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The Corporation of the City of Courtenay
Bylaw No. 3202
A bylaw to establish procedures for the processing of land development Applications.
WHEREAS Council wishes to establish clear and transparent procedures for processing land development
Applications and related permits;
WHEREAS under section 460 of the Local Government Act, the Council must, by bylaw, establish procedures
under which an owner of land may apply for an amendment to an Official Community Plan or Zoning Bylaw, or
for the issuance of a permit under Part 14 of that Act;
AND WHEREAS under section 154 of the Community Charter, the Council may Delegate to officers and
employees certain powers, duties and functions relating to these procedures;
AND WHEREAS under section 94.2 of the Community Charter, the Council may provide alternative means of
publishing public notices;
NOW THEREFORE the Council of the City of Courtenay, in open meeting assembled, enacts as follows:
PART 1: GENERAL PROVISIONS
1.1.
Citation
This Bylaw shall be cited for all purposes as "City of Courtenay Development Procedures Bylaw No. 3202,
2025".
1.2.
Definitions
(a)
In this Bylaw:
"Agent"
means the person(s) given authority by the Owner(s) to act on their
behalf for the purposes of making and dealing with an Application to
the City.
"Applicant"
means the Owner(s), or the authorized Agent, to make an Application to
the City's Development Services Department.
"Application"
means a written submission by an Applicant in relation to any of the
matters set out in Section 1.5 of this Bylaw.
"Approving
Officer"
means the person appointed by Council to that position and includes
their lawful deputy or a person designated by Council to act in their
place.
"Certificate of
Title"
means the document issued from the BC Land Title and Survey Authority
identifying the owner, legal description of land, and any charges
registered against the title.
"City"
means the City of Courtenay.
"Community
Information
Meeting" or "CIM"
means an information session held in accordance with Part 7 of this
Bylaw.
Development Procedure Bylaw No.3202
Page 2 of 38
"Complete
Application"
means a submission that fulfills all requirements for Application in
accordance with part 3 of this Bylaw.
"Corporate
Officer"
means the Corporate Officer for the City of Courtenay.
"Council"
means the Council of the City of Courtenay.
"Development
Approval
Information" or
"DAI"
means information required to support the approval of development
Applications as set out in the Official Community Plan Bylaw and this
Bylaw.
"Development
Permit"
means a Development Permit issued pursuant to the Local Government
Act. [Refers to the authorization of a permit issued under Section 490 of
the Act, allowing certain forms of development or land use based on
guidelines and conditions set by local government regulations.]
"Development
Variance Permit"
means a Development Variance Permit issued pursuant to the Local
Government Act. [Refers to a permit issued under Section 498 of the
Act, permitting specified deviations from established land-use
regulations, within set parameters, without altering the land's actual
zoning designation.]
"Minor
Development
Variance Permit"
means a Development Variance Permit that has been determined to be
minor by the Delegate in accordance with the criteria set out in this
Bylaw.
"Delegate"
means the person holding the position of the City's Director of
Development Services or Manager of Development Planning, or a person
Delegated the authority to act in the place of either person.
"Encroachment
Agreement"
means a legally binding real-estate document signed between affected
parties when a property encroachment is found to exist.
"Fees and Charges
Bylaw"
means the City of Courtenay's Fees and Charges Bylaw, as amended or
replaced from time to time.
"Latecomer
Agreement"
means a legally binding document that establishes the terms by which
developers can recover costs for excess capacity beyond what is
required for the initial development.
"Local
Government Act"
means the Local Government Act, RSBC 2015, c. 1.
"Official
Community Plan"
or "OCP"
means the City's Official Community Plan Bylaw, as amended or
replaced from time to time.
"Owner"
means the person(s) listed in the Land Title Office as the Owner.
"Phased
Development
Agreement"
means a land-use agreement entered into under Part 14 of the Local
Government Act between the City and a Owner to set out a
framework for multi-phase development within a defined area and
timeframe. The agreement may include provisions for zoning and
subdivision servicing, community amenities, timing and phasing of
Development Procedure Bylaw No.3202
Page 3 of 38
development, latecomer recovery, housing agreements, and other
related terms and conditions.
"Planner"
means a planning professional employed by the City to administer
the provisions of this Bylaw.
"Pre-Acceptance
Review"
means a brief informal review, by a City Planner or Delegate, of a
development proposal to provide applicable regulatory and policy
information to help the Applicant inform their project design for a Pre-
Application Consultation Meeting and/or future planning application.
"Pre-Application
Consultation
Meeting"
means a formal meeting for Applicants to present their development
proposal to Development Services Staff and obtain feedback prior to
making a submission of a Complete Application.
"Preliminary Lot
Review"
means a review of a proposed subdivision by the City's Approving
Officer, which is not a final decision on approval of the subdivision within
the meaning of the Land Title Act, RSBC 1996, c. 250.
"Qualified
Professional"
means a person holding professional accreditation, acceptable to the
Delegate, with an organization that sets and enforces standards for the
activities carried out by its members. This may include, but is not limited
to, a professional engineer, geoscientist, architect, landscape architect,
surveyor, certified arborist, biologist, agrologist, Planner, forester, or
other professional licensed to practise in British Columbia with
experience relevant to the applicable matter, as determined by the
Delegate. A Qualified Professional must be independent of the Applicant
unless otherwise approved by the Delegate.
"Sign Bylaw"
means the City of Courtenay's Sign Bylaw, as amended or replaced from
time to time.
"Site Plan"
means a plan prepared by a Qualified Professional showing, at a
minimum, all existing lot lines, proposed buildings, required setbacks,
and:
-
for subdivision Applications, all proposed lots and watercourses
demonstrating that each parcel includes a buildable area compliant
with all applicable bylaws; and
-
for Applications requiring environmental assessment, all setbacks
from environmental features required under applicable bylaws and
regulations.
"Substantial
Completion
Report"
means a Report prepared by a Qualified Professional in accordance with
Section 5.6 of this Bylaw.
"Report"
means any opinion, written document, study, or other information that
provides details on a proposed development and verifies compliance
with one or more enactments or City requirements.
"Zoning
Bylaw"
means the City's Zoning Bylaw, as amended or replaced from time to
time.
Development Procedure Bylaw No.3202
Page 4 of 38
(a)
Unless otherwise provided in this Bylaw, words and phrases used herein have the same
meanings as in the Local Government Act, Community Charter, or Land Title Act, as the context
and circumstances may require.
(b)
Any enactment referred to herein is a reference to an enactment of British Columbia and its
regulations, as amended or replaced from time to time.
(c)
Unless otherwise stated, a reference in this Bylaw to another City of Courtenay bylaw includes
that bylaw as amended, revised, consolidated, or replaced from time to time.
1.3.
INTERPRETATION
In this Bylaw
(a)
words importing the singular number include the plural and vice versa and words importing the
neuter gender include the masculine and the feminine genders;
(b)
headings given to sections are for convenience of reference only and do not form part of this
Bylaw;
(c)
unless expressly stated otherwise, a reference to a "section" is a reference to a section in this
Bylaw and a reference to a "part" is a reference to a part in this Bylaw; and
(d)
a reference to the current title of a job position includes the position as it may be renamed
from time to time, or to any successor position that is most closely connected to the position if
it is modified or eliminated from time to time.
1.4.
In the event of a conflict between this Bylaw and the Housing Statutes (Residential Development)
Amendment Act, 2023, or any successor provincial enactment governing residential development, the
provincial enactment shall prevail.
1.5.
This Bylaw applies to the following Applications related to land within the boundaries of the City:
(a)
an amendment to the City's "Official Community Plan Bylaw";
(b)
an amendment to the City's "Zoning Bylaw";
(c)
the establishment of Phased Development Agreements;
(d)
the preparation of a Housing Agreement;
(e)
a permit issued pursuant to Part 14 of the Local Government Act; including:
i.
Development Permits and any amendments to a Development Permit;
ii.
Development Variance Permits, including Minor Development Variance Permits;
iii.
