Development Application Procedures Bylaw 4844 (Consolidated)
Oak Bay, British Columbia
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Development Application Procedures Bylaw No. 4844, 2023
Consolidated for Convenience Only
This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all
interpretations and application of the bylaws of this subject.
Consolidated up to April 13, 2026 to include Bylaws:
4858
Adopted Mar. 25, 2024
4870
Adopted Nov. 10, 2025
4950
Adopted Apr. 13, 2026
1
THE CORPORATION OF THE DISTRICT OF OAK BAY
BYLAW NO. 4844
DEVELOPMENT APPLICATION PROCEDURES BYLAW
A BY-LAW TO ESTABLISH DEVELOPMEMT APPLICATION PROCEDURES AND
DEVELOPMENT APPROVAL INFORMATION REQUIREMENTS
WITHIN THE DISTRICT OF OAK BAY
The Municipal Council of the District of Oak Bay in an open meeting assembled enacts as follows:
1.
DEFINITIONS
The definitions in the Local Government Act RSBC 2015, c 1, Community Charter and District of
Oak Bay Zoning Bylaw, as amended from time to time, are applicable to this bylaw, except those
listed below:
"Applicant" means a person or entity that applies for an Application in relation to a matter
outlined in Section 3.
"Application" means a request for an amendment to a District bylaw, for an issuance of a land
use permit, or for other development approval or agreement submitted by an Applicant in relation
to any matter outlined in Section 3.
"Commission" means an advisory commission established by Council bylaw and incudes the
Advisory Planning Commission, Advisory Design Panel and Heritage Advisory
Commission.
"Director" means the Director of Community Building and Planning Services for the District or
their designate.
"District" means the Corporation of the District of Oak Bay.
"Official Community Plan" or "OCP" means the Official Community Plan attached to the District
of Oak Bay Official Community Plan Bylaw No. 4620 (2014).
"Owner" means, in respect of real property, all registered owners of a Site, as verified through a
recent Land Title Office search, and includes an agent authorized by the Owner in writing.
Planning, Building and Development Fees and Charges Bylaw" means Planning, Building and
Development Fees and Charges Bylaw No. 4845, 2023
"Qualified Professional" means the following professionals with experience relevant to the
applicable matter, as determined by the Director: a professional engineer, geoscientist,
2
architect, landscape architect, biologist, planner or other professional licensed to practice in
British Columbia, including a "qualified environmental professional" as defined in the Riparian
Areas Protection Regulation, BC Reg 178/2019.
"Site" means an area of land consisting of one or more registered lot(s) subject to an
Application.
"Uplands Siting and Design Approval" means an application for siting and design approval
under the Uplands Regulations Bylaw No. 3545.
"Zoning Bylaw" means District of Oak Bay Zoning Bylaw No. 3531.
2.
INTERPRETATION
a) Any enactment referred to in this bylaw is a reference to an enactment of:
i) the Council of the District, or
ii) British Columbia
as amended, revised, consolidated or replaced from time to time.
b) If any section, subsection, sentence, clause, definition, phrase of this bylaw is for any
reason held to be invalid by the decision of any Court of competent jurisdiction, the
invalid provision must be severed from this bylaw with the remainder of the bylaw left
valid and enforceable.
c) This Bylaw is not intended to conflict with any provision of the Local Government Act
relating to any application or to fetter any statutory authority of the District.
3.
SCOPE
This bylaw applies to an Application:
a) for:
i) an amendment to the Official Community Plan;
ii) an amendment to the Zoning Bylaw;
b) for the issuance of:
i) a Development Permit;
ii) a Development Permit with Variances;
iii) a Development Variance Permit;
iv) a Heritage Alteration Permit;
v) an Uplands Siting and Design Approval;
vi) a Temporary Use Permit;
(**Bylaw 4950, Apr. 13, 2026)
c) for:
i) a Phased Development Agreement;
ii) an Heritage Revitalization Agreement; and
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iii) a modification or discharge of a Covenant or other Charge registered under the Land
Title Act in favour of the District.
4.
APPLICATION PROCEDURES & REQUIREMENTS
4.1
General Procedures for all Applications
a) Procedures under which an Owner may apply for an amendment to the Official
Community Plan or the Zoning Bylaw, or both, are set out in Schedule A.
b) Procedures under which an Owner may apply for a Heritage Revitalization Agreement
or Phased Development Agreement are set out in Schedule B.
c) Procedures under which an Owner may apply for a Development Permit, Development
Permit with Variances or Uplands Siting and Design Approval are set out in Schedule
C.
d) Procedures under which an Owner may apply for a Heritage Alteration Permit are set
out in Schedule D.
e) Procedures under which an Owner may apply for a Development Variance Permit are
set out in Schedule E.
f) Procedures under which an Owner may apply for a Temporary Use Permit are set
out in Schedule H.
(**Bylaw 4950, Apr. 13, 2026)
g) Applications for other approvals and agreements related to development shall be made
to the Director, and provide information reasonably required by the Director to process
such applications in compliance with statutory requirements and, where necessary, seek
Council's approval.
4.2
General Requirements for all Applications
In addition to Application requirements and procedures found in Schedules A, B, C, D, E
and H of this bylaw, which are incorporated into and form part of this Bylaw, the following
are required for all Applications:
(**Bylaw 4950, Apr. 13, 2026)
a) An Application shall be made to the Director and shall be executed in writing by the
Owner(s) of the Site that is the subject to the Application.
b) If there is a change of ownership of a Site that is the subject to an existing Application,
the Applicant must promptly provide an updated title certificate and written authorization
from the new Owner, and the Director may delay proceeding further with the
Application until this information and authorization is provided.
c) An Application shall:
i)
be submitted to the Director in the form prescribed by the Director, which
shall be made available on the District's website, and
4
ii)
include all information required by the form and the Director pursuant to this
Bylaw; and
iii)
be accompanied by all relevant fees (e.g. application, legal, public hearing,
etc.), as outlined in the Planning, Building and Development Fees and
Charges Bylaw, made payable to the District.
