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City of Coquitlam
BYLAW
File #: 09-3900-20/4068/1 Doc #: 796740.v10
City of Coquitlam Development Procedures Bylaw No. 4068, 2009
Consolidated with amendments in Bylaws:
(1) 4170, 2010; (2) 4534, 2015; (3) 4963, 2019; (4) 4999, 2019; (5) 5152, 2021;
(6) 5346, 2023; (7) 5365, 2024; (8) 5352, 2024; (9) 5450, 2025; (10) 5468, 2025
A Bylaw to establish development procedures.
WHEREAS, Council wishes to enact a bylaw governing development procedures in the
City of Coquitlam.
NOW THEREFORE, the Municipal Council of the City of Coquitlam in open meeting
assembled, ENACTS AS FOLLOWS:
PART ONE: NAME OF BYLAW
1.1
This Bylaw may be cited as the "City of Coquitlam Development Procedures
Bylaw No. 4068, 2009".
PART TWO: INTERPRETATION
2.1
In this Bylaw, unless the context requires otherwise:
Agricultural Land
Commission Act
means the Agricultural Land Commission Act, S.B.C. 2002, c. 36,
as amended or superseded from time to time.
Application
means an application for an Official Community Plan or Zoning
Bylaw amendment, or an application for a Development Permit,
Watercourse Protection Development Permit, Development
Variance Permit, Temporary Use Permit, Subdivision, Heritage
Revitalization Agreement or Heritage Alteration Permit.
Application Form
means a form provided by the City for purposes of applying for
an amendment to the Official Community Plan or Zoning Bylaw,
or an application for a Development Permit, Watercourse
Protection Development Permit, Development Variance Permit,
Temporary Use Permit, Subdivision, Heritage Revitalization
Agreement, or Heritage Alteration Permit.
Bylaw
Amendment
means an amendment to the Official Community Plan or Zoning
Bylaw made pursuant to an application under this bylaw.
City
means the City of Coquitlam.
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Consolidated with Amendments, Bylaw No. 4068, 2009
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City Clerk
means the municipal employee appointed as the officer
responsible for corporate administration in accordance with
Sections 146 and 148 of the Community Charter, or designate.
Community
Charter
means the Community Charter, S.B.C. 2003, c. 26, as amended or
superseded from time to time.
Council
means the governing and executive body of the City of
Coquitlam as provided under the Community Charter.
Fees and Charges
Bylaw
means the City of Coquitlam Fees and Charges Bylaw No. 4005,
2009, as amended or superseded from time to time.
General Manager
Engineering and
Public Works
means the General Manager Engineering and Public Works
appointed by Council from time to time, or designate.
General Manager
Planning
and Development
means the General Manager Planning and Development
appointed by Council from time to time, or designate.
Heritage
Conservation Act
means the Heritage Conservation Act, R.S.B.C. 1996, c. 187, as
amended or superseded from time to time.
Land Title Act
means the Land Title Act, R.S.B.C. 1996, c. 250, as amended or
superseded from time to time.
Land Title Notice
means a notice required to be filed in the land title office under
the Local Government Act or Community Charter.
Local Government
Act
means the Local Government Act, R.S.B.C. 2015, c. 1, as amended
or superseded from time to time.
Official
Community Plan
Public Notice
Bylaw
means the City of Coquitlam Citywide Official Community Plan
Bylaw No. 3479, 2001, as amended or superseded from time to
time.
means the Public Notice Bylaw No. 5334, 2023, as amended or
superseded from time to time.
Sign Bylaw
means the City of Coquitlam Sign Bylaw No. 3873, 2008, as
amended or superseded from time to time.
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Strata Property Act means the Strata Property Act, S.B.C. 1998, c. 43, as amended or
superseded from time to time.
Subdivision and
Development
Servicing Bylaw
means the City of Coquitlam Subdivision and Development
Servicing Bylaw No. 3558, 2003, as amended or superseded
from time to time.
Transportation Act
means the Transportation Act, S.B.C. 2004, c. 44, as amended or
superseded from time to time.
Zoning Bylaw
means the City of Coquitlam Zoning Bylaw No. 3000, 1996 as
amended or superseded from time to time.
PART THREE: OFFICIAL COMMUNITY PLAN AND ZONING BYLAW AMENDMENT
PROCEDURES
3.1
Application
An Application for an amendment to the Official Community Plan or the Zoning
Bylaw shall be:
(a)
made through a fully completed Application Form signed by the applicant
and the registered owners of the lot or lots affected;
(b)
accompanied by the appropriate Application fee as provided in the then
current Fees and Charges Bylaw; and
(c)
accompanied by such other information as is required by the City to
evaluate the Application.
3.2
Review
Where an Application to amend the Official Community Plan or Zoning Bylaw
has been made in conformance with this bylaw, the General Manager Planning
and Development, shall prepare a report to Council advising on the merits of the
Application.