Temporary Use Permits;
(f)
Floodplain Exemptions; and
(g)
Section 219 Covenant and or Statutory Right of Way Amendments.
Development Procedure Bylaw No.3202
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PART 2: DELEGATION OF AUTHORITY
2.1.
General
Council Delegates certain powers, duties, and functions under section 154 of the Community Charter and
section 460 of the Local Government Act to City officers and employees, as set out in this Part.
(a)
Delegated decision-making powers
The Delegate is authorized to:
i.
Issue, amend, extend, or refuse the following permits in accordance with this Bylaw and
applicable legislation:
A.
Development Permits, including amendments;
B.
Development Variance Permits, including Minor Development Variance Permits;
C.
Temporary Use Permits; and
D.
Floodplain Exemptions.
ii.
Determine whether a variance Application qualifies as a Minor Development Variance
Permit under this Bylaw.
iii. Approve and execute development-related agreements and covenants authorized by
Council, including but not limited to:
A.
Phased Development Agreements;
B.
Statutory Rights of Way;
C.
Section 219 Covenants;
D.
Housing Agreements; and
E.
Encroachment Agreements.
iv. Determine whether a development Application is complete or incomplete under Part 3 of
this Bylaw.
v.
Require, review, or waive the submission of Development Approval Information (DAI)
under Part 4 of this Bylaw.
vi. Authorize the collection and release of security deposits as described in Part 5 of this
Bylaw.
vii. Make determinations or interpretations necessary to administer this Bylaw, including
confirming compliance with conditions of approval.
(b)
Administrative functions
The Delegate may also:
i.
Establish, revise, and publish administrative procedures, forms, and templates to
implement this Bylaw.
ii.
Coordinate pre-Application meetings, Pre-Acceptance Reviews, and other internal review
processes.
iii. Determine fees and refund eligibility in accordance with the City's "Fees and Charges
Bylaw", as amended.
Development Procedure Bylaw No.3202
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iv. Request or provide technical information from other departments, agencies, or
professionals as necessary.
v.
Perform any other non-statutory duties incidental to the administration of this Bylaw.
2.2
Shared authority
Council Delegates to both the Delegate and a Planner the authority to:
(a) Receive, review and require Development Approval Information to administer Part 14 of the Local
Government Act, this Bylaw, or other bylaws of the City related to land use planning, development
or building;
(b) Conduct Pre-Acceptance Reviews and require Applicants to participate in Pre-Application
Consultation Meetings, unless waived by the Delegate; and
(c) Require an Applicant to provide a Site Plan, or confirmation by a British Columbia Land Surveyor
that a Site Plan conforms to the Zoning Bylaw or other applicable City bylaws.
Where both the Delegate and a Planner are authorized to exercise a power under this Bylaw, the
Delegate retains final authority unless otherwise Delegated in writing.
2.3
Delegated Minor Development Variance Permit
An Application for a Development Variance Permit may be considered a Minor Development Variance
Permit by the Delegate if the requested variance(s) meets the following criteria:
(a) Varies the requirement of the Zoning Bylaw no greater than 40% in relation to:
i.
Minimum parking space provision for vehicles, loading and bicycles;
ii.
Off street parking and loading area design standards, including dimensions, siting and access;
iii.
Dimension and siting of garbage and recycling storage facilities
iv.
Building setbacks, lot frontage and lot depth and useable open space;
v.
Dimension of patios and decks;
vi.
Landscaping and screening, except fence height;
vii.
In relation to the Sign Bylaw, size, number and/or placement; and
(b) Varies the requirement of the Zoning Bylaw no greater than 25% in relation to:
i.
Lot coverage, permeable surfaces and building height, provided there is no increase in
density;
ii.
Projections into a required setback; and
iii.
Fence height.
(c) the variance does not vary land or density; and
(d) the variance is consistent with the Official Community Plan Bylaw.
2.4
Encroachment Agreements
(a)
All development is strongly urged to ensure development occurs on the property where the
Application applies. Where a building or structure encroaches onto City lands, an Encroachment
Agreement is required.
Development Procedure Bylaw No.3202
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(b)
Once it is determined that there is an encroachment onto City land, the owner/Applicant will
complete the following steps to make an Application to allow the encroachment:
i.
Apply and pay the appropriate fee; and
ii.
Provide access to the site for a City inspection;
(c)
City will provide an assessment of the encroachment, considering safety, maintenance, future
development potential and interference with utilities and public use.
(d)
If the City supports the encroachment, the Applicant will enter into a legally binding
Encroachment Agreement with the City, specifying conditions, responsibilities, terms, and
insurance, non-compliance enforcement and any related fees.
If the City does not support the encroachment for reasons of safety, maintenance, future development potential
and interference with utilities and public use, the Applicant may be required to remove the buildings and/or
structures to comply with property lines and setbacks.
PART 3: APPLICATION REQUIREMENTS
3.1.
Complete Applications
(a)
The City will only process Complete Applications.
(b)
If an Applicant submits a Complete Application, the Delegate or a Planner shall process the
Application in accordance with this Bylaw unless otherwise directed.
3.2.
Minimum Application requirements
The minimum Application requirements for all Applications are:
(a)
Payment of all associated Application fees in accordance with the City's "Fees and Charges
Bylaw";
(b)
Complete Application form(s) prescribed by the Delegate, including written authorization from
registered owner(s) of the land involved in the Application;
(c)
Certificate of Title dated not more than 30 days before submission;
(d)
Site Plan, unless waived by the Delegate; and
(e)
All Reports and Development Approval Information (DAI) required under Part 4 of this Bylaw,
which have been identified by in either the Pre-Acceptance Review and/or Pre-Application
Consultation Meeting, along with any Report(s) identified during or after circulation.
3.3.
Additional information
The Delegate or a Planner may require the following additional information to support an Application:
(a)
Review of a previously submitted Report or DAI;
(b)
Copies of covenants registered on Title;
(c)
Site disclosure statement in accordance with the Environmental Management Act;
(d)
Confirmation that other required permits, approvals or authorizations have been obtained; and
(e)
Payment of security in accordance with Part 5 of this Bylaw.
Development Procedure Bylaw No.3202
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3.4.
Incomplete Applications
(a)
If staff determine that an Application is missing one or more of the required items in section 3.2
it is deemed to be incomplete.
(b)
The Application will be placed on hold and the Applicant will receive a written request to
provide the required information.
(c)
An Application that remains inactive for more than six (6) months without substantive Applicant
action is deemed inactive and is subject to the appliable provisions in Part 6: Validity of
Applicants.
3.5.
Authorization by owner
All Applications must be submitted by or on behalf of all the owner(s) of land involved. Where an Agent
acts on behalf of an owner, written authorization from the owner(s) must be provided, and any change
in Agent must be promptly reported to the City in writing.
3.6.
Change of ownership
If ownership of land, subject to an active Application changes, the new Owner(s) must, as soon as practical,
provide the City with an updated Certificate of Title and written authorization confirming continuation of
the Application.
3.7.
Update Land Title Certificates
For all other changes to the Land Title Certificate(s) for the parcel(s) of land that is subject to an Application
under this bylaw, the City will require updated Land Title Certificate(s) for the parcel(s) of land and copies
of any encumbrances.
3.8.
Referral and review
Depending on the nature of an Application, the Delegate or Planner may refer the submission to other City
departments and external agencies for review and comment.
3.9.
Reports to Council
Where an Application requires a Council decision, the Delegate or a Planner will prepare a staff report for
Council's consideration, incorporating feedback received through the referral and review process
described in section 4.1.
3.10.
Application-specific processes
In addition to the Application requirements established in this Bylaw, the following specific Application
types will generally follow the process set out as follows:
Application type
Schedule
Official Community Plan or Zoning Bylaw amendment (including Phased
Development Agreement)
Schedule A
Preparation of Housing Agreement
Schedule B
Delegated Development Permit
Schedule C
Development Variance Permit (Approval by Council)
Schedule D
Delegated Minor Development Variance Permit
Schedule E
Temporary Use Permit
Schedule F
Floodplain Exemptions
Schedule G
Section 219 Covenant and or Statutory Right of Way Amendments
Schedule H
Development Procedure Bylaw No.3202
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3.11.
