Bylaw 559 – Midway Official Community Plan Bylaw No. 559, 2024
Midway, British Columbia
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OFFICIAL COMMUNITY PLAN
BYLAW No. 559, 2024 - Adopted April 15, 2024
Village of Midway
Official Community Plan
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The Corporation of the Village of Midway
BYLAW No. 559, 2024
A Bylaw to Establish an Official Community Plan for the Village of Midway
WHEREAS an Official Community Plan may be enacted pursuant to the provisions of the Local
Government Act and the Community Charter;
AND WHEREAS the Council of the Village of Midway has conducted a review of the Village of
Midway Official Community Plan, Bylaw No. 380 which has resulted in a comprehensive
rewrite of the Plan's objectives and policies and substantial changes to the maps associated
therewith;
NOW THEREFORE the Council of the Village of Midway, in open and public meeting
assembled, enacts as follows:
1.
Citation
This Bylaw may be cited as "Midway Official Community Plan Bylaw No. 559, 2024".
2.
Repeal
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TABLE OF CONTENTS
PART 1 |
INTRODUCTION & CONTEXT ...................................................................................................... 7
1.1
Acknowledgements ....................................................................................................................... 7
1.2
Community Vision .......................................................................................................................... 8
1.3
Traditional Lands............................................................................................................................ 9
1.4
Purpose of the Plan........................................................................................................................ 9
1.5
Enabling Legislation ....................................................................................................................... 9
1.6
Interpretation .............................................................................................................................. 11
1.7
Demographic Characteristics, Population Change, Income, and Shelter Costs .......................... 11
1.8
Healthy Community ..................................................................................................................... 16
1.9
Review and Amendment of the Plan ........................................................................................... 17
1.10
Sustainability Principles ............................................................................................................... 19
PART 2 |
NATURAL ENVIRONMENT ........................................................................................................ 23
2.1
Natural Hazards ........................................................................................................................... 23
2.2
Natural Environment ................................................................................................................... 24
2.3
Climate Protection ....................................................................................................................... 25
2.4
Corporate GHG Reduction Objective ........................................................................................... 25
PART 3 |
BUILT ENVIRONMENT .............................................................................................................. 29
3.1
Compatible and Energy Efficient Land Use .................................................................................. 29
3.2
Housing ........................................................................................................................................ 32
3.3
Commercial .................................................................................................................................. 38
3.4
Industrial ...................................................................................................................................... 40
PART 4 |
COMMUNITY HEALTH & WELLNESS ........................................................................................ 41
4.1
Municipal Services ....................................................................................................................... 41
4.2
Agriculture ................................................................................................................................... 43
4.3
Economic Prosperity .................................................................................................................... 46
4.4
Quality of Life ............................................................................................................................... 46
PART 5 |
DEVELOPMENT PERMIT AREAS ............................................................................................... 50
5.1
Development Permit Areas ......................................................................................................... 50
5.2
Highway Light Industrial / Commercial ....................................................................................... 50
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PART 6 |
LAND USE MAP ........................................................................................................................ 52
6.1
Interpretation .............................................................................................................................. 52
6.2
Explanation of Designations ........................................................................................................ 52
6.3
OCP Land Use Designations and Implementing Zone Districts ................................................... 54
PART 7 |
IMPLEMENTATION OF THE PLAN ............................................................................................ 55
7.1
Interpretation .............................................................................................................................. 55
7.2
Zoning and Subdivision Control ................................................................................................... 55
7.3
Development Cost Charge Bylaw ................................................................................................ 55
7.4
Minimum Maintenance Standards / Unsightly Premises Bylaw ................................................. 55
7.5
Miscellaneous Bylaws .................................................................................................................. 55
7.6
Capital Budget .............................................................................................................................. 56
7.7
Agricultural Land Commission ..................................................................................................... 56
7.8
Public Involvement ...................................................................................................................... 56
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Schedule A - Plan Text
PART 1 |
INTRODUCTION & CONTEXT
1.1 Acknowledgements
The contribution of many people during the time between the summer of 2019 and the spring of 2020
made this update to the Official Community Plan possible. It is truly a 'made-in-Midway' plan. In addition
to the many citizens who participated in the public open house and the contributing workshops of the
Aging-friendly Assessment and Action Plan, the following people played particularly important roles:
Advisory Committee
-
Ross Elliott
-
Christine Hinks
-
Kim McIntyre
-
Len Schmidt
-
Paul Steer
-
Gary Schierbeck, Village Councillor
-
Penny Feist, Village CAO
-
Kady Hunter, Interior Health
Village Council (2020)
-
Mayor Martin Fromme
-
Councillor Richard Dunsdon
-
Councillor Fred Grouette
-
Councillor Darrin Metcalf
-
Councillor Gary Schierbeck
-
Chief Administrative Officer Penny Feist
Village Council (2023)
-
Mayor Doug McMynn
-
Councillor Darrin Metcalf
-
Councillor Aaron Pownall
-
Councillor Richard Dunsdon
-
Councillor Judy Willsey
-
Chief Administrative Officer Lisa Teggarty
Consultant
-
James van Hemert of van Hemert and Company
-
EcoPlan International Inc. (2023 updates only)
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1.2 Community Vision
Midway, unique because of its small-town atmosphere and its strong sense of pride, will aspire to
be a complete community where:
o Citizens of all ages have a collective sense of belonging, and contribute to the quality of
life in the community;
o The community celebrates a vibrant culture and heritage;
o The environment is nurtured for present and future generations;
o Planned development strengthens the character of the community; and
o Economic diversity contributes to the prosperity and well-being of the community.
don't forget young families we have
-we want to keep them and draw more in
--Citizen
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1.3 Traditional Lands
The Village of Midway recognizes, acknowledges and respects that this Official Community Plan (OCP) area
is located within the non-treaty traditional lands of the Okanagan Nation Alliance and the Osoyoos Indian
Band.
1.4 Purpose of the Plan
To guide the development of municipalities in British Columbia, the Province has authorized
municipalities to adopt community plans under the Local Government Act and the Community
Charter.
An Official Community Plan (OCP) is a general statement of the broad objectives and policies of the
local government respecting the physical, environmental, economic and social development of the
community. It sets out, in reasonably clear terms, the goals of the community and the policies
which must be followed in order that these goals may be achieved. Once adopted, an OCP serves
as a foundation for all policies, regulations and decisions pertaining to land use and development
in the municipality.
The purpose of the Plan is to ensure that new development takes place in an orderly and economical
way; that sufficient and appropriate lands are designated for all necessary purposes; that services
are adequate to serve present and future development; that the social, health and economic needs
of the residents are provided; and that the environmental qualities of the area are preserved and
even enhanced.
In an age-friendly community, policies, services, settings, and structures support and enable people
to age actively by:
1. recognizing the wide range of capacities and resources among people of all ages;
2. anticipating and responding flexibly to age-related needs and preferences;
3. respecting decisions and lifestyle choices of all age groups;
4. protecting those who are most vulnerable;
5. promoting the inclusion in and contribution to all areas of the community life by all age
groups; and
6. ensuring accessibility for all with safe travel throughout the Village and convenient
entrance to and movement within public facilities.
1.5 Enabling Legislation
The Official Community Plan has been prepared in accordance with the requirements of the Local
Government Act, which states that the plan must include statements and map designations for the
area covered by the plan. The relevant Part and Division is cited below.
Part 14 - Planning and Land Use Management, Division 4 -- Official Community Plans
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Content and process requirements
473 (1) An official community plan must include statements and map designations for the area
covered by the plan respecting the following:
(a) the approximate location, amount, type and density of residential development required
to meet anticipated housing needs over a period of at least 5 years;
(b) the approximate location, amount and type of present and proposed commercial,
industrial, institutional, agricultural, recreational and public utility land uses;
(c) the approximate location and area of sand and gravel deposits that are suitable for future
sand and gravel extraction;
(d) restrictions on the use of land that is subject to hazardous conditions or that is
environmentally sensitive to development;
(e) the approximate location and phasing of any major road, sewer and water systems;
(f) the approximate location and type of present and proposed public facilities, including
schools, parks and waste treatment and disposal sites;
(g) other matters that may, in respect of any plan, be required or authorized by the minister.
(2) An official community plan must include housing policies of the local government respecting
affordable housing, rental housing and special needs housing.
(2.1) Unless a local government is exempted, or is in a class of local governments exempted, under
section 585.11 [application of this Division], the local government must consider the most recent
housing needs report the local government received under section 585.31 [when and how housing
needs report must be received], and the housing information on which the report is based,
(a) when developing an official community plan,
(b) when amending an official community plan in relation to statements and map designations
under subsection (1) (a) of this section, or
(c) when amending an official community plan in relation to housing policies under subsection
(2) of this section.
(3) An official community plan must include targets for the reduction of greenhouse gas emissions
in the area covered by the plan, and policies and actions of the local government proposed with
respect to achieving those targets.
(4) In developing an official community plan, the local government must consider any applicable
guidelines under section 582 [provincial policy guidelines].