3.3
Consultation
3.3.1 Delegation
Pursuant to s. 154(1)(b) of the Community Charter, Council delegates to
the General Manager Planning and Development, the duty of Council
under s. 475 of the Local Government Act to consider and provide, if
necessary, opportunities for early and ongoing consulting with persons,
organizations and authorities.
3.4
Council Consideration
Council may, upon receiving the report of the General Manager Planning and
Development:
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(a)
unless a public hearing is prohibited, or not required by Council, under
section 464 of the Local Government Act, give first reading to a Bylaw
Amendment and refer the bylaw to a public hearing;
(b)
if a public hearing is prohibited, or not required by Council:
(i)
give first, second, and third readings to a Bylaw Amendment, or
(ii)
give first, second, and third readings to a Bylaw Amendment, and
consider final adoption;
(iii)
refer the Application back to staff with direction;
(iv)
defer the Application; or
(v)
decline the Application.
3.5
Deleted
3.5.1 Required Notification
3.5.1.1 Not less than 10 days prior to the date of a public hearing, or the
date of first reading of a Bylaw Amendment if a public hearing is
prohibited or not required by Council, notice shall be mailed or
otherwise delivered to:
(a)
the owners and any tenants in occupation of all lots which
are the subject of the Bylaw Amendment; and
(b)
the owners and any tenants in occupation of all lots within
100 m from the land(s) that is the subject of the Bylaw
Amendment.
3.5.1.2 The above notification is not required if ten (10) or more parcels
owned by ten (10) or more persons are the subject of a Bylaw
Amendment.
3.5.1.3 The City Clerk shall provide notices in accordance with the Local
Government Act and the Public Notice Bylaw.
3.5.2 Additional Notification
3.5.2.1 The City Clerk, in consultation with the General Manager Planning
and Development, will prepare and distribute the agenda for the
Public Hearing.
3.5.2.2 The City Clerk, in consultation with the General Manager Planning
and Development, may arrange for the posting of signs on the
properties that are the subject of the Bylaw Amendment. Signs
will not be posted in cases where the bylaw alteration impacts ten
(10) or more parcels owned by ten (10) or more persons.
3.5.2.3 In instances where there is a request that the notification process
be varied to provide additional notification, a resolution of Council
is required.
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3.6
Council Consideration after Public Hearing and Third Reading
3.6.1 After the public hearing has been closed, Council will consider the Bylaw
Amendment, and may:
(a)
give second or third reading, or both, to the Bylaw Amendment;
(b)
give second and third readings, and consider final adoption of the
Bylaw Amendment;
(c)
amend the bylaw; and
(i)
give second or third reading, or both;
(ii)
give second and third readings, and consider final adoption
of the bylaw;
(d)
decline to give any further reading to the Bylaw Amendment,
therefore declining the Application;
(e)
defer the Bylaw Amendment; or
(f)
refer the Bylaw Amendment back to staff, with direction.
3.6.2 After Council has given third reading to a Bylaw Amendment, the General
Manager Planning and Development, or designate, will:
(a)
refer the Bylaw Amendment to the Ministry of Transportation
where approval is required under s. 505 of the Local Government
Act; and
(b)
advise the applicant as to any steps to be taken prior to further
Council consideration of the Bylaw Amendment, if necessary.
3.6.3 Council may consider final adoption of a Bylaw Amendment:
(a)
after three readings have been given; and
(b)
where a development permit is required, upon receipt of a report
from the General Manager Planning and Development stating that
a development permit has been prepared and is ready for
consideration.
3.7
Bylaw Lapse and Time Extension
3.7.1 Every Bylaw Amendment which has not been given final adoption by
Council within one year after the date it was given third reading lapses,
and will be of no force and effect, and an applicant who wishes to
proceed with their Application must initiate a new Application.
3.7.2 Notwithstanding s. 3.7.1 and s. 11.1, a time extension for a Bylaw
Amendment may occur as follows:
(a)
First Extension: upon written request by the applicant prior to the
expiry of the one year period, the General Manager Planning and
Development may, but is not obligated to, grant the first extension
of up to one year to enable the applicant to complete the
requirements for final adoption;
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(b)
Second Extension: upon written request by the applicant prior to
the expiry of an extension period, Council may, but is not
obligated to, grant a second and final extension of up to one year;
and
(c)
Third Extension: despite Subsection (b) above, and upon written
request by the applicant prior to the expiry of an extension period,
Council may, but is not obligated to grant a third extension of up
to one year, but only where a second extension has been
previously granted by Council and is set to lapse before
December 31, 2025.
3.8
Time Limit on Reapplication
Where an Application to amend the Zoning Bylaw or Official Community Plan
has been declined by Council, no Application for the same Bylaw Amendment
shall be received by the General Manager Planning and Development for a
period of six (6) months from the date it was declined.
PART FOUR: DEVELOPMENT PERMIT PROCEDURES
4.1
Authority
4.1.1 Council may, by resolution, issue, or authorize the General Manager
Planning and Development to issue on Council's behalf, development
permits, as authorized by the Local Government Act.
