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Vancouver Charter

[SBC 1953] CHAPTER 55

Part XXVII — Planning and Development

Interpretation

559.  In this Part, or in any by-law made thereunder, unless the context otherwise requires,

"building" and "construction" mean "building" and "construction" as defined in section 304;

"certificate of use and occupancy" means a certificate issued by the Director of Planning or such other persons as are authorized by Council, designating the authorized use or occupancy of any land or building;

"conditional approval use" means a use of land or a building which is permitted in a district or zone at the discretion of Council or an official or board to whom the discretion is delegated;

"development" means a change in the use of any land or building, or the carrying-out of any construction, engineering or other operations in, on, over, or under land or land covered by water;

"development plan" means a plan or plans for the future physical development of the city or any part thereof, whether expressed in drawings, reports, or otherwise, and whether complete or partial;

"greenhouse gas" has the same meaning as in the Greenhouse Gas Reduction Targets Act;

"heritage conservation area" means an area designated under section 561 (2) (c) (iv) in an official development plan;

"non-conforming" as applied to a development means that such development was lawful when it took place but, by reason of a zoning by-law subsequently passed, does not conform to the uses permitted or regulations prescribed by such by-law. "Non-conformity" shall have a corresponding meaning;

"official development plan" means any development plan, whether complete or partial, which has been adopted under this Part;

"owner" shall include the agent or representative of a person owning or in possession of real property or in receipt of the rents or profits therefrom whether on his own account or as agent or trustee for any other person;

"structural alteration" includes any work or construction which involves any change, modification, replacement, or repair of any supporting member of a building, including the bearing walls, columns, beams, or girders thereof;

"zoning by-law" shall include a zoning and development by-law.

1959-107-20; 1964-72-16; 1987-52-32; 1988-67-11; 2002-22-30; 2008-23-37.

Appointment of Director of Planning

560.  The Council may appoint a Director of Planning, who shall have such duties and powers as the Council may from time to time prescribe.

1959-107-20.

Power of entry to inspect

560A.  The Director of Planning or anyone authorized by him shall have power to enter on to any land or into any building at any reasonable time for the purpose of inspecting such land or building in order to ascertain if the provisions of a zoning by-law are being or have been carried out.

1963-60-16.

Development plans

561.  (1) The Council may have development plans prepared or revised from time to time.

(2) A development plan under this section may

(a) relate to the whole city, or to any particular area of the city, or to a specific project or projects within the city;

(b) be altered, added to, or extended;

(c) designate

(i)   land for streets, lanes and other public thoroughfares, and for the widening of streets, lanes and other public thoroughfares,

(ii)   sites for parks, schools and public buildings,

(iii)   areas for special projects, including projects that require development or redevelopment as a whole, and

(iv)   for the purposes of heritage conservation, heritage conservation areas in accordance with section 596A.

(3) A development plan under this section must include housing policies of the Council respecting affordable housing, rental housing and special needs housing.

(4) A development plan under this section may include the following:

(a) policies of the Council relating to social needs, social well-being and social development;

(b) policies of the Council relating to the preservation, protection, restoration and enhancement of the natural environment, its ecosystems and biological diversity;

(c) a regional context statement, consistent with the rest of the development plan, of how matters referred to in section 850 (2) (a) to (c) of the Local Government Act, and other matters dealt with in the development plan, apply in a regional context.

(5) To the extent that a development plan under this section deals with these matters, it should work towards the purpose and goals referred to in section 849 of the Local Government Act.

1992-15-3; 1994-52-170; 1995-9-17; 1997-24-18; 1997-25-207; 2000-7-191; 2002-22-31.

Council powers respecting official development plan

562.  (1) The Council may, by by-law,

(a) adopt as the official development plan, or as a part of the official development plan, any development plan prepared under section 561, or

(b) revise or amend the official development plan or any part of the official development plan.

(2) If a by-law under subsection (1) adopts or amends a regional context statement under section 561 (4) (b), before adoption of the by-law the Council must refer the by-law for comment to the board of the Greater Vancouver Regional District.

(3) Before adopting a by-law under subsection (1), if the official development plan designates a heritage conservation area and includes a schedule referred to in section 596A (3) (b), the Council must hold a public hearing.