Concurrent Applications
Concurrent Applications are encouraged. Where a proposed activity or development requires more than
one approval by the City, concurrent Application may be submitted that addresses the requirements of
each applicable Application type and the Applicant must pay the fees for each Application type in the
amount set out in the City's "Fees and Charges Bylaw".
3.12
Multiple sites
Where a proposal involves multiple adjoining sites, the Planner or Delegate may accept a single
Application if the configuration or consolidation that is acceptable to the City.
3.13
Subdivision coordination
Where an amendment to the Zoning Bylaw is made to support a subdivision Application, a subdivision
Application must be made, and a Preliminary Lot Review (PLR) letter issued, before adoption of the
zoning amendment bylaw.
PART 4: DEVELOPMENT APPROVAL INFORMATION (DAI)
4.1.
Purpose and applicability
The purpose of this Part is to establish procedures and requirements for Development Approval
Information (DAI) required under section 484 of the Local Government Act and the Official Community
Plan. Depending on the nature of an Application, the Delegate or Planner may:
(a)
Refer the Application to City departments or external agencies for review and comment;
(b)
Require Reports prepared and certified by Qualified Professionals; and
(c)
Require submission of DAI to support evaluation of the Application.
4.2.
Responsibility and cost
Any Reports or DAI required under this Bylaw must be prepared and signed by Qualified Professionals
acceptable to the Delegate, at the Applicant's sole cost.
4.3.
Request for additional information
Where a Planner or the Delegate determines that further information is required to evaluate an
Application, including DAI identified in the OCP, the requirement must be communicated to the
Applicant in writing following the Pre-Acceptance Review and/or Pre-Application Consultation Meeting.
4.4.
Terms of Reference
City Staff or Delegate will provide an Applicant with Terms of Reference (ToR) Guidelines where
available or be available to review and comment on an Applicant's draft ToR for each study that is
required to complete the DAI. The level of information required will correspond to the magnitude or
complexity of the proposed development. The Applicant may suggest modifications to the ToR, which
will be reviewed, considered and approved by City staff and/or the Delegate.
4.5.
Certification of documents
Where required by the Planner or Delegate, all documents, drawings, Reports, security estimates,
technical letters, and other documentation must be certified by a Qualified Professional and submitted
to the Planner or Delegate for the purposes of reviewing the Application.
Development Procedure Bylaw No.3202
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4.6.
Report contents
A Report required under this Part must include, at minimum:
(a)
the legal description and property identifier (PID) for the land that is the subject of the
Application;
(b)
a copy of the Certificate of Title and all relevant land use covenants, easements, statutory rights
of way or other charges on the title, provided to the City, no more than 30 days prior to
submission to the City;
(c)
a location and context map for the land that is the subject of the Application;
(d)
a description of the methodology and assumptions used to undertake the Report or sufficient
detail regarding assessment and the methodology to facilitate a professional peer review, if
required under Part 4 this Bylaw;
(e)
identification and definition of the context, interaction, scope, magnitude and significance of the
anticipated impacts of the proposed activity or development on both adjacent properties and
the City as a whole, as well as the data and methodological accuracy, assumptions,
uncertainties, acceptability thresholds, and how the anticipated impacts may cumulatively
contribute to existing risks, stressors, and threats; and
(f)
professional conditions or requirements that City staff may recommend to Council to mitigate
anticipated negative impacts of development.
4.7.
Expiry and renewal of DAI or Reports
DAI or Reports older than 12 months require written confirmation from the author that the information
remains accurate and conditions have not substantially changed with respect to the proposed
development previously assessed.
4.8.
Outdated DAI or Reports
Notwithstanding Section 4.7, if the Planner or Delegate determines that a Report or DAI is outdated,
they will:
(a)
Notify the Application in writing, that information is outdated, incomplete or deficient, and the
nature of deficiencies and the timeframe to resubmit the corrected Report; or
(b)
Notify the Applicant that the current Report or DAI remains valid despite being older than 12
months and a new Report will not be required.
4.9.
Incomplete or deficient Reports
If a Report is found incomplete or deficient, the Delegate may, by written notice, require the Applicant
to:
(a)
Revise and re-submit the Report or DIA at their own expense; or
(b)
Retain an independent Qualified Professional to conduct a peer review of the Report or DAI, at
the cost of the Applicant
4.10.
Additional costs
In addition to any Application fees contained in the Fee and Charges Bylaw, an Applicant shall be
responsible for the City's actual costs of any third-party professional review required under this Part,
including but not limited to legal, engineering, environmental, geotechnical, biologists, architectural and
other Qualified Professionals. The Applicant shall pay the invoiced actual cost prior to final consideration
of the Application by the authorized decision-maker.
Development Procedure Bylaw No.3202
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4.11.
Qualified Professional accountability
The Planner or Delegate will review all documents and design drawings to verify general compliance
with the requirements but is not responsible for verifying technical accuracy. Any errors or omissions
remain the sole responsibility of the Qualified Professional who certified the submission documents.
4.12.
Presentation of findings
The Delegate may request, at the Applicant's expense, the author of the Report or DAI make a
presentation to Council, the community, or staff.
4.13.
Authority of Delegate
The Delegate is authorized to:
(a)
Establish and revise the required information, documents, plans, and/or other information
requirements for each type of Application pursuant to this Bylaw;
(b)
Establish and revise the size, form and quality of information, documents, plans, and/or
information needed to assist in reviewing or processing the Application; and
(c)
Waive any of the information, documents, plans, and/or DAI if at their discretion the
information is not required to assist in reviewing or processing the Application.
4.14.
Retention and public access
All DAI and related Reports submitted to the City become City records and may be used or shared in
accordance with applicable privacy and records legislation.
PART 5: SECURITY DEPOSIT
5.1.
Purpose and authority
Pursuant to the Local Government Act and the Official Community Plan (OCP), the City may require
security as a condition of land use permit issuance to ensure completion of works or compliance with
permit conditions, including but not limited to:
(a)
Development Permit conditions;
(b)
Landscaping and site restoration (Landscape Security);
(c)
Environmental remediation or restoration (Remediation Security); and
(d)
Performance of the terms of a temporary use permit (Performance Security).
5.2.
Phased landscaping plans and securities
For large-scale developments, the Delegate may approve phased landscape plans to allow for completion
and partial release of security deposits in stages. The Applicant must request a phased approach at the
time of Development Permit Application, clearly identifying the proposed phases and related cost
estimates prepared by a Qualified Professional.
5.3.
Amount of security
The amount of the security deposit shall be based on the cost estimate provided by a Qualified
Professional, at the expense of an Applicant, to address:
(a)
Landscape Security - The amount of security will be 125% of an estimate or quote of the cost of
works, prepared by a Qualified Professional, including but not limited to: inspections,
monitoring, maintenance, hardscaping, irrigation, labour and plantings materials. Hardscaping
Development Procedure Bylaw No.3202
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elements such as fences, decorative pavements, playground equipment, public art and benches
shall be distinguished from soft landscaping elements such as vegetation, soil and amendments
in the cost estimate to support staged releases of landscape securities as described in section
5.6 below.
(b)
Remediation Security - The amount of security will be 125% of an estimate cost of works from
the length of the maintenance period, as recommended by a Qualified Professional.
(c)
Performance security - As a condition of a Temporary Use Permit. The amount of security will be
125% of an estimate or quote of the cost of works to guarantee the performance of the terms of
the permit. Such works may include but are not limited to inspections, monitoring,
maintenance, irrigation, labour, planting materials and works required to restore the land or
remove any temporary structures.
5.4.
Changes to approved plans
Any changes to the approved plans must be approved of the before installation of works and may result
in adjustments to the required security amount. The Delegate will determine whether additional security
payment or an amended permit is required before the amened works proceed.