4.1.2 Part Four of this bylaw applies to all development permits except
watercourse development permits.
4.2
Application
An Application for a development permit shall be:
(a)
made through a fully completed Application Form, signed by the applicant
and the registered owner of the lot or lots affected;
(b)
be accompanied by the appropriate Application fee as provided in the then
Fees and Charges Bylaw; and
(c)
accompanied by such other information as is required by the City to
evaluate the Application.
4.3
Review
4.3.1 Referral
An Application for a development permit may be referred to other City
staff and applicable external agencies for review and comment.
4.3.2 Ministry of Transportation Approval
Where a development permit Application requires the approval of the
Ministry of Transportation under s. 505 of the Local Government Act,
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Council will consider approval of the permit after receiving Ministry
approval.
4.3.3 Development Permit Report
Except where the consideration of development permits has been
delegated pursuant to s. 4.5 of this bylaw, the General Manager Planning
and Development shall prepare a report for Council advising on the
Application with the following included:
(a)
a statement of whether the proposed development permit
complies with the Official Community Plan;
(b)
a statement, if applicable, of any provisions in the Zoning Bylaw or
other bylaw that are to be varied or supplemented and how they
are to be varied or supplemented; and
(c)
a copy of the proposed development permit.
4.4
Council Consideration
Council may, upon receiving the report of the General Manager Planning and
Development:
(a)
authorize issuance of the development permit;
(b)
decline the development permit;
(c)
defer the development permit Application; or
(d)
refer, with direction, the development permit Application back to staff.
4.5
Delegation of Council Powers
4.5.1 Delegation
Pursuant to s. 154(1)(b) of the Community Charter, Council delegates to
the General Manager Planning and Development, the powers of Council
under ss. 489, 490 and 491 of the Local Government Act to issue and
amend development permits in respect of development permit areas
established by an Official Community Plan, including the powers of
Council to require that the applicant provide security for the purposes of
s. 502 of the Local Government Act.
4.5.2 Conditions of Delegation
As a restriction on s. 4.5.1, the General Manager Planning and
Development, may only issue development permits for the following:
(a)
building improvements with a total construction value of $1,500,000
or less;
(b)
notwithstanding (a), small-scale residential;
(c)
interface wildfire risk management;
(d)
freestanding signs; and
(e)
permit extensions and cancellations.
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4.5.3 Reassignment of Development Permit
The General Manager Planning and Development, may assign a
development permit to a new owner when a transfer of title occurs on a
property for which a development permit has already been issued, either
by Council or the General Manager Planning and Development or
designee.
4.5.4 Development Permit Amendments
As a restriction of s. 4.5.1, the General Manager Planning and
Development may only amend development permits when:
(a)
density, lot coverage, siting, scale, spacing or configurations of
buildings are not altered by more than ten percent by the
amendment; and
(b)
open space and amenities are maintained to the same extent as
before the amendment.
4.5.5 Council Reconsideration
4.5.5.1 The owner of land whose development permit Application is
subject to this section may, within 10 business days of being
notified in writing of the General Manager Planning and
Development or designee's decision on their Application, request
Council to reconsider the General Manager Planning and
Development or designee's decision by giving notice in writing to
the City Clerk setting out the grounds on which the owner
considers the decision to be inappropriate, including the specific
decision and development permit conditions being challenged,
and what amounts of security Council ought to substitute.
4.5.5.2 The City Clerk will place each request for reconsideration on the
agenda of a meeting of Council to be held as soon as reasonably
possible but not more than ten (10) weeks from the date on which
the request for reconsideration was delivered.
The City Clerk will notify the applicant of the date of the meeting at
which reconsideration will occur.
The City Clerk will notify the General Manager Planning and
Development of each request for reconsideration and the General
Manager Planning and Development will, prior to the date of the
meeting at which the reconsideration will occur, provide a written
report to Council setting out, at the level of detail the General
Manager Planning and Development considers appropriate, the
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rationale for the General Manager Planning and Development's
decision.
4.5.5.3 Council will either confirm the decision of the General Manager
Planning and Development, or substitute its own decision,
including development permit conditions and amounts of security.
4.6
Security
Prior to issuance of a Development Permit, the applicant may be required
to deposit a security in a form acceptable to the Manager Financial
Services and the General Manager Planning and Development to ensure
satisfactory completion of all conditions of the permit pertaining to
landscaping or removal of an unsafe condition resulting from a
contravention of a condition of a permit.
The amount of the security must not be less than 2.5% of the
construction cost of any buildings, as estimated by the Building Inspector
under the Building Bylaw. This security does not relate to any securities
required under the Building Bylaw, Subdivision and Development
Servicing Bylaw or other bylaws.