Policy statements that may be included
474 (1) An official community plan may include the following:
(a) policies of the local government relating to social needs, social well-being and social
development;
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(b) a regional context statement, consistent with the rest of the plan, of how matters referred
to in section 429 (2) (a) to (c) [required content for regional growth strategy], and other
matters dealt with in the plan, apply in a regional context;
(c) policies of the local government respecting the maintenance and enhancement of farming
on land in a farming area or in an area designated for agricultural use in the plan;
(d) policies of the local government relating to the preservation, protection, restoration and
enhancement of the natural environment, its ecosystems and biological diversity.
(2) If a local government proposes to include a matter in an official community plan, the regulation
of which is not within the jurisdiction of the local government, the plan may state only the broad
objective of the local government with respect to that matter unless the minister has, under section
473 (1) (g), required or authorized the local government to state a policy with respect to that
matter.
1.6 Interpretation
This Plan consists of a text (Schedule 'A'), a Land Use Map (Schedule 'B'), a Development Permit
Area Map (Schedule 'C'), a Community Water System Map (Schedule 'D') and a Community Sewer
System Map (Schedule 'E').
This Plan is not intended to be a precise instrument, and contains broad policies that apply to the
Village over a long period of time.
Boundaries shown on the Land Use Map are approximate and shall be defined in detail in the
implementing bylaws that will follow. Similarly, references in the text to uses, density and similar
matters are to be considered flexible, provided the intent of the Plan is not altered.
The policies of this Plan are those of the Council of the Village of Midway.
1.7 Demographic Characteristics, Population Change, Income, and Shelter Costs
This section provides a brief overview of relevant Census population data from the recent 2021
census as well as pertinent highlights from the Interior Health Authority's Local Health Area (LHA)
Profile for the Kettle Valley 2021 which contains useful information on population health. The
overview also draws from BC Stats' PEOPLE population projections for the Kettle Valley LHA.
1.7.1 Current Population Characteristics1
The Village's permanent resident population is 651 in 2021. This is a 0.3% increase from the 2016
population of 649. Males number 330 or 50.7%; females 320, or 49.2%. A majority of 630, or 96.8%,
live in private households. The census counts 324 occupied private dwellings.
1 Unless stated otherwise, all population data is from the 2016 Census.
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1.7.2 Population by Broad Age Group
- 0-14 years (children):
7%
- 15 to 64 years (working age):
49%
- 65 years and over (primarily out of work-force):
43%
1.7.3 Population Distribution By 5-Year Cohorts
The population distribution is illustrated in a graphic on the following page. It is clear that one of
the defining characteristics of the Village's population profile is a mature and aging population. The
largest cohorts are those between 55 and 70 years.
15
15
15
25
20
25
15
15
20
25
30
55
95
90
85
50
35
15
5
5
0
10
20
30
40
50
60
70
80
90
100
0 - 4
5 - 9
10 - 14
15 - 19
20 - 24
25 - 29
30 - 34
35 - 39
40 - 44
45 - 49
50 - 54
55 - 59
60 - 64
65 - 69
70 - 74
75 - 79
80 - 84
85 - 89
90 - 94
95 - 99
Village of Midway 2021 Census
Population by 5-Year Cohorts
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1.7.4 Median Age
The median age is 62.8 years. This compares to 48.8 years in the Kootenay Boundary Regional
District and 42.8 in BC.
1.7.5 Population Change
The next 5 years (2021-2026) will see substantial increases in the older adult cohorts.
- All Ages
- 3.9%
- Ages 65 and over +19%
- Ages 75 and over +52%
- Ages 85 and over +84 %
This population change projection is for the entire Kettle Valley Area and it represents a reasonable
proxy for the anticipated change in the Village of Midway. This data is published in Interior Health's
Local Health Area profile (2021) for the Kettle Valley. 2
Population projections prepared by the PEOPLE program of BC Stats provides both a closer and
longer perspective population change. The smallest geographical unit available is the Local Health
Area (LHA). Midway lies within the Kettle Valley LHA and its population of 651 represents 18% of
the LHA population of 3,621. Use of this data provides us with a reasonable proxy of anticipated
population change which is characterized by long term decline and an aging population.
Relevant highlights of the Kettle Valley LHA population change to 2045:3
- Overall population increase of 3.84%
- Proportion of population 75+ changes from 15% (in 2023) to 25% (in 2045) of the
population.
Population growth projections for small populations are subject to variability due to factors such as
changes in employment opportunities and migration of retiree populations.
The relatively wide range of support services, resources and amenities available in Midway suggests
that it will continue to attract migration from outlying rural areas and from high-cost urban areas
in BC and Alberta.
1.7.6 Population Change & Housing Need
Average household size in BC has been in decline for decades generally, and specifically in Midway
between 2016 (2.1) and 2021 (2.0). The number of private households has increased from 321 in
2016 to 325 in 2021. Therefore, even with a declining or stable population, demand for dwelling
units will increase. Average household size is projected to be 1.7 in 2030.
2 BC Ministry of Health, Health Sector Information, Analysis and Reporting Division. Local Health Area Profiles. 2021.
3 BC Stats. Population Estimates & Projections for BC. https://bcstats.shinyapps.io/popApp/
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The Village is targeting an annual growth increase in population of 1% per year over the next 10
years.
o Population target to 2031:
720
o Number of dwelling units required:
424
o Additional number of dwelling units required between 2021 and 2031:
100
Note: The population is projected to increase by 70. Some of the projected new dwellings would
accommodate people already living there.
The targeted population projection of 720 is subject to a considerable amount of potential variance,
as population projections for small communities are particularly difficult to establish accurately, as
changes in the circumstances of the community that might be considered minor in a larger
municipality can result in significant changes in population estimates and growth trends in a
municipality such as Midway (e.g. one new employer moves to town, one new subdivision is
developed, or one existing employer leaves town).
The Village currently has vacant, subdivided and serviceable land sufficient to accommodate 54
additional dwellings.
Land to accommodate an additional 46 units is required to meet the housing need to 2030. The
Land Use map identifies additional land as follows:
1. Reserve for residential development south of Seventh Street between Division and
Beamish Streets. This area is designated Comprehensive Development and could
accommodate 24 multi-unit attached units.
2. Maintain the existing area designated Mobile Home Subdivision south of the Kettle River.
Estimated unit yield is 22.
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1.7.7 Household Income
The prevalence of low income in 2020 based on after-tax low-income measure LIM-AT (%) for those
65 years and over is 18%.
The median household income for Midway is $58,000. This compares to $85,000 for B.C.
1.7.8 Shelter Costs
Twelve and a half percent of households face unaffordable monthly shelter costs in the Midway.
Unaffordability is based on shelter costs (including insurance, taxes, maintenance) exceeding 30%
of gross household income.
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1.8 Healthy Community
A healthy community is a place where healthy, social, economic, natural and the built environments
give citizens the opportunity to live to their full potential and where people come together to make
their community better for themselves, their family, their friends, their neighbours, and others.3
The update to this plan has been viewed through the lens of fostering a healthy community.
About 60% of what influences our health is related to factors in our physical and socio-economic
environments, spheres in which this Plan has direct influence.4
Effective planning creates supportive environments that promote healthy lifestyles and social
interactions that result in a positive population health impact. The path from plan policy to
community health is illustrated in the following image.
Diagram created by Kady Hunter, MPH, Community Health Facilitator, Healthy Communities Team,
Interior Health and adapted from Frank L., Kavage S, Litman T. (2006). Promoting Public Health through
Smart Growth. Smart Growth BC: Vancouver, BC. Images from www.nounproject.com.
3 Canadian Institute of Planners, 2018, Policies on Healthy Communities Planning. Available at http://cip-icu.ca/Files/Policy-
2018/policy-healthy-eng-FINAL.aspx. Visited on November 13, 2019.
4 Canadian Medical Association, Health equity and the social determinants of health, 2012.
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1.9 Review and Amendment of the Plan
Although an effort has been made to anticipate most situations which could arise in the foreseeable
future, new information and changing circumstances must be monitored to ensure that this Plan
remains current. The Plan should be reviewed on an annual basis and a comprehensive review
should be undertaken at least every five years.
Amendments to this Plan must be made by bylaw and in accordance with the provisions of the Local
Government Act.
Persons requesting revisions to the Plan shall submit an application to the Village Council, along
with such supporting material as may be deemed by Council to be necessary.
1.9.1 Professional Review & Community Engagement in the 2019/20 Review of The Plan
A comprehensive review and robust community engagement process was undertaken between the
summer of 2019 and winter of 2020.
The background review included the following components:
1. demographic characteristics and population change;
2. community health statistics;
3. gap analysis of the legal context and administrative limitations;
4. sustainability principles;
5. development of a common, non-hierarchical framework; and
6. consistency review of the OCP relative to:
a. Village of Midway Zoning Bylaw No. 464-2015;
b. Regional District of Kootenay Boundary (RDKB) Strategic Plan 2023-2027; and
c. the BC Climate Action Charter.
