BYLAW 1P2007

 

A BYLAW TO REGULATE

THE DEVELOPMENT AND USE OF LAND

IN THE CITY OF CALGARY

 

WHEREAS the Municipal Government Act requires every municipality to pass a land use bylaw which may prohibit, regulate and control the use and development of land and buildings in a municipality;

 

AND WHEREAS Council has held a public hearing in accordance with the requirements of the Municipal Government Act;

 

NOW THEREFORE THE COUNCIL OF THE CITY OF CALGARY ENACTS AS

FOLLOWS:

 

41P2009

 

PART 1: INTERPRETATION OF THIS BYLAW

Division 1: General Interpretation

 

Short Title

1          This Bylaw may be cited as "the Land Use Bylaw".

Repeal of Bylaw 2P80 and Coming into Force of Bylaw 1P2007

2          (1)             The City of Calgary Land Use Bylaw, 2P80, as amended, is hereby repealed and will cease to have effect on the day this Bylaw comes into force.

(2)             This Bylaw comes into force on the 1st day of June, 2008.

(3)             Notwithstanding (2) above, the Municipal District of Rocky View No. 44 Land Use Bylaw, Bylaw C-4841-97, will apply to applications for a development permit 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.

13P2008

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Content

3          This Bylaw includes the:

(a)              Schedules appended hereto;

(b)              Land Use District Maps deposited with the City Clerk;

(c)              Floodway/Flood Fringe Maps deposited with the City Clerk;

(d)              Floodway/Floodplain Maps deposited with the City Clerk;

(e)              Developed Area and Developing Area Maps deposited with the City Clerk;

(f)               Parking Areas Map deposited with the City Clerk; and

(g)              Bonus Area Boundaries Map deposited with the City Clerk.

51P2008

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Map 1: Application of Land Use Bylaw 1P2007 - deleted

 

33P2013, 51P2008, 26P2010, 31P2011

 

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Land Use Districts and Land Use District Maps

4          (1)             The City is divided into land use districts, the boundaries of which are shown on the Land Use District Maps.

(2)             deleted

(3)             deleted

(4)             deleted

(5)             The Land Use District Maps, as may be amended by Bylaw from time to time, will be deposited with the City Clerk.

(6)              In this Bylaw, a land use district may be referred to by its full name or abbreviation as referenced in the title of each District.

(7)             Where this Bylaw refers to a rule or requirement relating to a parcel that is designated a particular land use district, it must be read to include a parcel that is designated Direct Control based on that land use district unless the Direct Control Bylaw indicates a contrary intent.

31P2009, 51P2008, 26P2010, 33P2013

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Interpreting the Land Use District Maps

5          (1)             Despite the land use district shown on the Land Use District Maps, for the purpose of this Bylaw roads must only be used for:

(a)        the passage of motorized and non-motorized vehicles;

(b)        the passage of pedestrians;

(c)        the placement of public and private utilities authorized by the City; and

(d)        activities pursuant to the Calgary Traffic Bylaw and Street Bylaw.

(2)             Concurrent with the closure of a road, Council must consider a corresponding land use redesignation.

(3)             Despite the land use district shown on the Land Use District Maps, water bodies under the jurisdiction of the Crown in right of the Province of Alberta or Canada are not regulated by this Bylaw.

22P2016

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Requirements of Other Legislation

6          Compliance with this Bylaw does not exempt any person from the requirements of any Federal, Provincial or Municipal legislation, approval process, licensing or permitting regime, or other Bylaw.

Referenced Legislation

7          (1)             Where the following enactments and Bylaws are referred to in this Bylaw, the reference is to the enactment or Bylaw as may be amended from time to time, or to any enactment or Bylaw passed in substitution therefore.

(1.1)            “+15 Policy” means the +15 Policy, October 1984.

(2)              "Building Permit Bylaw" means the Calgary Building Permit Bylaw, 64M94.

(3)              "Calgary International Airport Vicinity Protection Area Regulation" means the Calgary International Airport Vicinity Protection Area Regulation, A/R 318/79.

(4)              "Calgary International Airport Zoning Regulations" means the Regulations Respecting Calgary International Airport, pursuant to the RSC, Aeronautics Act, 1985, c.A-2.