5
4.3
Incomplete and Renewed Applications
a) If an incomplete Application is submitted, the Application shall not be considered to be
accepted until the Director advises it will be processed. If the Director refuses to
process an Application, the Director will inform the Applicant, verbally or in writing,
what is required for the Application to be considered complete.
b) An Application that has been substantially inactive or incomplete for a period of 180
days, as determined by the Director, will be considered as abandoned, such
Application will be closed following 30 days written notice. The Director may consider a
written request from the Applicant for extension of the time frames imposed by this
section provided such request is made before the Application is closed.
c) If an Application has been closed, the Applicant must, even if the new Application is
substantially the same as the closed Application, begin the Application process again in
accordance with this Bylaw and submit a new complete Application and fees.
4.4
Re-application following Refusal
a) Where an Application that has been refused by Council or a delegated decision making
authority, re-application shall not be permitted for a period of six (6) months immediately
following the date of refusal, except as permitted pursuant to the provisions of the Local
Government Act.
b) A re-application is considered a new application and additional fees apply.
c) Revised Applications that are, in the opinion of the Director, significantly different from
an Application that has been refused can be accepted for consideration immediately as
a new Application subject to satisfying all the requirements of this Bylaw anew.
4.5
Applications Requiring a Professional
Where a development proposal indicates a building that meets one or more of the
following criteria, all building plans, elevations and floor plans must be completed by a
registered architect in good standing and licensed to practice in British Columbia, and
where and if applicable, other Qualified Professional(s) in good standing and licensed to
practice in British Columbia, subject to and in compliance with the Professional
Governance Act, SBC 2018, c. 47, Professional Governance Act Architects Regulation,
BC Reg. 33/2023 and all other applicable provincial legislation:
a) The building footprint exceeds 600m2 ;
b) The building height is four (4) or more storeys;
c) The building contains five (5) or more dwelling units, as defined in the
Building Code, the British Columbia Building Code established by the order
of the Minister of Municipal Affairs and Housing numbered BA 2018 1 and
dated July 16, 2018 ("Building Code");
d) A mixed-use building that has a gross area that exceeds 470 m2 and that
has one or more dwelling units as defined in the Building Code;
4844
6
e) A mixed-use building that has one or more dwelling units, as defined in the
Building Code, in combination with assembly occupancy, care occupation,
detention occupancy or treatment occupancy as all of those terms are
defined in the Building Code;
f) A hotel as defined in the Hotel Guest Registration Act, RSBC 1996, c. 205
that has a gross area that exceeds 470 m2;
g) The building is used for care occupancy and treatment occupancy or
detention occupancy, as all of those terms are defined in the Building Code;
h) The building is used for assembly occupancy, Group A, Divisions 1, 3, 4, as
defined in the Building Code except as permitted in Article 3.1.2.6 of
the Building Code;
i) The building is used for business and personal services occupancy,
mercantile occupancy or medium-hazard and low-hazard industrial
occupancy as all of those terms are defined in the Building Code if the
building has a gross area that exceeds 470m2;
j) The building is used for high-hazard occupancy as defined in the Building
Code; or
k) The building requires firewalls as provided for in the Building Code with a
common egress system for occupants.
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5.
PUBLIC NOTIFICATION & CONSULTATION
5.1
Public Notification by the District
a) In accordance with the Local Government Act, the distance specified for Notice from the
District is 50 metres from the legal boundaries of the Site subject to an Application.
b) The Director may be required to give additional notification by unanimous vote of the
Council present.
5.2
Applicant Public Information Meetings
5.2.1 Applicant Public Information Meeting Requirement
a) The Owner must hold a public information meeting prior to Council considering an
Application for an Official Community Plan amendment, Heritage Revitalization
Agreement or Phased Development Agreement in order to provide an additional
opportunity for the public to access information and to enquire about the Application.
b) The Director may require the Owner to hold a public information meeting prior to
Council considering an Application for a Zoning Bylaw amendment or Temporary Use
Permit in order to provide an additional opportunity for the public to access information
and to enquire about the Application.
(**Bylaw 4950, Apr. 13, 2026)
c) As additional notification for Temporary Use Permits:
i)
Notices for issuance of Temporary Use Permits shall be published in a
newspaper not less than 3 and not more than 14 days before the adoption
of the resolution to issue the permit.
(**Bylaw 4950, Apr. 13, 2026)
5.2.2. Applicant Public Information Meeting Standards
If a public information meeting is required, it is the Owner's responsibility to arrange and
conduct the meeting to the satisfaction of the District and principles of procedural fairness,
including according to the following standards:
a) Notice of the location, time and duration of a public information meeting shall be given in
accordance with the intent to provide a reasonable opportunity for the public to access
information and to enquire thoroughly about the proposal. Where possible, the meeting
should be held in the area most impacted by the proposal.
b) Prior to initial consideration of the Application by Council, the Applicant shall submit to
District staff a report summarizing the public information meeting and provide, at a
minimum, a general summary of the public information meeting outlining any discussions
and issues raised by those attending that includes responses to the following questions:
i) Where was the meeting held?
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ii) At what time and for what duration was the meeting held?
iii) How many people attended the meeting?
iv) How was the meeting advertised?
v) How were surrounding property owners notified of the meeting?
vi) What information was provided at the meeting?
7
5.3 Public Notification Sign by the Applicant.
a) The Applicant is required, at its own cost, to post a development notification sign in
accordance with the requirements and specifications identified in Schedule F for an
Application for an Official Community Plan amendment, Zoning Bylaw amendment,
Temporary Use Permit, Heritage Revitalization Agreement or Phased Development
Agreement.
(**Bylaw 4950, Apr. 13, 2026)
b) Failure to post a required development notification sign in accordance with this bylaw
and its Schedules may result in the postponement of consideration of the Application
by Council, and all costs incurred by the District for public notification as a result of such
postponement will be the responsibility of the Applicant.
5.4 Additional Referral Process
a) Council may at any time in any application process require that an Application be
referred to any Commission, internal staff or external agency for review, information
and comment that Council considers appropriate.
b) Such additional referral does not constrain Council in its decision-making process or
require it to await comments from the referred party.
6.
DELEGATION OF AUTHORITY
6.1
Pursuant to the Local Government Act, Council delegates to the Director the duties and
powers of Council as follows:
i)
To establish and revise Application forms applicable to this Bylaw;
ii)
To establish and revise the forms of permit applicable to this Bylaw (noting the forms
included in the Schedules are for convenience and may be updated without
amendment of this Bylaw);
iii)
To determine whether to waive, in consideration of the type and magnitude of the
Application:
a. the requirement for a Surveyors Certificate prepared by a BC Land Surveyor;
b. the level of detail required for Site Plans required with Applications;
iv)
To determine whether a Public Information Meeting is required as per Section 5.2.of
this Bylaw;
v)
To require Development Approval Information as per Section 7 of this Bylaw.
vi)
To determine whether to require additional information to be submitted with an
Application, in consideration of the type and magnitude of the Application;
vii)
To determine information requirements and procedures for other applications for
approvals or agreements, related to development, not explicitly outlined in this Bylaw.