The review was supported by community engagement in the following formats:
1. a citizen's advisory committee met five times to review and provide insight and comments
on the evolving plan;
2. a robust level of support provided by Interior Health throughout the process via the
participation of Kady Hunter, Community Health Facilitator on the Healthy Communities
Team;
3. a series of 'key informant' style interviews and focus groups with representatives of the
Fire Department, Community Futures, Ministry of Transportation & Infrastructure, ISL
Engineers (flood mapping and mitigation), Interior Health, West Boundary Community
Forest, and the Agricultural Land Commission;
4. a presentation and dialogue with the Village Council on October 9, 2019; and
5. a community drop-in style open house held on October 30, 2019 to elicit feedback on a
range of topics and questions of community interest, listed as follows:
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o population trends (hint: we are getting older)
o what is our community vision?
o what is the land use plan map all about?
o what type of housing do we need?
o where should we build a universally accessible public washroom and information kiosk?
o natural hazards: flooding and wildfire -and what we are doing about it
o how can we be a healthy community?
o should we allow Short Term Vacation Rentals?
o what should the Village do about climate change?
o where is the recent Village land purchase and what should we do with it?
Figure 1 Community Drop-in Open House
The making of the plan was also supported by concurrent work of the Aging-friendly Assessment
and Action Plan, in the form of a mobility audit and development of a set of age-friendly OCP
policies, all of which are integrated into the update.
1.9.2 Plan Review and Update 2023
Due to delays caused by the 2019 pandemic and subsequent staff changes, the Village
of Midway's review and update of the 2020 Official Community Plan (OCP) remained as a draft
document, and the process to approve and adopt the OCP was not completed. It was held at first
reading and public hearing. In 2023, the Village hired a community planning firm to review, update,
and prepare the Official Community Plan - DRAFT of July 3, 2020 for Council approval. This
document is the result of the follow-up work.
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1.10 Sustainability Principles
The most widely accepted and succinct definition of sustainable development is the one created by
the United Nations in 1987:
Sustainable development is the kind of development that meets the needs of the present
without compromising the ability of future generations to meet their own needs.5
This definition is consistent with the view of sustainability viewed through the more specific lens of
the three pillars: economic, social, and environmental. A popular way to visualize the three pillars
is shown in the diagram below.
For our purpose of creating a community plan we can describe a sustainable approach in the
following way:
Inherently, a sustainable community works to live in harmony with its natural environment,
create a healthy economy and do so in a manner that supports and enriches all elements of
society, with particular focus on various populations and their needs. Further, sustainability
can be seen as an urban tapestry that weaves together the many elements of a community
into a delicate balance, such as walkable streets, compact development, high-performance
buildings and neighbourhood scale infrastructure, while linking people to the natural
environment through well-defined trail systems connected to preserved open space.
5 United Nations, Brundtland Commission, 1987
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1.10.1 Environmentally Sustainable Guiding Principles
It is most important to recognize that we, the people, are also 'the environment', not separate. If
we harm the environment, we harm ourselves. Our efforts may also serve to enhance and improve
the natural environmental health.
1. Ecosystem Health
- We recognize that we need healthy ecosystems for our survival, health and well-being,
and that species and ecosystems also have intrinsic value (in their own right). For
example, recognizing that ecosystems perform many valuable services for us, like
providing clean water for drinking, purifying the air, pollinating food crops, and
providing places for recreation.
2. Integration of Systems
- We recognize that economic vitality, environmental health, social equity and human
health are all inter-related and mutually dependent.
- We seek synergies rather than trade-offs, and strive for solutions with multiple
benefits. For example, using green infrastructure like constructed wetlands and trees
to manage stormwater, instead of just relying on hard infrastructure like pipes.
3. Wise Use of Resources
- We proactively manage our resources by seeking creative solutions and prioritizing
actions that create holistic and long-term value for our community. For example,
multiple and shared uses of public buildings.
4. The Long View
- We make decisions and act today with the long-term resilience of our community and
ecosystems in mind, and prepare ourselves for changes to come.
- We recognize our responsibility for the well-being of future generations.
- We will actively plan and advocate on behalf of our watershed.
- We will plan for climate change adaptation and mitigation.
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1.10.2 Socially Sustainable Guiding Principles
Social sustainability is about people-individuals and the community working together to meet their
needs, realize their potential, and prosper in a healthy environment. Principles for consideration
include the following:
1. Caring: we are compassionate and sensitive to the needs of our community and each
other.
2. Inclusive: we are welcoming, and embrace and promote accessibility for all.
3. Safe: we are free from fear, and secure from risk and harm in our community.
4. Liveable: we enjoy a high quality of life and a wide range of opportunities for meeting our
needs and our potential.
5. Just: we treat each other fairly, demonstrate mutual respect, and ensure equal
opportunity for all.
6. Age-friendly: we embrace and support people of all ages and during all life stages -from
birth to death.
7. Diversity: we see our differences as a source of strength and opportunity.
8. Culture: we value the arts, the humanities, shared values and attitudes, and other
products of human intellect and invention.
9. Belonging: we feel connected to and accepted by a community.
10. Participation: we engage actively as individuals, groups and organizations, fostering
community.
11. Adaptability: we are flexible and resourceful in the face of change.
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1.10.3 Economically Sustainable Principles
1. Smart: we take an intelligent, practical approach to encouraging economic growth that
contributes to a strong community.
2. Prosperity for our community: we create economic opportunity for business and citizens.
3. Consistent and supportive: our growth is consistent with and supportive of Midway's goals
for quality of environment, community, and life.
4. Support for local businesses: all can contribute to a dynamic economy in which benefits
are contributed by and shared with all.
5. Employment for everyone who needs it: we maintain and increase the diversity of the
local economy, in order to be economically robust, to contribute to social diversity, and to
maximize the range of employment opportunities available in a wide variety of sectors and
a wide variety of occupations.
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PART 2 |
NATURAL ENVIRONMENT
2.1 Natural Hazards
2.1.1 Objective for Natural Hazards
Avoid areas which are prone to natural hazards when designating land for intensive uses such as
residential, industrial and commercial.
2.1.2 Policies for Flooding Natural Hazards
1. Areas which, due to existing physical conditions or known natural hazards such as
flooding, rockfall and erosion, are not useful for urban activities shall be left in a natural
state.
2. Lands which are known to be subject to high water table or flooding shall not be used for
residential, commercial, institutional or industrial use. New developments shall be
constructed in accordance with the policies and the 200-year floodplain map of the
Village of Midway's Floodplain Management Bylaw.
3. Flood mitigation for the area bound by the south side of the Kettle River, Central Avenue
and the Mobile Home Subdivision designated area was addressed in the 2021 Flood
Mitigation and Mapping Study and Midway Flood Protection Detailed Design documents.
The Village of Midway has sought additional funding and will proceed with this work into
construction phase.
4. Unless a site-specific exemption to that bylaw has been granted by Council, where an
application for a site-specific exemption is submitted by a property-owner, a report
prepared by a qualified engineer or geoscientist will be required to be included with the
application.
2.1.3 Policies for Wildfire Natural Hazards
1. Applicants shall demonstrate how they will address wildland/urban interface fire hazards
during the rezoning and subdivision approval process.
2. Recognize that the Village of Midway Wildfire Protection Plan places the majority of
developed portion of the Village within a moderate fire risk classification.
3. Support FireSmart practices including education, neighbourhood focused activity, and
vegetation management.
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2.2 Natural Environment
2.2.1 Natural Environment Objective
Practice good environmental stewardship for all public lands and ensure that development occurs
in a manner that is in harmony with the natural environment.
2.2.2 Natural Environment Policies
1. Support the RDKB waste management policies and program.
2. Promote and enforce water conservation for all users of the municipal water system
through education and application of water restrictions when necessary, and will explore
a metered, block-rate fee system in the future.
We need to address water conservation more seriously;
we don't need to water lawns 7 X a week.
--citizen
3. Support the policies and actions of the Kettle River Watershed Management Plan and its
implementing body of the RDKB, the Boundary Integrated Watershed Service.
4. Activities which would have a detrimental effect on the natural environment of the
Village should be mitigated to the greatest extent possible.
5. Construction within the Village shall minimize adverse effects on the natural
environment. For example, the use of permeable paving materials reduces stormwater
runoff.
6. The Village opposes exploration and mining of uranium and other potentially hazardous
minerals within the Watershed area of the Village.
7. The Village opposes the extraction of fresh water resources in gas, liquid or solid form
from surface or groundwater for the purpose of commercial bottled water sales.
8. The Village opposes significant upstream diversion of water from the Kettle River, nor
developments anywhere on the river that may negatively impact the municipality's water
rights.
9. Recognize that Lewis' Woodpecker (red-listed) and Western Rattlesnake (blue-listed)
species have been identified within District Lots 637 and 424.
10. Recognize that Lewis' Woodpecker (red-listed), Western Rattlesnake (blue-listed) and
Gopher Snake (blue-listed) have been identified within District Lot 2227.
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2.3 Climate Protection
2.3.1 Climate Change Adaptation Objective
In a hotter and drier future, the Village provides a comfortable and environmentally sustainable
environment for its citizens.
