Siting & Use Permits Bylaw — full text

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## VILLAGE OF QUEEN CHARLOTTE BYLAW No. 102-2017 ## Siting and Use Permits Section 8 - Building Regulation, of the Community Charter provides Council with general authority in relation to buildings and other structures for the purposes of the health, safety or protection of persons or property. Under this authority, the Council of the Village of Queen Charlotte in open meeting assembled enacts as follows: ## Purpose This Bylaw is intended to protect future owners and current neighbors by ensuring that the provisions of the Zoning Bylaw 64-2013, its amendments and successors, are followed. This will be done by permitting the construction of buildings and/or structures for the applicable zone. Proposed buildings and/or structures must be an allowed use, must be within height limitations, floor area limitations, and setbacks from lot lines, wells, geotechnical or floodplain hazards, riparian zones and all other provisions of zoning or other land use bylaws. ## Definitions In this Bylaw, unless the context otherwise requires, the following words and expressions shall have the following meaning assigned to them: APPROVE means approval in writing from the person specified in Section 5 as authorized to issue permits; CONSTRUCTION means new construction of a permanent building or structure, including land clearing/preparation work, and includes additions to an existing building or structure, but does not include the repair or renovation of an existing building or structure; SITING AND USE PERMIT means a permit issued by the municipality providing authorization to begin construction; VILLAGE means the Village of Queen Charlotte, inclusive of any responsibilities it may assign to employees or to agents acting on its behalf; ## 3. Siting and Use Permits - 3.1 Owners of land within the municipal boundaries of the Village are required to 4. Application Procedures 2. 4.1 An application for a Siting and Use Permit shall be made by the owner of the land involved or by a person authorized by the owner. 3. 4.2 An application for a permit shall: - b) not be considered a valid application until it contains all the information required by the form; and - a) be submitted to the Village on the form prescribed in Appendix A of this bylaw; - c) include the fees required in Appendix B, attached to and forming part of this Bylaw. 7. 4.3 A permit may be issued only if the construction and use of land and structures to which it relates complies with the Zoning Bylaw 64-2013 and its amendments and successors. 8. 4.4 The Siting and Use Permit will be issued on the form prescribed in Appendix Cof this bylaw. 9. Administration 10. 5.1 This bylaw shall be administered by the Chief Administrative Officer, the Superintendent of Public Works, or a designate specified by the Chief Administrative Officer. 11. 5.2 Only those authorized in 5.1 can approve permits under this bylaw. 12. 5.3 A violation of any of the provisions identified in Appendix B, attached to and forming part of this Bylaw, may be enforced by means of a ticket in the form prescribed by Regulation. 13. 5.4 The persons appointed to the positions listed in Column 1 of Appendix B, attached to and forming part of this Bylaw, under the heading "Designated Bylaw Enforcement Officers" are named, as prescribed by Regulation, for the purpose of enforcing this Bylaw. 14. 5.5 No owner, lessee, tenant, occupant or agent for the owner shall do any act, or suffer or allow any act or thing to be done in contravention of this bylaw. 15. 5.6 Any person who violates any of the provisions of this bylaw shall, upon summary conviction thereof, be liable to a penalty of not more than $10,000.00. 16. Severability 17. 6.1 If any provision of this bylaw is for any reason held to be invalid by the decision of any Court of competent jurisdiction, the invalid provision shall be severed and the remaining sections and procedures remain valid. ## VILLAGE OF QUEEN CHARLOTTE SITING AND USE PERMITS BYLAW 102-2017    READ A FIRST TIME the 17 day of July, 2017. READ A SECOND TIME the 18 day of September, 2017. READ A THIRD TIME the 2 day of October, 2017. ADOPTED ON the 16 day of October, 2017. D0. Mater Mayor Corporate Officer Certified Correct 20 Corporate Officer  ## Siting and Use Permit Application Form Bylaw 102-2017 Siting and Use Permits - Appendix A Office Use Only Fee Paid: Receipt No.: \_ File No.: Have previous Siting and Use Permits been issued for the property subject to this application? - Yes ONo If "yes", please list the permit numbers: Lot/Parcel Other Description Street Address or General Location Follo Number Parcel Identifier (PID) Plan ## SECTION 1: DESCRIPTION OF THE PROPERTY (AS INDICATED ON STATE OF TITLE CERTIFICATE) Block District Lot/Section Queen Charlotte, BC VOT 150 (from Property Assessment/Tax Notice) (from State of Title Certificate) First Owner Information ## SECTION 2: OWNER INFORMATION (ADD ADDITIONAL PAGE IF MORE THAN TWO OWNERS) Second Owner Information Name Name Street Address Telephone Email Street Address Telephone Email Name Telephone ## SECTION 