The City of Calgary Land Use Bylaw 1P2007
PART 2: ADMINISTRATION
Division 5: Discretionary Use Development Permit
Discretionary Use Development Permit Application
35 When making a decision on a development permit for a discretionary use the Development Authority must take into account:
d the compatibility and impact of the proposed development with respect to adjacent development and the neighbourhood;
Discretionary Use That Does Not Comply
36 1 The Development Authority may approve a development permit application for a discretionary use where the proposed development does not comply with all of the applicable requirements and rules of this Bylaw if in the opinion of the Development Authority:
a the proposed development would not unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the use, enjoyment or value of neighbouring properties; and
2 The provisions of 36(1) apply to any reduction in the required distance of 100 metres from a Cannabis Store to a boundary of a parcel of land that does not contain a school building and is designated as school reserve or municipal and school reserve under the Municipal Government Act, in accordance with 105(5) of the Gaming, Liquor And Cannabis Regulation.
Development Authority's Decision
37 1 The Development Authority may approve, either permanently or for a limited period of time, a development permit application for a discretionary use, and may impose the conditions enumerated in section 38 of this Part.
2 The Development Authority may refuse a development permit application for a discretionary use even though it meets the requirements and rules of this Bylaw.
Conditions on Discretionary Use Development Permits
38 1 The Development Authority may, as a condition of issuing a development permit for a discretionary use, impose conditions in respect of the following matters:
b the construction or maintenance of the proposed development in accordance with the approved plans;
g.1 The number of motor vehicle parking stalls provided for a development, regardless of whether the use or District identifies a minimum number of required motor vehicle parking stalls.
i the construction of or payment for public utilities, other than telecommunications systems or works, and vehicular and pedestrian access that are necessary to serve the development; and
2 The Development Authority may, as a condition of issuing a development permit for a discretionary use, require the applicant to enter into an agreement with the City to do any or all of the following:
a to construct or pay for the construction of a public thoroughfare required to give access to the development;
ii pedestrian walkways to connect the pedestrian walkway system serving the development with a pedestrian walkway system that serves or is proposed to serve an adjacent development; or
c to install or pay for installation of public utilities, other than telecommunications systems or works, that are necessary to serve the development;
3 The Development Authority may, as a condition of issuing of a development permit for a discretionary use on a parcel adjacent to a freight rail corridor.
b require the mitigation identified in subsection (a) to be incorporated into the development for the life of the development.
Notification of Decision for Discretionary Use Application
39 1 After approving a development permit application for a discretionary use, the Development Authority must:
b endorse the development permit as of the date of the decision, but must not release the permit to the applicant:
ii in the case of an appeal to the Appeal Body, until such time as the appeal has been fully dealt with by the Appeal Body, or the Alberta Court of Appeal in the case of an appeal or leave to appeal of a decision of the Appeal Body, or the appeal has been withdrawn or abandoned.
2 After refusing an application for a development permit application for a discretionary use, whether or not it complies with all of the rules of this Bylaw, the Development Authority must provide written notification of the decision and the reasons for it to the applicant.