8
viii)
To determine whether to refer an Application to any of the District's Commissions
for review, information and comment in accordance with the relevant Commission
Bylaw, or to promptly direct the Application to Council or its delegate without referral;
(**Bylaw 4950, Apr. 13, 2026)
ix)
To determine whether and what additional information may be required on the
Applicant's Public Notification Signage;
x)
To determine and provide Notice of First Reading in accordance with section 467 of
the Local Government Act, and to prepare a zoning amendment bylaw for
consideration by Council for Zoning Bylaw amendment applications that do not
require a Public Hearing;
xi)
To determine whether and when to give notice for Development Variance Permits,
subject to compliance with the Local Government Act.
xii)
To require security as a pre-condition or as a condition of the issuance of a
Development Permit, Uplands Siting and Design Approval or Heritage Alteration
Permit, noting the following guidelines:
a. For landscaping security, see Schedule G;
b. In addition to other security, the Director may require that the Applicant provide
security in an amount equal to 125% of the cost of work that the Director
reasonably considers may be required, in view of the scale and nature of the
development being authorized, the nature of the Site, and the cost to the District
of undertaking the work to correct an unsafe condition that could result from the
contravention of a condition of the permit, including the cost of repairing any
damage to land and improvements that may have been caused by the unsafe
condition or that may have occurred in connection with the repair work;
c. In addition to other security, the Director may require that the Applicant provide
security in an amount equal to 125% of the cost of work that the Director
reasonably considers may be required, in view of the scale and nature of the
development being authorized and the nature of the site, and the cost to the
District of restoring or enhancing the natural environment to compensate for and
correct damage to the environment that could result from the contravention of a
condition of the permit;
d. In addition to other security, for a Heritage Alteration Permit, the Director may
require additional security in an amount equal to 125% of a complete
construction cost estimate for the work proposed to be undertaken under the
HAP, in accordance with section 618 of the Local Government Act [to guarantee
the performance of the terms, requirements and conditions of the permit], from a
Qualified Professional.
e. When security is required, the Owner shall provide the security before
undertaking any activity authorized by the permit, and:
i. when required as a pre-condition to a permit, before the Director signs
and issues the permit; or
ii. when required as a condition of a permit, or incorporated into the terms of
the permit, before receiving a building permit (failure to do so being cause
to revoke such permit).
9
xiii)
For an OCP Amendment, to determine whether and what level of consultation is
required with the government agencies, First Nations and other bodies listed in
section 475(2)(b) of the Local Government Act.
xiv)
In order to avoid a permit lapsing, to approve or deny a written request for one
extension up to twelve (12) months to an issued Development Permit, Development
Variance Permit, Heritage Alteration Permit, or an Uplands Siting and Design
Approval provided no change in the issued permit is proposed and provided there
have been no material changes in the applicable guidelines. Any change to a permit
or further extension of a permit will require a new Application.
xv)
To approve or deny a written request for minor amendments (as considered by the
Director) to issued Development Permits, Heritage Alteration Permits or Uplands
Siting and Design Approvals.
xvi)
To issue a development variance permit if the proposed variance is minor, and for
this purpose.
Criteria
1. The criteria for determining whether a proposed variance is minor are as
follows:
(a) Setback:
Variances to the minimum setback from building(s) or structure(s) to a property
line, as set out in the Zoning Bylaw, where:
(i) For individual setbacks, the resulting setback remains greater than or
equal to 1.5 metres;
(ii) For total side lot line setbacks, the proposed variance is for less than
or equal to a 25% decrease; or,
(iii) The proposed variance is to accommodate an existing building or
structure where no change to the siting of the building or structure is
proposed.
(b) Roof Height and Building Height:
Variances to the maximum permitted height of buildings or structures, as set out in
the Zoning Bylaw, where:
(i) The proposed variance is for an increase of 10% or less in excess of
the allowed height; or,
(ii) The proposed variance is to accommodate an existing building or
structure where no change to the height of the building or structure is
proposed.
(c) Projections into the Required Setback:
Any proposed variance to the regulations for projections into a required setback as
set out in the Zoning Bylaw.
(d) Building Separation Regulation:
The proposed variance is for a reduction of not more than 10% of the building
separation requirement as set out in the Zoning Bylaw.
10
(e) Siting of Paved Surfaces:
The proposed variance allows an increase in the maximum permitted paved
surface area of 10% or less of the required paved surface area requirement as set
out in the Zoning Bylaw.
(f) Live landscaping requirement:
Variances to the required live landscaping requirement as set out in the Zoning
Bylaw where the variance is justified by a report from a Qualified Landscape
Architect demonstrating why the requirement cannot be met on the site, and:
(i) The proposed variance is for a reduction of 10% or less of the required
live landscaping coverage; or,
(ii) The proposed variance pertains to the configuration of the minimum
consolidated live landscaping area but does not vary the total area
required.
(g) Fence Height:
The proposed variance results in a fence height of no greater than 2.0 metres.
(h) Impermeable surface coverage:
The proposed variance is for an increase of 10% or less over the required
impermeable surface coverage maximum as set out in the Zoning Bylaw.
Guidelines
2. The Director must consider the following guidelines in deciding whether to issue
a development variance permit:
(a) If the proposed variance is consistent with the general purpose or intent of the
applicable bylaws and policies, including the Official Community Plan; and,
(b) If the proposed variance is necessary to address a physical or legal constraint
associated with the site (e.g., unusual parcel shape, topographical feature,
statutory right-of-way, etc.); or,
(c) If there is a community, environmental, or heritage protection benefit to the
larger community in granting the variance.
Decision by the Director
3. The Director, may, in their sole discretion, make any of the following decisions,
all of which must be communicated to the owner who applied for the development
variance permit (the "Applicant"):
(a) If the Director has determined that the application is a minor variance as set
out in Section 1 and has considered the guidelines in Section 2 above, issue the
development variance permit, and include any conditions the Director deems
appropriate;
(b) The Director may refer the application to Council for Council's consideration if
11
the Director determines that it would be in the public interest to do so ("Director
Referral");
(c) The Director may refuse to issue the development variance permit. If the
Director refuses to issue the development variance permit, the Director must
provide reasons in writing to the Applicant.
