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LAND USE BYLAW COMPLAINTS
Presented February 22, 2014 City of Calgary Partners in P t i Planning Pl i g Development D l t Enforcement E f t Course C
LAND USE BYLAW 1P2007 The Land Use Bylaw came into effect on June 1 2008 and its function is to regulate the use of 2008, land within the City of Calgary. Every parcel of land has a land use district designation The rules for each designation designation. describe the Permitted and Discretionary uses for that parcel of land.
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CHARGING SECTION A key portion of the bylaw, Section 23 states: “A development permit is required for every development unless it is otherwise exempted in this division”, “development” includes uses.
COMPLAINT INVESTIGATION PROCESS - Warning notice - Inspection for compliance - Non-compliance results in VT or Order - Compliance – close file
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WARNING NOTICE A Warning Notice, is a letter to the land owner letting them know that an infraction of the Land Use Bylaw has been reported or discovered, what the relevant l t law l says, and d gives a remedy period to bring the land into compliance.
On a residential property, an “Accessory Residential Building” (garage) is a Permitted use, and a “Bed and Breakfast” is a Discretionary use. Any use that is not listed in this designation is not allowed on this parcel of land. land
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DEVELOPMENT COMPLIANCE INSPECTIONS The inspectors in Development Compliance Inspections are tasked with educatingg land owners,, encouraging g g them to comply with the Land Use Bylaw and if necessary, take enforcement action. To aid in the enforcement, all of our Inspectors are sworn Peace Officers.
The Development Compliance Inspectors encounter Land Use Bylaw infractions in the course of their daily duties and they investigate complaints made by members of the public. Following are some of the more common topics for investigation:
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DWELLING UNIT Sec. 188 “Dwelling Unit” (a) means a use: (i) that contains two or more rooms used or designed to be used as a residence by one or more persons; and (ii) that contains a kitchen, living, sleeping and sanitary facilities;
ILLEGAL DWELLING UNITS Average of 1100 illegal Dwelling Unit complaints per year. 1 – 3 months to resolve an illegal Dwelling Unit complaint. Average of 3.25 site visits per illegal Dwelling Unit complaint. 93 % are brought into compliance with regular action.
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KITCHEN
KITCHEN FACILITIES
BATHROOM
SANITARY FACILITIES
COMPONENTS OF A DWELLING UNIT
LIVING FACILITIES
SLEEPING FACILITIES
COMPONENTS OF A DWELLING UNIT
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SECONDARY SUITE A secondary suite is an additional Dwelling Unit with a maximum area of 70 Square meters. Such additional Dwelling Unit may be approved for a basement garage or other basement, building.
HOME OCCUPATIONS Home Occ – Class 1 No more than 3 visits to site per week No non-resident working at the residence No use of the garage or accessory building
Home Occ – Class 2 More than 3 site visits Maximum of 1 non-resident employee working at the residence May use the garage
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FENCE HEIGHT - Maximum height of 2 metres in a side or rear yard - Maximum height of 1.2 metres in an front yard - Maximum height of .75 metres in a corner visibility triangle
STOCKPILING
Stockpiling is only allowed without a Development Permit on the same parcel undergoing excavation, grading or stripping;
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NO DEVELOPMENT PERMIT Sec 23: A development permit is required for every development unless it is otherwise exempted in this division. At this site a change has been made to the building to include this loading area, and a Development Permit is required for such a change
PATIOS, DECKS AND BALCONIES A Patio is an outdoor amenity space with a surface height g less than 0.6 metres A Deck is an outdoor amenity space with a surface height greater than 0.6m A Balcony is an amenity space attached to a building above the first storey floor level
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VEHICLE RELATED ISSUES ON RESIDENTIAL SITES A Recreational Vehicle is allowed in an actual front setback area for a maximum of 24 hours A Large Vehicle may only remain while actively engaged in loading or unloading A Trailer in the actual front setback area may only remain while actively engaged in loading or unloading No Vehicles may be parked on the grass in the actual front setback area
VEHICLES Recreational Vehicle
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VEHICLES Large vehicles
VEHICLES Trailers
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VEHICLES Vehicle on the grass in the front yard
SKATEBOARD RAMP
Skateboard ramps are not permitted on a residential parcel
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GARAGE SALES Defined as a ‘Personal Sale’ it also covers yard sales, moving sales and estate sales Allowed for a maximum of eight days in any calendar year
PRIVACY WALL
Section 340 (3) A balcony attached to a Semi-detached Dwelling, Rowhouse or Townhouse within 1.2 metres of a party wall must have a solid privacy wall
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PRIVACY WALL FRONT YARD
338.1 (3), a privacy wall may be located on a patio, provided it does not exceed a height of 2.0 metres when measured from the surface of the patio.
SIGNS Pedestrian Signs
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Banner
Digital third party advertising signs
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Window signs
Free standing sign
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Inflatable signs
RETAINING WALLS
(121) “retaining wall” means a structure constructed to withstand lateral pressure in order to hold back earth, loose rock, or similar materials.
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ACCESSORY RESIDENTIAL BUILDINGS
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MULTIPLE USE INFRACTIONS A complaint on this property could lead to investigations on many topics including Large Vehicles, Trailers on residential property or illegal Home Occupation.
Thank you for your attention
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