5.5.
Form of security
The form of the security deposit shall be an automatically renewing irrevocable letter of credit, bank draft
or other form satisfactory to the Delegate. If an irrevocable letter of credit is chosen, it shall be
automatically renewable unless cancelled and shall be redeemable locally.
5.6.
Release procedure
The procedures for the release of the security deposit shall be:
(a)
If an issued Permit is cancelled by the Applicant and no work has occurred related to the security
deposit, the security deposit will be returned to the Applicant at the approval of the Delegate.
(b)
Unless otherwise stated in this bylaw, the City will return the security when written request has
been submitted by the Applicant and includes a satisfactory Substantial Completion Report.
(c)
The Substantial Completion Report must be certified by a Qualified Professional and include the
following at a minimum:
i.
The date and drawing number of the plan reviewed by the Qualified Professional;
ii.
Date(s) of inspection by the Qualified Professional;
iii. A statement from the Qualified Professional that the completed works substantially comply
with the approved plan(s);
iv. The unsafe condition or damage to the natural environment has been corrected.
v.
A description of all deviations from the approved species, quantity of materials, scale,
irrigation systems and features (including hard landscaping) as shown of the approved
plan(s) with a rationale for changes and whether the changes meet the intent of the
approved plan(s); and
vi. The request for amount of security recommended for released presented as an itemized list
align with the original cost estimated submitted.
Development Procedure Bylaw No.3202
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5.7.
Release of securities
Upon receipt of a Substantial Completion Report, the City may conduct a site inspection to verify
compliance in accordance with the approved plans.
(a)
If deficiencies are identified in the Substantial Completion Report or should the City find any
discrepancies or deficiencies during an inspection, written notification will be provided to the
Applicant and the security will be retained until the deficiencies have been addressed;
(b)
Once completion is confirmed to the satisfaction of the Delegate:
i.
Soft landscape security deposits: up to a maximum 80% may be released based on the
findings of the Substantial Completion Report. The remaining 20% may be held for up to
three years to ensure plant survival and replacement of failed materials;
ii.
Hardscape landscape security deposits: up to a maximum of 100% (after one year) may be
released to ensure damage is not experienced due to construction or weather and any
applicable repairs/ replacements are made; and
iii. Environmental restoration: securities will be released in accordance with Qualified
Professional Report(s) forming part of an issued environmental Development Permit.
5.8.
Default and use of security
Where, in the opinion of the Delegate, an Applicant has failed to satisfy the security requirements of the
Permit, or has created an unsafe condition, the City may:
(a)
Carry out the necessary works or corrections at the Applicant's cost; and
(b)
Draw upon the security deposit to cover the cost of such works, returning any balance to the
Applicant once costs are reconciled.
5.9.
Temporary Use Permit security
Council may require, as a condition of issuing a temporary use permit, a security deposit to guarantee
the performance of the terms of the permit. Where a temporary use permit provides for such a security
deposit, the procedures for the release of the security deposit shall be:
(a)
The Applicant must confirm in writing that buildings or structures have been removed and land
restored as specified in the Permit, and request release of the performance security.
(b)
Upon verification of completion, the Delegate will authorize the release the security deposit;
and
(c)
If the Applicant fails to undertake such restoration works or defaults on the terms of the
temporary use permit, the performance security deposit will be forfeited to the City of
Courtenay.
PART 6: VALIDITY OF APPLICATIONS
6.1.
Date of issuance
The date of issuance for Development Permit, Development Variance Permit, or Temporary Use Permit is
the date on which the permit is approved by Council or a Delegate.
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6.2.
Permit renewal or extension
Applications to renew or extend a Development Permit, Minor Development Variance Permit,
Development Variance Permit, or Temporary Use Permit must be submitted before the permit lapses.
6.3.
Inactive Application(s)
(a)
If the Delegate determines that an Application has been inactive for six (6) months or more, the
Applicant will be given 30 days' written notice to:
i.
provide viable explanation of the delay; or
ii.
submit any outstanding Development Application Information (DAI) or fulfill any
outstanding requirements.
(b)
If no response is received or the Applicant does not has demonstrated how compliance is being
sought than the Application will be closed.
(c)
The Delegate may grant one (1) six-month extension, upon written request by the Applicant,
before closing the file.
6.4.
Withdrawn Applications - refunds
If an Application is withdrawn in writing by the Applicant prior to referral, the Applicant may request in
writing a refund of the refundable portion of the Application fees in accordance with the Fees and
Charges Bylaw.
6.5.
Closed Applications - reapplication required
If an Application has been closed due to inactivity as defined in Part 3 and Part 6, the Applicant must begin
the Application process again in accordance with this Bylaw and submit a new, Complete Application.
6.6.
Re-application following denial
Where an Application has been denied by Council, a substantially similar re-application will not be
considered for twelve (12) month period immediately following the date of denial.
6.7.
Early replication exception
Despite Section 6.6 of this Bylaw, Council may, by an affirmative vote of at least 2/3 of its members that
are eligible to vote on the reapplication, allow a person to reapply in less than one year from the denial
date.
6.8.
New fees for withdrawn, closed or denied Applications
If an Application is withdrawn, closed or denied, fees pursuant to the Fees and Charges Bylaw are
applicable to any new Application.
6.9.
Permit amendments
The process to amend a permit is the same as the process for a new permit.
6.10.
Abandonment of OCP/Zoning Bylaw amendments
If an Application to amend the Official Community Plan or Zoning Bylaw has not received final adoption
within twelve (12) months of the date of third reading; or the date of the last Council consideration, the
Applicant shall be notified in writing and if no response is received within 60 days, the Planner may:
-
record the response and consider the Application abandoned; and/or
Development Procedure Bylaw No.3202
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-
the Planner will prepare a motion for Council's consideration to rescind all readings of the
bylaw associated with the amendment Application.
6.11.
Time extension requests - OCP/Zoning amendments
Upon written request by the Applicant prior to the lapse of the Application for an amendment to the
Official Community Plan or Zoning Bylaw, Council may approve a twelve (12) month extension by passing
a resolution, to allow the Applicant to complete the requirements for final adoption.
A maximum of two (2) one-year time extensions may be granted by Council. If Council decides to deny an
extension request or the Applicant has received two (2) one-year time extensions, or there have been
changes to the policies, bylaws or Development Permit guidelines affecting the Application and the
Applicant still has not met the requirements for final adoption and wishes to proceed with the Application,
a new Application and fees will be required in accordance with the Fees and Charges Bylaw.
PART 7: COMMUNITY INFORMATION MEETING
7.1.
The purpose of a Community Information Meeting (CIM) is to give the public an opportunity to learn
more about a development Application, ask questions, and share input beyond what is available through
Application referral, statutory notification, or the public hearing process.
7.2.
If the Application is for a proposed OCP Amendments, Zoning Bylaw Amendments, Temporary Use Permits
or Development Variance Permits, the Delegate may determine if the Application will be required to hold
a CIM at their own expense prior to the Application being considered by Council.
7.3.
The Delegate will determine whether a CIM is required by evaluating:
(a)
the potential impact of the development on the surrounding neighbourhood due to the scale;
(b)
whether the proposal aligns and is consistent with the OCP; and
(c)
the complexity of the Application.
7.4
If it is determined that a CIM is required, the following conditions will apply:
a) A CIM will be scheduled a minimum of three (3) weeks before the Application is considered by Council;
b) The CIM may be held at the City of Courtenay offices, or another location approved by the Delegate;
c) The Applicant must work with City staff to:
i.
Prepare advertising and notices;
ii.
Mail notices property owners within
A. 100 m for OCP, Zoning Bylaw Amendments, Phased Development Agreements and
Temporary Use Permits; and
B. 30 m for Development Variance Permits;
iii.
Ensure notices are sent a minimum of 10 days before to the meeting;
d) The CIM will be held in person, with options for virtual viewing and participation; and
e) A CIM format may include an open house, presentation, display, small group discussion, and/or a
question-and-answer period and may include a combination thereof, as directed by the Delegate.
