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;
(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)
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).
(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;
