Discretionary use – Commercial and institutional districts
Jasper National Park
One of the cornerstones of land use planning is to ensure that the zoning districts are well thought out to maintain the community character and functionality. Permitted uses in a district, such as retail in the Commercial District (C1), are expected and require no community input to endorse. Other uses, such as a new hotel (commercial accommodation) downtown might seem compatible with the district but may cause community concerns with the loss of available retail spaces downtown; therefore, their approval requires discretion. This discretion is exercised through the Superintendent.
This webpage is specific to commercial and institutional discretionary uses. If you are in a residential district, you may be looking for residential discretionary use of home based business or private home accommodation.
How do I find out what is a permitted or discretionary use in my district?
The Town of Jasper Land Use Policy details the permitted and discretionary uses under each district. Use Town of Jasper Land Use Map to find your property. The Info tab will provide the applicable District Zoning.
The table below summarizes the permitted and discretionary uses for each commercial and institutional District:
District | Permitted use | Discretionary use | |||
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Commercial (C1) | apartment housing; retail stores; professional, financial, and office support servicesFootnote 1; and discretionary uses where the same use has been previously approved for the same area on the same site | entertainment establishments; business support servicesFootnote 2; drinking establishments; eating establishments; equipment rentals; health servicesFootnote 3; home based businesses; household repair servicesFootnote 4; personal servicesFootnote 5; private clubs and organizationsFootnote 6; resident-oriented servicesFootnote 7; spectator entertainment establishments; vehicle rentals; commercial accommodations; and utility services | |||
Tourist Commercial (C2) | hotels; and motels | retail stores which do not exceed 186 m2; drinking establishments; eating establishments; entertainment establishmentsFootnote 8; meeting rooms; personal servicesFootnote 5; staff accommodations; equipment rentals; and utility services | |||
Tourist Commercial Town Centre (C3) | hotels and motels | drinking establishments; eating establishments; entertainment establishmentsFootnote 8; meeting rooms; personal servicesFootnote 5; retail stores which do not exceed 186 m2; staff accommodation; and utility services | |||
Automobile Service Station (C4) | automobile service station | retail stores; eating establishments; equipment rentals; and vehicle rentals | |||
Hostel (C5) | hostel and staff accommodation | eating establishments; meeting rooms; personal service shopsFootnote 5; retail stores; and visitor services | |||
Storage and Services District (S) | general contractors; and general contractor support services | autobody and paint shops; carwashes; kennel services; manufacturing servicesFootnote 9; government services; professional and office support servicesFootnote 1; recycling depots; retail services which are incidental to the primary use; utility services; vehicle storage; vehicle repair services; veterinary services; and warehouses | |||
Institutional District (I) | In the I District there shall be no permitted uses | community recreation facilities; child-care facilities; government services; medical treatment services; protective and emergency services; public assemblies; public education services; public libraries and cultural exhibits; public parking areas; public parks; religious assemblies; retail stores incidental to the primary use; special needs housing; staff accommodation; and utility services | |||
Public Service (PS) | government services; transportation services; and public parking areas | accessory buildings; eating establishments incidental to the primary use; public libraries and cultural exhibits; public washrooms; resident oriented services; and retail stores incidental to the primary use | |||
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What is the permitting process for applying for a discretionary use?
The permitting process for a discretionary use consists of:
- Parks Canada discretionary use application and narrative - There is no fee for a discretionary use permit application. To apply for a permit, please sign and submit the Parks Canada discretionary use permit application (PDF, 187 KB) which will provide the development office: the location of the discretionary use; who the lessee is; who the applicant is; basic contact information for the permit; and a short narrative detailing your proposed use.
- Discretionary use permit issuance - If the decision is to accept the discretionary Use, the Development Office will prepare the discretionary use permit once any outstanding conditions, such as parking or building code requirements, have been satisfied.