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7.5.
Council or the Delegate may require the Applicant to hold more than one (1) CIM for an Application if the
first CIM generated substantive public comments or concerns to warrant a second meeting.
7.6.
The Delegate is authorized at their discretion to modify the meeting location, meeting time, meeting
format, and staff attendance at the meeting.
7.7.
After a CIM is held, the Planner will prepare a summary Report outlining the number of attendees, the
materials displayed, and a summary of the comments and concerns expressed at the meeting.
7.8.
The input received at the CIM as well as the Applicant's and staff's responses will be included in a staff
Report for consideration by the Delegate and/or Council.
7.9.
Where an Applicant has given notice or engaged with the community prior to an Application being
reviewed by the City, the Applicant shall provide copies of these written materials to the City, and identify
whether they meet the advertising, format and content requirements provided above, prior to
consideration of an Application by Council.
PART 8: PUBLIC NOTICE REQUIREMENTS
8.1.
General requirements
The public notice requirements for Applications are prescribed in the Local Government Act and the
Community Charter.
8.2.
Methods of providing notice
Where notice is required under Part 14 of the Local Government Act, it may be provided using at least
two (2) of the following methods:
(a)
by posting the notice prominently on the City's official website for two (2) consecutive weeks;
(b)
by posting the notice prominently on any of the City's official social media platforms for two (2)
consecutive weeks; or
(c)
by publishing the notice once per week for two (2) consecutive weeks (not including the date of
the Council meeting) in a newspaper or other publication circulating within the City.
8.3.
Notice of Public Hearing or proposed bylaw
(a)
Where a public hearing is held or where Council proposes to pass a resolution to enter into a
Phased Development Agreement or issue a Temporary Use Permit a notice shall be mailed or
otherwise delivered to owners and tenants in occupation of all parcels, or any part of which, is
within 100 metres from the parcel(s) that is subject to the proposed bylaw.
(b)
Where a public hearing is prohibited or is not held under s.467 of the Local Government Act
notification shall be mailed or otherwise delivered to owners and tenants in occupation of all
parcels, or any part of which, is within 100 metres from the parcel(s) that is subject to the
proposed bylaw.
8.4.
Notice of Permits or Agreements
(a)
Notices pursuant to Section 499 of the Local Government Act (where Council proposes to pass a
resolution to issue a Development Variance Permit) shall be mailed or otherwise delivered to
owners and tenants in occupation of all parcels, or any part of which, is within a distance of 30
Development Procedure Bylaw No.3202
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metres from the parcel(s) that is subject to the proposed permit.
8.5.
Additional notice requirements
(a)
The content of all public notices shall comply with the applicable provisions of the Local
Government Act.
(b)
Any correspondence submitted in response to public notices must be provided in writing and
received by the City prior to the Council meeting as specified in the notice.
(c)
Additional notifications or public hearings beyond those required by legislation are subject to
the applicable fees under the Fees and Charges Bylaw.
8.6.
Notwithstanding 8.3b, in the event of a Canada Postal service disruption, the requirement to send notice
by mail is suspended. In such cases, all open Applications available for public comment shall be made
available on the City's official website and/or in-person at City Hall during regular operating hours.
PART 9: RECONSIDERATION OF APPLICATIONS
9.1.
An Applicant may request that Council reconsider a decision made by the Delegate under this Bylaw by
submitting a written Application for reconsideration to the Corporate Officer within thirty (30) days of
receiving written notice of the decision.
9.2.
An Application for reconsideration must include the following:
(a)
Applicant's address for receiving correspondence related to the request for reconsideration;
(b)
copy of the written decision made by the Delegate;
(c)
Any supporting documents or evidence the Applicant wishes Council to consider; and
(d)
Written statement outlining the reasons for requesting reconsideration of the Delegate's
decision and the decision the Applicant is seeking from Council.
9.3.
The Corporate Officer shall place the reconsideration request on the next available Council meeting
agenda and provide the Applicant with written notice of the meeting date.
9.4.
When reconsidering the decision, Council may:
(a)
Hear from the Applicant and any other person interested in the matter, and
(b)
Either confirm the original decision of the Delegate or substitute its own decision.
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PART 10:
EFFECTIVE DATE, SEVERABILITY AND REPEAL
10.1.
This Bylaw comes into effect on adoption.
10.2.
If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the invalid
portion must be severed, and the remainder of the Bylaw is deemed valid.
10.3.
"City of Courtenay Development Procedures Bylaw No. 3106, 2023", as amended, is hereby repealed.
Read a first time this 10th day of December, 2025
Read a second time this 10th day of December, 2025
Read a third time this 10th day of December, 2025
Adopted this 14th day of January, 2026
Mayor Bob Wells
Corporate Officer Adriana Proton
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SCHEDULES OVERVIEW
The following Schedules form part of the City of Courtenay Development Procedures Bylaw No. 3202. These
schedules are incorporated to provide procedural clarity for City Staff, Applicants, and Council.
SCHEDULE A
OFFICIAL COMMUNITY PLAN (OCP) OR ZONING BYLAW AMENDMENT
(INCLUDING PHASED DEVELOPMENT AGREEMENT)
Schedule 'A' outlines the standard process for an Applications involving amendments to the Official Community
Plan (OCP) and Zoning Bylaw, including Applications that incorporate a Phased Development Agreement.
Includes details on pre-Application meetings, Application intake, consultation, staff review, Council
consideration, and bylaw adoption steps.
1.1.
The Applicant shall hold a Pre-Application Consultation Meeting to discuss the proposal and Application
requirements with the Delegate or Planner prior to submitting a formal Application to the City. Prior to
arranging the meeting, the Delegate or Planner will require that sufficient information such as project
summary and conceptual Site Plan be submitted in advance. The Delegate or Planner will advise the
Applicant of DAI required, if any.
1.2.
After receiving a Complete Application or where the Delegate confirms that an incomplete Application
will be processed, staff will open a file and issue a receipt to the Applicant. An Application is not considered
received and active until all required Application information is received and fees paid.
1.3.
An Application for an amendment to the "Official Community Plan" will include one or more opportunities
for consultation with persons, organizations and authorities that the City considers affected by the
Application as outlined in the Local Government Act. The opportunity for consultation will be considered
for each amendment Application and will be summarized in the staff's Report to Council.
1.4.
Planning staff will review the proposal for compliance with relevant City bylaws and policies. Staff may
conduct a site visit(s) as part of the evaluation process.
1.5.
The Applicant may be required to post a Notice of Application sign, as determined by the Delegate.
1.6.
Depending on the particulars of an Application, an Application may be referred to other City staff and
applicable external agencies by the Planner or Delegate for review and comment.
1.7.
The Applicant will be advised, in the form of a Review Letter, of feedback received through the referral
process and will be advised of any additional information required to evaluate the Application and prepare
the Report to Council.
1.8.
The Applicant may be required to hold a CIM at their own expense prior to the amending bylaw being
considered by Council.
1.9.
The City encourages Applicants to inform adjacent landowners and residents of the proposed
development plans and address concerns where feasible. In doing so provide this information to inform
the Application.
1.10.
For a "Zoning Bylaw" Amendment for only residential uses, that is consistent with the OCP, and meets the
requirements of the Local Government Act, no public hearing is required.
1.11.
Planning staff will prepare a planning Report for Council to summarize referral responses, present bylaw,
recommend first and second readings of the bylaw, (and set public hearing date where one is required);
or recommend Council deny the Application. First, second, and third readings of the bylaw may take place
where a public hearing is not held, and at the discretion of the Delegate.
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1.12.
The Applicant is encouraged to attend the Council meeting at which the Application will be considered to
answer any questions Council may have and to listen to the proceedings.
1.13.
Council may, upon receipt of a Report completed by staff:
(a)
Give first reading to the bylaw amendment pursuant to the Application; or
(b)
Refer the Application back to staff to make changes as directed; or
(c)
Defer or postpone the Application; or
(d)
Reject the Application.