3: APPLICANT INFORMATION (IF DIFFERENT FROM OWNER - MUST COMPLETE AN APPOINTMENT OF AGENT FORM) - Street Address Email ## Freedom of Information and Protection of Privacy Personal.information contained on this form is collected under the Local Government Act for the purpose of responding to this application, or for purposes directly connected with this application. Information on your application form may be available to the public upon request under the Freedom of Information and Protection of Privacy Act. Please contact the Chief Administrative Officer of the Village of Queen Charlotte at [email protected] or 250 559-4765 ext 3, if you have any questions. The processing of your application will be delayed if it is incomplete. Please read the guide before you complete the application form. Keep the guide for your reference during the application process. Feel free to contact a staff person for assistance. Mail or deliver the completed application form, fee, and supporting material to the Village of Queen Charlotte office. The fee is $50 and should be made payable to the Village of Queen Charlotte. If the space provided below for each section is not sufficient, please attach additional information using a Microsoft Word, Excel, Text or a separate PDF document. \_. no o\_. o=. age. m 3 o: xnm\_. G mmo H2 w - SECTION 4: Describe the present use of the property, including a description of any home occupation: - SECTION 5: Describe any existing building(s) and/or structure(s) on the property and their present use: - SECTION 6: Describe the proposed use of the property including a description of any home occupation(s): - SECTION 7: Describe the type, number, dimensions and height of all proposed building(s) and structure(s): SECTION 8: Provide a single copy of a site plan (8.5 × 11) with this application, drawn to a suitable scale, showing lot dimensions as shown on the Land Title Office Plan including the following: - [ ] - The location, dimensions, floor area and uses of existing buildings and structures - [ ] Existing uses of the land and buildings - [ ] - Any land clearing/preparation that will be required on the property - [ ] - Height of proposed building(s) and/or structure(s) - [ ] - The location of any existing and proposed septic tanks and fields, and of any existing and proposed wells and water lines on both the subject property and all immediately adjacent neighboring properties (if applicable) - [ ] The locations, dimensions and uses of the proposed building(s) - [ ] - The locations and requirements of any easements, covenants or rights-of-way - [ ] - The locations of all watercourses, oceans, ponds, lakes and wetlands - [ ] - The locations of any known archeological or culturally sensitive features - [ ] The minimum setback distances from each existing and proposed building or structure to any wells, disposal fields, property lines and natural features such as a cliff edge or the natural boundary of the ocean, creek, etc. - [ ] Setback of all existing and proposed septic field(s) from the natural boundaries of watercourses and the ocean, and where applicable from the edge of any cliffs on the property - [ ] - Setback of privy from property lines (where applicable) - [ ] Setbacks of all existing and proposed building(s) from any park boundary (where applicable) ## SECTION 9: APPLICATION COMPLETION CHECKLIST - [ ] - I have completed all sections of this application form - [ ] I have included detailed site plans and elevation drawings as required in Section 8 of this application form - [ ] I have included a recent State of Title Certificate (not more than 30 days old) - [ ] I have included copies of all covenants, rights-of-way, or easements registered against this title - [ ] All owners listed on the title have signed the application form, and a notice of agent form (if applicable) - [ ] I have included the correct fee - [ ] I have included a Contaminated Site Regulation Site Profile (if applicable*) IMPORTANT: Your application will not be considered complete unless it contains all of the information above. A note about obtaining a State of Title Certificate and Covenants/ROW/Easements: State of Title Certificates, covenants, rights- ow-way and easements may be obtained from the Village office or through your local government agent office for a fee. ## SECTION 10: OWNER'S CONSENT AND AUTHORIZATION (Signature of all registered owners is required. For additional owners, attach a separate sheet) In order to assist the Village of Queen Charlotte's review and evaluation of my application, by signing below, I authorize the staff assigned to this application to enter onto the land at reasonable times, after making reasonable efforts to arrange to schedule a convenient time for such a visit, to inspect the land. I acknowledge a right, if a convenient time can be scheduled, to accompany the staff person on the site visit. By signing below, I authorize the Applicant named in Section 3 on this application to represent this application. First Consent and Authorization Second Consent and Authorization Consent and Authorization Signature Consent and Authorization Signature Date