2.3.2 Climate Change Adaptation Policies
1. Seek funding for water metering and a block rate structure to conserve water.
2. Initiate a street tree planting program to create a Village shade canopy.
2.3.3 Reducing Greenhouse Gas Emissions
In 2018, the provincial government introduced the Climate Change Accountability Act. It amended
and renamed the Greenhouse Gas Reductions Targets Act from 2007 and introduced a number of
legislated updates, including a 40% reduction in carbon emissions from 2007 levels by 2030, and
a 60% reduction from 2007 levels by 2040. The current target of an 80% reduction in emissions
by 2050 remains in place. In 2019, the Climate Change Accountability Act was amended
to introduce a broader climate accountability framework that mandates the setting of sectoral
and interim emissions reduction targets and implements more detailed and regular reporting
requirements for government.
The legislation is not prescriptive. Local governments may choose to set their own (higher) targets
and are encouraged to establish secondary, community supported targets.
The Village is a signatory of the BC Climate Action Charter, which commits the Village to monitor
and report on corporate (local government operations) and community emissions. The Climate
Change Accountability Act included requirements for the province to enhance its community
emissions reporting to support local governments.
The Village prefers to direct GHG reduction efforts to local initiatives rather than to purchase
carbon offsets.
To be consistent with legislative language, this plan uses the term 'corporate' for Village
operations and the term 'community' refers to residents and businesses.
2.4 Corporate GHG Reduction Objective
The Village is carbon neutral for corporate operations.
2.4.1 Corporate Policies
1. Monitor corporate and community-wide energy consumption and emissions.
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2. In accordance with Village Council policy of the Climate Action Revenue Incentive
Program (CARIP) reserve, fund corporate energy efficiency or Greenhouse Gas (GHG)
initiatives. Funding examples of the policy include: (1) use by the Village of Midway for
corporate energy efficiency or GHG reduction projects; (2) facilitate community
engagement or awareness about climate change of GHG reductions; or (3) evaluation
and implementation of energy and emissions reduction activities.
3. Reduce energy consumption and emissions for corporate operations, including facilities,
vehicles, and infrastructure. Chosen actions will be developed into a long-term plan that
will guide future actions for the Village.
4. New Village-owned buildings will be multi-use and meet high energy efficiency and green
design standards such as LEED certification. Existing buildings will undergo energy
assessments and retrofits as funding allows.
5. Formulate a strategy for its vehicle fleet, through joining a green fleet program such as
Energy Environment Excellence (E3) Fleets Program, administered by the Fraser Basin
Council, and aim to attain a green fleet rating.
6. Plant trees and other vegetation, in order to improve air quality, manage storm water
runoff and offset carbon emissions.
7. Consider the impacts on climate change as an important factor in decision-making
related to land use, site planning, building design, transportation and infrastructure.
8. Use Climate Action Reserve Incentive Fund (CARIP) funds for community projects of
enduring value
9. Collaborate or partner with other organizations, government agencies, communities and
other stakeholders, to achieve emissions reduction goals.
10. Commit to be 100% energy renewable by 2050 by participating with an organization such
as the Community Energy Association (CEA).
11. Support the organics recovery program administered by the RDKB.
Corporate Target
1. Reduce corporate greenhouse gas emissions by 50% by 2030 and 100% by 2040.
Secondary Targets
1. By 2025 reduce greenhouse gas emissions by achieving the following:
a. vehicle fleet fossil fuel consumption by 20%;
b. facility fossil fuel consumption by 20%;
c. water supply operations energy consumption by 20%;
d. sanitary sewer operations energy consumption by 20%; and
e. energy consumption of resource recovery operations by 20%.
2. By 2030 reduce greenhouse gas emissions by achieving the following:
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a. vehicle fleet fossil fuel consumption by 50%;
b. facility fossil fuel consumption by 50%; and
c. water supply operations energy consumption by 30%.
2.4.2 Community GHG Emissions Reduction Objective
Community-wide greenhouse gas emissions are substantially reduced.
Community GHG Emissions Reduction Policies
1. Encourage and promote active transportation by adding and improving walkways, trails,
sidewalks and cycling facilities.
2. Support commuter vans and internet-based ride sharing.
3. Consider a no-idling bylaw.
4. Participate, via the Regional District of Kootenay Boundary's building permit and
inspection service, in the province's Energy Step Program by adopting Step 1 for
residential buildings (Part 9 of the BC Building Code)-- (all new buildings in BC must meet
a net-zero energy ready level of efficiency by 2032).
5. Seek funding and opportunities for partnerships to achieve reductions, foster public
awareness and gain support for climate change mitigation strategies.
6. Use Village media to promote Fortis BC's Home Renovation Rebate Program to improve
efficiency. Rebate based program covers insulation, ductless heat pumps, and draught
proofing.
7. Consider energy consumption, efficiency and emissions when reviewing applications for
development, rezoning and subdivision. This may be done through the use of the
Regional District of Kootenay Boundary's sustainability checklist to evaluate the impacts
of new development.
8. Encourage landowners to retain and plant trees and other vegetation, including the
planting of rain gardens, in order to improve air quality, manage storm water runoff and
offset carbon emissions.
9. Support programs, policies and local businesses targeting the collection of residential,
commercial and institutional yard and garden waste, organic materials and food scraps.
Community-Wide Target
1. Reduce community-wide greenhouse gas emissions by 30% by 2030, and 80% by 2050,
relative to 2007 levels.
Secondary Targets
1. By 2030 reduce greenhouse gas emissions by achieving the following:
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a. Reduce average energy demand for buildings:
i. homes by 20%;
ii. commercial buildings by 30%; and
iii. institutional buildings by 30%.
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PART 3 |
BUILT ENVIRONMENT
3.1 Compatible and Energy Efficient Land Use
3.1.1 Compatible and Energy Efficient Land Use Objectives
1. Realize an orderly form of development in which land uses of various types are
appropriately located and compatibly inter-related. This promotes the safety,
convenience and health of residents and visitors as well as the efficiency of services and
facilities.
2. Encourage energy conscious community planning and building design and support all
efforts to promote energy conservation and the use of alternative energy sources which
are environmentally friendly and sustainable.
3.1.2 Compatible and Energy Efficient Land Use Policies
1. Prevent land use conflicts with required landscaped buffers or screening between non-
compatible uses.
2. Promote energy efficiency as a component of land use and development planning. The
responsible location of land use, site planning, and building design can all contribute to a
reduction in energy use. Energy efficiency principles and practices shall be followed in
land use planning, site planning, and building design.
3. The Village of Midway will seek partnerships with Fortis BC, the Regional District of
Kootenay Boundary, provincial and federal agencies, and others to foster achieving the
energy objectives of the community.
4. Participate in appropriate programs and initiatives that address climate change impacts,
and that help municipalities plan for local-scale impacts of climate change.
5. Areas which are not suitable for development or have high environmental preservation
value are designated as Open Space on the Land Use Map.
6. Minimum parcel area requirements in areas designated as Open Space on the Land Use
Map is 5 hectares in the implementing zoning bylaw.
3.1.3 Buildings Objective
All public buildings, including government and non-profit owned facilities, achieve universal
accessibility standards.
3.1.4 Building Policies:
1. All new and renovated public buildings shall be built to universal accessibility standards.
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2. All existing public buildings will be renovated to satisfy the maximum degree of universal
accessibility standards as funding permits.
3. The Village will work with private business in offering financial incentives using its
Revitalization Tax Exemption Bylaw for retrofitting existing commercial structures to
universal accessibility standards.
4. All Village-owned facilities will be upgraded to meet access requirements and universal
washroom standards of the BC Building Code by 2025.
3.1.5 Connectivity: Transportation and Accessibility Objectives
1. To maintain and develop a transportation network that provides safe and efficient
movement for pedestrians, mobility device, cyclists, automobiles, aircraft, and freight.
2. Both the Southern Trans-Provincial Highway No. 3 (Crowsnest Highway) and the local
airstrip are important assets to Midway. In addition, an efficient local road network is
important for the convenience and safety of local residents and visitors.
3.1.6 Transportation Policies
1. Adequate off-street parking is required for all commercial, institutional, religious,
cultural, industrial, and residential development.
2. Adequate loading facilities are required for all commercial and industrial development.
3. Collaborate with the Ministry of Transportation and Infrastructure to ensure a safe and
convenient route for truck traffic through the Village.
4. Pursue all avenues to upgrade the airstrip and related facilities, recognizing that it is a
valuable asset to the community.
5. Recognize that access permits are required from the Ministry of Transportation &
Infrastructure (MOTI) for Hwy 3, Florence Street and Dominion Street.
6. Collaborate with MOTI to accomplish the following safety improvements on Highway 3:
a. identify and evaluate options for safe access to the museum site;
b. move the existing 100 km/h speed limit sign for westbound traffic from its
current location just west of the museum to a point westward and beyond the
curve near Murray Street;
c. realign the Cleghorn Street intersection with Highway 3 to provide a 90-degree
intersection to improve traffic safety and at that location (or nearby) advocate for
a pedestrian crossing with a painted crosswalk, warning signs and lights; and
d. create a pedestrian crossing with painted crosswalk, warning signs and lights at or
near Florence Street.