Director Referral and Reconsideration Process
4. If the Director opts for a Director Referral under Section 3(b) above, then the
Director will provide the Municipal Clerk with the original application within ten (10)
days of their decision to refer.
5. If the Director refuses to issue the development variance permit, under Section
3(c) above, then the Applicant may apply to have the decision reconsidered by
Council by applying in writing to the Municipal Clerk within ten (10) days after the
decision of the Director has been communicated in writing to the Applicant (the
"Reconsideration Application"). The Applicant must include the following
information in its Reconsideration Application:
(a) The development variance permit application as it appeared before the
Director;
(b) A copy of the reasons provided by the Director under Section 3(c) above;
(c) The reasons why the Applicant wishes Council to reconsider the decision; and,
(d) The new decision the Applicant requests Council to make, with brief reasons to
support the new decision.
6. When the Municipal Clerk receives either a Director Referral or Reconsideration
Application, the Municipal Clerk must:
(a) Schedule the item on the agenda of a regular meeting of Council in
accordance with Sections 8 and 9 below; and,
(b) Deliver to each Council member a copy of the information that was provided
under Sections 4 and 5 above.
7. For the Director Referral, the Applicant is not required to pay an additional fee
to have the item appear before Council.
8. For both the Director Referral and Reconsideration Application, waiver of notice
under Section 499(1.1) of the Local Government Act does not apply, and the
municipality is required to follow the notice requirements for development variance
permits as set out under Section 499.1 of the Local Government Act.
9. Council must hear the Director Referral or Reconsideration Application within
ten (10) weeks after the date of delivery to the Municipal Clerk.
(**Bylaw 4870, Nov. 10, 2025)
xvii)
To issue a Development Permit, with or without minor variances as defined by
Section 6.1 xvi), for the following:
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1. Development Permits in the Infill Residential Development Permit Area;
2. Development Permits in the Multi-Unit Residential or Commercial / Mixed-Use
Development Permit Areas for the repair or replacement of exterior features or
materials on an existing building or structure; and,
3. Development Permits in the Multi-Unit Residential or Commercial / Mixed-Use
Development Permit Areas for landscaping changes only.
(**Bylaw 4950, Apr. 13, 2026)
xviii)
To issue a Heritage Alteration Permit, with or without minor variances as defined
by Section 6.1 xvi), for the following:
1. Heritage Alteration Permits that do not involve changes to the footprint of an
existing building or structure;
2. Heritage Alteration Permits for landscaping changes only; and,
3. Heritage Alteration Permits for accessory buildings and structures
(**Bylaw 4950, Apr. 13, 2026)
xix)
For the delegated permit applications referred to in subsections xvii and xviii above, the
Director may, at their sole discretion, make any of the following decisions, all of which
must be communicated to the Applicant:
1. Issue the permit, and include any conditions the Director deems appropriate;
2. Refer the application to Council for Council's consideration if the Director deems it
would be in the public interest to do so; or
3. Refuse to issue the permit. If the Director refuses to issue the permit, the Director
must provide reasons in writing to the Applicant.
(**Bylaw 4950, Apr. 13, 2026)
xx)
If the Director opts to refer an application under subsections xvii or xviii above to
Council, the procedures set out in Section 6.1 subsection xvi) 4, 6, 7, 8 and 9 apply.
(**Bylaw 4950, Apr. 13, 2026)
xxi)
If the Director refuses to issue a permit under subsections xvii or xviii above, the
Applicant may apply to have the decision reconsidered by Council in accordance with
the procedures set out in Section 6.1 subsection xvi) 5, 6,7 8 and 9.
(**Bylaw 4950, Apr. 13, 2026)
6.2
Where this bylaw delegates a power, duty or function, the delegation is also to the
person who holds the deputy of that position when the Director is not available.
6.3
A person to whom a power, duty or function has been delegated has no authority to
further delegate to another person any power, duty or function that has been delegated
by this bylaw.
7.
AUTHORIZATION TO REQUIRE DEVELOPMENT APPROVAL INFORMATION
a) In accordance with the OCP that specifies circumstances or designates areas where
"development approval information" may be required, the Director is authorized to
require in writing that the Applicant provide development approval information in a
report that is certified by a Qualified Professional that:
13
i) complies with and fully addresses term of reference which are provided by the
Director in accordance with Section 7(b).
ii) identifies and defines the context, interaction, scope, magnitude and significance of
the anticipated impacts of the activity or development on the community, as well as
the data and methodological accuracy, assumptions, uncertainties, acceptability
thresholds, and how the anticipated impacts may cumulatively contribute to existing
risks, stressors, and threats;
iii) provides recommendations for conditions or requirements Council or the Director
may impose to mitigate or ameliorate the anticipated impacts identified; and
iv) provides recommendations and details costs for modifications to the environment, or
construction of works, required to mitigate or ameliorate the anticipated impacts.
b) The Director may require the Applicant to provide information on, and a systematic
detailed assessment of:
i) compliance of the activity or development with
1. the Official Community Plan
2. Regional Growth Strategy of the Capital Regional District
3. and any other relevant District bylaw, plan or policy in preparation or adopted by
Council;
ii) compatibility with adjacent and community land uses, functions, form, character,
aesthetics and scale of development;
iii) socio-economic impacts affecting the day to day quality of life of people and
communities, including direct and indirect economic impacts, demographics,
housing, housing impacts including tenant relocation assistance, local services and
socio-cultural issues;
iv) land use impacts such as noise, vibration, glare and electrical interference;
v) landscape and visual impacts including their nature, significance and magnitude and
including impacts on view corridors and shadows, visual envelope, prominent
features, experiential characteristics, and landscape character;
vi) transportation demand management strategies, including, but not limited to
transportation impacts, public transit service and requirements, parking demand,
traffic safety, pedestrian, cyclist and vehicular traffic flow or operation, trip generation,
Site access and egress, access network connectivity and accessibility;
vii) retail trade impacts of a proposed commercial development, including but not limited
to, the effects of additional competition, the effects on commercial vacancy rates,
and the impacts to neighbourhood/sector stability;
viii) air quality impacts including, but not limited to, pollution, dust, fumes, smoke and
odours;
ix) impacts to ground and surface water quality including, but not limited to, pollution,
temperature, oxygen levels, acidity, nutrients, silts, and pathogens;
x) geotechnical conditions including, but not limited to, soil composition, profile,
classification, agricultural suitability and capability, geologic process and terrain
stability;
xi) hydrological and/or hydrogeological assessment including, but not limited to,
infiltration, interception, groundwater and overland flow, as well as hydrologic
processes including accretion and erosion;
xii) terrestrial and aquatic ecology including, but not limited to, biological diversity,
impacts to flora and fauna, habitat size, complexity, fragmentation or isolation,
change to suitability or capability, restoration, creation or enhancement;
xiii) historical, heritage, cultural and archaeological buildings, sites or assets;
14
xiv) the phasing and timing of the activity or development;
xv) hazardous conditions including, but not limited to, mud flow, debris torrents, erosion,
land slip, rock falls, subsidence, avalanche, wildfire, flood, storm surge, and
inundation (including appropriate construction elevations and setbacks or other
hazard);
xvi) compatibility of the activity or project with adjacent District owned land, rights of
way, covenants and easements;
xvii) Local infrastructure and site servicing including, but not limited to, drainage,
rainwater management, water, sewer and other utilities.
