The City of Calgary Land Use Bylaw 1P2007

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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:

a any plans and policies affecting the parcel;

a.1 climate mitigation and climate adaptation;

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b the purpose statements in the applicable land use district;

c the appropriateness of the location and parcel for the proposed development;

d the compatibility and impact of the proposed development with respect to adjacent development and the neighbourhood;

e the merits of the proposed development;

f the servicing requirements;

g access, parking and transportation requirements;

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h vehicle and pedestrian circulation within the parcel;

i the impact on the public transit system; and

j sound planning principles.

Discretionary Use That Does Not Comply

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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

b the proposed development conforms with a use prescribed by this Bylaw for that land or building.

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:

a actions to be performed or carried out prior to the release of the development permit;

a.1 climate mitigation and climate adaptation;

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b the construction or maintenance of the proposed development in accordance with the approved plans;

c the appropriate performance of a use;

d an environmental site assessment;

e the time or times a use may be carried out;

f phasing of the development;

g limits imposed on the development;

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.

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h bonusing requirements;

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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

j the furtherance of sound planning principles.

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;

b to construct or pay for the construction of:

i a pedestrian walkway system to serve the development; or

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

iii both (i) and (ii).

c to install or pay for installation of public utilities, other than telecommunications systems or works, that are necessary to serve the development;

d to construct or pay for the construction of:

i off-street or other parking facilities; and

ii loading and unloading facilities.

e to pay an off-site levy or redevelopment levy; and

f to give security to ensure that the terms of the agreement under this section are carried out.

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.

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a require additional information as necessary to mitigate the impact of a potential train derailment and noise impact associated with freight rail operations; and

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:

a publish a notice online for the public stating the location and use of the parcel for which the application has been approved; and

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b endorse the development permit as of the date of the decision, but must not release the permit to the applicant:

i before the 21 day appeal period referred to in the Municipal Government Act has expired; or

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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.

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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.