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.

1P2009

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 .

13P2008, 51P2008, 75P2008, 1P2009, 32P2012, 44P2013

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Exempt Developments

25        (1)              The following developments do not require a development permit if the conditions of section 24 are met:

(a)        a Home Occupation – Class 1;

(b)        a Home Based Child Care – Class 1;

(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;

(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)         a Special Function – Class 1;

(j)         a Special Function – Class 2:

 (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:

(A)       Brewery, Winery and Distillery;

(A.1)    Conference and Event Facility;

(B)       Drinking Establishment – Large;

(C)       Drinking Establishment – Medium;

(D)       Drinking Establishment – Small;

(E)       Restaurant: Licensed – Large;

(F)       Restaurant: Licensed – Medium;

(G)       Restaurant: Licensed – Small;

(H)       Restaurant: Neighbourhood; or

(I)         Night Club;

(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 potential heritage sites, and:

(i)         the total power generation capacity of all solar collectors on the parcel is 10 kilowatts or less; 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)        Sewage Treatment Plant, Utilities, Water Treatment Plant, and Waste Disposal and Treatment Facility;

(iii)       motor vehicle and pedestrian bridges, unless they are part of the +15 and +30 walkway systems;

(iv)       water, sewage and storm water lines and facilities; and

(v)        landscaping projects, parks, public tennis courts and street furniture;

(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; and

(r)        a Temporary Residential Sales Centre located:

(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.

(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 potential heritage sites;

(b)        an addition to a Contextual Semi-detached Dwelling or a Contextual Single Detached Dwelling;

(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 1.0 metre in height, measured from the lowest grade at any point adjacent to 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)      

Plan

Number

Hectares

(Acres)

More or Less

Subdivision

0212109

5.208

12.87

Subdivision

0212996

0.329

0.81

Subdivision

0310384

5.392

13.32

Subdivision

0310801

0.281

0.69

Road

0410951

0.740

1.83

Subdivision

0411095

5.586

13.80

Subdivision

0413246

3.570

8.82

Subdivision

0413479

2.041

5.04

Subdivision

0513290

4.763

11.77

Subdivision

0610329

10.166

25.1

Subdivision

0614724

6.395

15.8

 

(xiii)      Meridian 5 Range 2 Township 25 Section 8 Quarter South East containing 64.7 hectares (160 Acres) more or less excepting thereout:

 

Plan

Number

Hectares

(Acres)
More or Less

Subdivision

8110054

20.84

51.5

Subdivision

0010707

2.885

7.13

Subdivision

0012144

0.453

1.12

Subdivision

0111064

0.858

2.12

Subdivision

0111261

3.974

9.82

Subdivision

0112249

0.972

2.40

Subdivision

0211588

4.76

11.76

Subdivision

0211922

0.081

0.20

Subdivision

0212109

4.555

11.26

Subdivision

0212265

3.905

9.65

Subdivision

0212996

4.803

11.87

Subdivision

0310801

7.802

19.28

Subdivision

0311537

4.63

11.44

Subdivision

0312428

0.898

2.22

Subdivision

0313145

1.415

3.50

Road

0410951

0.890

2.20

Subdivision

0614724

0.191

0.47

 

(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:

 

Plan

Number

Hectares

(Acres)
More or Less

Subdivision

8110054

7.60

18.78

Subdivision

0110288

1.579

3.90

Subdivision

0310801

3.261

8.06

Subdivision

0311537

0.0002

0.0004

Subdivision

0313145

9.648

23.83

Road

0410951

1.247

3.08

Road

0411502

0.277

0.68

Subdivision

0512903

4.677

11.56

 

(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:

 

 

Hectares

(Acres)

More or Less

A) Plan 0110288 subdivision

4.020

9.93

 

(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.

 

13P2008, 5P2008, 67P2008, 68P2008, 71P2008, 75P2008, 1P2009, 10P2009, 17P2009, 46P2009, 14P2010, 21P2011, 27P2011, 4P2012, 32P2012, 5P2013, 33P2013, 5P2015, 26P2015, 43P2016, 5P2017, 49P2017

 

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25.1     The following developments do not require a development permit:

(a)         Public Transit System;

(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;

(b)        Utilities – Linear;

(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; and

(g)        targeted grazing on City owned lands carried on by, or on behalf of, the City.

1P2009, 4P2012, 32P2012, 11P2014, 37P2017

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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 potential heritage sites; 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, not listed on the City inventory of potential heritage sites 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 potential heritage sites, 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)         Custodial Care;

(b)         Liquor Store;

(c)         Medical Marihuana Counselling;

(d)         Nightclub;

(e)         Pawn Shop; and

(f)          Payday Loan.