xviii) community facilities and services including, but not limited to, schools, parks,
recreation, emergency protective and health services;
xix)
climate change impacts including energy and green house gas emission impacts and
xx) any other topic in relation to which the Director considers the proposed activity or
development impacts the jurisdiction of the District.
c) Where applicable, an assessment required under this section must make
recommendations on measures to mitigate and to compensate for any impacts
identified.
d) The District may distribute a report and publicize the results of a report provided under
this Section in accordance with the Freedom of Information and Protection of Privacy
Act, and every report provided must contain an express grant of permission
acknowledging this and allowing the District to use and reproduce it for non-commercial
purposes.
e) The Director will, when imposing requirements under this Section, advise the Applicant
of their right to reconsideration under Section 8 of this Bylaw.
8.
RECONSIDERATION
a) Applicant's Right to request Reconsideration: If the Applicant objects with the
Director's decision under this Bylaw, and is entitled to a right of reconsideration in
accordance with the Local Government Act, an Applicant may request that Council
reconsider the decision of the Director in accordance with the provisions for
reconsideration set out in this Section.
b) Time limit for Reconsideration: Within 20 days of being notified in writing of a decision
of the Director, the Applicant may apply to the Corporate Administrator to have Council
reconsider a decision of the Director.
c) Applicant's Reasons: The Applicant must in writing identify brief reasons in support of
their request for reconsideration and a copy of any materials relevant to the
reconsideration.
d) Notice of Reconsideration: The Corporate Administrator must give the applicant at
least 10 days' notice of the time and place of Council's reconsideration, and of the
applicant's right to appear before Council to make representations concerning the
application.
e) Representation to Council: The Applicant may make oral or written submission to
15
Council and may appoint a representative to make representation.
f) Council's Authority: Council may either confirm the decision made by the Director or
substitute its own decision.
9.
FEES
The payment of Application fees by an Applicant is governed by the Planning, Building and
Development Fees and Charges Bylaw No. 4845, 2023
10.
SUSPENSION
Any one or more of the procedures in this bylaw, except those that are required by
provincial legislation may be temporarily suspended (either generally or specific to an
Application) by unanimous vote of the Council present.
11.
REPEAL
"Oak Bay Land Use Procedures and Fees Bylaw No. 4653 (2015)", and all its amendments are
hereby repealed.
12.
CITATION
This Bylaw may be cited as the "Development Application Procedures Bylaw No. 4844,
(2023)"
READ a first and second time by Municipal Council on the 31st day of July, 2023.
READ a third time by Municipal Council on the 31st day of July, 2023.
ADOPTED and FINALLY PASSED on the 11th day of September, 2023.
______________________________________ _____________________________________
Kevin Murdoch, Mayor
Chris Coates, Corporate Officer
Sealed with the Seal of the
Corporation of the District of Oak Bay
16
Schedule A
Application to Amend the Official Community Plan or the Zoning
Bylaw, or Both
A1.
APPLICATION REQUIREMENTS
In additional to requirements identified in the main part of this Bylaw, the Owner is solely
responsible for the provision of:
a)
The completed application form including the applicable fees and the authorizing
signatures of the Owner.
b)
A Surveyors Certificate prepared by a BC Land Surveyor for the existing development on
the subject property, with dimensions and areas, unless waived by the Director.
c)
Copy of current Title Certificate dated within 15 days of the Application, including
copies of any covenants and other non-financial encumbrances on title.
d)
Project Description and Rationale, including review of applicable OCP policies.
e)
Site Plan which contains the following minimum information about the subject property,
unless waived by the Director:
i)
Location map, including neighbouring land uses;
ii)
Existing and proposed buildings in relation to legal property boundaries with
dimensions and areas.
iii) Significant physical features and topographic information, and all existing
watercourses and wetlands, and all Sensitive Ecosystem Information;
iv) North arrow and drawing scales;
v) Dimensions for all elevations and site plans;
vi) Geodetic elevation;
vii) Details of proposed uses and buildings, including type and location of units;
viii) Roads, existing and/or proposed; and
ix) Open space.
x) Zoning Data Table
f)
Completed 'Site Disclosure Statement', as per the Local Government Act and
Environmental Management Act, for the Site, or identification of the applicable
exemption in accordance with the Contaminated Sites Regulation.
g)
Additional information as may be required by the Director, including in accordance with
Section 6 and 7 of this Bylaw and in accordance with policies contained within the
District's Official Community Plan (OCP).
17
A2.
PROCESSING PROCEDURE
The following typical procedure is generally intended to be chronological but does not preclude
concurrent or repeated steps, as best determined by the Director in accordance with statutory and
bylaw requirements, Council priorities and policies, the type and magnitude of the Application,
and staffing considerations:
a) Pre-Application meetings between Owner and Planning Staff are encouraged.
b) Owner submits complete Application and fees to District Staff. Processing will not
commence until all the application requirements are met and accepted by the Director.
