Land Use Bylaw1P2007

The City of Calgary Land Use Bylaw 1P2007

PART 2: ADMINISTRATION

Division 3: Development Permits

Requirement for a Development Permit

23 A development permit is required for every development unless it is otherwise exempted in this division.

Conditions for Development Permit Exemptions

24 A development listed in section 25 will only be exempt from the requirement to obtain a development permit if it:
a complies with the rules of this Bylaw;
b is not subject to the Calgary International Airport Vicinity Protection Area Regulation;
c is not located in the floodway;
d is not subject to any restrictions imposed by the Subdivision and Development Regulation; and
e has adequate sewage collection, treatment and disposal, water supply, treatment and distribution, storm water collection and storage and road infrastructure capacity necessary to serve the development.

Exempt Developments

25 1 The following developments do not require a development permit if the conditions of section 24 are met:
c the erection of any fence or gate;
d a driveway;
e the construction of a deck, landing or patio;
e.1 the construction of skateboard and sports ramps located in the Districts contained within Part 5: Low Density Residential Districts, or Part 6: Multi-Residential Districts;
f the construction of an Accessory Residential Building with a gross floor area equal to or less than 75.0 square metres when listed as a permitted use in a land use district;
f.1 the construction of an Accessory Residential Building located on a parcel containing a Contextual Semi-detached Dwelling, Duplex Dwelling, or a Semi-detached Dwelling that has yet to be subdivided with a gross floor area equal to or less than 150.0 square metres when listed as a permitted use in a land use district;
g a satellite dish antenna less than 1.0 metre in diameter;
h external maintenance, internal alterations, and mechanical and electrical work on a building provided the intensity of use of the building does not increase;
i where located on a parcel for 3 consecutive days or less, excluding the time used to erect and dismantle the temporary structures;
ii where the cumulative area of covered temporary structures is less than or equal to:
A 125.0 square metres when located on a parcel within 45.0 metres of either a residential district or a Direct Control District where the use of the parcel is residential; and
B 300.0 square metres when located on a parcel designated CR20-C20/R20 or an East Village District contained in Part 12; and
iii where located on the same parcel as:
F deleted
G deleted
H deleted
k a temporary building, the sole purpose of which is incidental to the erection or alteration of a building for which a permit has been granted under the Building Permit Bylaw;
l the use of all or part of a building or parcel as a Motion Picture Filming Location for a period not exceeding one year;
m stockpiling on the same parcel undergoing excavation, grading or stripping;
n Solar collectors, if the building they are on is not listed on the City inventory of evaluated historic resources, and:
i the solar collectors are located on a building, a minumum of 2.4 metres above grade; or
ii the solar collectors are used for thermal energy;
o a sign that is exempt from the requirement to obtain a development permit as specified in Part 3, Division 5;
p the following projects carried on by, or on behalf of, the City:
i roads, traffic management projects, interchanges;
ii Hazardous Waste Management Facility, Landfill, Sewage Treatment Plant, UtilitiesWaste Storage Site, and Water Treatment Plant;
iii motor vehicle and pedestrian bridges, unless they are part of the Plus 15 Network or Plus 30 networks;
iv water, sewage and storm water lines and facilities;
v landscaping projects, parks, public tennis courts and street furniture; and
vi local food sales on City owned land where approved by or on behalf of the City;
q the use of all or part of a building as a temporary polling station, returning offices' headquarters, Federal, Provincial or Municipal candidates' campaign offices and any other official temporary use in connection with a Federal, Provincial or Municipal election, referendum or census;
i in the Developing Area; or
ii on a parcel identified in subsection 25(2)(n);
s a Secondary Suite, when listed as a permitted use in the district, for which an application for a permit pursuant to the Building Permit Bylaw has been received;
t "pop-up uses" that comply with the rules of section 134.2; and
u "interim uses" that comply with the rules of section 134.3.
2 The following developments do not require a development permit if they are not located in the flood fringe or overland flow areas and the conditions of section 24 are met:
a an exterior alteration or addition to a Duplex Dwelling, Semi-detached Dwelling and Single Detached Dwelling where:
i listed as a discretionary use;
ii the addition and alteration complies with the rules of section 365; and
iii the existing building is not listed on the City inventory of evaluated historic resources;
i if the addition has a gross floor area less than or equal to 40.0 square metres and the addition has a height that is less than or equal to 6.0 metres when measured from grade at any point adjacent to the addition; or
ii if the addition has a gross floor area less than or equal to 10.0 square metres and is located above the first storey;
c the construction of and addition to a Single Detached Dwelling, Semi-detached Dwelling and Duplex Dwelling when listed as a permitted use in a land use district;
d an outdoor in-ground or above ground private swimming pool or hot tub so long as it:
i is not located within the actual front setback area;
ii has a total area less than 15.0 per cent of the parcel area; and
iii does not have any above grade components including a deck, walkway, supporting member, heater or mechanical equipment within 1.2 metres of any property line;
e retaining walls that are less than 1.2 metres in height, measured from the lowest grade at any point adjacent to the retaining wall to the highest grade retained by the retaining wall;
f facilities required for environmental remediation or monitoring;
g excavation, grading or stripping provided:
i the area of land to be excavated, stripped or graded is less than 1000.0 square metres;
ii it is part of a development for which a development permit has been released; or
iii the person carrying out the excavation, stripping or grading has signed a Development Agreement with the City for the area to be excavated, stripped or graded and that Development Agreement contemplates excavating, stripping or grading;
h Utilities installed or constructed within a street or a utility right-of-way;
i deleted
j a Power Generation Facility — Small required for the purpose of providing electrical power for emergency or back-up purposes with a generation capacity of less than 20 kilowatts;
k a Power Generation Facility — Small required in order to comply with the emergency power requirements of the Alberta Building Code;
l A Power Generation Facility — Small with a total power generation capacity of 10 kilowatts or less where the Power Generation Facility — Small:
i does not use an internal combustion engine; and
ii is located entirely within an existing approved building;
m the City's use of land which it either owns or has an equitable interest in for a purpose approved by Council in connection with any Utility; and
n the construction of a Contextual Single Detached Dwelling when on a parcel that is identified as:
i Block 4 Plan 9711796;
ii Block 6 Plan 9711978;
iii Lot 1 Plan 8711504;
iv Block 3 Plan 7203JK;
v Lots 1 through 3 Block 4 Plan 8810907;
vi Block 5 Plan 7627JK;
vii Lot 1 Block 6 Plan 8811565;
viii Lots 2 through 5 Block 8 Plan 8910156;
ix Lot 1 Block 1 Plan 8810212;
x Block 1 Plan 6368JK;
xi Lot 2 Block 1 Plan 8810882;
xii Meridian 5 Range 2 Township 25 Section 8 Quarter South West containing 64.7 hectares (160 Acres) more or less excepting thereout:
A The Westerly 150 feet in perpendicular width throughout of said quarter section containing 3.67 hectares (9.06 Acres) more or less.
B See the table below.
  
