Glossary of terms

Definitions

The following Glossary of Terms is for general information purposes only. Please note this information is subject to change without notice. It is your responsibility to ensure the accuracy and relevance of legislative and regulatory references contained in this document before relying on them. In this document, where any procedure is in conflict with the legislation, the legislation takes precedence. The City of Calgary and the SDAB bear no responsibility for losses or damage arising from anyone relying on this document.

Adjournment Request - a request made by an Appellant, Applicant, Development/Subdivision Authority, landowner, community association or affected person to postpone an appeal to a future hearing.

Affected Person - the term affected person is not defined in theMunicipal Government Act. The Board determines affected persons on a case-by-case basis. For example, an affected person could be someone who feels the enjoyment, use or value of their property may be affected by the proposed development. The onus is on the person to show they are affected by the development.

All appeals are advertised in the paper and any party who feels they will be affected by the proposed development has the right to appear before the Board and explain why they are affected. The Board will then make a determination as to whether that person is an "affected person" with respect to the proposed development.

Appellant - individual, agent or business who has filed a Notice of Appeal.

Applicant - individual, agent or business who applied for the original Development Permit or Subdivision application. In the case of an appeal against a Notice of Order, there is no Applicant.

Area Redevelopment Plan (ARP) - statutory document that identifies and achieves the planning goals and objectives of residents and businesses in a community. It incorporates citywide interests into the local community context, such as new roads and citywide policies and addresses land use designations, transportation issues, redevelopment, etc.

Area Structure Plan (ASP) - statutory document that sets the general framework for turning undeveloped areas into new suburban development; addresses such matters as transportation (major roads and connections), servicing networks, location of schools, parks and commercial sites and the density and types of uses allowed.

Block Plan - a "bird's eye view" of the outside of building foundations located on sites surrounding the one on which an application is being made.

Building Envelope - the three dimensional space within which a building may be built.

Calgary Planning Commission (CPC) - a body authorized by the Municipal Government Act to make Development Permit and Subdivision decisions and recommendations on planning matters. Also makes recommendations to City Council on land use amendments, road closures, and disposition of reserves. It acts as the Development Authority on outline plans, some subdivision matters and development matters, such as multi-family development (30+ units), large shopping centres, churches. An appeal of a CPC decision can be made to the SDAB regarding development matters.

Change of Use - a type of Development Permit required when the use is changing from a permitted use to a discretionary use (e.g. restaurant to drinking establishment in C-2) or one discretionary use to another discretionary use (e.g. child care facility to private school in C-2).

Development Authority - officials of The City of Calgary Corporate Planning Applications Group charged with the responsibility of administering the Land Use Bylaw as well as deciding upon applications for Development Permits and issuing Enforcement Orders.

Development Permit - a permit authorizing a development, issued by the Development Authority that includes plans and conditions of approval and establishes form, intensity and appearance.

Enforcement Order - issued by a Development Authority when a development or use of a land is in contravention of the rules of the Land Use Bylaw and exists without benefit of a Development Permit.

Established Communities - those communities identified in Section 20(24) of the Land Use Bylaw as being subject to the Special Rules for Infill Development

Evidence - oral, written or visual materials presented at an SDAB hearing in support of a given position. The SDAB is required to retain any written or visual evidence presented to the Board for a period of 60 days.

Home Occupation - a small business operated by a resident out of a home or garage.

Infill or Infill Development - development or redevelopment occurring on a vacant site following completion of the initial development of the area.

Land Use Bylaw 1P2007 (LUB) - Bylaw enacted in 2007 that prohibits, regulates and controls the use and development of land and buildings within the City of Calgary. Establishes categories of land use including residential, commercial, industrial and special.

Land Use Bylaw 2P80 (LUB) - Bylaw enacted in 1980 that prohibits, regulates and controls the use and development of land and buildings within the City of Calgary. Establishes categories of land use including residential, commercial, industrial and special. Describes permitted and discretionary uses for each land use district. Conditions that may be imposed on permitted uses are limited to those specified in the Bylaw.

Land Use Bylaw 8600 - Bylaw enacted prior to 1980 that prohibits, regulates and controls the use and development of land and buildings within the City of Calgary.

Land Use Designation - the legal control on the use and intensity of development on a parcel of land (not on the design of a project).