Staff will advise if the Application will not be processed and the Applicant will have the
opportunity to complete the Application.
c) Staff will provide the design of the required development notification sign notice sign to
the Applicant, mapping of the area required for notification of the Neighbourhood Public
Meeting, and mailing labels if requested.
d) The Applicant shall:
i)
install the Development Notification Sign in accordance with Section 5.3 and
Schedule F;
ii) hold a Public Information Meeting in the District in accordance with Section 5.2 of
this Bylaw;
iii) report to the Director in writing on the Development Notification Sign and the
Public Information Meeting.
e) The Director shall consider whether to exercise their delegated authority to require
Development Approval Information in accordance with Section 7, and the Applicant
shall provide such information if requested.
f) Staff refer the Application to internal departments for their review and comment.
g) Staff send the Applicant a Development Review Team (DRT) letter outlining District
staff's comments on the Application and proposal and where necessary outlining the
changes to the Application and proposal that may be needed for consistency with
District Policies and Bylaws.
h) Applicant submits revisions to the Application where necessary including any revised
plans.
i)
Staff prepares a report for the relevant Commission as applicable. The Applicant is
invited to attend any meeting where the application is being considered.
j)
If the Local Government Act does not require a Public Hearing, and a zoning
amendment bylaw has been prepared for consideration by Council, Staff may prepare
and give Notice of First Reading in accordance with section 467 of the Local
Government Act.
k) Staff prepares a report for Council outlining the Application and presenting the
proposed bylaws and which may include:
i)
the results of the Public Information Meeting;
ii)
the recommendation(s) from the Commission as applicable;
18
iii)
recommendations regarding first and second readings on the proposed
amendment bylaw(s);
iv)
if the Application includes an amendment to the Official Community
Plan, the list of government agencies that might be affected by the
proposal and information regarding the opportunities for consultation with
one or more of the persons, organizations and authorities and whether it
should be early and ongoing for Council's consideration; and
v)
scheduling of the Public Hearing, if required.
l)
Council may, upon considering the Application, request additional information, give first
and/or second readings to the amending bylaw, or may refer, table, or deny the Application.
m) Staff schedules the Public Hearing, if required by the Local Government Act or if
requested by Council, and provides statutory notification and advertising, produces an
agenda for the Public Hearing and distributes to Council.
n) District holds the Public Hearing, if required.
o) Following the Public Hearing(s) (or second reading where no hearing is required or held)
Council, may without further notice, give the amending bylaw(s) third reading or may
refer, table, or deny the Application. Council may, but is not required to consider
adoption of an amending bylaw on the same night as third reading.
p) Staff prepares a report for adoption of the bylaw(s). If all conditions of third reading have
been met, the bylaw(s) shall be considered for adoption.
q) Where an amending bylaw is only given third reading, Staff prepares a report for
adoption of the bylaw(s). If all conditions of third reading have been met including
registering of legal agreements, the bylaw(s) may then be forwarded to Council and be
considered for adoption.
r) The Applicant is notified within 10 days of Council's decision.
19
Schedule B
Application for a Heritage Revitalization Agreement or Phased
Development Agreement
B1.
APPLICATION REQUIREMENTS
In additional to requirements identified in the main part of this Bylaw, the Owner is solely
responsible for the provision of:
a)
The completed application form including the applicable fees and the authorizing
signatures of the Owner.
b)
A Surveyors Certificate prepared by a BC Land Surveyor for existing development on the
subject property, with dimensions and areas, unless waived by the Director.
c)
Copy of current Title Certificate dated within 15 days of the Application, including
copies of any covenants and other non-financial encumbrances on title.
d)
Project Description and Rationale, including review of applicable OCP policies.
e)
Site Plan which contains the following minimum information about the subject property,
unless waived by the Director:
i)
Location map, including neighbouring land uses;
ii)
Existing and proposed buildings in relation to legal property boundaries with
dimensions and areas.
iii) Significant physical features and topographic information, and all existing
watercourses and wetlands, and all Sensitive Ecosystem Information;
iv) North arrow and drawing scales;
v) Dimensions for all elevations and site plans;
vi) Geodetic elevation;
vii) Details of proposed uses and buildings, including type and location of units;
viii) Roads, existing and/or proposed; and
ix) Open space.
x) Zoning Data Table
f)
If applicable, completed 'Site Disclosure Statement', as per the Local Government Act
and Environmental Management Act, for the Site, or identification of the applicable
exemption in accordance with the Contaminated Sites Regulation.
g)
Heritage Revitalization Plan and/or Phasing Plan
h)
Additional information as may be required by the Director, including in accordance with
Section 6 and 7 of this Bylaw and in accordance with policies contained within the
District's Official Community Plan (OCP).
20
B2.
PROCESSING PROCEDURE
The following typical procedure is generally intended to be chronological but does not preclude
concurrent or repeated steps, as best determined by the Director in accordance with statutory and
bylaw requirements, Council priorities and policies, the type and magnitude of the Application, and
staffing considerations:
a)
Pre-Application meetings between Owner and Planning Staff are encouraged.
b)
Owner submits complete Application and fees to District Staff. Processing will not
commence until all the application requirements are met and accepted by the Director.
Staff will advise is the Application will not be processed and the Applicant will have the
opportunity to complete the Application.
c)
The Applicant shall:
i)
install the Development Notification Sign in accordance with Section 5.3 and
Schedule F;
ii)
hold a Public Information Meeting in the district in accordance with Section 5.2 of
this Bylaw;
iii)
report to the Director in writing on the Development Notification Sign and the
Public Information Meeting.
d)
The Director shall consider whether to exercise their delegated authority to require
Development Approval Information in accordance with Section 7, and the Applicant shall
provide such information if requested.
e)
Staff refer the application to internal departments for their review and comment.
f)
Staff send the Applicant a Development Review Team (DRT) letter outlining the District's
comments on the Application and proposal and where necessary outline the changes to
the Application and proposal that may be needed for consistency with District Policies
and Bylaws.
g)
Applicant submits revisions to the Application including any revised plans
h)
Staff prepares a report for the applicable Commission. The Applicant is invited to attend
any meeting where the Application is being considered.
i)
Staff prepares a report for Council outlining the Application and presenting the proposed
bylaws.
j)
Staff prepares a report for Council which may include:
i)
the results of the Public Information Meeting;
ii)
the recommendation(s) from the Commission as applicable;
iii)
recommendations regarding first and second readings on the proposed bylaw(s);
v)
scheduling of the Public Hearing, if required.
k)
Council may, upon considering the Application, request additional information, give first
and/or second readings to the implementing bylaw, or may refer, table, or deny the
Application.