1.14.
If Council does not give first reading, the Applicant is notified in writing. That portion of the Application
fees taken for a public hearing are refunded as per the "Fees and Charges Bylaw" and the Application is
closed.
1.15.
In the case of a phased development agreement, following approval of first and second readings of the
amending bylaw(s), the Delegate will work with the Applicant to draft the agreement.
1.16.
Where the Delegate has provided notice not to hold a public hearing, and Council decides that a public
hearing be held prior to third reading to permit the public to comment on the Application pursuant to the
Local Government Act and as per this bylaw, notice(s) of the public hearing for the amending bylaw(s) will
be published pursuant to the Local Government Act. For a rezoning Application where the proposed
"Zoning Bylaw" is consistent with the OCP, a public hearing is not a default requirement of the Local
Government Act.
1.17.
If a public hearing is held, the minutes of the public hearing will be presented to Council prior to
consideration of third reading of the amending bylaw.
1.18.
Following third reading of the bylaw(s), where applicable, any legal documents such as covenants and
statutory rights of way shall be registered on title, and if applicable subdivision agreements completed,
and final technical documents submitted for review and consideration.
1.19.
Once all the conditions identified at third reading, if any, have been addressed, Council will consider
adoption of the bylaw(s).
1.20.
If defeated, reapplication of a similar amendment will only be considered in accordance with this bylaw.
1.21.
Once the minutes of the Council resolution have been prepared, the Applicant will be notified of the
outcome.
Preparation of Phased Development Agreements
If a phased development agreement is required, it may be processed concurrently with a Zoning Bylaw
Amendment Application. The phased development agreement must be adopted by a separate bylaw prior
to adoption of the amending land use bylaw. A phased development agreement and concurrent Zoning
Bylaw amendment Applications includes the following steps:
a) The Applicant will be required to work with the Delegate to develop a Terms of Reference
identifying the basic conditions to be outlined in the phased development agreement. Such
conditions include, but are not limited to, the lands affected and intent of the agreement, the
term, amenities, features and phasing of the development. Other conditions may be required and
will be determined on a site-specific basis.
b) The Applicant will submit the draft Terms of Reference to the City who may refer it to other City
staff and applicable external agencies by for review and comment.
c) Once the basic conditions in the Terms of Reference have been agreed upon, the Applicant will
be directed to draft the phased development agreement, at the Applicant's expense, and submit
Development Procedure Bylaw No.3202
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the agreement to the City.
d) Staff may refer the draft phased development agreement to all applicable City staff and applicable
external agencies by for review and comment and may refer the draft phased development
agreement to the City's solicitor.
e) Staff will prepare a technical Report for Council's consideration on the draft phased development
agreement, incorporating feedback received from the referral process and amending land use
bylaw(s) (e.g. OCP, Zoning Amendment Bylaw Application(s)).
f) If Council wishes to proceed with the phased development agreement, the phased development
agreement bylaw will be given first reading and second reading (including the placement of
conditions, where appropriate). Council may alternatively decide to postpone or deny the
Application.
g) Should the phased development agreement Bylaw receive first and second readings a public
hearing will be held pursuant to the Local Government Act and this Bylaw.
h) Following the close of the public hearing, Council may proceed with third reading of the phased
development agreement and the amending land use bylaw(s) (e.g. OCP, "Zoning Bylaw"
Application(s)) (including the imposition of conditions), postpone or deny the Application.
i)
Once the Applicant has adequately addressed the conditions identified at third reading (if any),
Council will consider adoption of the phased development agreement bylaw(s) and the amending
land use bylaw(s) (e.g. OCP, "Zoning Bylaw" Application(s)).
j)
If a phased development agreement is entered into, a Notice will be registered against the title of
the property at the Land Title Office by Staff.
k) Amendments to an approved phased development agreement may occur pursuant to the Local
Government Act.
Development Procedure Bylaw No.3202
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Figure 1: OCP and Zoning Bylaw Application Process
Development Procedure Bylaw No.3202
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SCHEDULE B
PREPARATION OF HOUSING AGREEMENTS
Housing Agreements are used to ensure affordability for current and future renters and owners. While
terms and conditions of the agreement vary between properties, a housing agreement usually serves to
limit rental rates or sale prices, and may also stipulate who may reside at, or purchase, the property.
Administrative requirements, property management, and an allowance for monitoring to ensure
compliance may also be included.
Housing Agreements may be required as a condition of a Zoning Amendment Application or it may occur
in the absence of a Zoning Amendment Application process. When in conjunction with a Zoning
Amendment Application, the Housing Agreement must be adopted by a separate bylaw prior to adoption
of the amending land use bylaw.
1.1.
The Applicant shall arrange a Pre-Application Consultation Meeting to discuss the proposal and
Application requirements with the Delegate or Planner prior to submitting a formal Application
to the City. Where a "Zoning Bylaw" amendment is required to accommodate the proposed
Housing Agreement, the meeting will include discussion of "Zoning Bylaw" amendment as well.
The Delegate or Planner will advise the Applicant of Reports and DAI required, if any.
1.2.
Prior to Application, staff will provide a standard City of Courtenay Housing Agreement template.
1.3.
The Applicant will complete the Housing Agreement and shall include at minimum:
(a)
owner and / or Society sponsoring or championing the housing development,
(b)
Site Specific Information - Information specific to the owner or management information,
as well as project details such as number and type of units etc.
(c)
Fees and Charges - Clearly outline fees, such as rent amounts, strata or leasehold fees,
additional charges (such as meal, medical, laundry etc.), and specific information
regarding rate increases (limits to amount and frequency).
(d)
Qualified Occupants - A fair practice and clear definition for determining who is a
qualified occupant.
(e)
Roles and Responsibilities - Define the roles and responsibilities of each party, including
external funding sources if applicable.
(f)
Terms and Conditions - These may be standard or specific to the proposal and will be
discussed with the Delegate or Planner.
(g)
Monitoring and Management - Clearly outline how the housing will be managed and
maintained and how the management and maintenance will be monitored.
1.4.
After receiving a Complete Application or where the Delegate confirms that an incomplete
Application will be processed, staff will open a file and issue a receipt to the Applicant.
1.5.
Planning staff will review the proposal for compliance with relevant City bylaws. Staff may conduct
a site visit(s) as part of the evaluation process.
1.6.
Staff may refer the draft Housing Agreement to all applicable other City staff and applicable
external agencies by for review and comment and may refer the draft Housing Agreement to a
solicitor.
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1.7.
Staff will prepare a Report for Council's consideration on the draft Housing Agreement,
incorporating feedback received from the referral process and amending land use bylaw(s) where
applicable (e.g. OCP, or Zoning Amendment Bylaw Application(s)).
1.8.
Where the Housing Agreement is considered in relation to a Zoning Amendment bylaw, the
Housing Agreement Bylaw will be considered following First and Second Readings of the Zoning
Amendment Bylaw.
1.9.
If Council wishes to proceed with the Housing Agreement, the Housing Agreement bylaw will be
given first reading and second reading. Council may alternatively decide to postpone or deny the
Application.
1.10.
Where a Housing Agreement Bylaw has received First and Second readings, Council may proceed
with third reading of the Housing Agreement and the amending land use bylaw(s) together
(including an OCP or "Zoning Bylaw" amendment Application(s)), including the imposition of
conditions), postpone or deny the Application(s).
1.11.
Once the Applicant has adequately addressed all of the conditions identified at third reading (if
any), Council will consider adoption of the Housing Agreement bylaw and the amending "Zoning
Bylaw" and OCP Bylaw if applicable. If a Housing Agreement Bylaw is adopted, a Notice of Housing
Agreement will be registered by staff against the title of the property at the Land Title Office.
1.12.
Monitoring and enforcement are common conditions of Housing Agreements and will be followed
in accordance with the Agreement.