(4) Section 566 (3) to (5.1) [amendment or repeal of zoning by-law] applies in respect of the adoption of a by-law under subsection (1) and a public hearing referred to in subsection (3).

1995-9-18; 2002-22-32; 2008-42-138.

Greenhouse gas emissions reduction targets

562.01  An official development plan under section 562 must include targets for the reduction of greenhouse gas emissions in the area covered by the plan, and policies and actions of the Council proposed with respect to achieving those targets.

2008-23-38.

Planning of school facilities

562.1  The Council, if it has adopted or proposes to adopt, revise or amend an official development plan for all or any part of the city, shall, at the time of preparing, revising or amending the official development plan and, in any event, not less frequently than once in each calendar year, consult with the boards of education for the school districts that are wholly or partially included in the area to which the official development plan applies and seek their input as to

(a) the actual and anticipated needs for school facilities and support services in the school districts,

(b) the size, number and location of the sites anticipated to be required for the school facilities referred to in paragraph (a),

(c) the type of school anticipated to be required on the sites referred to in paragraph (b),

(d) when the school facilities and support services referred to in paragraph (a) are anticipated to be required, and

(e) how the existing and proposed school facilities relate to existing or proposed community facilities in the area.

1993-6-20; 2007-29-44.

Undertakings, official development plan

563.  (1) The adoption by Council of a development plan shall not commit the Council to undertake any of the developments shown on the plan.

(2) The Council shall not authorize, permit, or undertake any development contrary to or at variance with the official development plan.

(3) It shall be unlawful for any person to commence or undertake any development contrary to or at variance with the official development plan.

1959-107-20.

Acquisition and expropriation powers in relation to official development plan

564.  (1) Where a project is shown upon an official development plan, the Council may acquire any real property it considers essential to the carrying-out of the project, and in addition acquire other adjacent or neighbouring real property. Such additional real property may include

(a) the remnants of parcels, portions of which are essential to carrying out the project;

(b) any lands which may be injuriously affected by the project;

(c) any lands which, if allowed to be built upon without restriction, might become the site of buildings or structures which would prejudicially affect the full enjoyment of any building forming part of the project or the architectural effect thereof;

(d) any lands which the Council is of the opinion could be conveniently and profitably resubdivided or rearranged and developed as part of the project.

(2) The Council shall have the same right to purchase or expropriate the additional lands as it has to purchase or expropriate the lands immediately necessary for the carrying-out of the project under this Act.

(3) Any expenses incurred in acquiring additional lands shall be met as part of the project, and the proceeds of any sale or other disposition of the lands so acquired shall be applied, in so far as they are required, in reduction of the cost of carrying out the project.

1959-107-20.

Repealed

564A.  [Repealed 1977-37-35, proclaimed effective September 22, 1977.]

Zoning

Zoning by-law

565.  (1) The Council may make by-laws

(a) dividing the city or any portion thereof into districts or zones of such number, shape, or size as Council may deem fit;

(b) regulating, within any designated district or zone, the use or occupancy of land and land covered by water for or except for such purposes as may be set out in the by-law;

(c) regulating, within any designated district or zone, the construction, use, or occupancy of buildings for or except for such purposes as may be set out in the by-law;

(d) regulating the height, bulk, location, size, floor area, spacing, and external design of buildings to be erected within the city or within designated districts or zones;

(e) establishing, in any district or zone, building lines and the area of yards, courts and open spaces to be maintained and the maximum percentage of the area of land that can be covered by impermeable material;

(e.1) regulating, in any district or zone, the maximum density of population or the maximum floor-space ratio permissible;

(f) designating districts or zones in which there shall be no uniform regulations and in which any person wishing to carry out development must submit such plans and specifications as may be required by the Director of Planning and obtain the approval of Council to the form of development, or in which any person wishing to carry out development must comply with regulations and guidelines set out in a development plan or official development plan;

(f.1) requiring, where it creates a zone pursuant to this section, that as a condition of approving a form of development a person provide public amenities, facilities or utilities or provide land for such purposes or require that the person retain and enhance natural physical features of a parcel being developed;

(g) delegating to the Director of Planning or such other persons as are authorized by Council the authority to certify the authorized use or occupancy of any land or building;

(h) providing for certificates of use or occupancy and providing that the use or occupancy of any land or building other than in accordance with the certificate of use or occupancy applicable to such land or building shall constitute a violation of the by-law and shall render the owner of the land or building liable to the penalties provided in the by-law;

(i) authorizing the collection of a fee for a certificate of use or occupancy, which fee may vary according to the type of use or occupancy or the value of the land or building used or occupied;

(j) describing the zones or districts by the use of maps or plans, and the information shown on such maps or plans shall form part of the by-law to the same extent as if included therein.