7. Ensure safe access for all ages and abilities is provided in the design and modification of
all streets, sidewalks and pathways. Accessibility considerations are to be reviewed by
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the Accessibility Committee, an advisory committee appointed by the Village. Specific
improvements to be considered, included but not limited to, are as follows:
a. Install signage and painted crosswalks with pedestrian crossing warning signs at these
locations:
i.
the crossing of Florence Street immediately south of Highway 3 between the
Mile Zero Restaurant and The Spot, and;
ii.
at the crossing of Florence on the south side of Ninth Avenue.
b. Replace and rebuild sidewalk adjacent to Post Office to adequately support mobility
device use--wider and level.
c. Replace concrete corner of the sidewalk at the northeast corner of Florence Street &
Fifth Avenue with an accessible ramp embedded in the sidewalk.
d. Construct a fully separated and/ or raised concrete sidewalk or asphalt pathway
along Florence Street between Highway 3 and Fifth Avenue. This will be in addition to
the existing sidewalk of the north wesgas side of Florence Street between Highway 3
and Fifth Avenue.
e. Construct a separated asphalt pathway along the north side of between Florence
Street and Jesalin Street, along Fifth Avenue. This will ensure a safe walking route for
students accessing the school and Fifth Avenue and Jesalin Street.
f. Widen the paved shoulder along the south side of Ninth Avenue between Florence
Street and the entrance to McMynn's Foods.
3.1.7 Local Identity and Community Appearance Objective
Realize a form of development which is visually attractive, and to realize the conservation,
rehabilitation and development of structures and sites of high visual and architectural quality.
3.1.8 Community Appearance Policies
1. Encourage the proper care and maintenance of all properties and buildings as a means of
upgrading the general appearance of the Village, and require that all properties are
maintained in accordance with the municipality's unsightly premises bylaw.
2. Consider a Tree Bylaw to regulate the protection, preservation and conservation of trees,
including their physical, societal, economic, aesthetic and environmental characteristics
and services.
3. Explore funding opportunities and undertake a program for improvement of the Village's
image, with landscaping being a major component of that program and the corridor
between the international border crossing and Florence St. (Dominion St - Fifth Ave)
being considered a priority. This may include participation in the "Communities in
Bloom" program.
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4. Council to consider the acquisition of land for a rest area for highway travellers along
Highway 3. Financial aid for this endeavour will be sought from the appropriate Provincial
authorities.
5. Support rehabilitation and preservation of Heritage buildings and structures, such as the
Carriage Shed and Midway Hotel, as valuable social and economic resources.
6. The CPR station buildings are considered to be valuable heritage structures, and the
Village may operate these as a historical park, museum, hostel, and tourist information
centre.
7. Improve local amenities, such as the new spray park, paved airport runway, and planned
Riverside campground expansion, for the benefit of residents and visitors, and also as a
means of attracting new residents and businesses.
8. Consider a sign bylaw to regulate the number, size, location and form of signs within the
Village to ensure good wayfinding and organized visual appearance along roadways that
direct tourists into the Village.
3.2 Housing
3.2.1 Housing Objective
Housing of a variety of types, tenure, and levels of affordability is available for all citizens.
3.2.2 Servicing Policy
New lots created for housing shall be fully serviced.
3.2.3 Residential Categories and Standards Policies
General Residential Policies
1. The Plan provides that a wide range of housing choices is available to Village residents of
all ages and abilities.
2. Encourage development of a wide range of housing types including small homes on small
lots, retiree housing, secondary dwellings on large lots, secondary suites, carriage
houses, and garden suites.
3. Encourage diverse types of housing tenure including co-operatives and co-housing.
4. Home-based businesses are supported in single family residential areas, provided they
do not adversely impact neighbouring properties.
5. Encourage the construction of additional rental accommodation in the Village.
6. Ensure a ten-year supply of residential land outside of the Agricultural Land Reserve to
satisfy projected demand and offer sufficient choices of housing options.
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Rural Residential Policies
7. Areas with larger parcels which, because of various constraints to development, are not
suitable at this time for Village Residential subdivision are designated as Rural Residential
on the Land Use Map.
8. Areas zoned within the implementing bylaw for rural residential use shall be subject to a
minimum parcel area requirement of 2000 m2 if community sewer and/or water services
are available to the parcel and 1 hectare if community sewer and/or water services are
not available.
Village Residential Policies
9. Areas considered at this time to be suitable for single unit residential purposes are
designated as Village Residential on the Land Use Map.
10. In areas designated as Village Residential on the Land Use Map, only one dwelling unit
per parcel shall be permitted outright in the implementing bylaws.
11. Development of parcels of less than 2000 m2 require full community sewer and water
servicing; parcels greater than 2,0000 m2 but less than 1 (one) hectare (10,000 m2)
require community water; parcels of 1 (one) hectare ( 10,000 m2) or greater in size
where no community sewer or water services are available, may be developed upon
approval from Council.
12. Notwithstanding Subsections 9 and 10 above, Council may consider designating land
within the Village Residential designation for duplex use on a site-specific basis, by way of
rezoning without amendment to this plan, subject to the following:
a. consideration of the uses prevailing on neighbouring properties;
b. the need for rental accommodation in the village;
c. the ability of the Village to adequately service the proposed development;
d. community sewer and water services being available to the subject property; and
e. any external effects which the proposed duplex may have.
13. Notwithstanding Subsection 12 above, upon receipt of a written request, Council may
consider permitting, by way of rezoning, the subdivision of the parcel upon which a
duplex is located into two lots subject to the following criteria:
a. the availability of, and demand for, rental housing units in the Village;
b. the new interior lot line must be coincidental with a vertical common party wall;
and
c. the conformity of the existing building with the B.C. Building Code, this to be
ascertained by the Building Inspector.
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Multi-unit Residential Policies
14. Areas considered at this time to be suitable for multi-unit residential purposes are
designated as Multiple Family Residential and Florence Street District on the Land Use
Map.
15. Multi-unit residential uses may be considered, by way of rezoning, throughout the Plan
area, without amendment to this Plan subject to:
a. review of a traffic impact study to be prepared at the expense of the proponent;
b. review of the visual compatibility of the proposed use;
c. the availability of both community sewer and water services;
d. the compatibility of the proposal with surrounding land uses; and
e. the proposed form of tenure (i.e. strata units or rental units) and the Village's need
for rental accommodation.
16. Upon receipt of a written request, approval of a Form T conversion (into strata lots) for
existing duplexes and multiple family dwellings pursuant to Section 242 of the Strata
Property Act, may be considered in accordance with the following:
a. the availability of, and demand for, rental housing units in the Village; and
b. the conformity of the existing building with the B.C. Building Code, this to be
ascertained by the Building Inspector.
Aging-in-Place and Senior's Housing Policies
17. Support 'aging-in-place' retrofits of homes with wheelchair ramps and accessible
washrooms through relaxed zoning bylaw setback requirements.
18. Support 'aging-in-place' accessory dwelling units in the form of secondary suites, coach
house suites, and garden suites in appropriate locations in the community. Amend the
Zoning Bylaw to permit these accessory uses and clarify appropriate zone districts,
building locations, setbacks, and heights.
19. Encourage senior's housing development that may include, for example, independent
living, assisted living, independent/supportive and residential care type facilities.
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Figure 2 Parkview Manor
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3.2.4 Mobile & Manufactured Homes Objective
Provide for mobile homes in two specially designated areas.
3.2.5 Mobile & Manufactured Homes Policies
1. Areas considered to be suitable for the exclusive use of mobile homes are designated as
Mobile Home Park on the Land Use Map.
2. Areas zoned for mobile home park use in the implementing bylaw are subject to the
provisions of Village of Midway Mobile Home Park Bylaw No. 52 as amended, or any
successor thereto.
3. Areas considered to be suitable for the use of both conventional homes and mobile
homes are designated as Mobile Home Subdivision on the Land Use Map.
4. Single and double-wide mobile or manufactured homes (certified under the CSA A277 -
Z240 series and CSA A277 - modular series), constructed prior to June 1, 1989 shall not
be permitted in areas not specifically designated for that use, or in new Village
Residential subdivisions.
5. Areas suitable for single and double-wide mobile or manufactured homes and
conventional single-detached dwellings are designated as Mobile Home Subdivision on
the Land Use Map (Schedule 'B').
6. Areas zoned in the implementing bylaw for mobile home subdivision use are subject to a
minimum parcel size of 400 m2 for a mobile home and 500 m2 for a single-detached
dwelling if both community water and sewer services are available and 1 hectare if
community sewer and/or water services are not available.
3.2.6 Affordable and Special Needs Housing Objective
The Village will facilitate and encourage building an adequate supply of affordable and special
needs housing.
3.2.7 Affordable and Special Needs Housing Policies
1. Affordable housing can be provided by the private, non-profit, co-operative, and public
sectors separately or through partnership models.
2. Affordable housing includes a variety of tenure models including ownership, rental, co-
housing, and cooperative.
3. Encourage and support special needs housing, including homes specially designed or
adapted for those with particular physical or social needs, such as those of the elderly or
disabled, or with specialist staffing support to address mental health.