In imposing the security requirements, the General Manager Planning
and Development may require security to be maintained for as long as:
(a)
a condition respecting landscaping has not been satisfied;
(b)
an unsafe condition has resulted as a consequence of a
contravention of a condition in the permit; or
(c)
damage to the natural environment has resulted as a
consequence of a contravention of a condition of the permit.
PART FIVE: WATERCOURSE PROTECTION DEVELOPMENT PERMIT PROCEDURES
5.1
Authority
Council may, by resolution, issue, or authorize the General Manager Engineering
and Public Works to issue on Council's behalf, a watercourse development
permit, as authorized by the Local Government Act.
5.2
Preliminary Application
An Application for a watercourse development permit shall:
(a)
be made on an Application Form signed by the applicant and the
registered owner;
(b)
be accompanied by one-half of the application fee, as provided in the
Fees and Charges Bylaw;
(c)
include a full written description of the proposed alteration of land and/or
development; and
(d)
provide an accurate site plan showing:
(i)
legal lot lines, the watercourse, and its top of bank;
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(ii)
the extent of area in which it is proposed to alter land; and
(iii)
the siting of all existing and proposed buildings, structures, works,
impervious surfaces, or proposed additions to any of these.
5.3
Preliminary Review
5.3.1
The preliminary Application will be reviewed to determine:
(a)
the nature and scope of the activity proposed under the
Application;
(b)
the objectives and guidelines of the Development Permit Area;
(c)
the availability of already existing relevant information;
(d)
what specific items of information will be required to evaluate the
Application; and
(e)
whether the proposed activity is minor in scope and will have no
significant impact in terms of the objectives and guidelines of the
Development Permit Area.
5.3.2 Once notified of the requirements under s. 5.3.1, the applicant shall then
provide the requested information together with the balance of the
applicable Development Permit application fee. Thereafter the processing
of the application shall be as set out in Part 4 of this bylaw.
5.4
Application and Review
Development approval information which the City may require in order to
evaluate a Development Permit application, as authorized by ss. 484, 486, 487,
489, 490 and 491 of the Local Government Act, and s. 5.3.1(b) of this bylaw may
include:
(a)
a plan prepared by a British Columbia Land Surveyor and showing:
(i)
the top of bank and natural boundary of any streams, relative to
legal boundaries; and
(ii)
sufficient information as to slope and elevations to determine
compliance with Section 519 of the City of Coquitlam Zoning Bylaw
No. 3000, 1996, as amended;
(b)
assessment by a registered professional biologist, including:
(i)
identification of environmentally sensitive areas and features;
(ii)
analysis of the potential impact of the proposed land alteration or
development activity; and
(iii)
recommendations to eliminate or mitigate such impacts;
(c)
assessment by a Professional Engineer with expertise in geotechnical
matters, including:
(i)
identification of any potential hazard of land slippage, bank
erosion, flooding or drainage blockage; and
(ii)
recommendations for measures to eliminate or mitigate any such
hazard;
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(d)
a plan by a Professional Engineer for all proposed drainage collection,
retention, detention and discharge works, as well as:
(i)
calculations showing the effect of these on pre-development run-
off rates in receiving watercourses; and
(ii)
a plan for the control of drainage, erosion and siltation throughout
the period of construction;
(e)
assessment by a certified arborist, including:
(i)
evaluation of existing trees and undergrowth;
(ii)
analysis of the potential impacts of the application on existing
trees and undergrowth;
(iii)
recommendations to avoid or mitigate such impacts;
(iv)
identification, where appropriate, of opportunities to enhance tree
growth and associated undergrowth;
(v)
where trees are proposed to be removed, a tree replacement plan
consistent with the tree replacement criteria of the Provincial
Ministry of Environment, Lands, & Parks; and
(f)
such other information as the General Manager Engineering and Public
Works finds reasonably necessary considering the circumstance of the
proposal and the objectives and guidelines for Watercourse Protection
Development Permit Area as established in the Citywide Official
Community Plan.
5.5
Exemptions
A Watercourse Protection Development Permit shall not be required where:
(a)
A hazardous or dangerous tree or trees (as designated in writing by a
certified arborist) are proposed to be removed and the owner provides a
letter of undertaking to provide replacement trees as per the
recommendation of a certified arborist;
(b)
The proposed activity is for the specific purpose of protecting fish habitat
and has been approved by senior government environmental regulatory
agencies;
(c)
An existing building or structure is being renovated, altered or
redeveloped within its existing footprint with no increase in pervious
area; and
(d)
Upon evaluation of the initial application of a Watercourse Protection
Development Permit application, the General Manager Engineering and
Public Works determines that the activity is minor in scope and will have
no significant impacts in terms of the objectives and guidelines of the
Watercourse Protection Development Permit area.
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5.6
Delegation of Council Powers
5.6.1 Delegation
Pursuant to s. 154(1)(b) of the Community Charter, Council delegates to
the General Manager Engineering and Public Works, the powers of
Council under ss. 489, 490 and 491 of the Local Government Act to issue
and amend development permits in respect of development permit areas
established by an Official Community Plan, including the powers of
Council to require that the applicant provide security for the purposes of
s. 502 of the Local Government Act.