(2) A by-law regulating the use or occupancy of land, land covered by water or buildings may

(a) permit uses or occupancies existing at a date specified in the by-law as outright uses, and

(b) make uses or occupancies existing at a date specified in the by-law conditional approval uses as of that date.

(3) The regulations under subsection (1) may be different for different protected heritage property, as specified in the by-law.

1959-107-20; 1964-72-17; 1990-76-10; 1992-57-14; 1994-43-95; 1994-52-171.

Zoning for amenities and affordable housing

565.1  (1) A zoning by-law may

(a) establish different density regulations for a district or zone, one generally applicable for the district or zone and the other or others to apply if the applicable conditions under paragraph (b) are met, and

(b) establish conditions in accordance with subsection (2) that will entitle an owner to a higher density under paragraph (a).

(2) The following are conditions that may be included under subsection (1) (b):

(a) conditions relating to the conservation or provision of amenities, including the number, kind and extent of amenities;

(b) conditions relating to the provision of affordable and special needs housing, as such housing is defined in the by-law, including the number, kind and extent of the housing;

(c) a condition that the owner enter into a housing agreement under section 565.2 before a building permit is issued in relation to property to which the condition applies.

(3) A zoning by-law under section 565 (1) (f) may designate an area within a zone for affordable or special needs housing, as such housing is defined in the by-law, if the owners of the property covered by the designation consent to the designation.

1993-58-5; 1994-43-96.

Housing agreements for affordable and special needs housing

565.2  (1) Council may, by by-law, enter into a housing agreement under this section.

(2) A housing agreement may include terms and conditions agreed to by Council and the owner regarding the occupancy of the housing units identified in the agreement, including but not limited to terms and conditions respecting one or more of the following:

(a) the form of tenure of the housing units;

(b) the availability of the housing units to classes of persons identified in the agreement or the by-law under subsection (1) for the agreement;

(c) the administration and management of the housing units, including the manner in which the housing units will be made available to persons within a class referred to in paragraph (b);

(d) rents that may be charged and the rates at which rents may be increased over time, as specified in the agreement or as determined in accordance with a formula specified in the agreement.

(3) A housing agreement may not vary the use or density from that permitted in the applicable by-law.

(4) A housing agreement may only be amended by by-law adopted with the consent of the owner.

(5) If a housing agreement is entered into or amended, the city must file in the land title office a notice that the land described in the notice is subject to the housing agreement, as amended if applicable.

(6) Once a notice is filed under subsection (5), the housing agreement or the amendment to it is binding on all persons who acquire an interest in the land affected by the agreement.

(7) On filing under subsection (5), the registrar must make a note of the filing against the title to the land affected but, in the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making of a note of the filing,

(a) the registrar is not liable and neither the Crown nor the Land Title and Survey Authority of British Columbia is liable vicariously,

(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and

(b) the assurance fund or the minister charged with the administration of the Land Title Act as a nominal defendant is not liable under Part 20 of the Land Title Act.

(8) The Lieutenant Governor in Council may prescribe fees for the filing of notices under subsection (5), and section 386 of the Land Title Act applies in respect of those fees.

1993-58-5; 1999-37-327; 2004-66-167.

By-laws

565A.  Council may make by-laws

(a) prohibiting any person from undertaking any development without having first obtained a permit therefor. Such permit shall hereinafter be referred to as a "development permit";

(b) providing that a development permit may be limited in time and subject to conditions, and making it an offence for any person to fail to comply with such conditions;

(c) providing that no building permit shall be issued for the construction of any building until a development permit has first been obtained;

(d) delegating to any official of the city or to any board composed of such officials such powers of discretion relating to zoning matters which to Council seem appropriate;

(d.1) subject to sections 578 (2) and 579 (2), delegating to the Director of Planning, or to any board composed of officials of the city, the power to refuse to issue a development permit if, in the opinion of the delegate, the proposed action would detract from the heritage value or heritage character of protected heritage property;