4. Encourage and support an expansion of Parkview Manor to accommodate all levels of
housing including full time care units and complex care units as needed.
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5. Recognize a requirement (and a potential obligation) of any community to accept a
community care facility as defined in the Community Care and Assisted Living Act, which
includes a facility serving any age group, including a seniors' assisted living facility.
3.2.8 Short Term Vacation Rental Policies
1. Support for short term rental of rooms for a duration of no more than 30 days in
principal residence subject to business licenses.
2. Purpose-built short-term vacation rental facilities are considered a commercial use as
defined and regulated by the Zoning Bylaw.
3. Bed and Breakfast facilities are supported in all residences in accordance with the Zoning
Bylaw.
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3.3 Commercial
3.3.1 Commercial Objective
Minimize the time-distance movement of population between areas of residence and
business/shopping areas.
3.3.2 Commercial Policies
1. Areas considered at this time to be suitable for commercial purposes are either
designated as Commercial or Highway Commercial on the Land Use Map.
2. For areas zoned for various commercial uses in the implementing bylaw, the minimum
parcel area requirement is 230 m2 if both community water and sewer services are
available, 2000 m2 if only community water or community sewer are available and 1
hectare where neither community water or sewer are available.
3. Council may consider permitting Commercial development proposals on lands that are
located in close proximity to areas designated for Commercial use under this Plan by way
of rezoning, subject to consideration of the following criteria:
a. submission of a report prepared by the proponent demonstrating that the site for
which rezoning is requested is the most suitable location for the proposed use;
b. consideration of the effects of the proposed commercial use on the neighbouring
properties;
c. a review of the ability of the sewer and water systems to service the proposed
development;
d. consideration of the effect of the proposed development and zoning on the traffic
patterns in the area; and
e. consideration of the effect of the proposed rezoning on the areas already designated
as commercial on the Land Use Map, and whether such rezoning would impair the
viability of these existing commercial areas.
4. Commercial and institutional development shall remain concentrated where such
activities are currently located in order to maintain a pedestrian-oriented, compact
community.
5. Sufficient land should be designated to accommodate the expected growth in
commercial activities. To enhance the commercial centre of Midway, lands along the
Florence Street corridor between Ninth Avenue and Fifth Avenue are designated as the
Florence Street District in order to encourage redevelopment for commercial and mixed
commercial/residential land uses. This may be done by way of rezoning without
amendment to this Plan.
6. An aggressive promotional strategy, aimed largely at highway travellers, should be
adopted as a means of increasing the viability of local commercial enterprises.
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7. The Village should continue to participate in the Regional District Economic Development
Program, subject to review on an annual basis, as a means of supporting new and
existing businesses.
8. Notwithstanding Article 2 above, within commercially-designated areas, existing single-
unit dwellings and permitted secondary dwellings, which were legally constructed shall
be recognized in the implementing zoning bylaw as legal and conforming land uses.
9. Cannabis retail sales may be considered on a case-by case basis in accordance with
Council policy.
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3.4 Industrial
3.4.1 Industrial Objective
Support the industries which are currently within the Village and to encourage diversification of
this industrial base wherever possible.
3.4.2 Industrial Policies
1. Areas suitable for industrial purposes are identified as Industrial on the Land Use Map.
Heavy industrial uses such as wood and fibre mills are limited to areas with immediate
access to Highway 3 and separated from residential areas. Light industrial uses such as
manufacturing and assembly are appropriate in areas near Highway 3 and in close
proximity to the settled area of the Village.
2. Council will continue to maintain a dialogue with the various government agencies with
respect to resource issues that affect the economy of the community.
3. The highest priority in budget allocations is the enhancement of the long-term economic
viability of the Village.
4. An available stock of land for light industrial use should be maintained in order to
diversify the Village's economic base.
Figure 3 Vaagen Fiber Canada mill
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PART 4 |
COMMUNITY HEALTH & WELLNESS
The policy foundation for a community that fosters citizen health and wellness includes clean and
safe water and sanitary sewer infrastructure, comprehensive roadway and mobility systems,
productive agriculture, economic prosperity, and quality of life elements of social cohesion,
recreational opportunities, strong institutions, and respect and preservation of local heritage.
4.1 Municipal Services
4.1.1 Municipal Service Objective
Attain a form of development which ensures the safety of residents and visitors, and to which
services can be provided economically.
4.1.2 Municipal Services Policies
1. Areas serviced by the Municipal Water and Sewer systems are identified on Schedules D
and E. The location of sewer and water infrastructure is identified on these maps. In
addition, properties which are serviceable or presently serviced are identified on the
map. Permitted densities within the Village shall reflect the level of service available to
each lot.
2. Potential extensions to the service areas, as indicated on Schedules D and E, which may
be contemplated under different circumstances is reviewed by Council having regard for
the following:
a. the need for development of additional lands in the particular land use category;
b. the maintenance and operational costs of the proposed service extension; and
c. such other factors as may be considered to be of relevance by Council.
3. Service extensions to areas not identified as possible service area expansions on
Schedule D or E shall not be permitted without the prior amendment of this Plan.
4. Urban development should take place within the serviced portions of the Village,
maximizing the efficiency of services (e.g. schools, recreational areas, sewer and water).
5. Proposed Village Residential subdivisions shall not be permitted unless Council believes it
to be economical to service them with both municipal water and sewer. The cost of any
such extensions and any required system upgrades shall be paid for by the developer.
6. Areas designated as Agricultural or Rural Residential on Schedule B - Land Use Map - shall
not be provided with both municipal water and sewer services unless the Water and
Sewer System maps (Schedules D and E) identify them as "possible future service area
expansion." Any lands so identified shall not be used as a precedent in requests for the
servicing of any other lands in the Agricultural or Rural Residential designations.
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7. Ground sewage disposal and private wells shall be located in conformity with
requirements of the Ministry of Health.
8. Support the solid waste management services of trash collection and curbside recycling
and green bin program of the RDKB.
9. Developers are required to provide services (roads, drainage, sewer, water and other
such works) to a standard as required by the Village of Midway. Council may consider
adopting a Development Cost Charge bylaw in order to address this issue.
10. Existing vacant rights-of-way may be sold to private interests if Council has determined
that they will not be required for future road or utility development. When such areas
are subdivided, consideration shall be given to maintaining pedestrian walkways.
11. Support the provision of effective, efficient and economical emergency services.
12. Support the development and maintenance of a comprehensive well protection plan
with respect to the municipal water system.
13. Support inclusion in the RDKB Animal Control Service.
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4.2 Agriculture
4.2.1 Agricultural Land Reserve
A significant proportion of the lands within the boundaries of the Village are in the Agricultural
Land Reserve, and some of these are being actively farmed. It is a goal of this Plan to support
agricultural activities within the Agricultural designation in the Village, while recognizing that there
are sometimes other competing uses for some ALR lands which are justifiable.
4.2.2 Agriculture Objectives
1. Reserve lands within the ALR for agricultural and related uses.
2. Minimize conflicts between farm and non-farm uses.
3. Support and promote the economic viability of the agriculture sector.
4.2.3 Agriculture Policies
1. Notwithstanding any other provisions of this bylaw, all lands within the Agricultural Land
Reserve (ALR) are subject to the Agricultural Land Commission Act (ALCA), the
Agricultural Land Reserve Use, Subdivision and Procedure Regulation (the Regulation),
and any Orders of the Agricultural Land Commission (ALC). The ALCA and Regulations
generally prohibit or restrict non-farm use and subdivision of ALR lands, unless otherwise
permitted or exempted.
2. Permit a full range of agricultural and complementary uses in the ALR and encourage
value added activities that can improve farm viability.
3. Encourage use of off-channel watering for livestock.
4. Encourage use of Environmental Farm Plan program
5. Require generous setbacks and buffers when developing lands adjacent to the ALR to
prevent conflicts and encroachment.
6. Recognize and protect the needs and activities of farm operations when considering
adjacent and nearby land uses.
7. Plan for uses that are compatible with agriculture along the ALR boundary.
8. Preserve contiguous areas of agricultural land and avoid severance by transportation and
utility corridors.
9. Encourage partnerships with the agriculture community, senior governments and private
enterprise to promote the development of the agriculture sector.
10. A minimum parcel size of 10 ha applies to land that is designated/zoned Agriculture (or
other designation that permits agriculture) and is in an ALR designation under the
Agricultural Land Commission Act (ALCA), unless the land is excluded from the ALR, the
land is approved for subdivision within the ALR, under the ALCA, or subdivision is
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permitted or exempted from approval under the ALCA, Agricultural Land Reserve Use,
Subdivision and Procedure Regulation, or Order of the Commission.
11. Support the objectives and actions of the Boundary Area Food and Agriculture Plan of
the Regional District of Kootenay Boundary (June 2018).
12. Recognize that farms qualify for protection under the Farm Practices Protection Act
(FPPA), and the farmer does not contravene local government bylaws related to animal
control, noise and nuisance if conducting a farm operation in accordance with normal
farm practices.
13. Encourage infilling of residential development in the townsite area, in order to promote
the efficient services and to minimize urban encroachment on agricultural land.