5.6.2 Conditions of Delegation
As a restriction on s. 5.5.1, the General Manager Engineering and Public
Works, may only issue development permits for watercourse
development permits.
5.6.3 Council Reconsideration
Council reconsideration will be completed in accordance with s. 4.5.5 of this
bylaw.
PART SIX: DEVELOPMENT VARIANCE PERMIT PROCEDURES
6.1
Authority
6.1.1 Council may, by resolution, issue development variance permits, as
authorized by the Local Government Act. For the purpose of this bylaw,
development variance permits may be authorized for the Zoning Bylaw,
Subdivision and Development Servicing Bylaw, and Sign Bylaw.
6.1.2 An owner of land may apply for a development variance permit for the
development of any land within the City, but the permitted uses and the
density of land use permitted under the zone designation of the Zoning
Bylaw may not be varied by Council by development variance permit.
6.2
Application
An Application for a development variance permit shall:
(a)
be made on an Application Form, signed by the applicant and the
registered owner of the lot or lots affected;
(b)
be accompanied by the appropriate Application fee as provided in the then
current Fees and Charges Bylaw; and
(c)
include information as required to evaluate the Application.
6.3
Review
6.3.1 Referral
An Application for a development variance permit may be referred to
other City staff and applicable external agencies for review and comment.
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6.3.2 Ministry of Transportation Approval
Where a development variance permit Application requires the approval
of the Ministry of Transportation as required under s. 505 of the Local
Government Act, Council will consider approval of the permit after
receiving Ministry approval.
6.3.3 Development Variance Permit Report
The General Manager Planning and Development, shall prepare a report
for Council advising on the Application with the following included:
(a)
the provisions of the Zoning Bylaw, Subdivision and Development
Servicing Bylaw or Sign Bylaw to be varied or supplemented and
how they are to be varied or supplemented; and
(b)
a statement of any potential impacts the proposed variance may
have on adjacent properties or the surrounding neighbourhood
and how those impacts will be mitigated; and
(c)
a copy of the proposed development variance permit.
6.4
Notification
At least 10 days prior to the date of the Council Meeting, notice of Council's
consideration of the development variance permit shall be mailed or otherwise
delivered to:
(a)
the owners and any tenants in occupation of all lots which are the subject
of the application; and
(b)
the owners and any tenants in occupation of all lots within 50 metres
from the land(s) that is the subject of the application.
6.5
Council Consideration
Council may, in considering the development variance permit:
(a)
authorize issuance of the development variance permit;
(b)
decline the development variance permit;
(c)
defer the development variance permit Application; or
(d)
refer, with direction, the development variance permit Application back to
staff.
6.6
Delegation of Council Powers
6.6.1 Delegation
Pursuant to s. 154(1)(b) of the Community Charter and s. 498.1 of the Local
Government Act, Council delegates to the General Manager Planning and
Development, the powers of Council under s. 498 of the Local Government
Act to issue or amend minor development variance permits.
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6.6.2 Conditions of Delegation
6.6.2.1 As a restriction on s. 6.6.1, the General Manager Planning and
Development may only issue minor development variance permits
for variances of the following:
(a)
Zoning Bylaw provisions respecting siting, size and
dimensions of buildings, structures and permitted uses;
(b)
Zoning Bylaw provisions respecting off-street parking and
loading space requirements; and
(c)
Sign Bylaw provisions respecting the size, location and
number of signs.
6.6.2.2 For the purposes of s. 6.6.1, a development variance permit is
deemed to be a minor development variance permit if the
requested variance falls within 20% of the value prescribed in the
relevant bylaw, and the application is not associated with a
development permit that must be approved and issued by Council.
6.6.3 Guidelines for Evaluation
In deciding whether to issue a minor development variance permit, the
General Manager Planning and Development must consider the
guidelines and assessment criteria as set out in the City's Development
Variance Assessment Criteria Policy and Procedure, as amended by
Council from time to time.
6.6.4 General Exceptions
The provisions of sections 6.3.3 (Development Variance Permit Report),
6.4 (Notification) and 6.5 (Council Consideration) of this bylaw do not
apply to minor development variance permits.
6.6.5 Council Reconsideration
6.6.5.1 The owner of land whose minor development variance permit
Application is subject to this section may, within 10 business days
of being notified in writing of the General Manager Planning and
Development's decision on their Application, request Council to
reconsider the General Manager Planning and Development's
decision by giving notice in writing to the City Clerk setting out the
grounds on which the owner considers the decision to be
inappropriate, including the specific decision being challenged.
6.6.5.2 The City Clerk will place each request for reconsideration on the
agenda of a meeting of Council to be held as soon as reasonably
possible but not more than ten (10) weeks from the date on which
the request for reconsideration was delivered.
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The City Clerk will notify the applicant of the date of the meeting at
which reconsideration will occur.
