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.

(2)              The City may initiate amendments to this Bylaw to change the land use designation of any parcel.

(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:

(a)        the information required by subsection (4) is not provided; or

(b)        the quality of the information provided is inadequate to properly evaluate the application.

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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.

(5)              When the City initiates a change in land use designation for land which it does not own, the City must, in accordance with the requirements of the Municipal Government Act, give notice to the owners of the land that is the subject of the proposed amendment.

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Public Hearing

18        Council must hold a public hearing in respect of a proposed amendment in accordance with the requirements of the Municipal Government Act.

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Reapplication

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.

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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.

(2)              Direct Control Districts must not be used:

(a)        in substitution of any other land use district in this Bylaw that could be used to achieve the same result either with or without relaxations of this Bylaw; or

(b)        to regulate matters that are regulated by subdivision or development permit approval conditions.

(3)              An applicant for a Direct Control District must provide a written statement indicating why, in the applicant’s opinion, a Direct Control District is necessary and why the same results can not be achieved through the use of a land use district in this Bylaw.

(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.

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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;

(c)        Special Function – Class 1;

(d)        Utilities; and

(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:

(a)        Community Entrance Feature;

(a.1)     Home Based Child Care – Class 2 where the listed uses include Single Detached Dwelling;

(b)        Home Occupation – Class 2, where the listed uses include a Dwelling Unit;

(c)        Sign – Class C, Sign – Class D and Sign – Class E;

(d)        Special Function – Class 2 where restaurant, drinking establishment or night club uses are allowed; and

(e)        Utility Building.

(3)              The following uses must only be listed as a use on a parcel that has been designated Direct Control:

(a)        Adult Mini-Theatre;

(b)        Campground;

(c)        Emergency Shelter;

(d)        Fertilizer Plant;

(e)        Firing Range;

(f)         Gaming Establishment – Casino;

(g)        Hide Processing Plant;

(h)        Intensive Agriculture;

(i)         Inter-City Bus Terminal;

(j)         Jail;

(k)        Motorized Recreation;

(l)         Natural Resource Extraction;

(m)      Pits and Quarries;

(n)       Power Generation Facility – Large;

(o)       Race Track;

(p)       Refinery;

(q)       Salvage Processing – Heat and Chemicals;

(r)        Sawmill;

(r.1)     Sewage Treatment Plant when not operated by, or on behalf of, the City;

(s)       Slaughter House;

(t)        Stock Yards;

(u)       Tire Recycling;

(u.1)    Waste Disposal and Treatment Facility when not operated by, or on behalf of, the City; and

(v)        Zoo.

(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.

41P2009, 32P2009, 35P2011, 4P2012. 5P2013, 37P2017

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Reference to Other Bylaws in Direct Control Bylaws

22        (1)              Where a parcel is designated with a Direct Control District:

(a)       pursuant to this Bylaw, a reference to a section of Part 10 of this Bylaw within the Direct Control Bylaw is deemed to be a reference to the section on June 8, 2014, unless the Direct Control District referred to Part 10 of this Bylaw as of the effective date of the Direct Control District Bylaw;

(b)       pursuant to this Bylaw, a reference to a section of any Part other than Part 10 of this Bylaw within the Direct Control Bylaw is deemed to be a reference to the section as amended from time to time, unless a contrary intent is stated in the Direct Control Bylaw; and

(c)              pursuant to a previous land use bylaw and such designation is continued pursuant to this Bylaw, the Direct Control Bylaw, as approved by Council at the time such designation was made, will continue to apply, unless a contrary intent is set out in the Bylaw designating the parcel Direct Control.

(2)              Direct Control Bylaws that were passed pursuant to previous land use bylaws and are denoted on the Land Use District   Maps:

(a)       are hereby incorporated into and form part of this Bylaw as if repeated herein at length; and

(b)       notwithstanding the definitions contained in this Bylaw, each Direct Control Bylaw must assume only those meanings for the terms contained therein that were intended at the date of the original passage.

15P2014

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