14. In the event that a need is identified for a non-agricultural land use for which no suitable
non-ALR location is available, Council may support a location within the ALR where it can
be established that the benefits to the community of the proposed use clearly outweigh
agricultural considerations.
15. Encourage the Ministry of Agriculture and Lands to enforce the Code of Practice for
Agricultural Environmental Management (AEM Code) on all ALR lands located within the
Village.
16. Based upon the recommendations of the provincially funded Village of Midway
Community Transition Study, it is the intent of Council to pursue a mixed residential,
industrial and airport use development on a portion of the airport lands, requiring
amendments to this plan. The support of the Agricultural Land Commission will be
sought as part of this endeavour.
4.2.4 Agricultural Land Commission Actions
Request of the Agricultural Land Commission: exclusions from the ALR include the
following parcels and properties. Full details on individual parcels and properties are in a
separate report entitled 'Village of Midway Official Community Plan Update: Agricultural
Land Reserve Exclusion Request & Rationale (2020)'.
Existing Development
a. Midway Manor
b. Public health and safety facilities: Ambulance Station, Fire/Road Rescue Hall, and
Municipal Office
c. Recreation facilities
i.
James McMynn Park
ii.
Curling rink, Ice Arena, Community Hall parking lot
d. Various Light Industrial parcels adjacent to Highway 3 and Murray Street
e. Village cemetery
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f. Developed residential parcels / enclaves: Twelfth Ave. / Adams Street / Division, Plan
A 1343, 3 lots at Beamish & Twelfth Ave.
g. Mobile home park on 13th Avenue
h. All road rights of ways within urbanized area that lie within the ALR
i. Blocks of residential and commercial development in centre of Village, comprising
Blocks 26 and 27, bounded by Ninth Ave., Florence St., Seventh Ave., and Eholt Street
j. Residence on Division Street adjacent to the Kettle River
Future Development
a. Midway Manor future expansion land (noteworthy because of overwhelming support
from citizens who participated in the community open house)
b. Village owned land reserved for future park expansion and affordable housing,
identified on Land Use Map as Recreational and Comprehensive Development and
comprise all or portions of Blocks 4, 11, 12 and 13
c. Vacant Industrial parcel on Twelfth Ave. north of the museum
d. Selected portion of airport lands for airport related economic development land uses
adjacent to Cleghorn and Hwy. 3
e. Three triangular shaped 'parcels' north and west of the airport runway to support
future industrial economic development
f. Selected portion of 'airport lands' for Cleghorn roadway realignment
Figure 4 Tree nursery along Hwy. 3
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4.3 Economic Prosperity
4.3.1 Economic Prosperity Objective
Support economic prosperity for all citizens.
4.3.2 Economic Prosperity Policies
1. Encourage and support home-based business by reviewing and possibly revising current
Zoning Bylaw provisions.
2. Support a diversity of economic opportunities.
3. Support an increase in the number of jobs.
4. Encourage an increase in the number of permanent, higher paying jobs.
5. Encourage growth that improves overall quality of life.
6. Dividends earned for Midway's share of the West Boundary Community Forest shall be
used in accordance with the CF Reserve Bylaw and for tangible projects that benefit the
entire community.
4.4 Quality of Life
4.4.1 Social Well-being Objective
Social well-being is promoted for all ages through partnerships and information sharing with
community service groups.
4.4.2 Cultural Development Objective
Continue to financially support art, music, and theatre through community grants
4.4.3 Recreational Land Uses and Outdoor Spaces Objective
Promote the use of land designated as "Recreational Land Use and Outdoor Spaces" on the Land
Use Map (Schedule 'B') for park and recreational facility use and development for all ages.
-
Need more washrooms, benches, tables on trails
--citizen
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4.4.4 Recreational Policies
1. Council promotes those areas of land designated as 'Recreational' on the Land Use Map
(Schedule 'B') for park and recreational facility use and development.
2. Lands zoned for recreational and parks use in the implementing bylaw shall not be
subject to a minimum parcel area requirement.
3. Considering the need for recreational land in the community, approval of proposed
subdivisions meeting the requirements of Section 510 of the Local Government Act are
subject to a dedication of 5% of the total lot area for parks and recreation purposes, or
an amount of cash in lieu of land which is acceptable to Council. Any land dedicated as
park must be conveyed in a physical condition satisfactory to the Village.
4. Support the recreational potential of the Kettle River, including camping and picnicking
facilities.
5. Collaborate in developing and implementing the Trails Master Plan for the Boundary.
6. Seek the cooperation of all Boundary area residents and local governments in upgrading
and expanding recreational facilities which are located in Midway.
7. Support the continued use and improvements to the community's recreational facilities
and the expansion of Riverfront Park.
8. Considering the recreational and economic benefits that they provide to the community;
Council supports use of and improvements to:
a. the Trans Canada Trail / Kettle Valley Rail Trail;
b. the development of walking trails within the community; and
c. improvements to the museum.
9. Construct a fully accessible year-round public washroom in McMynn Park.
10. Create a Parks & Trails plan that addresses the layout of amenities for Village Parks,
particularly for James G. McMynn Park.
11. The following specific age-friendly design elements should be included for all public
gathering places:
a. benches;
b. hard surface, non-slip walkways;
c. clear signage that uses high contrast and large fonts; and
d. non-glare lighting.
12. Construct wheelchair accessible benches in the following locations:
a. Florence Street near Fifth and Seventh Avenues; and
b. additional locations within McMynn Park, ideally linked with future pathway network.
13. Construct hard surface pathways in McMynn Park connecting entrances, the Parkview
Manor, playground, benches, and the Community Hall.
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14. Seek funding and community participation in the design and construction of active
recreation facilities for seniors
15. Promote and support the Village's community garden.
4.4.5 Institutional Objective
Ensure that a sufficient area of land within the Village is reserved for the necessary institutional
purposes.
4.4.6 Institutional Policies
1. Areas considered at this time to be suitable for institutional purposes are identified as
Institutional on the Land Use Map.
2. Support on-going improvements to the appearance and maintenance of the cemetery.
3. Dialogue with the School District regarding potential alternative uses of surplus school
lands and buildings.
4. The Village of Midway will continue to incorporate energy efficient features into
municipal facilities and use environmentally friendly building materials where feasible.
4.4.7 Heritage Objectives
1. Encourage the protection of archaeological sites.
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2. Preserve the architectural heritage.
4.4.8 Heritage Policies
1. Residents are encouraged to report the discovery of archaeological materials to the
Archaeological Branch of the Provincial government. Residents are also encouraged to
avoid the disturbance of Indigenous cultural sites.
2. Support the preservation of heritage buildings.
Figure 5 Kettle River Museum
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PART 5 |
DEVELOPMENT PERMIT AREAS
5.1 Development Permit Areas
Building construction within all Development Permit areas will be reviewed by Council having
regard for the guidelines contained in this Section. Conditions and restrictions may be imposed
on the proposed development accordingly. A Development Permit must be approved by the
Council of the Village of Midway before a building permit can be obtained. All mandatory
Development Permit Areas are identified on Schedule 'C' (Development Permit Area Map)
attached to this Plan.
5.2 Highway Light Industrial / Commercial
5.2.1 Location
Area No. 1, as shown on Schedule C, is designated as a Mandatory Development Area pursuant to
the Local Government Act.
5.2.2 Justification
Development Permit Area No. 1 is located in a highly visible portion of the Village, being situated
along Southern Trans-Provincial Highway No. 3. In order to preserve the visual and aesthetic
integrity of this "gateway" to the Village, the form and character of any buildings constructed in
these areas should be subject to the following guidelines.
5.2.3 Guidelines
1. The exterior design and finish of buildings should be safe and attractive, and should
reflect the heritage motif of historic buildings located in the community.
2. The area surrounding the building(s) shall be landscaped in order to enhance the visual
integrity of the site; landscaping plans shall be reviewed by Council prior to approval.
3. Off-street parking and loading spaces located on lands fronting on Hwy. 3 should be
screened by landscaping (trees or shrubbery) from Hwy. 3.
4. Off-street parking and loading spaces should be paved with an all-weather hard surface,
and should be designed to promote safety and ease of traffic circulation on and in the
vicinity of the site.
5. Signs should be designed and located in a fashion which is compatible with the site.
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6. The site should be adequately lit with sufficient power to make the manoeuvring of
vehicles and pedestrians in the parking area safe.
7. Any on-site lighting shall not be disruptive to the adjacent parcels of land, including
Highway 3.
5.2.4 Security / Guarantee
A Development Permit may be issued on the condition that the applicant has provided the Village
of Midway with a security in the form of an Irrevocable Letter of Credit, or such other form as may
be approved by Council, for a fixed period to guarantee that the conditions contained in the
Development Permit are satisfied. The amount of the security shall be set by Council, and be
based on the estimated cost of the landscaping/screening and parking/lighting as proposed.
Should a permittee fail to fulfil the obligations required by a Development Permit, the Village of
Midway may undertake and complete the works required by the Development Permit at the cost
of the permittee, and may apply the Security in payment of the cost of the work, with any excess
to be refunded to the permittee.