The City Clerk will notify the General Manager Planning and
Development of each request for reconsideration and the General
Manager Planning and Development will, prior to the date of the
meeting at which the reconsideration will occur, provide a written
report to Council setting out, at the level of detail the General
Manager Planning and Development considers appropriate, the
rationale for the General Manager Planning and Development's
decision.
6.6.5.3 Council will either confirm the decision of the General Manager
Planning and Development, or substitute its own decision.
6.7
Security
Security in a form acceptable to the Manager Financial Services and the General
Manager Planning and Development, may be required to ensure satisfactory
completion of all conditions of the permit.
The amount of the security must be not less than 2.5% of the construction cost
of any buildings, as estimated by the Building Inspector under the Building
Bylaw. This security does not relate to any securities required under the Building
Bylaw, Subdivision and Development Servicing Bylaw or other bylaw.
In imposing the security requirements, the General Manager Planning and
Development, may require security to be maintained for as long as there is a
reasonable possibility of an unsafe condition resulting as a consequence of a
contravention of a condition in the permit, or damage to the natural
environment has resulted as a consequence of a contravention of a condition in
the permit.
PART SEVEN: TEMPORARY USE PERMITS
7.1
Authority
7.1.1 As authorized by the Local Government Act, an Official Community Plan or
Zoning Bylaw may designate areas where temporary uses may be
allowed and may specify conditions.
7.1.2 Council may, by resolution, issue a temporary use permit within an area
designated in the Official Community Plan or Zoning Bylaw.
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7.2
Application
An Application for a temporary use permit shall:
(a)
be made on an Application Form, signed by the applicant and the
registered owner of the lot or lots affected;
(b)
be accompanied by the appropriate Application fee as authorized in the
then current Fees and Charges Bylaw; and
(c)
include information as required to evaluate the Application.
7.3
Review
7.3.1 Referral
An Application for a temporary use permit may be referred to other City
staff and applicable external agencies for review and comment.
7.3.2 Ministry of Transportation Approval
Where a temporary use permit Application requires the approval of the
Ministry of Transportation as required under s. 505 of the Local
Government Act, Council will consider approval of the permit after
receiving Ministry approval.
7.3.3 Temporary Use Permit Report
The General Manager Planning and Development, shall prepare a report
for Council advising on the merits of the Application with the following
included:
(a)
a description of the proposed temporary use;
(b)
a statement if the proposed temporary use complies with the
Official Community Plan; and
(c)
a copy of the proposed permit, including:
(i)
the date the permit expires; and
(ii)
if applicable, a letter of undertaking, attached to and
forming part of the permit, to demolish or remove a
building or structure or restore land described in the
permit to a condition, and by a date, specified in the permit.
7.4
Notification
7.4.1 The City Clerk shall publish notice at least three (3) and not more than
fourteen (14) days prior to Council consideration of a temporary use
permit that states:
(a)
the purpose of the proposed permit;
(b)
the land or lands that are the subject of the proposed permit; and
(c)
the place where, and the times and dates when, copies of the
proposed permit may be inspected, and the date, time and place
when the resolution will be considered.
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7.4.2 Not less than 10 days prior to the date of the Council Meeting, notice of
Council's consideration of the temporary use permit shall be mailed or
otherwise delivered to:
(a)
the owners and any tenants in occupation of all lots which are the
subject of the application; and
(b)
the owners and any tenants in occupation of all lots within 100
metres from the land(s) that is the subject of the application.
7.5
Council Consideration
Council may, in considering the temporary use permit may:
(a)
authorize issuance of the temporary use permit;
(b)
decline the temporary use permit;
(c)
defer the temporary use permit Application; or
(d)
refer, with direction, the temporary use permit Application back to staff.
7.6
Delegation of Council Powers
7.6.1 Delegation
Pursuant to s. 154(1)(b) of the Community Charter, Council delegates to
the General Manager Planning and Development, the powers of Council
under s. 497 of the Local Government Act to renew temporary use permits
including the powers of Council to require that the applicant provide
security for the purposes of ss. 496 and 502 of the Local Government Act.
7.6.2 Council Reconsideration
7.6.2.1 The owner of land whose temporary use permit renewal
Application is subject to this section may, within 10 business days
of being notified in writing of the General Manager Planning and
Development's decision on their Application, request Council to
reconsider the General Manager Planning and Development's
decision by giving notice in writing to the City Clerk setting out the
grounds on which the owner considers the decision to be
inappropriate, including the specific decision being challenged.
7.6.2.2 The City Clerk will place each request for reconsideration on the
agenda of a meeting of Council to be held as soon as reasonably
possible but not more than ten (10) weeks from the date on which
the request for reconsideration was delivered.
The City Clerk will notify the applicant of the date of the meeting at
which reconsideration will occur.