Date ## COMPLETED APPLICATIONS SHOULD BE SUBMITTED TO: Village of Queen Charlotte - Development Approvals Department PO Box 580, 903A Oceanview Drive Queen Charlotte BC VOT 150 Telephone: 250 559-4765 Fax: 250 559-4742 [email protected] - www.QueenCharlotte.ca ## *Contaminated Sites Regulation The Provincial Contaminated Sites Regulation, BC Reg. 375/96, applies to any demolition, zoning, development, subdivision, development variance or soil removal on any commercial or industrial zoned properties, or those that have been used for commercial and industrial purposes through pre-existing non-conforming uses. In these cases the property owner is required to complete and submit a site profile, which will be referred to the Province and no Siting and Use Permit will be issued until the property is compliant with any provincial requirements. 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The property owner(s) identified in Section 2 are responsible to ensure that the building(s) and/or structure(s) are constructed/sited and used in accordance with the information provided in the submitted application only. No variations are authorized by this permit. Any change in use, land clearing/preparation, or construction/siting will require a new application. Village staff will conduct a minimum of two (2) site inspections to confirm compliance with the SUP. Infractions of municipal bylaws can result in fines or other action up to and including prosecution. Plan ## SECTION 1: DESCRIPTION OF THE PROPERTY (AS INDICATED ON STATE OF TITLE CERTIFICATE) Block District Lot/Section Lot/Parcel Other Description Street Address or General Location Jurisdiction and Folio Number Parcel Identifier (PID) Queen Charlotte, BC VOT 150 First Owner Information Name Street Address Telephone Email Name Telephone Inspection Date/Time - [ ] - PASSED INSPECTION Comments (from Property Assessment/Tax Notice) (from State of Title Certificate) ## SECTION 2: OWNER INFORMATION (ADD ADDITIONAL PAGE IF MORE THAN TWO OWNERS) Second Owner Information Name Street Address Telephone Email ## SECTION 3: APPLICANT INFORMATION (IF DIFFERENT FROM OWNER) Street Address Email ## SECTION 4: INITIAL INSPECTION ON APPLICATION (TO BE COMPLETED BY AUTHORIZED APPROVAL OFFICIAL AS PART OF THE APPLICATION REVIEW) Completed by - [ ] - SCHEDULE FOLLOW UP Signature of Official SECTION 5: PERMIT APPROVAL a\_m3s.a 2:: \_m:n ma e.2\_o§. manm 3 :20 E mxm a :.\_ . 3: . o: ## (TO BE COMPLETED BY AUTHORIZED APPROVAL OFFICIAL) The issuance of this Permit certifies only that the proposed construction/siting and use proposed in the permit application and initial site visit and shown on the attached SITE PLAN as Schedule "A" to this permit, would comply with the requirements of the Village's land use bylaws. - [ ] - SITING AND USE PERMIT APPROVED - [ ] - SITING AND USE PERMIT DENIED Signature of Official Name and Title: Reason for Denial Inspection Date/Time - [ ] - PASSED INSPECTION CONSTRUCTION CAN PROCEED - [ ] - FURTHER INSPECTION REQUIRED ON Comments ## SECTION 6: FINAL INSPECTION (TO BE COMPLETED BY AUTHORIZED APPROVAL OFFICIAL ONCE CONCRETE FORMS OR FOOTINGS ARE IN PLACE) Completed by Signature of Official \_ at Time INSPECTION PHOTOS TO BE ATTACHED TO THE PROPERTY FILE - If construction of the building(s) and/or structure(s) for which this permit is issued is not irrevocably commenced within 2 years of the date of issuance of this permit, the permit lapses on the second anniversary of the date of issuance. 2. For the purposes of this permit, irrevocably commenced means: - In the case of a building or structure whose height is regulated by the Village Zoning Bylaw, completion of the foundation and the framing and structural roof elements such that the height of the building or structure, as regulated, may be ascertained; - b. In the case of a building or structure with a permanent foundation and no roof, completion of construction of the foundation such that it is capable of supporting the building or structure without further modification; and - c. In the case of a building or structures with neither roof nor permanent foundation, assembly at the construction site of all building materials required to construct it and the obtaining of all authorizations to construct required by any authority having jurisdiction, including any right to occupy Crown land, as evidenced by the provision of a true copy of such authorization to the Village. 3. Provincial legislation requires that all new construction of buildings and structures or alterations to existing buildings and structures must comply with the latest edition of the BC Building Code. Responsibility for compliance with the BC Building Code rests entirely with the property owner and applies even in areas where there is no building permit or inspection requirement. 4. Theopery overin the a it of the far determin the safe of consters leone proper are enter sere - The protection of archeological or culturally sensitive areas; and - The Homeowner Protection Office. 5. Other provincial regulations may apply and it is the responsibllity of the property owner to obtain all necessary approvals.