table
xiii Meridian 5 Range 2 Township 25 Section 8 Quarter South East containing 64.7 hectares (160 Acres) more or less excepting thereout:
table
xiv Meridian 5 Range 2 Township 25 Section 5
That portion of the North East Quarter which lies to the north of the parcel on Plan 53/28 and to the east of the transmission line right of way on Plan 79JK, containing 30.9 hectares (76.16 acres) more or less excepting thereout:
table
xv Meridian 5 Range 2 Township 25 Section 5 
That portion of the North West Quarter which lies to the North of the parcel on Plan 53/28 and to the east of the transmission line right of way on Plan 79JK, containing 20.9 hectares (51.67 acres) more or less excepting thereout:
xvi Lot 35 through 40 Block 90 Plan 0614543;
xvii Lot 59 through 99 Block 90 Plan 0614543; and
xviii Lots 2 through 4 Block 6 Plan 8910893
any of which may be further subdivided from time to time.
o a change of use for a building or portion of a building does not require a development permit if:
i it is located in the I-GI-B or I-C districts;
ii it does not include additions, exterior alterations, or changes to site plans; and
iii unless otherwise referenced in subsection (iv), the proposed use is listed as a permitted use in the district; and
iv a development permit is required for a change of use for a building or portion of a building if the proposed use is one of the following uses:
25.1 The following developments do not require a development permit:
a.1 temporary structures affiliated with a City approved street festival;
a.2 any activity and associated structures granted a permit through the Parks and Pathways Bylaw;
c developments as defined in section 8(2) of Bylaw 2P80 that comply with the rules of The City of Calgary Land Use Bylaw 2P80, that have commenced or for which an application for a permit pursuant to the Building Permit Bylaw was received prior to June 1, 2008;
d developments as defined in section 7 of the Municipal District of Rocky View No. 44 Land Use Bylaw, Bylaw C-4841-97, that have commenced and comply with the rules of the Municipal District of Rockyview or for which an application for a permit pursuant to the Building Permit Bylaw was received prior to June 1, 2008, and which are located in the lands annexed from the Municipal District of Rocky View No. 44 to the City of Calgary as described in APPENDIX A of Order in Council 333/2007;
e developments as defined in Section 8(2) of Part 10, that comply with the rules of Part 10 and have commenced or for which an application for a permit pursuant to the Building Permit Bylaw was received prior to designation of the parcel under another part of this bylaw;
f developments located in the floodway, which are being conducted by, or on behalf of, the City for the purpose of erosion control, where the primary purpose is to protect public infrastructure;
g targeted grazing on City owned lands carried on by, or on behalf of, the City; and
i trees and shrubs required on the parcel in conjunction with an approved development permit, are retained;
ii there are no local food sales; and
iii there is a maximum of one ancillary building 10.0 square metres or less in area for the purposes of storage.
25.2 1 Unless otherwise stated in subsections (4) and (5), the following developments do not require a development permit if the conditions of section 24 are met:
a An addition to a building where:
i it is located within the "Centre City Enterprise Area" as illustrated on Map 2.1;
ii it is not listed on the City inventory of evaluated historic resources; and
iii the addition does not increase the gross floor area of the building by more than 1000.0 square metres.
2 Unless otherwise stated in subsections (4) and (5), a change of use for a building or portion of a building does not require a development permit if:
a it is located within the "Centre City Enterprise Area" as illustrated on Map 2.1; and
b it is a listed use in the district.
3 Unless otherwise stated in subsections (4) and (5), exterior alterations for buildings not listed on the City inventory of evaluated historic resources, do not require a development permit if:
a it is located within the "Centre City Enterprise Area" as illustrated on Map 2.1; and
b it is a listed use in the district.
4 The following uses are not exempt under subsections (1), (2) and (3):
a deleted
c deleted
e Pawn Shop; and
5 The following uses are not exempt under subsections (1), (2) and (3) where they are located within 30 metres of a freight rail corridor property line:
f deleted
h Jail;
6 Parcels designated with a Direct Control District, whether so designated before or after the effective date of this Bylaw, are subject to the development permit exemption clauses contained in this section unless specifically indicated otherwise in the Direct Control Bylaw.
7 Subsections (1), (3), (4), (5) and (6) remain in effect until July 1, 2023.