(d.2) providing that the failure to obtain a permit required under section 193D in relation to the same property is a basis for refusing to issue a development permit;

(e) providing for relaxation of the provisions of a zoning by-law or a by-law prescribing requirements for buildings where

(i)   enforcement would result in unnecessary hardship,

(ii)   Council determines that the proposed development would make a contribution to conserving heritage property,

(iii)   Council determines that the proposed development makes provision for public space or activities,

(iv)   Council determines that the proposed development makes provision for low cost housing for persons receiving assistance, or

(v)   the proposed development is in relation to a special event, as designated by Council by by-law or resolution.

Such relaxation may be limited in time and may be subject to conditions. The by-law may authorize such relaxation by an official of the city or by any board constituted pursuant to subsection (d). The power to relax the provisions of a zoning by-law shall not be used to permit construction to provide for multiple occupancy in a one family dwelling district nor to permit the use or occupancy of a dwelling as a multiple dwelling in such district unless it was so used or occupied as at April 1, 1977; provided however, that the occupancy of a suite authorized by a by-law passed pursuant to section 565C shall not constitute a multiple occupancy;

(f) providing for the payment of a fee upon application for a development permit, which fee may vary accordingly to the value or type of development for which the permit is sought;

(g) providing that the use or occupancy of any land or building in contravention of the provisions of a zoning by-law or the conditions of a development permit shall constitute a violation of the zoning by-law and shall render the owner of the land or building liable to the penalties provided in the by-law;

(h) prohibiting the use or occupancy of any land or building on or in which a development has taken place since the eighteenth day of June, 1956, without a development permit;

(i) prohibiting the erection, use, or occupancy of any building or the use or occupancy of any land unless due provision is made for public safety and amenity, sanitary facilities, water supply, and drainage;

(j) and (k) [Repealed 1992-79-12.]

1964-72-18; 1966-69-23; 1978-41-31; 1988-67-12; 1990-77-2; 1992-79-12; 1994-43-97; 1997-44-3, 2009-22-87.

Occupancy of suite defined

565B.  The Council may in the exercise of its powers under this Part

(a) define what constitutes a family and what constitutes a household support person and may, for the purpose of regulating the occupancy of suites, adopt different definitions of family and household support persons from those adopted to regulate the occupancy of the principal dwelling unit, and

(b) define what constitutes a principal dwelling unit and what constitutes a suite.

1988-67-13.

Conditional approval use of suite

565C.  (1) The Council may in the exercise of its powers under this Part permit, as a conditional approval use, the occupancy of a suite or suites by members of the family of, or household support persons employed by, the owner or occupant of the principal dwelling unit.

(2) The Council may as a condition of permitting the use of suites as authorized under subsection (1), require

(a) that a development permit, limited in time, be obtained authorizing such use, and such permit may limit use to occupancy by persons named in the permit, and

(b) that security, in a form, amount and for a period of time set out in the by-law, be posted to ensure that the suite is not occupied other than by persons authorized as occupants by the development permit.

(3) A development permit authorizing any use of a suite shall expire and become void on a change of ownership or occupancy of the principal dwelling unit or a sale of the premises in which the suite is situate.

(4) The granting of the specific powers in this section shall not be taken in any way to diminish the general power to regulate the use or occupancy of land conferred by section 565.

1988-67-13.

Occupancy of phase out suite

565D.  (1) In this section, "phase out suite" means a suite which was in existence on October 22, 1986 and which suite or the use or occupancy thereof was on that date not permitted by by-law.

(2) Council may, by by-law, permit the retention of one or more phase out suites for a limited period of time and on such conditions as may be prescribed in the by-law.

1988-67-13.

Expiry of development permit which is limited in time

565E.  When a development permit which is limited in time expires, then notwithstanding section 568, any use permitted by such permit becomes unlawful.

1988-67-13.

Landscaping requirements

565F.  The Council may, by by-law, provide that

(a) a permit for a conditional approval use, or

(b) a zone or district designated under section 565 (1) (f)

may include requirements respecting the provision, maintenance and retention of landscaping, including the submission of plans showing the landscaping to be provided, maintained and retained.

1994-52-172.