21
l)
Staff schedules the public hearing, if required by the Local Government Act or of
requested by Council amd provides statutory notification and advertising, produces an
agenda for the Public Hearing and distributes to Council.
m)
District holds the Public Hearing.
n)
Following the Public Hearing(s) Council, without further notice, may give the Bylaw(s) third
reading or may refer, table, or deny the Application. Council may, but is not required to,
consider adoption of an amending bylaw on the same night as third reading.
o)
Where an bylaw is only given third reading, Staff prepares a report for adoption of the
bylaw(s). If all conditions of third reading have been met including registering of legal
agreements, the bylaw(s) may then be forwarded to Council and be considered for
adoption.
p)
The Applicant is notified within 10 days of Council's decision.
22
Schedule C
Application for a Development Permit, Development Permit with
Variances or Uplands Siting and Design Approval
C1.
APPLICATION REQUIREMENTS
In additional to requirements identified in the main part of this Bylaw, the Owner is solely
responsible for the provision of:
a)
The completed application form including the applicable fees and the
authorizing signature(s) as required.
b)
A Surveyors Certificate prepared by BC Land Surveyor unless waived by the
Director.
c)
Copy of current Title Certificate from within the last 15 days including any
covenants and charges.
d)
Project Description and Rationale, including statement of how the application is
consistent with each of the applicable Development Permit Guidelines. For
Uplands Siting and Design Approvals a completed Uplands Design Guidelines
checklist must be completed and submitted.
e)
A Site Plan which contains the following minimum information about the subject
property:
i)
Location map, including neighbouring land uses;
ii)
Existing and proposed buildings in relation to legal property boundaries
with dimensions and areas;
iii)
Significant physical features and topographic information, all existing
watercourses and wetlands and all Sensitive Ecosystem Information;
iv)
North arrow and drawing scales;
v)
Dimensions for all elevations and site plans;
vi)
Geodetic elevation unless waived by the Director;
vii)
Roads, existing and/or proposed;
viii)
Residential unit or building layout and/or comprehensive plan, illustrating
unit distribution; and
ix)
Open space.
x)
Zoning Data Table
xi)
Materials checklist
f)
Where the Development Permit is for form and character, elevation drawings will
be required to be in colour, illustrating the proposed outside of the building and
include a list of materials and colours to be used.
g)
Completed 'Site Disclosure Statement', as per the Local Government Act and
Environmental Management Act for the Site or identification of the applicable
exemption in accordance with the Contaminated Sites Regulation.
23
h)
Landscape Plans, as required, must be professionally prepared and conform to
the most recent BCSLA\BCLNA Landscape Standard and contain the following
minimum information:
i)
Site organization, including planting beds, and landscape features;
ii)
All plant material and landscape features at installed sizes, accurate
location, and spacing;
iii)
Plant list using botanical and common names for all recommended plant
material and size specification;
iv)
Location of all utility infrastructure (overhead, underground, light
standards, etc.), which may be affected by landscaping.
v)
A cost estimate of completing any required landscape plan as per
Schedule G
i)
Additional information as may be required by the Director, including in
accordance with Section 6 and 7 of this Bylaw.
C2.
PROCESSING PROCEDURE
The following typical procedure is generally intended to be chronological but does not preclude
concurrent or repeated steps, as best determined by the Director in accordance with statutory
and bylaw requirements, Council priorities and policies, the type and magnitude of the
Application, and staffing considerations:
a)
Pre-Application meetings between Owner and Planning Staff are encouraged.
b)
Owner submits complete application and fees to staff. Processing will not
commence until all the Application requirements are met and accepted by the
Director. Staff will advise if the Application will not be processed and the
Applicant will have the opportunity to complete the Application.
c)
The Director shall consider whether to exercise their delegated authority to
require Development Approval Information in accordance with Section 7, and the
Applicant shall provide such information if requested.
d)
Staff refer the Application to internal departments for their review and comment.
e)
Staff send the Applicant a Development Review Team (DRT) letter outlining the
District Staff's comments on the Application and proposal. Staff may
recommend the changes to the Application and proposal that may be needed
for consistency with District Policies and Bylaws.
f)
Applicant submits revisions to the Application where necessary including any
revised plans.
g)
Staff prepares a report for the relevant Commission as applicable. The
Applicant is invited to attend any meeting where the application is being
considered.
24
h)
If decision making is delegated, the Director will proceed with their consideration
of the Application. If the Applicant is not satisfied with that decision, they may
seek reconsideration by Council in accordance with this Bylaw.
i)
If decision making is not delegated or if the Applicant seeks reconsideration,
Staff prepares a report for Council which may include:
i)
the Application and reports and plans provided by the Applicant;
ii)
Staff's summary;
iii)
the recommendation(s) from the Commission as applicable;
iv)
applicable Development Permit information including guidelines;
v)
recommendations regarding issuance of the Permit;
vi)
copy of proposed Permit (which may be in draft form).
j)
Council may, upon considering the Application, request additional information,
refer, table, approve or deny the permit.
k)
The Applicant is notified within 10 days of Council's decision.
l)
If Council authorizes the issuance of a permit, the Director will complete the
permit and sign and issue it to the Owner, on satisfaction of pre-conditions to
issuance that may have been required by Council, if any.
m)
If Council denies the permit, Council will give reasons consistent with the
guidelines and allow the applicant to change the application to meet Council's
interpretation of the guidelines. If a permit is denied for non-compliance with
zoning regulations, Staff need only identify the bylaw non-compliance.
n)
Council or the Director may require security as a pre-condition to staff signing
and issuing the permit, in accordance with this Bylaw, and the Applicant shall
provide the Security as: automatically renewing irrevocable letter of credit, bank
draft or cash. Otherwise, security is paid by the Applicant before undertaking any
activity authorized by the permit, or applying for a building permit.
o)
After Council approval, Applicant satisfies any pre-conditions to issuance by
Staff. On satisfaction of pre-conditions, staff sign and issue the permit.
p)
If issued the Director will file in the Land Title Office a notice in the form
prescribed for that purpose, excluding Uplands Siting and Design Approvals
q)
If necessary, the Applicant may subsequently apply to the Director for a minor
amendment or extension of the permit in accordance with the Bylaw.
25
Schedule C.1
Development Permit
[Sample Form of Permit included for Convenience. Director has delegated authority to determine form.]