The City Clerk will notify the General Manager Planning and
Development of each request for reconsideration and the General
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Manager Planning and Development will, prior to the date of the
meeting at which the reconsideration will occur, provide a written
report to Council setting out, at the level of detail the General
Manager Planning and Development considers appropriate, the
rationale for the General Manager Planning and Development's
decision.
7.6.2.3 Council will either confirm the decision of the General Manager
Planning and Development, or substitute its own decision.
7.7
Security
Prior to issuance of the permit, the applicant must deposit a security in a form
acceptable to the Manager Financial Services and the General Manager Planning
and Development to ensure satisfactory completion of all conditions of the
permit pertaining to landscaping or removal of an unsafe condition resulting
from a contravention of a condition of a permit.
The amount of the security must be not less than 2.5% of the construction costs
of any buildings, as estimated by the Building Inspector under the Building
Bylaw. This security does not relate to any securities required under the Building
Bylaw, Subdivision and Development Servicing Bylaw or other bylaws.
In imposing the security requirements, the General Manager Planning and
Development, may require security to be maintained for as long as a condition
respecting landscaping has not been satisfied, an unsafe condition resulting as a
consequence of a contravention of a condition in the permit, or damage to the
natural environment has resulted as a consequence of a contravention of a
condition of the permit.
PART EIGHT: HERITAGE REVITALIZATION AGREEMENTS
8.1
Authority
8.1.1 Council may, by bylaw, enter into a heritage revitalization agreement with
a property owner, as authorized by s. 610 of the Local Government Act.
8.1.2 A heritage revitalization agreement prevails over a Zoning Bylaw,
Development Permit or Development Variance Permit, in the event of any
conflict.
8.1.3 A heritage revitalization agreement may only be amended by bylaw with
the consent of the owner.
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8.2
Application
An Application for a heritage revitalization agreement shall be:
(a)
made on an Application Form signed by the applicant and the registered
owners of the lot or lots affected;
(b)
accompanied by the appropriate Application fee; and
(c)
include information as required to evaluate the Application.
8.3
Review
8.3.1 Referral
An Application for a heritage revitalization agreement may be referred to
other City staff and applicable external agencies for review and comment.
8.3.2 Ministry of Transportation Approval
Where a heritage revitalization agreement Application requires the
approval of the Ministry of Transportation, as required under s. 52(3) of
the Transportation Act, Council will consider approval of the permit after
receiving Ministry approval.
8.4
Public Hearing
Where the heritage revitalization agreement would permit a change to the use
or density that is not otherwise authorized by the applicable zoning of the
property, a public hearing will be held prior to entering the agreement.
8.4.1 Notification
Notification will be given in accordance with sections 3.5.1 and 3.5.2 of
this Bylaw.
8.5
Council Consideration after Public Hearing
8.5.1 After the public hearing has been closed, Council will consider the
heritage revitalization agreement bylaw and may:
(a)
give second or third reading, or both, to the bylaw;
(b)
give second and third readings, and consider final adoption of the
bylaw;
(c)
decline to give any further reading to the bylaw, therefore
declining the application;
(d)
defer the bylaw; or
(e)
refer the bylaw back to staff, with direction.
8.5.2 Council may consider final adoption of a heritage revitalization
agreement bylaw:
(a)
after three readings have been given; and
(b)
following receipt of written approval, if applicable, from the
Ministry of Transportation.
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8.6
Bylaw Lapse and Time Extension
8.6.1 Every heritage revitalization agreement bylaw which has not been given
final adoption by Council within one year after the date it was given third
reading lapses, and will be of no force and effect, and an applicant who
wishes to proceed with their Application must initiate a new Application.
8.6.2 Notwithstanding s. 8.6.1 and s. 11.1, a time extension for a heritage
revitalization agreement bylaw may occur as follows:
(a)
First Extension: upon written request by the applicant prior to the
expiry of the one year period, the General Manager Planning and
Development may, but is not obligated to, grant the first extension
of up to one year to enable the applicant to complete the
requirements for final adoption;
(b)
Second Extension: upon written request by the applicant prior to
the expiry of an extension period, Council may, but is not
obligated to, grant a second and final extension of up to one year;
and
(c)
Third Extension: despite Subsection (b) above, and upon written
request by the applicant prior to the expiry of an extension period,
Council may, but is not obligated to grant a third and final
extension of up to one year, but only where the second extension
has been previously granted by Council and is set to lapse before
December 31, 2025.
8.7
Notice to Minister
Within 30 days after entering into or amending a heritage revitalization
agreement, the City must give notice to the minister responsible for the Heritage
Conservation Act, in accordance with s. 595 of the Local Government Act.
PART NINE: AGRICULTURAL LAND COMMISSION ACT APPLICATIONS
9.1
Authority
An Agricultural Land Reserve application for resolution under s. 30(4) of the
Agricultural Land Commission Act may be reviewed by the City and must be
forwarded to the Agricultural Land Commission, as required under the
Agricultural Land Commission Act.