Amendment or repeal of zoning by-law

566.  (1) The Council shall not make, amend, or repeal a zoning by-law until it has held a public hearing thereon, and an application for rezoning shall be treated as an application to amend a zoning by-law.

(2) Council may by by-law require every person applying for an amendment to the zoning by-law to accompany the application with a fee to be prescribed by by-law.

(2.1) A fee under subsection (2) may vary depending on the size of the area covered by the proposed rezoning, and the by-law establishing the fee may provide for a reduction of the fee depending upon the complexity or scope of the proposed amendment.

(2.2) A fee under subsection (2) must not exceed the average costs of processing, inspection, advertising and administration that are usually related to a zoning by-law amendment of the kind to which the fee relates.

(3) Notice of the hearing, stating

(a) the time and place of the hearing, and

(b) the place where and the times when a copy of the proposed by-law may be inspected,

shall be published in accordance with section 3, with the last publication appearing at least 7 days and not more than 14 days before the date of the hearing.

(4) At the hearing all persons who deem themselves affected by the proposed by-law shall be afforded an opportunity to be heard in matters contained in the proposed by-law, and the hearing may be adjourned from time to time.

(5) After the conclusion of the public hearing, the Council may pass the proposed by-law in its original form or as altered to give effect to such representations made at the hearing as the Council deems fit.

(5.1) A member of the Council who

(a) is entitled to vote on a proposed by-law that was the subject of a public hearing, and

(b) was not present at the public hearing

may vote on the passing of the proposed by-law if an oral or written report of the public hearing has been given to the member by the Director of Planning or another official of the city.

(6) Notwithstanding the provisions of this section, where any street or part thereof has been stopped up under the provisions of any Act and the ownership thereof is transferred to the owner of an adjoining parcel of land, then the land formerly comprising the street or part thereof so stopped up shall be deemed to be zoned for the same purpose for which the parcel of which it has become a part is already zoned unless the Council by resolution shall otherwise direct.

(7) Notwithstanding the provisions of this section, where any land zoned pursuant to this Part has been transferred to the city for street purposes, whether such street is established or opened up by the city or not, such land shall be deemed not to be zoned unless the Council by resolution shall otherwise direct.

1959-107-20; 1962-82-16; 1992-57-15; 1999-38-65; 2008-42-139; 2010-6-136.

By-laws governing restrictions as to height of buildings, size of courts and yards

567.  Where the provisions of the zoning by-law impose requirements for a lower height of buildings, or a less percentage of a lot that may be occupied, or require wider or larger courts or deeper yards than are imposed or required by the provisions of the building by-law, the provision of the zoning by-law shall govern; but where the provisions of the building by-law impose requirements for a lower height of buildings, or a less percentage of lot that may be occupied, or require wider or larger courts or deeper yards than are required by the zoning by-law, the provisions of the building by-law shall govern.

1959-107-20.

Non-conforming use

568.  (1) Non-conformity shall be divided into two types: —

(a) Non-conformity with respect to the use which is made of the premises;

(b) Non-conformity arising out of change in the regulations governing matters other than the use which may be made of the premises.

(2) A building lawfully under construction at the time of coming into force of a zoning by-law shall for the purpose of that by-law be deemed to be a building existing at that time. For the purposes of this subsection, a building shall be deemed to be lawfully under construction if a development permit has been issued and such permit remains valid.

(3) A lawful use of premises existing at the time of coming into force of a zoning by-law, although such use is not in accordance with the provisions of the by-law, may be continued; but, if such non-conforming use is discontinued for a period of ninety days, any future use of those premises shall be in conformity with the provisions of the by-law. The Board of Variance may extend the aforesaid period of 90 days to a maximum of 180 days.

(4) No additions or structural alterations except those required by Statute or by-law shall be made to a non-conforming building without

(a) the approval of the Board of Variance if the non-conformity is in respect of use;

(b) the approval of the Director of Planning if the non-conformity is in respect of regulations only.

Fire damage to non-conforming building

(5) Where a non-conforming building is damaged or destroyed by fire to the extent of sixty per centum or more of its value above its foundations as determined by the City Building Inspector, whose decision shall be subject to review by the Board of Variance, it shall not be repaired or reconstructed without the approval of

(a) the Board of Variance if the non-conformity is in respect of use;

(b) the Director of Planning if the non-conformity is in respect of regulations only.

