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DISTRICT OF HOPE
BYLAW NO. 1595
A bylaw to set out the application and public hearing/information meeting procedures.
The Council of the District of Hope, in open meeting assembled, enacts as follows:
1.
CITATION
a. This bylaw may be cited for all purposes as the "District of Hope Application
Procedures Bylaw No. 1595, 2025".
2.
APPLICATION
This bylaw shall apply to:
a) Amendments to a/an:
i.) Official Community Plan;
ii.) Zoning Bylaw.
b) The issuance of and amendments to a:
i.) Development Permit;
ii.) Development Variance Permit;
iii.) Temporary Use Permit.
c) Highway Closures
3.
DEFINITIONS
"District" means the District of Hope.
"Owner" means the registered owner(s) of property or the representative(s)
authorized by the owner in writing.
"Public Notice Place" means the bulletin board in the foyer of the District of Hope
Municipal Office, located at 325 Wallace Street, Hope, BC.
4.
ZONING/OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT
APPLICATIONS
a) All applications for an amendment shall:
i.) be submitted on the prescribed form;
ii.) include the application fee in the amount set out in the District's current
Fees and Charges Bylaw, as amended from time to time;
iii.) be referred to Council with a staff report and recommendation.
b) If the staff recommendation is to refuse the application, the Owner shall be
notified, and advised of:
District of Hope Application Procedures Bylaw No. 1595, 2025
Page 2 of 5
i.) the reason(s) for the recommendation; and
ii.) the procedure if the applicant wishes to address Council as a
delegation.
c) The Council may, upon receipt of an application, proceed with an amendment
bylaw or reject the application.
5.
PUBLIC INFORMATION MEETINGS
The District, at its discretion, may require the applicant to hold a public information
meeting and notification requirements will be at the discretion of District staff. The
applicant will be responsible for costs arising from the required notification and/or
venue.
6.
PUBLIC HEARINGS
Where a Public Hearing is held for a Zoning Bylaw amendment, Official Community
Plan Bylaw amendment, or Highway Closure Bylaw, the following procedures shall
apply:
a) A Public Hearing will be held after first reading of the bylaw and before third
reading;
b) A notice of Public Hearing will be issued pursuant to the requirements of the
Community Charter and Local Government Act;
c) Where the bylaw alters a permitted use or density, the notice shall:
i.) be mailed or otherwise delivered, at least 10 days prior to the Public
Hearing, to the owner(s) and tenant(s) in occupation of parcels directly
affected by the bylaw and of all parcels, any part of which is within 50
metres of the area subject to the amendment;
ii.) be subject to an increased mailout radius at the discretion of District
staff;
iii.) include, where applicable, a sketch showing the area that is the
subject of the bylaw, including the name(s) of adjoining roads;
iv.) subsection (c) does not apply if 10 or more parcels owned by 10 or
more owners are the subject of the bylaw amendment.
d) At a Public Hearing all persons who believe that their interests are affected
by the proposed bylaw(s), shall be afforded a reasonable opportunity to be
heard or to present written submissions respecting matters contained in the
subject bylaw(s).
e) A record of each Public Hearing containing a summary of the nature of the
representations made at the hearing, respecting the bylaw(s), shall be
prepared and maintained as a public record and, following receipt by Council,
be certified as being fair and accurate by the Corporate Officer.
f) A Public Hearing may be adjourned and no further notice of the hearing is
necessary if the time and place for the resumption of the hearing is stated to
those present at the time the hearing is adjourned.
District of Hope Application Procedures Bylaw No. 1595, 2025
Page 3 of 5
g) After the Public Hearing, Council may, without further notice of hearing:
i.) adopt or defeat the bylaw; or
ii.) alter and then adopt the bylaw, provided that the amendment does not
alter the permitted use, increase the density, or without the owner's
consent, decrease the density of any area from that originally
specified in the bylaw.
h) Should a Zoning Amendment Bylaw, Official Community Plan Amendment
Bylaw, or Highway Closure Bylaw not proceed through adoption within one
year of the date of Public Hearing for that bylaw, the application may either
be cancelled or resubmitted to Public Hearing.
