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 a public consultation process (planning and development advisory committee) where community input is considered as part of the decision making process.

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:

Permitted and discretionary uses for each Commercial and Institutional District
District	Permitted use	Discretionary use
Commercial (C1)	apartment housing; retail stores; professional, financial, and office support services^{Footnote 1}; and discretionary uses where the same use has been previously approved for the same area on the same site	entertainment establishments; business support services^{Footnote 2}; drinking establishments; eating establishments; equipment rentals; health services^{Footnote 3}; home based businesses; household repair services^{Footnote 4}; personal services^{Footnote 5}; private clubs and organizations^{Footnote 6}; resident-oriented services^{Footnote 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 establishments^{Footnote 8}; meeting rooms; personal services^{Footnote 5}; staff accommodations; equipment rentals; and utility services
Tourist Commercial Town Centre (C3)	hotels and motels	drinking establishments; eating establishments; entertainment establishments^{Footnote 8}; meeting rooms; personal services^{Footnote 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 shops^{Footnote 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 services^{Footnote 9}; government services; professional and office support services^{Footnote 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
Definitions Footnote definitions Footnote 1 “professional, financial and office support services” means the provision of professional, management, administrative, consulting, and financial services, but does not include health services or government services. Typical uses include the office of lawyers, accountants, engineers, planners, and architects; office for real estate and insurance firms; clerical, secretarial, employment, telephone answering, and similar office support services; and banks, credit unions, loan offices, and similar financial uses; Return to first footnote1 referrer Footnote 2 “business support service” means support services to businesses which are characterized by the use of minor mechanical equipment for printing, duplicating, binding or photographic processing; the provision of office maintenance or custodial services; the provision of office security; or the sale, rental, repair or servicing of office equipment, furniture, and machines. Typical uses include printing establishments, film processing establishments, janitorial firms and office equipment sales and repair establishments; Return to first footnote2 referrer Footnote 3 “health services” means the provision of physical and mental health services on an out-patient basis. Services may be of a preventive, diagnostic, treatment, therapeutic, rehabilitative, or counselling nature. Typical uses include medical and dental offices, laboratories, chiropractors, health clinics and counselling services; Return to first footnote3 referrer Footnote 4 “household repair services” means the provision of repair services to goods, equipment and appliances normally found within the home. This includes radio, television and appliance repair shops, furniture refinishing and upholstery shops. This does not include personal service shops; Return to first footnote4 referrer Footnote 5 “personal services” means the provision of personal services to an individual which are related to the care and appearance of the body, or the cleaning and repair of personal effects; Return to first footnote5 referrer Footnote 6 “private clubs and organizations” means development used for the meeting, social or recreational activities of members of a non-profit philanthropic, social service, athletic, business, or fraternal organization, without on-site residences. Return to first footnote6 referrer Footnote 7 “resident-oriented services” means services provided for park residents and generally not provided for park visitors Return to first footnote7 referrer Footnote 8 “entertainment establishment” means a facility where entertainment is provided to the public, either exclusively or in combination with other activities and may, without restricting the generality of the foregoing, include a night club, live theatre, or cinema, or a dance floor within a bar or pub. Entertainment establishments do not include a drinking or an eating establishment by definition. Neither do drinking or eating establishments include an entertainment establishment by definition. If there is a proposal to develop an entertainment establishment within a drinking or an eating establishment, such as an area where a band or a performer or a disk jockey may play music and/or an area where patrons may dance, it shall be considered as a separate development from the eating or drinking establishment and required a separate development permit. Return to first footnote8 referrer Footnote 9 “manufacturing services” means the assembly, making, preparing, inspecting, finishing, treating, altering, repairing, warehousing, or storing or adapting for sale of any goods, substance, article, thing, or service which is for local consumption only; Return to first footnote9 referrer

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.
Planning and development advisory committee (PDAC) – If your application meets the requirements, your completed submission will be placed onto the agenda at an upcoming public hearing. You will receive a letter confirming the acceptance of your submission and details of the next public hearing. Please visit the Planning and development advisory committee webpage for more information regarding the hearing dates and the application cut-off deadlines.
Parks Canada Executive Director letter – Following the PDAC hearing, the committee will make a recommendation. The recommendation is reviewed by the Superintendent and forwarded to the Parks Canada Executive Director for a final decision. Once the decision is made, a letter notifying you of the Executive Director’s decision is issued.
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

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.
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.
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.
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.
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.

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