Development Procedure Bylaw No.3202
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Figure 2: Housing Agreement Process
Development Procedure Bylaw No.3202
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SCHEDULE C
DELEGATED DEVELOPMENT PERMIT
A Development Permit allows the Delegate to approve a Development Permit in compliance with
the OCP and Zoning Bylaw. Development Permit Applications are not subject to Public Hearing
requirements or formal notification. This process arises because the Delegate`s discretion to
approve, amend or deny a Development Permit is limited to the scope of the Development Permit
Area Guidelines in the Zoning Bylaw.
1.1.
This schedule applies to permits that have been Delegated by Council to the Delegate and where
the Development Permit does not include a variance.
1.2.
The Applicant shall arrange a Pre-Application Consultation Meeting to discuss the proposal and
Application requirements with the Delegate or Planner prior to submitting a formal Application
to the City. Prior to arranging the meeting, the Delegate or Planner will require that sufficient
information such as project summary and conceptual Site Plan is submitted in advance. The
Delegate or Planner will advise the Applicant of Reports required, if any.
1.3.
After receiving a Complete Application or where the Delegate confirms that an incomplete
Application will be processed, staff will open a file and issue a receipt to the Applicant. An
Application is not considered received and active until all required Application information,
including Reports, is received and fees paid.
1.4.
Planning staff will review the proposal for compliance with relevant City bylaws and policies. Staff
may conduct a site visit(s) as part of the evaluation process.
1.5.
Depending on the particulars of an Application, an Application may be referred to other City staff
and applicable external agencies by the Planner or Delegate for review and comment.
1.6.
The Applicant will be advised, in the form of a Review Letter, of feedback received through the
referral process and will be advised of any additional information required to evaluate the
Application and prepare the Report to the Delegate.
1.7.
Planning staff will prepare a planning Report for the Delegate to summarize how the Application
meets the Development Permit Area guidelines and recommend whether to approve or deny.
1.8.
The Delegate may issue the Development Permit, issue the Development Permit with conditions
or where the Application does not conform to the Development Permit Area Guidelines in the
"Zoning Bylaw", refuse to issue the Development Permit. Alternatively, the Delegate may refer
the Application to Council for reconsideration in accordance with this bylaw.
1.9.
Development Permits expire 2 years from the time of issuance unless the project has been
substantially completed to the satisfaction of the Delegate.
1.10.
If a Development Permit is granted, a Notice of Permit will be registered by staff against the title
of the property at the Land Title Office
1.11.
Applications for permit renewals, extension, or re-Application will be processed in substantial
accordance with the process outlined above.
Development Procedure Bylaw No.3202
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Figure 3: Delegated Development Permit Application Process
Development Procedure Bylaw No.3202
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SCHEDULE D
DEVELOPMENT VARIANCE PERMIT (DVP) APPLICATION (APPROVAL BY COUNCIL)
Schedule 'D' outlines the standard processing procedure for Council approved development
variance permit Applications and is not regarded as the right to development approval if the steps
indicated are followed.
1.1.
Any variance that falls within the definition of minor Development Variance in Section 1.2 of this
Bylaw are exempt from Council approval.
1.2.
The Applicant for a major development variance shall arrange a Pre-Application Consultation
Meeting to discuss the proposal and Application requirements with the Delegate or Planner prior
to submitting a formal Application to the City. Prior to arranging the meeting, the Delegate or
Planner will require that sufficient information, such as project summary and conceptual Site Plan,
are submitted in advance. The Delegate or Planner will advise the Applicant of Reports required,
if any.
1.3.
After receiving a Complete Application or where the Delegate confirms that an incomplete
Application will be processed, staff will open a file and issue a receipt to the Applicant.
1.4.
Depending on the particulars of an Application, an Application may be referred to City staff and
applicable external agencies by the Planner or Delegate for review and comment.
1.5.
The Applicant will be advised, in the form of a Review Letter, of feedback received through the
referral process and will be advised of any additional information required to evaluate the
Application and prepare the Report to the Delegate.
1.6.
Planning staff will prepare a planning Report to Council relating any information received through
internal referral, and the notification process and advising on the extent of the requested variance
and whether the variance is necessary or beneficial. The Report will consider the impact of the
proposed variance on adjacent properties or the surrounding neighbourhood and how those
impacts may be mitigated, whether there is a community or environmental benefit to the larger
community in granting the variance, and whether there is hardship other than the business
aspects of the development, such as location, size, site configuration or topography or other
natural attribute of the land (e.g. rock outcrop, floodplain, natural vegetation).
1.7.
Where an Application for a DVP is made concurrent with a Development Permit, the Report to
Council will include in general terms the nature of the Development Permit. The Development
Permit is a separate permit and is reviewed and issued by the Delegate.
1.8.
Staff will mail or otherwise deliver notices to adjacent property owners in accordance with this
bylaw.
1.9.
The Applicant is encouraged to attend the Council meeting at which the Application will be
considered to answer any questions Council may have and to listen to the proceedings.
Development Procedure Bylaw No.3202
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1.12.
Development Variance Permits expire 2 years from the time of issuance unless the project has
been substantially completed to the satisfaction of the Delegate.
1.13.
If a DVP is granted, a Notice of Permit will be registered by staff against the title of the property
at the Land Title Office.
1.14.
Applications for permit renewals, extension, or re-Application will be processed in substantial
accordance with the process outlined above.
Figure 4: Development Variance Permit Application Process
Development Procedure Bylaw No.3202
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SCHEDULE E
DELEGATED MINOR DEVELOPMENT VARIANCE PERMIT
Section. 498.1 of the Local Government Act enables local governments to delegate Development
Variance Permit decisions to staff, if the proposed variance to a Zoning Bylaw is minor and pertains
to matters specified in legislation. Minor Development Variance Permits Applications are not
subject to statutory notice. This information outlines the processing procedure and is not
regarded as the right to development approval if the steps indicated are followed.
1.1.
This schedule applies to Minor Development Variance Permits. These decisions are subject to
reconsideration by Council.
1.2.
The Applicant shall arrange a Pre-Application Consultation Meeting to discuss the proposal and
Application requirements with the Delegate or Planner prior to submitting a formal Application
to the City. Prior to arranging the meeting, the Delegate or Planner will require that sufficient
information such as project summary and conceptual Site Plan is submitted in advance. The
Delegate or Planner will advise the Applicant of Reports required, if any.
1.3.
After receiving a Complete Application or where the Delegate confirms that an incomplete
Application will be processed, staff will open a file and issue a receipt to the Applicant. An
Application is not considered received and active until all required Application information,
including Reports, is received and fees paid.
1.4.
Planning staff will review the proposal for compliance with relevant City bylaws and policies. Staff
may conduct a site visit(s) as part of the evaluation process.
1.5.
Depending on the particulars of an Application, an Application may be referred to other City staff
and applicable external agencies by the Planner or Delegate for review and comment.
1.6.
The Applicant will be advised, in the form of a Review Letter, of feedback received through the
referral process and will be advised of any additional information required to evaluate the
Application and prepare the Report to the Delegate.
1.7.
Planning staff will prepare a planning Report for the Delegate to summarize the Application and
how it meets the Minor Development Variance Permit guidelines.
1.8.
Where an Application for a Minor Development Variance Permit is made concurrent with a
Development Permit, the Report to Delegate will also address the Development Permit and how
it meets Development Permit area guidelines. The Development Permit is a separate permit and
is reviewed and issued by the Delegate.
1.9.
In considering whether to approve a minor variance, the Delegate will consider the following
guidelines:
(a)
the impact of the proposed variance on adjacent properties or the surrounding
neighbourhood and how those impacts may be mitigated;
(b)
in the case of multiple minor development variances, the Delegate will consider the
cumulative impact and may determine the Application is a not a minor Development
Permit variance Application and may refer the Application to the Council approval
process;
(c)
whether there is a community or environmental benefit to the larger community in
granting the variance, and
(d)
whether there is hardship other than the business aspects of the development, such as
Development Procedure Bylaw No.3202
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location, size, site configuration or topography or other natural attribute of the land (e.g.
rock outcrop, floodplain, natural vegetation).
