous materials prepared to share with the public about the draft bylaw, what it meant, and how you could provide your input to Council.

However, at the February 27, 2024 meeting of City Council, Councillor Dodic brought forward a motion to cancel first reading of Bylaw 6437 and direct staff to roll the proposed changes on social uses into the future new LUB (which is planned to go to Council in 2026). After a lot of debate and questions for staff, in which staff were asked questions about the impacts of not proceeding with a public hearing for Bylaw 6437, Council passed Councillor Dodic’s motion 6-2. You can watch a video of the meeting here (click on item 6.1 in the agenda to skip to that point in the video).

What this means:

• Bylaw 6437 did not go forward to a public hearing, so there will not be an opportunity for you to provide your views to City Council on the proposed changes to social uses regulations at this time. There will be opportunities for further input on social uses when the new LUB is prepared, likely in early 2026.
• Unless staff are otherwise directed by City Council, the status quo regulations around social uses will remain at least until the new LUB is brought to Council, currently anticipated in late 2026.

To all of you who gave up your time to take part in the extensive engagement on social uses over the past six months, we want to reassure you that your time was not wasted. All of your input on this topic has been captured in the Phase 1 What We Heard Report, which was submitted to Council along with draft Bylaw 6437. This information will be carried forward by the project team and used in drafting the new LUB in later phases of the project.

The Planning and Design department has not received an application for a rezoning for a shelter.

If someone were to hypothetically want to create a new shelter in this area or anywhere else in the city, under the current LUB rules the “Shelter” use is allowed as a discretionary use in the Downtown Commercial zone and the Public Building zone. The former is limited to the downtown, while Public Building zoned properties exist in various location across the city (e.g. schools, religious assembly buildings, City Hall).

• If a property owner wanted to create a shelter on a property zoned Downtown Commercial or Public Building, they could apply for a development permit for that discretionary use. This application would be notified to neighbours within 60 m of the property.
• If a property owner wanted to create a shelter on a property not zoned Downtown Commercial or Public Building (and not zoned for a Direct Control district that allows the “Shelter” use), then they would need to apply to rezone the property before they could apply for a development permit. A rezoning application usually costs $5500 and takes several months from receipt of an application to a public hearing where the decision is made by City Council. 
  • When a rezoning application is received by the City, neighbours within 60 m of the property are notified by letter. 
  • Applicants will usually host an open house event of their own to consult with their neighbours. 
  • When a public hearing date is set, a further letter is mailed out by the City to neighbours within 60 m. 
  • The public hearing is also advertised in the Lethbridge Herald on two Saturdays, and a notice is published on the City website. 
  • Any interested person can write or speak to City Council before or at the public hearing, in support or opposition to the rezoning application. The decision is made by a vote of City Council.

You can view the open house boards here to see what changes are proposed to the LUB rules for shelters. In particular, we propose keeping Shelter as a discretionary use in the Downtown Commercial zone, making Shelter a permitted use in the Business Industrial and Public Building zones, and making it a discretionary use in the Future Urban Development zone (which is used for the edges of the City that are largely undeveloped). We also propose to create a minimum 150 m buffer requirement between Shelters and any school or park. This means that even though a Shelter would be a permitted use on a Public Building zoned property, if that property is currently near a school/park then a Shelter would not be allowed due to the buffer requirement.

If you missed the open house, the boards (see background boards, and proposals boards) as well as an online version of the survey are available until November 24, 2023. Please take a look at the proposals and let us know what you think! Following the closing of the survey, the team will analyze what we heard from everyone and work on any changes to the draft proposals. 

Once proposals are finalized, they will be turned into an amending bylaw which will be submitted to City Council. A public hearing process would take place (currently anticipated for late March 2024), where anyone can present their views for/against the proposals to City Council. A final decision is City Council’s alone. Once a date for a public hearing is set it will be shared widely, including on this page, through the e-mailing list, on the City website, and advertised in the Lethbridge Herald.