(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:

(a)         Addiction Treatment;

(b)         Assisted Living;

(c)         Child Care Service;

(d)         Dwelling Unit;

(e)         Emergency Shelter;

(f)          Home Based Child Care – Class 2;

(g)         Hospital;

(h)         Jail;

(i)           Residential Care;

(j)           School – Private;

(k)          School Authority – School; and

(l)           Temporary Shelter.

(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), (2), (3), (4), (5) and (6) remain in effect until July 1, 2020.

Map 2.1 "Centre City Enterprise Area"

 

30P2017

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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 post in a conspicuous place a notice 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 objects to the proposed development on the parcel may deliver to a Development Authority a written statement of their objection to the development;

(d)        the date by which the objection must be delivered to the Development Authority to be considered by the Development Authority; and

(e)        that the objection must include:

(i)         their full name and the address for service of any notice to be given to the objector in respect of the objection; and

(ii)        the reason for their objection to the proposed development.

(2)              The following uses must always be notice posted:

(a)        Backyard Suite;

(a.1)     Drinking Establishment – Large in the CC-EIR or the CC-ET districts;

(a.2)     Drinking Establishment – Medium in the C-C1, C-COR1, C-COR2, CC-X, CC-COR,  CC-EMUCC-ET, or CC-EIR Districts and in all mixed use districts;

(b)        Drinking Establishment – Small in the M-H2, M-H3, C-N1, C-N2, C-C1, C-COR1, C-COR2, I-E, CC-X or CC-COR, CC-EMU, CC-ETCC-EPR, or CC-EIR  Districts and in all mixed use districts;

(c)        Drive Through in the C-N2, C-C1 or C-COR2 districts;

(c.1)     Home Based Child Care – Class 2;

(d)        Home Occupation – Class 2;

(e)        Liquor Store in the C-N1, C-N2, C-C1, C-COR1, C-COR2, I-E, CC-X, CC-COR, CC-ET, CC-EIR, CC-EMU, or  CC-EPR  Districts and in all mixed use districts;

(e.1)     Medical Marihuana Production Facility;

(f)         Multi-Residential Development in the Developed Area;

(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-N1, C-N2, C-C1, C-COR1, C-COR2, I-E, I-R, S-R, CC-X or CC-COR, CC-ET, CC-EIR, CC-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;

(g.1)     Pawn Shop;

(g.2)     Payday Loan;

(h)        Place of Worship – Large;

(h.1)     Recyclable Construction Material Collection Depot (temporary);

(i)         deleted

(i.1)      deleted

(j)         Social Organizationin the C-N1, C-N2, C-C1, C-COR1, C-COR2, S-CI, CC-CORCC-ET, CC-EMUCC-EIR, CC-EPR, or CC-ERR Districts and in all mixed use districts;

(k)        Waste Disposal and Treatment Facility;

(l)         Wind Energy Conversion System – Type 1; and

(m)      Wind Energy Conversion System – Type 2.

 24P2014, 43P2015, 13P2017

(2.1)          The following uses must be notice posted when adjacent to a parcel containing a Dwelling Unit:

(a)        Digital Third Party Advertising Sign; and

(b)        Digital Message Sign.

4P2013, 38P2013, 33P2013

 

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(3)              The following uses must always be notice posted in a residential district:

(a)        Addiction Treatment;

(b)        Bed and Breakfast;

(c)        Child Care Service;

(d)        Community Recreation Facility;

(e)        Custodial Care;

(f)        Indoor Recreation Facility;

(g)        Library;

(h)        Museum;

(i)         Place of Worship – Medium;

(j)         Place of Worship – Small;

(k)        Residential Care; and

(l)         Service Organization.

(4)              The following uses must always be notice posted in a special purpose district:

(a)        Addiction Treatment;

(b)        Child Care Service;

(c)        Custodial Care;

(d)        Place of Worship – Medium;

(e)        Place of Worship – Small;

(f)         Residential Care; and

(g)        Service Organization.

(5)              The construction of a new building or an addition to a building for the following uses must be notice posted:

(a)        Assisted Living in the Developed Area;

(b)        Duplex Dwelling when listed as a discretionary use;

(c)        Semi-detached Dwelling when listed as a discretionary use;

(d)        Single Detached Dwelling when listed as a discretionary use in the Developed Area;

(d.1)     Rowhouse Building when listed as a discretionary use in the Developed Area; and

(e)        Any discretionary use in the C-N1, C-N2, C-C1, C-COR1, C-COR2, I-E, CC-X, CC-COR, CC-ER, CC-ERR, CC-EMUCC-EIR, CC-EPR, CC-ET and CR20-C20/R20 districts and in all mixed use districts.

(6)              The Development Authority must not notice post any development permit applications not set out in subsections (2), (2.1), (3), (4) or (5).

49P2008, 51P2008, 17P2009, 14P2010, 26P2010, 12P2010, 30P2011, 9P2012, 33P2013, 22P2016, 20P2017

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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.

50P2017

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