If you are the lessee (you hold a lease agreement directly with His Majesty) the discretionary use permit will be issued to you. If you are a sublessee (you hold a sublease agreement directly with the lessee), you will be required to submit a sublease to the Parks Canada Realty Officer to obtain Ministerial Consent to Sublease, which will be issued along with the discretionary permit. For more information regarding the Ministerial Consent to Sublease process, please contact jasperrealtymunicipalservices@pc.gc.ca.
Once I have my discretionary use permit, what other requirements are needed to operate my new business?
Once your discretionary use permit has been issued, and Ministerial Consent to Sublease obtained (if required), please follow the Municipality of Jasper guidance on the Doing Business in Jasper website to apply for a Municipality of Jasper Business Licence. If you will be conducting business outside of the Jasper townsite boundary you are required to contact jasperbusinesslicence@pc.gc.ca to obtain a Parks Canada Business Licence.
Frequently asked questions
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I am looking at a commercial space for a new restaurant in the Commercial District, should I sign a sublease and start the renovations prior to the approval of the discretionary use?
As there is potential for a discretionary Use to be denied, it is not recommended to sign a sublease, or begin renovations, prior to approval of the discretionary use.
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I have a discretionary use in mind, but I do not see it listed in either the permitted or discretionary use. Does this mean I cannot apply for the use?
The Superintendent may consider a use that was not previously considered when writing of the Land Use Policy. If the use closely aligns with other uses in the district, does not unduly interfere with the amenities of the area or the use, enjoyment, safety, aesthetics, or value of neighbouring properties, it can move forward to the public consultation process in the same manner as a stated discretionary use.
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I have a discretionary use in mind, and see it listed as a discretionary use in another district, but not the district I am located in. Does this mean I cannot apply for the use?
If the use you have in mind is not stated as permitted or discretionary use in your district, but listed in a different district, it may not be appropriate in your district. You may apply to the Superintendent for a discretionary use and state the reasons why you believe the use would be appropriate in your district.
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I am thinking of opening a Cannabis Store in the Commercial District, but do not see it listed as a permitted or discretionary use. Does this mean I cannot apply for the use?
Cannabis Stores, just like liquor stores, are considered retails stores for land use purposes in Jasper. Retail stores are a permitted Use in the Commercial District. However, you may not convert existing residential space in the Commercial District (C1) to commercial space. Otherwise, any commercial space above, below, or at-grade in the C1 district may be used for cannabis retail.
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I want to open a restaurant in an existing commercial building in the basement. I read in the 2010 Jasper Community Sustainability Plan that only storage, required parking, or resident-oriented services, are permitted in commercial basement areas. Can I apply for this discretionary use?
A restaurant is better suited to be on the main floor of a commercial building for better accessibility and visibility for the tourist public. Basement commercial spaces typically have a more affordable rent which makes it more suitable for businesses such as a hair salon where the majority of clientele are Jasper residents. For these reasons, unless the commercial basement area was previously approved for an eating establishment prior to 2010, the discretionary use application cannot be accepted for consideration.
The above required submissions, or any questions regarding the above, may be submitted to the Jasper Development Office at: jasperdevelopment@pc.gc.ca.
The above requirements are intended to help assist you with your application. If there are any conflicts between the information presented above and the requirements as stated in the Town of Jasper Land Use Policy, the requirements in the Policy take precedent.
Related links
- New residential home development
- Garden suites
- Garage suites
- Secondary Suite
- Residential building addition
- Interior renovation
- Landscaping: Including sidewalks, decks and parking
- Mobile home replacement
- New commercial development in the Town of Jasper
- Commercial floor area allocation
- Commercial sign permits in the Town of Jasper
- Outlying commercial accommodation and hostels
- Lake Edith cottage and septic tank development
- Event tents
- Fences
- Electrical, plumbing and gas permits
- Home Based Businesses
- Private home accommodations (PHAs)
- Projects requiring a development permit
- National parks building permit
- Garages
- Variances
- Appeals
- Development regulations, laws, policies and guidelines
- Service standards
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