Calgary Land Use Bylaw 1P2007
About the Land Use Bylaw
The City of Calgary’s Land Use Bylaw (1P2007) has been in effect since June 1, 2008. It outlines the rules and regulations for development of land in Calgary for each district (zone) as well as the process of making decisions for development permit applications.
A Land Use bylaw is required for every municipality in Alberta as per the requirements in the Municipal Government Act. This includes the division of the municipality into land use districts (zones).
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Land Use Bylaw Amendments to Support Business and Economic Recovery
The City of Calgary has made amendments to the Land Use Bylaw (Bylaw) that support businesses through the continued hardships of COVID-19 and Calgary’s economic recovery. They modernize and simplify existing regulations, provide increased flexibility for business operations, and reduce the need for change of use applications. This means less city processes and reduced cost for business owners while supporting the economy and the vibrancy of our communities.
The business-friendly amendments have consolidating similar uses, increasing the flexibility for business owners to change their operations by removing additional layers of approval. This will allow businesses to more easily adapt to changes brought on by COVID-19 and Calgary’s economic recovery by reducing the need for land use changes to accommodate evolving business practices. This reduces cost and time for businesses when moving to a new space, changing to another use (in the case of the new Health Care Service use), or expanding their operations (in the case of the restaurant amendments).
The amendments, which are now in force, include:
Absorbing the use of Market into the existing Retail and Consumer Service use.
By consolidating these uses, retail development will have greater flexibility in terms of indoor and outdoor sales, and market style retail will be permitted in a greater number of districts.
Reducing the number of restaurant uses from 7 down to 2 – Restaurant: Licensed and Restaurant: Food Service Only. This involved relocating the public area size maximums from the use definition to the applicable district, allowing the size to be relaxable. Also, the smallest form of restaurant will be increased to 150 square metres (from 75sqm).
The changes allow greater flexibility for an owner to expand their business without the need for a change of use or in some cases a redesignation (rezoning), while at the same time, ensuring that the size of the restaurant and its impact on the surrounding properties is still considered. The changes result in fewer steps to occupy a space or expand operations, saving both time and money.
Extending the expiry of the Centre City Enterprise Area from 2021 July 1 to 2023 July 1.
Extending the expiry for exterior renovations and additions up to 1000 square metres will allow downtown businesses to make improvements to their buildings without the need for a development permit. The benefits from these amendments such as reduced times due to fewer approvals, cost and greater opportunities to fill in vacant spaces will continue.
Changing reference to “Subdivision and Development Appeal Board” to Appeal Body, to align with recent changes by the Provincial Government to the Municipal Government Act.
This amendment will create alignment between the Land Use Bylaw and the Municipal Government Act.
Consolidating the uses of Cannabis Counselling, Counselling Service, Health Services Laboratory – With Clients and Medical Clinic into the new use of Health Care Service.
By consolidating these four uses, a development permit will no longer be required to change between health operations. These changes result in fewer steps to occupy a space or change functions in the same space, saving both time and money.
Absorbing the use of Market into the existing Retail and Consumer Service use.
By consolidating these uses, retail development will have greater flexibility in terms of indoor and outdoor sales, and market style retail will be permitted in a greater number of districts.
Updating the table for Setbacks from Road Rights-of-Ways to respond to a Notice of Motion, changing the title to Public Realm Setbacks.
This amendment clarifies the intent for required setbacks as more than simply road expansions.
Allowing RVs to be parked on front driveways for 36 hours, rather than 24 hours, to align with the Traffic Bylaw.
This amendment will allow residents who own RVs to have more time (up to a day and a half) to load and unload their RVs on front driveways.
Clarifying the screening requirements for mechanical equipment and delivery of a visual guide for internal staff and applicants.
This amendment provides greater flexibility for businesses and more logical screening requirements, while still minimizing visual impacts. The options provided under these amendments provide for lower cost options for screening. The non-statutory visual guide provides clear expectations for screening for both applicants and for City staff.
Adding Child Care Service to the list of “commercial multi-residential uses”.
Adding Child Care Service to the commercial multi-residential uses will support more local child care businesses and provide flexibility for commercial development in those districts.
Amending Home Based Child Care facilities by eliminating Class 2 and enabling Class 1 to have one non-resident employee in order to align with Provincial changes in February.
This amendment creates alignment between the Land Use Bylaw and the Early Learning and Child Care Act. Although this will reduce the opportunity for home based operations to care for between 7 and 10 children, there will be less confusion on the required approvals, as there are some operations that did not have the required provincial license, before the provincial changes. Operators that have a provincial license and City approval will be able to continue their operations under these amendments. A number of Home Based Child Care – Class 2 approvals by the City were due to an operator wanting to employ one non-resident employee to help with the care of up to 6 children. With the proposed amendments to the Home Based Child Care – Class 1, this is possible without the need for a new development permit, thus the decreased necessity to keep the Class 2 use.