7.80 Application of Direct Control Zones

To provide direct control of development on a Site or within a specified area where a standard Zone would be inappropriate or inadequate.

2.1. A Direct Control Zone must only be used to regulate development where:
2.1.1. it exceeds the regulations of the closest equivalent standard Zone to accommodate unique development;
2.1.2. the proposed development requires specific or comprehensive regulations to mitigate land use conflicts with neighbouring Sites;
2.1.3. the proposed development is located on a Site that has unique characteristics that require specific regulations;
2.1.4. the ongoing operation of the proposed development requires specific regulations;
2.1.5. the Site or area has a special environmental concern, as identified in a Statutory Plan; or
2.1.6. the Site or area concerns a designated historic resource of special historical, cultural, paleontological, archeological, prehistorical, natural, scientific, or aesthetic interest.


3.1. At least 21 days before submitting a Direct Control Rezoning Amendment application as detailed in Section 7.50, an applicant must send a notice to:
3.1.1. the assessed owner of land that is subject to the Direct Control Rezoning Amendment;
3.1.2. the municipal address and the address of the assessed owners of land that are wholly or partly within 60.0 m of the boundaries of the Site;
3.1.3. the president of any applicable community leagues; and 
3.1.4. the executive director of each business improvement area operating within 60.0 m of the Site.
3.2. The notice required in Subsection 3.1 must:
3.2.1. include information about the Rezoning Amendment application; and
3.2.2. request feedback on the information provided in Subsection 3.2.1.
3.3. Despite Subsection 3.1, pre-application notification is not required for Direct Control Rezoning Amendment applications for designated historic resources, where the character of the development is not significantly altered or the Use is not being changed or significantly intensified.


4.1. In addition to the application requirements detailed in Subsection 2.1 of Section 7.50, a Direct Control Rezoning Amendment application must include:
4.1.1. the proposed Direct Control Zone, which must include: the Purpose of the Zone; the area of application; Uses; development regulations; a Site plan, to be appended to the Direct Control Zone, that illustrates the specific development outcomes that are proposed; and building elevations, to be appended to the Direct Control Zone, that illustrate the specific development outcomes that are proposed;
4.1.2. a statement explaining: why a standard Zone cannot achieve the desired outcomes, and why a Direct Control Zone is needed in compliance with Subsection 2.1; how the proposed Direct Control Zone complies with the applicable Statutory Plans in compliance with Subsection 5.2; and how the proposed Direct Control Zone complies with City policy, where applicable;
4.1.3. all feedback received from the pre-notification requirement detailed in Subsection 3, including all opinions or concerns expressed by notification recipients, and including any modifications that were made to the application to address their concerns; and
4.1.4. additional information as required by the Development Planner to determine whether the proposed Use or development is consistent with an approved Statutory Plan.
4.2. Despite Subsections and, the Development Planner may waive the requirement to provide a Site plan or building elevations where, in the Development Planner’s opinion, they are not required to achieve the development outcomes of the Direct Control Zone.


5.1. Unless specifically excluded or modified by a regulation of a Direct Control Zone, all regulations in the Zoning Bylaw apply to development in a Direct Control Zone. Site plans and building elevations cannot exclude or modify regulations of the Zoning Bylaw.
5.2. Proposed development must comply with policies in an applicable Statutory Plan, except that:
5.2.1. a regulation or condition applying as a result of the designation of a historical resource under the Historical Resources Act, must take precedence.
5.3. Unless otherwise specified in a Direct Control Zone, Sign Uses must comply with Subsections 3 and 9 of Section 6.90.