7.
NOTIFICATION SIGN
a) A notification sign shall be required for every Public Hearing unless this
requirement is waived by Council resolution. A notification sign shall not be
required when a Public Hearing is waived or prohibited.
The following shall apply to notification signs:
i.) a sign advising of the proposed amendment shall be posted no less
than 7 days prior to the Public Hearing date on the subject lands.
Signs must be fully visible from the highway on which the lands front;
ii.) signs shall be to the standard set out in the Sign Notification
Guidelines;
iii.) if the subject lands are more than 1 hectare in area, additional signs
may be required, at the District's discretion, to provide adequate
exposure to travelled public highways;
iv.) the owner must provide the District with written notification, including
a photo that the sign has been posted in accordance with the
provisions of this bylaw;
v.) if, after posting on the subject lands, the sign(s) is destroyed,
vandalized, damaged or stolen, the Public Hearing process will not be
affected;
vi.) the sign(s) shall be removed within 5 days after conclusion of the
Public Hearing; and
vii.) signs required under this bylaw shall not require a sign permit,
however, all costs associated with the manufacture, installation and
removal, and third-party liability insurance, shall be the responsibility
of the Owner.
District of Hope Application Procedures Bylaw No. 1595, 2025
Page 4 of 5
8.
PERMITS
a) All applications for a permit shall:
i.) be submitted on the prescribed form;
ii.) include the application fee in the amount set out in the District's current
Fees and Charges Bylaw, as amended from time to time; and
iii.) unless delegated to staff, be referred to Council with a staff report and
recommendation.
b) Council may, upon receipt of the report and recommendation:
i.) authorize the issuance of the proposed permit;
ii.) authorize the issuance of the proposed permit as amended by the
Council; or
iii.) refuse to authorize the issuance of the proposed permit.
c) Where a Development Permit or Development Variance Permit is issued, it
shall be filed at the Land Titles Office.
9.
NOTICE REQUIREMENTS - PERMIT APPLICATIONS
a) Prior to passing a resolution to issue a Development Variance Permit, a
Development Permit that involves a variance, or a Temporary Use Permit,
Council shall give notice pursuant to the requirements of the Community
Charter and Local Government Act.
The notice shall:
i.) be mailed or otherwise delivered, at least 10 days prior to adoption of
the resolution to issue the permit, to the owner(s) and tenant(s) in
occupation of parcels directly affect by the permit and of all parcels,
any part of which is within 50 metres of the area subject to the permit;
ii.) be subject to an increased mailout radius at the discretion of District
staff;
iii.) include, where applicable, a sketch showing the area that is the
subject of the permit, including the name(s) of adjoining roads.
b) In the case of a Temporary Industrial or Commercial Use Permit, be
published at least 3 days and not more than 14 days before the adoption of
the resolution to issue the permit.
10. RE-APPLICATION
Subject to the provisions of the Council Procedure Bylaw, where a bylaw
amendment or a permit application has been considered by Council and denied,
reapplication for the same amendment or permit shall not be considered within 12
months immediately following the date of such denial, unless by an affirmative vote
of at least 2/3 of the Council members the time period is varied or waived.
District of Hope Application Procedures Bylaw No. 1595, 2025
Page 5 of 5
11. REPEAL
THAT Application Procedures and Public Hearing/Information Meeting Procedural
Bylaw No. 13/93 and all amendments thereto, are hereby repealed in their entirety.
12. SEVERABILITY
If any section, subsection, sentence, clause or phrase in this bylaw is for any reason
held to be invalid by a decision of any court or competent jurisdiction, the decision
shall not affect the validity of the remaining portion of this bylaw.
Read a first, second, and third time this 10th day of March, 2025.
Adopted this 24th day of March, 2025.
Original Signed by Victor Smith
Original Signed by Donna Bellingham
Mayor
Director of Corporate Services