The City of Calgary Land Use Bylaw 1P2007
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PART 2: ADMINISTRATION
Division 6: General Provisions Relating to Development Permits
Applications the Development Authority Must Refuse
40
The Development Authority must refuse a development permit application when the proposed development:
a
is for a use that is not listed as either a permitted or discretionary use in the governing land use district;
c
exceeds any of the following requirements where they are specified on a Land Use District Map except where a development exceeds the following requirements because a portion of the parcel was acquired by the City for a municipal purpose in accordance with section 27.1:
c.1
exceeds the maximum building height when specified on a Land Use District Map except where portions of the building exceed the maximum building height due to:
d
does not meet the minimum area requirement to accommodate commercial multi-residential uses in the M-X1 and M-X2 Districts unless the parcel is located in the Developing Area and was designated M-X1 or M-X2 prior to 2010 November 25;
e
is for either a Contextual Semi-detached Dwelling, Contextual Single Detached Dwelling or a Multi-Residential Development — Minor, and does not comply with all the requirements and rules of this Bylaw;
f
is for any sign containing a digital display that would display copy shown on the digital display using full motion video, or otherwise gives the appearance of animation or movement;
h
is for a Liquor Store in any district, other than the C-R2, C-R3 and CR20-C20/R20 Districts, that requires more than a 10 per cent relaxation of a minimum separation distance specified in subsections 225(d) or 225(e), except where the development permit is for:
i
the expansion or alteration of an existing approved Liquor Store or renewal of approval of a previously approved development permit for a Liquor Store; or
ii
an existing approved Liquor Store that proposes to move to a new location not within a minimum separation distance specified in subsections 225(d) or 225(e), excluding the distance from the original location of the existing approved Liquor Store;
i
within 200 metres of another existing approved Pawn Shop where the development permit is for the expansion or alteration of an existing approved Pawn Shop or renewal of a previously approved development permit for a Pawn Shop; or
j
is for a Payday Loan located within 90 per cent of a minimum separation distance specified in subsection 254.1(c);
k
is for a Cannabis Store located within 90 per cent of a minimum separation distance specified in subsection 160.3(i); or
iii
is located closer to a Freestanding Sign or another Third Party Advertising Sign, or Digital Third Party Advertising Sign than is indicated in subsection 13(103.1).
Applications That May Only Be Considered in a Direct Control District
41
Where this Bylaw provides that a use may only be a listed use in a Direct Control District, the Development Authority must refuse a development permit if it proposes the use in a District other than a Direct Control District which lists the use.
Administrative Cancellation of an Application
41.1
1
In the case of an inactive or non-responsive application the General Manager may, in his or her sole and unfettered discretion, cancel a development permit application subsequent to acceptance, where he determines that the information provided is not adequate for the Development Authority to properly evaluate the application.
2
The General Manager must provide written notice of the cancellation of the development permit application including reasons for the decision to the applicant.
3
The fees associated with a development permit application cancelled by the General Manager may be refunded.
Term of a Development Permit
42
A development permit remains in effect until:
c
it lapses upon the failure of the applicant to commence development as required under this Division.
Suspension or Cancellation of a Development Permit
43
1
The Development Authority may suspend or cancel a development permit following its approval or issuance if:
b
facts have not been disclosed which should have been at the time of consideration of the application for the development permit;
e
the applicant requests, by way of written notice of the Development Authority, the cancellation of the development permit, provided that commencement of the use, development or construction has not occurred; or
f
the Development Authority cancels a development permit for a use after it has commenced, to allow the same use in a new location that would otherwise not be allowed by a location distance rule when measured from the original location of approval.
2
If the Development Authority suspends or cancels a development permit, the Development Authority must provide written notice of the suspension or cancellation to the applicant.
3
Upon receipt of the written notice of suspension or cancellation, the applicant must cease all development and activities to which the development permit relates.
Commencement of Development
44
1
Where a development permit is for a change of use, a change of intensity of use or both, development must commence within one year of the date of approval of the development permit.