(5)              "Calgary Traffic Bylaw" means The Calgary Traffic Bylaw, 26M96.

(6)              "Controlled Streets Bylaw" means The Controlled Streets Bylaw, 12M80.

(6.1)           "Highways Development and Protection Act", means the Highways Development and Protection Act,  S.A. 2004.

(6.2)           "Historical Resources Act", means the Historical Resources Act, R.S.A. 2000.

(7)              "Licence Bylaw" means The Business Licence Bylaw, 32M98.

(8)             "Municipal Government Act" means the Municipal Government Act, R.S.A. 2000, c.M-26.

(9)             "Municipal Planning Commission Bylaw" means The Calgary Planning Commission Bylaw, 28P95.

(9.1)           ”Parks and Pathways Bylaw”, means the Parks and Pathways Bylaw, 20M2003.

(10)           "Post-secondary Learning Act" means the Post-secondary Learning Act, S.A. 2003, c.P-19.5.

(11)           "Provincial Offences Procedure Act" means the Provincial Offences Procedure Act, R.S.A. 2000, c.P-34.

(12)           "Safety Codes Act" means the Safety Codes Act, R.S.A. 2000, c.S-1.

(13)           "School Act" means the School Act, R.S.A. 2000, c.S-3.

(13.1)         “Street Bylaw” means the Street Bylaw, 20M88.

(14)           "Subdivision and Development Appeal Board Bylaw" means The Subdivision and Development Appeal Board Bylaw, 25P95.

(15)            "Subdivision and Development Regulation" means the Subdivision and Development Regulation, A/R 43/2002.

(16)           "Surveys Act" means the Surveys Act, R.S.A. 2000, c.S-26.

(17)           "Transportation Bylaw" means The City of Calgary Transportation System Bylaw, 40M2009.

(18)            "Waste Bylaw" means the Waste Bylaw, 20M2001.

26P2010, 4P2012, 9P2012, 33P2013, 22P2016, 56P2017

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Forms of Words

8          In this Bylaw:

(a)        words in the singular include the plural, and words in the plural include the singular;

(b)        words using masculine gender include feminine gender, and words using feminine gender include masculine gender;

(c)        words in either gender include corporations;

(d)        a word or expression, other parts of speech and grammatical forms of the same word or expression have corresponding meanings;

(e)        "may" is to be construed as permissive and empowering;

(f)        "must" is to be construed as a compulsory obligation;

(g)        "required" is to be construed as a compulsory obligation;

(h)       a "person" includes an individual, partnership, association, body corporation, trustee, executor, administrator and legal representative of a person; and

(i)         an "individual" does not include a corporation or other types of persons who are not human beings.

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Purpose Statements

9          (1)             The purpose statements in each land use district are included to illustrate the intent of the land use district.

(2)             The purpose statement relating to signs referenced in Part 3, Division 5 are included to illustrate the hierarchy of signs and the opportunity for signage on buildings and parcels.

(3)             The purpose statements of a District are general and all characteristics need not be met to satisfy the intent of the District.

(4)             Where a provision is capable of two or more meanings, it must be given the meaning that is most consistent with the attainment of the purpose of the land use district.

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Reference Aids

10        (1)             For ease of reference:

(a)        words that are capitalized and bold denote uses defined in Part 4;

(b)        words that are italicized and bold denote terms defined in Part 1; and

(c)        all other words must be given their plain and ordinary meaning as the context requires.

(2)              Headings are for ease of reference only and do not affect the meaning of the provisions to which they relate.

(3)              deleted

(4)              deleted

51P2008, 26P2010, 33P2013

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Validity of Provision

11        Every provision of this Bylaw is independent of all other provisions, and if any provision of this Bylaw is declared invalid, for any reason, by a Court of competent jurisdiction, all other provisions of this Bylaw shall remain valid.

Rounding Numbers

12        Only for the purpose of confirming compliance with this Bylaw in terms of building placement on a parcel and building projection over setback areas, measurements of existing buildings shall be rounded off to the same number of significant figures as set out in this Bylaw.

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