Map 2.1 "Centre City Enterprise Area"

25.3 deleted

Map 2.2 "International Avenue Change of Use/Exterior Renovation Exemption Area"

deleted

Map 2.3 "Montgomery Change of Use/Exterior Renovation Exemption Area"

deleted

Map 2.4 "Sunalta Change of Use Exemption Area"

deleted

Exemption for Insulation Retrofit

25.4 1 In the low density residential districts, development with the sole purpose of adding exterior insulation and associated cladding to an existing building containing a Dwelling Unit does not require a development permit.
2 The insulation and cladding for any development referenced in subsection (1):
a may project a maximum of 0.3 metres into any required setback area; and
b may exceed the maximum parcel coverage in the district.

Development Permit Application Requirements

26 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 for a development permit.
2 An application for a development permit must be made on an application form approved by the General Manager and be submitted with the fee for an application as prescribed by resolution of Council.
3 An applicant for a development permit must provide such information as may be required by the Development Authority to evaluate the application.

Notice Posting Requirement

27 1 At least 7 days prior to making a decision on an application for a development permit for those uses listed in subsections (2), (2.1), (3), (4) and (5), the Development Authority must ensure a notice is posted in a conspicuous place stating:
a the proposed use of the building or parcel;
b that an application respecting the proposed development will be considered by the Development Authority;
c that any person who wishes to submit comments in respect to the proposed development on the parcel may deliver to the Development Authority a written statement of their comments regarding the development;
d the date by which the comments must be delivered to the Development Authority to be considered by the Development Authority; and
e that the submission must include:
i their full name and address; and
ii the reasons for their position.
2 The following uses must always be notice posted:
a.3 Drinking Establishment — Large in the CC-EIR or the CC-ET districts;
c Drive Through in the C-N2, C-C1 or C-COR2 districts;
c.1 deleted
e.1 deleted
f.1 Night Club in the CC-EIR District or CR20-C20/R20 District in the area indicated in Map 11;
g Outdoor Café in the C-N1C-N2,  C-C1C-COR1C-COR2I-E, I-R, S-RCC-XCC-CORCC-ETCC-EIRCC-EMU, CC-EPR, CC-ERR, or CC-ER Districts or; CR20-C20/R20 District in the area indicated in Map 11 and in all mixed use districts;
i deleted
i.1 deleted
i.2 Secondary Suite in the R-C1L, R-C1 and R-1 Districts;
k deleted
2.1 The following uses must be notice posted when adjacent to a parcel containing a Dwelling Unit:
3 The following uses must always be notice posted in a residential district:
h Museum;
4 The following uses must always be notice posted in a special purpose district:
5 The construction of a new building or an addition to a building for the following uses must be notice posted:
b Duplex Dwelling when listed as a discretionary use;
d.1 Rowhouse Building when listed as a discretionary use in the Developed Area; and
6 The Development Authority must not notice post any development permit applications not set out in subsections (2), (2.1), (3), (4) or (5).
7 The posted notices referenced in this section must conform to the standards approved by the General Manager.

Exemption for Acquisition of Land by The City

27.1 1 Except as otherwise referenced in subsection (2), where a portion of a parcel is, or has been, acquired on or after January 1, 2017 by the City for a municipal purpose, the development or use legally existing or approved on that parcel on the date that the land is, or was, acquired by the City is deemed to conform with the requirements of this Bylaw and to comply with the approved development permit.
2 Subsection (1) does not deem a non-conforming use to conform with the uses listed in the governing land use district or restrictions in the definition of the use.

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