1.10.
The Delegate may issue the Minor Development Variance Permit, issue the Minor Development
Variance Permit with conditions or where the variance is not supported by the considerations
above, refuse the Minor Development Variance Permit. Alternatively, the Delegate may refer the
Application to Council for reconsideration in accordance with this bylaw.
1.11.
Minor Development Variance Permits expire 2 years from the time of issuance unless the project
has been substantially completed to the satisfaction of the Delegate.
1.12.
If a Minor Development Variance Permit is granted, a Notice of Permit will be registered by staff
against the title of the property at the Land Title Office.
1.13.
Applications for permit renewals, extension, or re-Application will be processed in substantial
accordance with the process outlined above.
Figure 5: Delegated Minor Development Variance Permit Application Process
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SCHEDULE F
TEMPORARY USE PERMIT APPLICATION
This process is only available where the OCP or Zoning Bylaw designate the area as a place where
temporary uses may be allowed. All Applications for Temporary Use Permits submitted in
accordance with this Bylaw will be substantially processed as outlined below. The information is
meant as a general guide to the processing procedure and is not regarded as the right to
development approval if the steps indicated are followed.
1.1.
The Applicant shall arrange a Pre-Application Consultation Meeting to discuss the proposal and
Application requirements with the Delegate or Planner prior to submitting a formal Application
to the City. Prior to arranging the meeting, the Delegate or Planner will require that sufficient
information such as project summary and conceptual Site Plan are submitted in advance. The
Delegate or Planner will advise the Applicant of Reports required, if any.
1.2.
After receiving a Complete Application or where the Delegate confirms that an incomplete
Application will be processed, staff will open a file and issue a receipt to the Applicant. An
Application is not considered received and active until all required Application information is
received and fees paid.
1.3.
The Applicant may be requested to post a Notice of Application sign and be provide with the
applicable design guidelines for the creation and placement of such sign.
1.4.
Depending on the particulars of an Application, an Application may be referred to other City staff
and applicable external agencies by the Planner or Delegate for review and comment.
1.5.
Planning staff will review the proposal for compliance with relevant City bylaws and policies. Staff
may conduct a site visit(s) as part of the evaluation process.
1.6.
The Applicant will be advised, in the form of a Review Letter, of feedback received through the
referral process and will be advised of any additional information required to evaluate the
Application and prepare the Report to Council.
1.7.
The Applicant may be required, and is encouraged, to hold a CIM at their own expense prior to
the Permit being considered by Council. If required, the Applicant is to conduct the CIM.
1.8.
Temporary use permits are subject to statutory notification requirements as outlined in the Local
Government Act and the alternative methods of notice set out in this Bylaw and shall include
opportunity for the public to make comment to Council on the proposal in the form of a public
input opportunity.
1.9.
Staff will prepare a planning Report for Council relating any information received through internal
referral, and the notification process. The Report should consider the extent to which the
temporary use relates with the intent and policies of the OCP and potential impact of the use on
surrounding properties.
1.10.
The Applicant is encouraged to attend the Council meeting at which the Application will be
considered to answer any questions Council may have and to listen to the proceedings.
1.11.
Council may require an Applicant provide performance security for a temporary use permit and
may impose additional conditions, including those that were not imposed in the original
Temporary Use Permit.
1.12.
Once the minutes of the Council resolution have been prepared, the Applicant will be notified of
the outcome.
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1.13.
If a Temporary Use Permit is granted, a Notice of Permit will be registered by staff against the title
of the property at the Land Title Office.
1.14.
The owner of the land in respect to which the temporary use permit has been issued has the right
to use the land as authorized through the permit until the date that the permit expires, for a term
not to exceed three (3) years.
1.15.
An Applicant to whom a temporary use permit has been issued may apply in writing to have the
permit renewed for the same use for a specified term not exceeding 3 years. Renewal may only
be granted once.
1.16.
The renewal should be applied for and granted within the term of the original temporary use
permit.
1.17.
When the owner of land fails to comply with all the undertakings given under the permit, the City
may enter on the land and carry out the demolition, removal or restoration at the expense of the
owner.
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Figure 6: Typical Temporary Use Permit Application Process
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SCHEDULE G
FLOODPLAIN EXEMPTIONS
This information is meant as a general guide to the processing procedure and is not regarded as
the right to development approval if the steps indicated are followed.
1.1.
All requirements for Development Permit, Development Variance Permit and Temporary Use
Permit shall be followed in lands considered to be impacted by floodplain, with the addition of
the following:
a. The Applicant shall arrange a Pre-Application Consultation Meeting to review the potential
floodplain proximity and impact on the development, considering available floodplain
mapping and mapping provided by the Applicant. The Delegate or Planner will advise the
Applicant of Reports required, if any.
b. After receiving a Complete Application or where the Delegate confirms that an incomplete
Application will be processed, staff will open a file and issue a receipt to the Applicant.
c. Planning staff will review the proposal for compliance with relevant City bylaws and policies
and may require a third-party Qualified Professional to review the Floodplain implications, at
the sole cost of the Applicant. Staff may conduct a site visit(s) as part of the evaluation
process.
d. Depending on the particulars of an Application, an Application may be referred to other City staff
and applicable external agencies by the Planner or Delegate for review and comment.
e. The Applicant will be advised, in the form of a Review Letter, of feedback received through
the referral process and will be advised of any additional information required to evaluate the
Application and prepare the Report to the Delegate.
f. Staff will prepare a Report for the Delegates consideration, incorporating feedback received
from the referral process and the third-party professional opinion.
g. The Delegate may grant a floodplain exemption, with terms or conditions, or may postpone
or deny the Application.
h. If an exemption is granted, a covenant under the Land Title Act will be prepared at the
expense of the Applicant and will be registered against the title of the subject property at the
Land Title Office.
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Figure 7: Floodplain Exemption Application Process
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SCHEDULE H
SECTION 219 COVENANT AND/OR STATUTORY RIGHT OF WAY
AMENDMENTS
This information is meant as a general guide to the processing procedure and is not regarded as
the right to development approval if the steps indicated are followed. An Application to amend a
Section 219 Covenant or statutory right of way submitted in accordance with this bylaw will be
substantially processed as processed as outlined below.
1.1.
The Applicant shall arrange a Pre-Application Consultation Meeting to discuss the proposal and
Application requirements with the Delegate or Planner prior to submitting a formal Application
to the City. The Delegate or Planner will advise the Applicant of Reports required, if any.
1.2.
After receiving a Complete Application or where the Delegate confirms that an incomplete
Application will be processed, staff will open a file and issue a receipt to the Applicant. An
Application is not considered received and active until all required Application information is
received and fees paid.
1.3.
Depending on the particulars of an Application, an Application may be referred to other City staff
and applicable external agencies by the Planner or Delegate for review and comment.
1.4.
Planning staff will review the proposal for compliance with relevant City bylaws and policies. Staff
may conduct a site visit(s) as part of the evaluation process.
1.5.
The Applicant will be advised, in writing, of feedback received through the referral process and
will be advised of any additional information required to evaluate the Application.
1.6.
Staff will prepare a technical Report for consideration, incorporating feedback received from the
referral process and any recommendations. If the Application is deemed to meet the criteria of
Delegated authority, the amendment request and technical Report will be referred to the
Delegate for consideration otherwise the Report will be prepared for Council's consideration.
1.7.
Where approved by Council, the Applicant is encouraged to attend the Council meeting at which
the Application will be considered to answer any questions Council may have and to listen to the
proceedings.
1.8.
If proposed amendment is approved, an amended covenant or statutory right of way under the
Land Title Act or request to discharge will be prepared at the expense of the Applicant and will be
registered against the title of the subject property at the Land Title Office. If approved, Notice of
Permit will be registered by staff against the title of the property at the Land Title Office.
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Figure 8: Typical Section 219 Covenant and/or Statutory Right of Way Amendments Application Process