9.2
Application
An Agricultural Land Reserve application shall:
(a)
be accompanied by the appropriate Application fee; and
(b)
include information as required under the Agricultural Land Commission Act,
to evaluate the Agricultural Land Reserve application.
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9.3
Review
9.3.1 An Agricultural Land Reserve application may be referred to City staff for
review and comment.
9.3.2 A public information meeting may be held by the applicant with respect
to the Agricultural Land Reserve application.
9.4
Council Resolution
Council may, by resolution, provide recommendations to the Agricultural Land
Commission on the Application.
9.5
Application Forwarded to Agricultural Land Commission
Within 60 days after receipt of the Agricultural Land Reserve application, or
within 90 days, if a public information meeting is held, the Agricultural Land
Reserve application for resolution must be forwarded to the Agricultural Land
Commission.
PART TEN: LIQUOR LICENCE COMMENTS AND RECOMMENDATIONS
10.1
Delegation of Council Powers
10.1.1 Delegation
Pursuant to s. 154(1)(b) of the Community Charter and s. 40 of the Liquor
Control and Licensing Act, Council delegates to the General Manager
Planning and Development, the powers of Council under s. 38 of the
Liquor Control and Licensing Act.
10.1.2 Conditions of Delegation
As a restriction on s. 10.1.1, the General Manager Planning and
Development may only provide comments and recommendations to the
Liquor and Cannabis Regulation Branch for the following application
types:
(a)
Food-Primary Licence;
(b)
Liquor-Primary Licence, or Liquor Manufacturing Licence holder
with Lounge Endorsement located in core areas as shown on
Schedule "O" of the Zoning Bylaw;
(c)
Amendment to an existing licence for a capacity increase of less
than 20%; and
(d)
Amendment to an existing licence for a change of operating hours
that falls within the operating hours prescribed in the City's Liquor
Licensing Application Referral/Review Policy, as amended from
time to time.
10.1.3 Council Reconsideration
10.1.3.1 An applicant whose Liquor Licence Application or Liquor Licence
Amendment Application is subject to this section may, within 10
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business days of being notified in writing of the General
Manager Planning and Development's comments and
recommendations on their application, request Council to
reconsider the General Manager Planning and Development's
comments and recommendations by giving notice in writing to
the City Clerk setting out the grounds on which the owner
considers the comments and recommendations to be
inappropriate, including the specific comment or
recommendation being challenged.
10.1.3.2 The City Clerk will place each request for reconsideration on the
agenda of a meeting of Council to be held as soon as reasonably
possible but not more than ten (10) weeks from the date on
which the request for reconsideration was delivered.
The City Clerk will notify the applicant of the date of the meeting
at which reconsideration will occur.
The City Clerk will notify the General Manager Planning and
Development of each request for reconsideration and the
General Manager Planning and Development will, prior to the
date of the meeting at which the reconsideration will occur,
provide a written report to Council setting out, at the level of
detail the General Manager Planning and Development
considers appropriate, the rationale for the General Manager
Planning and Development's comments and recommendations.
10.1.3.3 Council will either confirm the comments and recommendations
of the General Manager Planning and Development, or
substitute its own comments and recommendations.
PART ELEVEN: INACTIVE APPLICATIONS
11.1
Where no submission of outstanding or required Application materials has been
made by the applicant on an Application file for any six (6) month period, or such
longer time, as the City may determine, the Application shall be considered
inactive and closed. The applicant shall be notified in writing and if no response
is received within thirty (30) days, the application file will be closed.
PART TWELVE: OTHER PROVISIONS
12.1
Land Title Notices
The following individuals are delegated authority to execute and file a Land Title
Notice on behalf of the City:
(a)
the General Manager Planning and Development;
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(b)
those City employees that the General Manager Planning and
Development designates in writing from time to time as having the
authority to execute and file Land Title Notices;
(c)
the General Manager Engineering and Public Works;
(d)
those City employees that the General Manager Engineering and Public
Works designates in writing from time to time as having the authority to
execute and file Land Title Notices;
(e)
the Director Legal Services and Bylaw Enforcement; and
(f)
those City employees that the Director Legal Services and Bylaw
Enforcement designates in writing from time to time as having the
authority to execute and file Land Title Offices.
12.2
Irregularity
The failure of Council or a Committee to observe the provisions of this Bylaw
does not affect the validity of resolutions passed or bylaws enacted by Council.
12.3
Severability
If any part, section, subsection, clause or sub-clause of this Bylaw is for any
reason held to be invalid by the decision of a Court of competent jurisdiction,
such decision does not affect the validity of the remaining portions of this Bylaw.
READ A FIRST TIME this 7th day of December, 2009.
CONSIDERED AT PUBLIC HEARING this 8th day of February, 2010.
READ A SECOND TIME this 8th day of February, 2010.
READ A THIRD TIME this 8th day of February, 2010.
GIVEN FOURTH AND FINAL READING and the Seal of the Corporation affixed this 8th day
of February, 2010.
MAYOR
CLERK