Alberta Regulation 163/2021

Municipal Government Act

CALGARY INTERNATIONAL AIRPORT

VICINITY PROTECTION AREA

AMENDMENT REGULATION

Filed: September 10, 2021

For information only: Made by the Minister of Municipal Affairs (M.O.

MSD:072/21) on August 27, 2021 pursuant to

section 693 of the Municipal

Government Act.

1 The Calgary International Airport Vicinity Protection Area

Regulation (AR 177/2009) is amended by this Regulation.

Section 1 is amended

(

a) in clause (c)

(

i) by repealing subclause (iii);

(ii) in subclause (iv) by striking out "subclauses (

i) to

(iii)" and substituting "subclause (

i) or (ii)";

(

b) by repealing clause (d)(iii).

Section 6 is repealed and the following is substituted:

Duty of municipality

6(1) A municipality must refer a copy of any application it receives

for a subdivision of land or a development permit relating to land in

the Protection Area in a NEF Area of 30 or more, where the use of

the land will change as a result of the application being approved, to

the Airport Operator.

(2) Before adopting a statutory plan or land use bylaw, or an

amendment of either, that relates to land in the Protection Area, a

municipality must refer the statutory plan or land use bylaw, or the

amendment, to the Airport Operator.

4 The following is added after

section 8:

Expiry

8.1 For the purposes of ensuring that this Regulation is reviewed

for ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on June 30, 2026.

Schedule 1 is repealed and the following is substituted:

Schedule 1

Calgary International Airport Vicinity

Protection Area

The Calgary International Airport Vicinity Protection Area consists of

the lands described in this Schedule, but does not include the airport

lands.

In township 24, range 29, west of the 4th meridian:

Northeast quarter of

section 4;

Sections 9, 16 and 21;

West half of

section 22;

West half of

section 27;

Sections 28 and 33;

Southwest quarter and north half of

section 34.

In township 25, range 29, west of the 4th meridian:

Southwest quarter of

section 2;

Sections 3, 4, 9, 10, 15, 16, 21, 22, 27, 28 and 33;

Southeast quarter and west half of

section 34.

In township 26, range 29, west of the 4th meridian:

West half of

section 3;

Sections 4 and 9;

Southwest quarter and east half of

section 16;

Southeast quarter of

section 21.

In township 23, range 1, west of the 5th meridian:

Northwest quarter of

section 36.

In township 24, range 1, west of the 5th meridian:

West half of

section 1;

East half of

section 2;

East half of

section 11;

Northeast quarter and west half of

section 12;

Section 13;

East half of

section 14;

East half of

section 23;

Sections 24 and 25;

Southeast quarter and north half of

section 26;

Northeast quarter of

section 34;

Sections 35 and 36.

In township 25, range 1, west of the 5th meridian:

Sections 1 and 2;

Northeast quarter of

section 10;

Sections 11, 12, 13, 14 and 15;

Southeast quarter of

section 22;

Sections 23, 24 and 25;

East half of

section 26;

East half of

section 35;

Section 36.

In township 26, range 1, west of the 5th meridian:

Section 1;

East half of sections 2 and 11;

West half of sections 12 and 13.

Schedule 2 is repealed and the following is substituted:

Schedule 2

Schedule 3 is amended

(

a) by repealing sections 2 and 2.1;

(

b) by repealing

section 2.2(1) and substituting the

following:

Residential subdivision and development a permitted use - Mayland

Heights and Vista Heights

2.2(1) This

section applies to the following land within the NEF

30-35 Area:

