The Zoning Game: Alberta Style


  • Frederick A. Laux



Zoning has had checkered existence in the growth of society, arising ori ginally in tort in the private remedies of nuisance and in the use of the re strictive covenant and actions for breaches thereof. Professor Laux cites the Industrial Revolution as having profound effect on the society of the eighteenth century, with corresponding result of rendering ineffective the private controls of land use. From this ineffective control has sprung zoning system introduced by various levels of government, Alberta being no exception. The author examines the system of zoning in Alberta today to evaluate whether said system achieves comprehensive planning. The characteristics of typical zoning by-law; zoning administration and adjust ments; enforcement of the zoning by-law; and the methods of judicial review of the zoning process are examined by the author with special reference to the zoning by-laws of several municipalities in Alberta, and by reference to the relevant authorities on zoning and land use.