Should there be no default as described above, the Security provided under this subsection shall
be returned to the permittee together with any earned interest (if applicable).
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PART 6 |
LAND USE MAP
6.1 Interpretation
The Land Use Map (Schedule 'B') indicates general locations and distributions of major land use
designations in the Village.
6.2 Explanation of Designations
1. Village Residential is for low to medium density in the form of single unit detached,
duplex, and triplex dwellings.
2. Mobile Home Subdivision serves to accommodate single-wide mobile homes and
conventional single-unit dwellings on individual lots.
3. Mobile Home Park: is for single and double-wide mobile homes on individual pads or
spaces.
4. Rural Residential is for low density residential with single-unit dwellings.
5. Multi-unit Residential is for multiple-unit residential attached buildings containing four or
more dwelling units.
6. Commercial is for retail and wholesale outlets, offices, services, hotels, motels, short
term vacation rentals, restaurants and other such general commercial or highway
commercial uses. Residential uses are permitted in conjunction with the above uses
throughout the commercial area.
7. Highway Commercial is for commercial activities catering to the travelling public (e.g.
service stations, motels). Agricultural uses are not an allowable interim use of such lands,
as its operation would not jeopardize the ultimate highway commercial use. Limited light
industrial uses (e.g. farm machinery service, mobile home service) may also be permitted.
8. Florence Street District is for a wide range of land uses in the Village core, including
commercial, multi-unit residential, and comprehensive planned development.
9. Comprehensive Development provides beneficial opportunities for future affordable
residential, recreational, and institutional development in a comprehensive and unified
planned manner.
10. Institutional provides accommodation for senior citizens, medical, governmental, judicial,
religious, educational as well as community buildings and cemeteries.
11. Public Safety provides land for critical public safety institutions such as the Fire/Road
Rescue Hall, Ambulance Station, Village Office, and RCMP detachment.
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12. Heavy Industrial is for manufacturing, storage, disposal and extraction industries. These
uses are sufficiently segregated from residential development such that their manner of
operation, and associated sounds and smells, should not adversely affect the quality of
life in the Village.
13. Light Industrial is for industries (including light manufacturing, repair and storage) whose
appearance and manner of operation are adequately screened from adjacent urban
uses. Also, commercial activities catering to the travelling public (e.g. service stations,
motels and restaurants) are permitted uses. Agriculture is an allowable interim use of
such lands, as its operation would not jeopardize the ultimate light industrial use.
14. Recreational is for facilities and grounds for both active and passive recreation, including
playgrounds, tennis courts, sports fields, schools, RV Park, school related facilities, ice
rinks and promenades.
15. Agricultural is for farming and ranching. Intensive agricultural uses are permitted; their
effects on other land uses will be managed with setbacks and lot coverages as per the
Ministry of Agriculture publication "Guide for Bylaw Development in Farming Areas",
encouraging the use of "normal farm practices" as per the Farm Practices (Right to Farm)
Act and by encouraging the ministry of Environment to ensure that wastes are managed
as per the Code of Agricultural Practice for Waste Management in the Agricultural Waste
Control Regulation of the Environmental Management Act. Other, "interim", uses (e.g.
gravel pits, sawmills, guest ranches, dog kennels, etc.) which would not jeopardize the
ultimate use of the land for agriculture may be permitted, subject to the joint approval of
Council and the B.C. Agricultural Land Commission where necessary. Subdivision of lots
less than two acres and between Thirteenth Avenue and Highway 3A will be considered
by Council only after an adequate, proven water supply is available. This designation may
be expanded within implementing bylaws to include Rural residential uses on smaller
parcels.
16. Transportation corridor is for uses associated with transportation.
17. Major road/proposed major road indicate roads that are, or will be used for long,
medium and short distance trips, and will carry relatively high volumes of traffic,
compared to local roads.
18. Airstrip is exclusively for a runway for airplanes
19. Airport Development is for airport-related structures such as hangars, service centres,
aircraft fuel sales outlets.
20. Open Space identifies areas, which by reason of excessive slope, high elevation, type of
surface or difficult access, are deemed unsuitable for development. Non-urban uses (e.g.
grazing, recreation or rural subdivision) may be permitted in such areas.
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6.3 OCP Land Use Designations and Implementing Zone Districts
Table 1 OCP Plan Land Use Designations and Implementing Zone Districts
Official Community Plan
Designation
Zoning Bylaw
Districts that implement OCP
Designation
Symbol
Multi-unit Residential
Multiple Family Residential
R-3
Village Residential
Residential 1
R-1
Residential 2
R-2
Multiple Family Residential 3
R-3
Mobile Home Subdivision
Manufactured Home Subdivision 4
R-4
Mobile Home Park
Manufactured Home Park Zone
MHP
Rural Residential
Rural Residential 1
RUR 1
Commercial
General Commercial 1
C-1
Highway Commercial
Highway Commercial 2
C-2
Recreational
Parks, Recreational and School (place schools
under revised CF zone)
PR1
Florence Street District
General Commercial
Multiple Family Residential
Village Residential
Comprehensive Development
C-1
R-3
R-2
CD
Institutional
Community Facilities (proposed change, include
schools)
CF
Public Safety (new)
Public Safety (new zone)
To be
determined
Light Industrial
Light Industrial 1
I-1
Heavy Industrial
Heavy Industrial 2
I-2
Comprehensive Development
Comprehensive Development (future)
CD
Agricultural
Agriculture Resource 2
AGR 2
Open Space
Open Space 3
OS 3
Airstrip
Airstrip 1
A-1
Airstrip Development 2
A-2
All designations
All zones allow parks, playgrounds, utility uses,
recycling transfer stations, accessory buildings
All zones
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PART 7 |
IMPLEMENTATION OF THE PLAN
The purpose of this section is to indicate the means available to implement the policies and
achieve the objectives and goals contained in the Official Community Plan. Actions of the public
and private sector development and all municipal bylaws in conformity with the Plan are deemed
to implement it.
In accordance with the Local Government Act, an Advisory Planning Commission may be
established by Council and one of its functions will be to periodically review the Plan and make
recommendations regarding implementing bylaws, corporate actions, and amendments to the
Plan.
7.1 Interpretation
Once adopted, deviations from the policies advanced in the Plan or deviations from the Land Use
Map (Schedule 'B') will require an Official Plan Amendment, including a public hearing.
In order to provide for flexibility in the interpretation of the Land Use Map, mapped land use
boundaries may be considered approximate only, and minor variations may be permitted without
an Official Plan Amendment, provided the general intent of the Plan is preserved.
7.2 Zoning and Subdivision Control
1. The existing zoning and subdivision bylaws for the Village of Midway shall be reviewed
and may require redrafting in order to conform with the policies of this Plan. Subsequent
applications for amendment to the implementing bylaws will similarly be reviewed in
light of this Plan and shall only be approved if in conformity therewith.
2. The minimum parcel sizes referred to in this Plan apply only to subdivision proposals
presented after this Plan is approved. In the implementing bylaws, existing undersized
parcels are recognized and may be occupied or developed in accordance with the
respective land use designation in which they are located and are in conformity with the
regulations of the implementing bylaws.
7.3 Development Cost Charge Bylaw
In order to ensure that new subdivisions do not result in a tax burden for the Village, a
development cost charge bylaw may be adopted in order to provide funds to pay the capital costs
of various municipal works and services as outlined in Section 559 of the Local Government Act.
7.4 Minimum Maintenance Standards / Unsightly Premises Bylaw
Council intends to carry out measures, such as landscaping, to improve the appearance of Village
owned structures, streets and other properties; however, such actions may be ineffective if private
properties and structures are unsightly. To ensure that Council's attempts are not undermined,
consideration should be given to establishing minimum maintenance standards. Sections 8(3) and
64 of the Community Charter empowers Council, by bylaw, to regulate nuisances, including the
unsightly conditions of property.
7.5 Miscellaneous Bylaws
In order to ensure that development within the Village of Midway is consistent with the objectives
of this Community Plan, Council may enact a bylaw or bylaws respecting: parking, works and
services, drainage, signs and screening as provided for in the Local Government Act.
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7.6 Capital Budget
The policies of the Official Plan will form a basis for Council to formulate and adopt a five-year
capital budget. The highest priority in budget allocations shall be given to projects which will
enhance the long-term economic viability of the Village.
7.7 Agricultural Land Commission
Property adjacent to the existing built-up area is almost exclusively within the Agricultural Land
Reserve. Cooperation must be sought from the Agricultural Land Commission (the administrator
of the reserve) that those lands which are necessary to ensure the Village's economic viability will
be maintained.
7.8 Public Involvement
Successful implementation of the policies of the Plan will be dependent upon public participation
and support. In recognition of this, Council shall endeavour to maximize public participation in
civic affairs. Council shall hold an annual general meeting, in the "old town hall" tradition, with an
open agenda where all residents are invited to raise issues, express views and voice complaints. In
this manner, as the planning process continues and the Plan is implemented and updated, the
views of the residents will be considered in determining the direction of development.
PLEASE CONTACT THE VILLAGE OFFICE FOR PLAN SCHEDULED MAPS