Plan

Block

Lot

Mayland Heights

350JK

15, 16, 17, 18, 19

4430AC

2, 3, 6, 7, 10, 11

4430AC

2, 3, 6, 7, 10, 11, 14, 15,

18, 19

4430AC

1, 2, 3, 4, 5, 6, 7, 8, 9, 10,

11, 12, 14, 15, 18, 19

4430AC

2, 3, 6, 7, 10, 11, 15, 18, 19

4430AC

1, 2, 3, 4, 5, 6, 7, 8, 9, 10,

11, 12, 13, 14, 15-18, 19,

20, 21, 22, 23, 24

4430AC

1, 2, 3, 4, 5, 6, 7, 8, 9

4430AC

1, 2, 3, 4, 7, 8, 9, 10, 11, 12

4430AC

1, 2, 3, 4, 5, 6, 7, 8, 9, 10,

11, 12, 13, 14, 15, 16, 17,

18, 19, 20, 21, 22, 23, 24

4430AC

4430AC

1, 2, 3, 4, 5, 6, 7, 8, 9, 10

4430AC

1, 2, 3, 4, 5, 6, 7, 9, 10, 11,

12, 13, 14, 15-17, 18, 19,

20, 21, 22, 23, 24

4430AC

1, 2, 3, 4, 5, 6, 7, 8, 9, 10,

11, 12

4430AC

1, 4, 5, 8, 9, 12, 13

4430AC

1, 4, 5, 8, 9, 12, 13, 16, 17,

20, 21, 24

4430AC

1, 4, 9, 12, 13, 16, 17, 20

4430AC

4, 5, 8, 9, 12, 13, 16, 17, 20

6852HL

6852HL

25, 26

6852HL

6852HL

25, 27, 28

6852HL

6852HL

5, 8, 21

6852HL

6852HL

6852HL

1-5, 6, 7, 8, 9, 10, 11, 12,

13, 14, 16

6852HL

1, 2, 3, 4, 5, 6, 7, 8

6852HL

1, 2, 3, 4, 5, 6, 7, 8, 9, 10

8431HJ

1, 2, 3, 4, 5, 6, 14, 15, 21,

14, 15

16, 17

29, 30

25, 26

20, 21, 22, 23, 24, 25, 27

18, 19

13A

17, 18

Vista Heights

98, 99

1065JK

1, 2-17, 18

1065JK

29, 30-33, 34, 35, 36, 37,

38, 39, 40, 41, 42, 43, 44,

45, 46-57, 58, 59-68, 69,

70, 71, 72, 73, 74, 75, 76,

77-86, 87, 88- 93, 95, 96

1065JK

1, 2, 3, 4, 5-10, 11, 12-15,

16, 17, 18-20, 21, 22, 23,

24, 25

1065JK

1, 2, 3, 4, 5-19, 20

4347JK

1, 2, 3, 4, 5, 6, 7, 8, 9, 10,

11, 12, 13, 14, 15, 16-21,

22, 23, 28-35, 36, 37, 38,

39, 40, 41, 42, 43, 44, 45,

46, 47, 48, 49, 50, 51, 52,

53, 54, 55, 56

4347JK

1, 2, 3, 4, 5, 6, 7, 8, 9, 10,

11, 12, 13, 14, 15, 16, 17

4347JK

1, 2, 3, 4, 5, 6, 7-9, 10, 11,

12, 13, 14, 15, 16, 17-19,

(

c) by adding the following after

section 2.3:

Other permitted uses

2.4(1) This

section applies to the following land within the NEF

30-35 Area:

Plan

Block

Lot

CONDOMINIUM

PLAN 0611343

N/A

UNIT 1, UNIT 3-UNIT 7,

UNIT 9-UNIT 11, UNIT 13,

UNIT 14, UNIT 16, UNIT 17,

UNIT 19-UNIT 30

CONDOMINIUM

PLAN 0611843

N/A

UNIT 1-UNIT 3

CONDOMINIUM

PLAN 0812921

N/A

UNIT 8-UNIT 11,

UNIT 14-UNIT 18

DESCRIPTIVE

PLAN 1111286

6, 7

5, 7, 9

1, 2, 3

CONDOMINIUM

PLAN 7810395

N/A

UNIT 1-UNIT 6, UNIT 8,

UNIT 10

44, 46-53

5PUL

(2) Despite any other provision of this Regulation, subdivision and

development for the following uses are permitted within the NEF

30-35 Area with respect to the land described in subsection (1), subject

to compliance with any applicable statutory plan and land use bylaw

and the acoustical requirements set out in the Alberta Building Code:

(

a) residences;

(

b) schools;

(

c) medical care facilities.

Other permitted uses

2.5(1) This

section applies to the following land within the NEF

35-40 Area:

Plan

Block

Lot

154LK

5060AK

N/A

CONDOMINIUM

PLAN 0414236

N/A

UNIT 1-UNIT 3, UNIT 5,

UNIT 8-UNIT 12

2, 13, 14

(2) Despite any other provision of this Regulation, subdivision and

development for the following uses are permitted within the NEF

35-40 Area with respect to the land described in subsection (1), subject

to compliance with any applicable statutory plan and land use bylaw

and the acoustical requirements set out in the Alberta Building Code:

(

a) day cares;

(

b) halls and auditoriums;

(

c) places of worship;

(

d) outdoor exhibitions and fairgrounds;

(

e) outdoor spectator entertainment/sports facilities.

(

d) by repealing

section 3;

(

e) in

section 4

(

i) by repealing subsection (1) and substituting

the following:

Prohibited uses

4(1) A land use shown in Column 1 of the following table is

prohibited on land that is located in a NEF Area shown in Column 2, 3,

4 or 5 of the table if the expression "PR" appears in that column

opposite that land use:

TABLE

Column 1

Col. 2

Col. 3

Col. 4

Col. 5

Land Uses

NEF

40+

Area

NEF

35-40

Area

NEF

30-35

Area

NEF

25-30

Area

Residences

Schools

Day cares

Clinics

Medical care facilities

Halls and auditoriums

Places of worship

Outdoor eating establishments

Outdoor exhibition and

fairgrounds

Outdoor spectator entertainment/

sports facilities

Campgrounds

(ii) by adding the following after subsection (3):

(4) Subject to subsection (2), a land use that is not

identified as prohibited in subsection (1) is permitted in any

NEF area.

(

f) by repealing

section 5 and substituting the

following:

Use of land where parcel located in

more than one NEF Area

5(1) Where a parcel of land that is equal to or less than

0.2 hectares is located in more than one NEF Area, the noise

exposure forecast contour line that runs through the parcel

must be adjusted to follow the next appropriate natural or

man-made boundary that is farther away from the airport lands.

(2) Where

(

a) a noise exposure forecast contour line divides a parcel

of land that is greater than 0.2 hectares into more than

one NEF area, and

(

b) in one area a proposed use is a prohibited use and in the

other area the proposed use is not a prohibited use,

the proposed use of the parcel may be carried out only in the

area in which the proposed use is not a prohibited use.