Land Use District - types of land uses listed in the Land Use Bylaw. Examples include residential, commercial, industrial and special districts.

Land Use Amendment - a change of land use designation that is approved at a public hearing of City Council.

Land Use Designation - the legal control of the use and intensity of development on a parcel of land.

Low Density Residential Guidelines for Established Communities (Infill Housing Guidelines) - a non statutory planning document approved by City Council in 1988. It establishes general design guidelines to preserve the overall fabric of older communities and sets out the approval procedures and public consultation process related to low density residential infill and renovation development in Established Communities. It also provides a comprehensive package of information on infill development to assist communities and residents in their review of applications.

Municipal Development Plan (MDP) - the senior strategic planning document guiding growth and development in Calgary. It has policies relating to transportation, housing, economic activity, recreation, environment and social issues. It also provides the strategic framework for more detailed and specific plans, policies and programs.

Municipal Government Act, Part 17, Planning & Development (MGA) - the provincial legislation that sets out the procedures, types of arguments that can (and cannot) be considered on planning decisions and the rules that govern various planning processes. Replaced the Planning Act in 1995.

Non-Statutory Planning Study - a non-statutory study that contains non-binding policies approved by Council but not adopted by bylaw (e.g. Low Density Residential Housing Guidelines for Established Communities).

Notice of Hearing - as per the Municipal Government Act, the SDAB administration is required to provide notice of an SDAB hearing to persons considered affected by an appeal. Such persons include the Appellant, owner of the subject property, the Applicant of either the subdivision or development application and all other persons the Board considers affected by the development. In addition, the Board's policy with respect to Development Permit appeals is that the applicable community association and persons who own property within a radius of 200 feet or 60 metres are considered affected and are required to be notified. With respect to subdivision appeals, the adjacent landowners are the persons typically notified.

Onus of Proof - on a Development Permit or Subdivision application, the person who filed the appeal (Appellant) is responsible for proving their case. The burden of proof does not lie with the Development Authority or the Applicant (in the case of an approved application). With regard to appeals on a Notice of Order, the onus of proof lies with the Development Authority, because the matter is prosecutorial in nature.

Preliminary Issue - these issues typically pertain to matters that may affect the Board's jurisdiction, such as appeal validity, affected party status and hearing notification. These issues are normally dealt with prior to the presentations of the Development Authority, Appellant, Applicant, etc., and typically do not pertain to the merits of the appeal.

Quasi-judicial - describes the function of a tribunal that acts like a court by making decisions involving the rights of parties, but is not bound by the rules of a court. The SDAB is a quasi-judicial board. The Board's judgement must be exercised on the specific facts of the case based on the evidence presented.

Quorum - the minimum number of members who must be in attendance. In order for the SDAB to hear an appeal, it must have a quorum of five (5) members in attendance.

Real Property Report (RPR) - a legal document that shows the location of all visible public and private improvements relative to property boundaries. A RPR is submitted for a Certificate of Compliance or a subdivision where existing structures will remain. RPR replaced the old Surveyor's Certificate in 1987.

Rebuttal - is the opportunity to directly refute evidence or statements made by others that you could not reasonably have anticipated during your presentation. It is not the opportunity to re-argue your case or present new evidence.

Relaxation - a contravention of Land Use Bylaw 2P80. For example, a residential rear deck is required to be a minimum of 6 metres from the rear property line. A development application proposing a deck setback of 5 metres would represent a 16.7% or 1 metre relaxation of the Land Use Bylaw minimum.

Site Plan - "bird's-eye" drawing of the land on which an application is being made. The site plan should include the yard, existing trees, proposed buildings, etc.

Statutory Plan - a plan that is required by the Municipal Government Act, Part 17, Planning & Development, passed by bylaw and must be adhered to by subordinate plans and planning approvals. These plans can only be changed by amending the bylaw.

Streetscape Plan - drawing of the front view (elevation) of two or three buildings either side of the proposed building, required for some Development Permits.

Subdivision Authority - bodies or City staff that are empowered to make decisions on subdivision matters: the Calgary Planning Commission, the Chief Subdivision Planner, and/or the Subdivision & Development Appeal Board.

Zoning - see land use designation.

The information contained herein is intended for information purposes only and should not be construed as legal advice. For certainty, you should consult the Municipal Government Act and other related statutes and regulations.