(6) [Repealed 1985-89-8.]

Heritage Property

(7) Despite subsection (4), additions or structural alterations to a protected heritage property may be undertaken if they are permitted or authorized in accordance with the provisions governing the heritage protection of the property.

(8) Subsection (5) does not apply to additions or structural alterations made to a protected heritage property if the additions or structural alterations are permitted or authorized in accordance with a heritage alteration permit under section 597.

1959-107-20; 1960-80-13; 1961-76-14; 1969-45-26; 1974-104-46; 1985-89-8; 1987-52-33; 1994-43-98.

Property injuriously affected

569.  (1) Where a zoning by-law is or has been passed, amended, or repealed under this Part, or where Council or any inspector or official of the city or any board constituted under this Act exercises any of the powers contained in this Part, any property thereby affected shall be deemed as against the city not to have been taken or injuriously affected by reason of the exercise of any such powers or by reason of such zoning and no compensation shall be payable by the city or any inspector or official thereof.

(2) Notwithstanding that the Board of Variance has relaxed the provisions of a by-law enacted under this Part, in determining the compensation payable by the city for the taking of lands for the widening of a street in respect of which a building line has been fixed, the city is not liable to pay compensation for or in respect of any building erected in contravention of the by-law fixing the building line.

(3) Upon the acquisition of such lands by the city, the owner shall, upon demand by the city, remove such building or part thereof, as the case may be, and, in default thereof, the city may remove the same and the costs of such removal and any other costs incidental thereto shall be a debt due to the city payable by the owner of the property recoverable by action and shall be a charge on the balance of the land unless sooner paid to the city.

(4) Where the use of land or the siting of existing buildings and structures on the land ceases, as a result of expropriation of land, to conform to a zoning by-law under this Part, the remainder of the property is deemed to conform, unless compensation was paid to the owner or occupant of the land in an amount that is directly attributable to the loss, if any, suffered by that owner or occupant as a result of the non-conformity.

1959-107-20; 1964-72-19; 1965-68-28; 1969-45-27; 1970-54-29; 1990-76-11.

Withholding of permit pending adoption of zoning by-law

570.  (1) Before the adoption of a zoning by-law, an official development plan or a by-law under section 593 designating a heritage property, or of an amendment to a zoning by-law or an alteration, addition or extension to an official development plan, the Council may cause to be withheld the issuance of any development or building permit for a period of 30 days from the date of application for such permit.

(2) Where any permit is so withheld, the application therefor shall be considered by the Council within the said period of thirty days, and, if in the opinion of the Council, the development proposed in the application would be at variance or in conflict with a development plan in the course of preparation, or with an alteration, addition, or extension to an official development plan in course of preparation, or with a zoning by-law in course of preparation, or with an amendment to a zoning by-law in course of preparation, the Council may withhold the permit for a further sixty days from the expiration of the thirty-day period hereinbefore referred to, or the Council may impose such conditions on the granting of the development permit as may appear to the Council to be in the public interest.

(3) In the event that the Council does not within the said period of sixty days adopt any such plan, alteration, addition, extension, or by-law, the owners of the land in respect of which a development permit was withheld or conditions were imposed pursuant to this section shall be entitled to compensation for damages arising from the withholding of such development permit, or the imposition of such conditions. Such compensation shall be determined by arbitration pursuant to the Arbitration Act.

(4) Despite subsection (1), an owner of property for which a permit has been withheld before the adoption of a by-law designating a heritage property may agree that a permit may be withheld for a period longer than the 30 days referred to in subsection (1) and, in that case, subsection (1) continues to apply during that longer period and subsection (2) is deemed to read as if the longer period applies.

1959-107-20; 1986-3-53, effective July 4, 1986 (B.C. Reg. 148/86); 1994-43-99; 2011-25-481,Sch.

Repealed

571.  [Repealed 2006-3-30.]

Sign by-laws

571A.  (1) The Council may make by-laws for regulating the number, size, type, form, appearance and location of signs, whether projecting into a street or not, and the by-law may contain different provisions for different zones and for different uses within a zone.

(1.1) The Council may, by by-law, establish fees payable to the city for an application to initiate a change to a by-law under subsection (1).