2
For the purpose of subsection (1), development commences when the applicant begins occupying the parcel and operating the use which was approved by the development permit.
3
Where a development permit is for construction, or for construction combined with a change of use, a change in intensity of use or both, development must commence within:
b
three years of the date of approval of the development permit, on parcels designated DC Direct Control, unless otherwise directed by Council; and
c
two years of the date of approval of the development permit on parcels designated as any other District.
4
For the purpose of subsection (3), development commences when the applicant has altered the parcel in furtherance of the construction.
b
fencing a site, posting signage, obtaining permits and minor interior demolition are not alterations of the parcel.
b
in the case of an appeal to the Appeal Body, the date upon which the Appeal Body, renders a written decision approving the development permit application; or
c
In the case of an appeal or leave to appeal to the Court of Appeal, the date the judgement roll or decision of the court is filed with the Court of Appeal allowing the development to proceed pursuant to an approved development permit.
8
The General Manager may grant a request to extend the date before which development must commence as specified in this Land Use Bylaw or any previous bylaw governing land use within the City provided:
d
the request is made in writing on a form approved by the General Manager and must be submitted with the fee as prescribed by resolution of Council; and
8.1
Notwithstanding 44 (8) (a), the General Manager may grant a request to extend the date before which development must commence for a change of use to a Cannabis Store solely for the purposes of accommodating a moratorium on the issuance of licenses from the Province, provided:
c
the request is made in writing on a form approved by the General Manager and must be submitted with the fee as prescribed by resolution of Council; and
Commencement of Construction
45
The approval of a development permit application and the release of a development permit does not authorize construction to either commence or continue except in conjunction with all other required permits.
Reapplication for a Development Permit
46
Where a development permit application has been refused, the Development Authority must not accept an application for the same or similar development within six months of the date of decision except where the proposed development is for a permitted use that conforms to all of the applicable requirements and rules of this Bylaw.
Development Completion Permit
47
1
When a development permit is required, a development completion permit must be issued before the development can be occupied or a use commenced.
2
The General Manager must determine which developments and uses do not require a Development Completion Permit, which may be amended from time to time.
3
The Development Authority must advise an applicant for a development permit if the proposed development or use requires a Development Completion Permit.
4
An application for a Development Completion Permit must be made on a form approved by the General Manager and must be accompanied by two copies of a surveyor's certificate.
5
An applicant for a Development Completion Permit must ensure the development or use is available for inspection by a Development Inspector during the Inspector's normal work day to confirm the development is completed in accordance with the development permit, and, upon request by the Development Inspector, the applicant must attend the inspection, produce any documents the Development Inspector feels are necessary for the inspection, and must not hinder the inspection in any way.
6
Where a Development Authority is satisfied that the development has been completed in accordance with all of the requirements of the development permit, the Development Authority may issue a Development Completion Permit for the development.
7
Where a Development Authority is not satisfied that a development has been completed in accordance with all of the requirements of the development permit, the Development Authority may:
a
issue a Development Completion Permit upon receipt of a letter of credit or other security in an amount and form acceptable to the Development Authority, in order to ensure fulfilment of the outstanding requirements of the development permit; or
Appeals of Decisions on Development Permits
48
1
Appeals in respect of decisions on development permit applications are governed by the Municipal Government Act.
2
The Appeal Body must ensure that notice of a hearing of an appeal to the Appeal Body is published at least five days prior to the date of the hearing.
3
If the decision of the Development Authority to refuse a development permit is reversed by the Appeal Body, the Development Authority must endorse the development permit in accordance with the decision of the Appeal Body.
4
If the decision of the Development Authority to approve a development permit application is reversed by the Appeal Body, the development permit is null and void.
5
If a decision of the Development Authority to approve a development permit is upheld by the Appeal Body, the Development Authority must release the development permit upon completion of any outstanding prior to release conditions.
6
If any decision of the Development Authority is varied by the Appeal Body, the Development Authority must endorse a development permit reflecting the decision of the Appeal Body and act in accordance therewith.