The City of Calgary Land Use Bylaw 1P2007
PART 2: ADMINISTRATION
Division 2: Land Use Amendment and Direct Control Districts
Application for Land Use Amendment
16 1 Any owner of a parcel, his authorized agent, or other persons having legal or equitable interest in the parcel may apply to the General Manager to have the land use designation of the parcel changed through an amendment to this Bylaw.
3 An application for a change in land use designation must be made on an application form approved by the General Manager.
4 An applicant for a change in land use designation must provide all information as required by the General Manager.
5 The General Manager may refuse to accept an application for a change in land use designation where:
The Application Review Process
17 1 Upon receipt of an application for a change in land use designation in accordance with the requirements of section 16, the General Manager must process the application and make a recommendation to the Calgary Planning Commission.
2 Calgary Planning Commission must communicate its decision to the applicant, who must decide whether to pursue his application to a public hearing before Council.
3 Should the applicant decide not to pursue the application to Council, the application is abandoned and the advertising component of the fees will be refunded.
4 Should the applicant decide to proceed, the General Manager must give notice of the public hearing for the proposed amendment in accordance with the requirements of the Municipal Government Act.
18 Council must hold a public hearing in respect of a proposed amendment in accordance with the requirements of the Municipal Government Act.
19 When an application for a change in land use designation has been refused by Council or withdrawn by the applicant after advertisement of the proposed amending Bylaw, the General Manager must refuse to accept another application for the same or a similar change in land use designation, which determination is to be in his sole discretion, on the same parcel until six months has passed from the date of the refusal or withdrawal of the application.
Direct Control Districts
20 1 Direct Control Districts must only be used for the purpose of providing for developments that, due to their unique characteristics, innovative ideas or unusual site constraints, require specific regulation unavailable in other land use districts.
4 The General Manager must review each application for a Direct Control District and advise Council as to whether or not the same result could be achieved through the use of a land use district in this Bylaw.
Uses in Direct Control District
21 1 The following uses and developments are deemed to be permitted uses on all areas designated with a Direct Control District, whether so designated before or after the effective date of this Bylaw, unless the contrary is stated in the Bylaw designating the area as Direct Control:
a Home Based Child Care — Class 1 where the listed uses include a Dwelling Unit;
a.1 Home Occupation — Class 1, where the listed uses include a Dwelling Unit;
b Sign — Class A and Sign — Class B;
e targeted grazing on City owned lands carried on by, or on behalf of, the City.
2 The following uses are deemed to be discretionary uses on all areas designated with a Direct Control District, whether so designated before or after the effective date of this Bylaw, unless the contrary is stated in the Bylaw designating the areas as Direct Control:
d Special Function — Class 2 where restaurant, drinking establishment or night club uses are allowed; and
f.1 Hazardous Waste Management Facility, when not operated by, or on behalf of, the City;
u.2 Waste Storage Site, when not operated by, or on behalf of, the City; and
4 The uses listed in subsection (3) may be either permitted or discretionary in accordance with the use lists of the Direct Control Bylaw.
5 Where an activity is proposed and it does not fall within any of the definitions of uses or any combination of uses defined in Part 4, the General Manager must recommend to Council that the activity be considered only through a Direct Control Bylaw or that this Bylaw be amended to include such use.