(2) The Council may, by resolution passed by not less than two-thirds of all its members, order the removal of any sign, whether located on private or on public property which has been non-conforming for not less than five years, provided, however, that where a sign which became non-conforming prior to March 1, 1973, had, before such date, been granted a permit to make substantial modifications to such sign, the said period of five years shall be calculated from the date of such permit.

(3) The provisions of subsections (1) and (2) of section 324A shall, mutatis mutandis, apply with respect to the enforcement of any order made herein. No compensation shall be payable in connection with the exercise of the authority herein.

1973-93-22; 1987-52-34; 1994-52-173.

Relaxation of sign by-laws

571AA.  (1) The Council may, by by-law, provide for the relaxation of a sign by-law under section 571A in one or more of the following circumstances:

(a) enforcement of the sign by-law would result in unnecessary hardship;

(b) the sign is

(i)   on heritage property, or

(ii)   on property in an area identified as a historic area in an official development plan or a zoning by-law;

(c) the sign uses technology not contemplated by the sign by-law;

(d) the sign is in relation to a special event, as designated by Council by by-law or resolution.

(2) A by-law under subsection (1) may authorize such relaxations to be made by the Council, by any official of the city or by a board composed of such officials.

(3) A relaxation under this section, whether made by the Council, an official or a board, may be limited in time and may be made subject to conditions.

(4) A person whose request for a relaxation is dealt with by an official or a board is entitled to have the Council reconsider the matter.

2006-3-31.

Environmental Management Act requirements must be met

571B.  (1) This section applies to an application for one or more of the following:

(a) zoning;

(b) development permits;

(c) removal of soil;

(d) demolition permits respecting structures that have been used for commercial or industrial purposes.

(2) The Council or its delegate must not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 40 of the Environmental Management Act unless at least one of the following is satisfied:

(a) the Council or its delegate has received a site profile required under section 40 of the Environmental Management Act with respect to the site and the Council or its delegate is not required to forward a copy of the site profile to a director under section 40 (4) (b) of that Act;

(b) the Council or its delegate has received a site profile under section 40 of the Environmental Management Act with respect to the site, has forwarded a copy of the site profile to a director under section 40 (4) (b) of that Act and has received notice from the director that a site investigation under section 41 of that Act will not be required by the director;

(c) the Council or its delegate has received a final determination under section 44 of the Environmental Management Act that the site is not a contaminated site;

(d) the Council or its delegate has received notice from a director under the Environmental Management Act that the Council or its delegate may approve an application under this section because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;

(e) the Council or its delegate has received notice from a director under the Environmental Management Act that the director has received and accepted a notice of independent remediation with respect to the site;

(f) the Council or its delegate has received notice from a director under the Environmental Management Act that the director has entered into a voluntary remediation agreement with respect to the site;

(g) the Council or its delegate has received a valid and subsisting approval in principle or certificate of compliance under section 53 of the Environmental Management Act with respect to the site.

2003-53-173.

Agreements for regulating contaminated sites

571C.  The Council may by bylaw enter into and implement an agreement referred to in sections 55 and 57 of the Environmental Management Act.

2003-53-173.

Approval of bylaw

571D.  A provision in a bylaw that prohibits the deposit of soil or other material and that makes reference to quality of the soil or material or to contamination, has no effect until the provision is approved by the minister with the concurrence of the minister responsible for the administration of the Environmental Management Act.

1993-25-14; B.C. Reg. 5/2010.

Board of Variance

Establishment and membership of Board of Variance

572.  In this and the following section "Board" means "Board of Variance."

(1) The Council shall establish by by-law a Board, consisting of 5 members appointed by the Council.

(1.1) The members of the Board shall elect one of their number as Chair of the Board.

(1.2) The Board shall appoint a secretary and shall appoint such other officials as may be required by the Board.

(2) Subject to subsection (2.1), each member of the Board shall hold office for a term of three years or until the member's successor is appointed, but a person may be reappointed for a further term or terms.

(2.1) The Council may rescind an appointment to the Board at any time.

(3) The Council may provide, by by-law or resolution, for the remuneration of members of the Board, in such amounts as the Council thinks fit, and may also provide for the payment of a fee for the hearing of an appeal before the Board.

(4) No person who is a member of the Advisory Planning Commission or who holds any municipal office, whether appointed or elected, is eligible to be appointed or to sit as a member of the Board.

(5) Three members of the Board shall constitute a quorum.

(6) The Chair may from time to time appoint a member of the Board as Acting Chair to preside in the absence of the Chair.

(7) If a member of the Board ceases to hold office, a successor shall be appointed in the same manner as such member was appointed and, until the appointment of a successor, the remaining members shall constitute the Board.

(8) [Repealed 2003-15-20.]

(9) The by-law establishing the Board shall set out the procedure to be followed by the Board, including the manner in which appeals are to be lodged and the method of giving notices required under section 573.

1959-107-20; 1969-45-29; 2003-15-20; 2004-34-22.

Appeals to Board of Variance

573.  (1) The Board shall hear and determine appeals

(a) by any person aggrieved by a decision on a question of zoning by any official charged with the enforcement of a zoning by-law;

(b) by any person who alleges that the enforcement of a zoning by-law with regard to siting, size, shape, or design of a building would cause him undue or unnecessary hardship arising out of peculiarities in the site or special circumstances connected with the development. In any such case the Board may, to the extent necessary to give effect to its determination, exempt the applicant from the applicable provisions of the zoning by-law;

(c) by any person who alleges that due to special circumstances or conditions the provisions of subsection (3) of section 568 will result in undue or unnecessary hardship to him;

(d) with respect to matters arising under subsections (4) and (5) of section 568;

(e) by any person aggrieved by a decision by any board or tribunal to whom Council has delegated power to relax the provisions of a zoning by-law;

(f) by any person who, by reason of Part XXIX [Protection of Trees], is

(i)   unable to obtain a permit authorizing tree cutting or removal, or

(ii)   unable to comply with the requirements of a by-law or permit under that Part.

(2) The Board shall not allow any appeal solely on the ground that if allowed the land or buildings in question can be put to a more profitable use nor unless the following conditions exist: —

(a) The undue or unnecessary hardship arises from circumstances applying to the applicant's property only; and

(b) The strict application of the provisions of the by-law would impose an unreasonable restraint or unnecessary hardship on the use of the property inconsistent with the general purpose and intent of the zoning by-law; and

(c) The allowance of the appeal will not disrupt the official development plan.

(2.1) The Board shall not allow an appeal that would apply to a property for which an authorization for alterations is required under Part XXVIII.

(3) The Board shall give notice to such owners of real property as the Board may deem to be affected by the appeal, and public notice of the hearing shall be given, if the matter is deemed by the Board to be of sufficient importance. For the purpose of determining the names of the owners deemed to be affected, reference shall be made to the records kept by the Assessor.

(4) The Board shall conduct its hearings of appeals under this section in public.

(5) The decision of a majority of the members of the Board present at a hearing shall constitute the decision of the Board, which shall be rendered in open meeting and shall be recorded in writing by the secretary. In the event of the members of the Board being equally divided, the appeal shall be disallowed.

(6) No appeal shall lie from a decision of the Board.

(7) In allowing an appeal, the Board may impose such restrictions, limitations, or conditions as may seem to it to be desirable and proper in the circumstances.

(8) Council may by by-law provide that failure to comply with any restrictions, limitations, or conditions imposed by the Board pursuant to subsection (7) shall constitute an offence against the by-law.

1959-107-20; 1960-80-14; 1964-72-20,21; 1990-77-3; 1993-59-52; 1994-43-100; 1997-25-209; 2000-7-191; 2003-52-515.

Advisory Planning Commission

Personnel and powers of Commission

574.  (1) The Council may by by-law create a Commission to advise the Council on planning matters.

(2) The Commission shall comprise such personnel and have such powers and duties as the Council may by by-law prescribe.

(3) [Repealed 1997-25-210.]

1959-107-20; 1997-25-210.

Contents  |  Preamble  |  Part I  |  Part II  |  Part III  |  Part IV  |  Part V  |  Part VI  |  Part VII  |  Part VIII  |  Part IX  |  Part X  |  Part XI  |  Part XII  |  Part XIII  |  Part XIV  |  Part XV  |  Part XVI  |  Part XVII  |  Part XVIII  |  Part XIX  |  Part XX  |  Part XXI  |  Part XXII  |  Part XXIII  |  Part XXIV  |  Part XXV  |  Part XXVI  |  Part XXVII  |  Part XXVIII  |  Part XXIX