DEVELOPMENT PERMIT with or without VARIANCE
District File No:
DP No. (YYYY No.)
DPA(s):
Registered Owner:
Civic Address:
Parcel Identifier:
Legal Description:
Description of proposed Development :
Pre- Conditions of Development Permit (if any):
This Development Permit is not considered to be issued in accordance with LGA s.490 until the
Owner has satisfied all of the following (pre)conditions, in accordance with Council Resolution #
and City Bylaws, all to the reasonable satisfaction of City Staff who may then sign and issue this
Permit:
1.
[Drafting Note: insert pre-conditions]
2.
[Drafting Note: If security is a pre-condition, then insert here and delete condition
#3 below]
Details of Variance (if any):
1.
Only the following variances are approved by this permit:
Bylaw:
Zoning Bylaw No. 3531
Section of Bylaw:
Reduction of
from
to
.
Bylaw:
Zoning Bylaw No. 3531
Section of Bylaw:
Increase of
from
to
.
Bylaw:
26
Section of Bylaw:
Variance of
servicing standard from
to
.Section of Bylaw
Conditions of Development Permit:
1.
Development of the site must be completed in accordance with the following
drawings and documents which are attached to and form part of this Permit:
Schedule A Insert date, name and author of plan]
Schedule B
Schedule C
Schedule D
2.
As provided for under section 491 of the Local Government Act, and in addition
to the other conditions of this permit, the following conditions specific to the
Development and/or Site must be adhered to:
(Insert conditions)
3.
In addition, pursuant to section 502 of the Local Government Act, unless security
has been provided as a pre-condition of this permit, it is a condition of this permit
that the Owner shall provide the following security the earlier of before
undertaking any activity authorized by the permit, and before receiving a building
permit (failure to do so being cause to revoke such permit):
(Insert amount of security $XXXX)
4.
Pursuant to section 504 of the Local Government Act, this permit will lapse two
years from the date of the Development Permit approval unless construction, in
accordance with the terms and conditions of this permit, has substantially started.
For the purposes of this permit construction is considered to be substantially
started when:
i)
a valid building permit for the development has been issued and
has not lapsed;
ii)
excavation or construction works associated with the development
hereby approved must have commenced to the satisfaction of the
Director of Community Building and Planning Services. Demolition
does not constitute construction.
6.
The plans and specifications attached to this Permit are an integral part of this
Permit.
7.
Nothing in this Permit confers any approval, permission or authority to carry out
work on public property, including but not limited to the boulevard and the portion
of any driveway lying outside the boundaries of the Site.
8.
This permit is issued subject to compliance with all relevant District of Oak Bay
bylaws as supplemented by this Permit.
27
9.
Despite issuance of this Permit, construction may not start without a Building
Permit, Tree Permit or other necessary permits. It is the owner's responsibility to
determine whether such permits are required.
10.
This Permit has been authorized in the context of the development of the Land as
depicted in the Plans and Documents. Except for minor revisions not materially
affecting the form or character of the development of the Land as so depicted,
which may be approved by the Director of Building and Planning, all
amendments, variations or revisions to the Plans and Documents must be
approved by resolution of the Municipal Council.
Registration:
Notice of this Permit shall be filed by the District in the Land Titles Office at Victoria, B.C. under
s.503 of the Local Government Act, and upon such filing, the terms of this Permit (DP No.) or any
amendments hereto shall be binding upon all persons who acquire an interest in the affected
Lands affected by this Permit.
Approved by Council Resolution No.
Date:
28
D1.
APPLICATION REQUIREMENTS
In additional to requirements identified in the main part of this Bylaw, the Owner is solely
responsible for the provision of:
a)
The completed application form including the applicable fees and the
authorizing signature(s) as required.
b)
A Surveyors Certificate prepared by BC Land Surveyor unless waived by the
Director.
c)
Copy of current Title Certificate from within the last 15 days including any
covenants and charges.
d)
Project Description and Rationale, including statement of how the application is
consistent with heritage policies regarding the issuance of a heritage alteration
permit applicable to the Site, including orders, designations, revitalization
agreements and Heritage Conservation Area guidelines, as applicable
e)
A Site Plan which contains the following minimum information about the subject
property:
i)
Location map, including neighbouring land uses;
ii)
Existing and proposed buildings in relation to legal property boundaries
with dimensions and areas;
iii)
Significant physical features and topographic information, all existing
watercourses and wetlands and all Sensitive Ecosystem Information;
iv)
North arrow and drawing scales;
v)
Dimensions for all elevations and site plans;
vi)
Geodetic elevation unless waived by the Director;
vii)
Roads, existing and/or proposed;
viii)
Residential unit or building layout and/or comprehensive plan, illustrating
unit distribution; and
ix)
Open space.
x)
Zoning Data Table
f)
Elevation drawings will be required to be in colour, illustrating the proposed
outside of the building and include a list of materials and colours to be used.
g)
Completed 'Site Disclosure Statement', as per the Local Government Act and
Environmental Management Act for the Site or identification of the applicable
exemption in accordance with the Contaminated Sites Regulation..
h)
Landscape Plans, as required, must be professionally prepared and conform to
the most recent BCSLA\BCLNA Landscape Standard and contain the following
minimum information:
i)
Site organization, including planting beds, and landscape features;
ii)
All plant material and landscape features at installed sizes, accurate
location, and spacing;
29
iii)
Plant list using botanical and common names for all recommended plant
material and size specification;
iv)
Location of all utility infrastructure (overhead, underground, light
standards, etc.), which may be affected by landscaping.
v)
A cost estimate of completing any required landscape plan as per
Schedule G
i)
Heritage Protection Plan/Statement
j)
Additional information as may be required by the Director, including in
accordance with Section 6 of this Bylaw.
D2.
PROCESSING PROCEDURE
The following typical procedure is generally intended to be chronological but does not preclude
concurrent or repeated steps, as best determined by the Director in accordance with statutory
and bylaw requirements, Council priorities and policies, the type and magnitude of the
Application, and staffing considerations:
a)
Pre-Application meetings between Owner and Planning Staff are encouraged.
b)
Owner submits complete application and fees to staff. Processing will not
commence until all the Application requirements are meta and accepted by the
Director. Staff will advise if the Application will not be processed and the
Applicant will have the opportunity to complete the Application.
c)
The Director shall consider whether to exercise their delegated authority to
require additional information in accordance with Section 7, and the Applicant
shall provide such information if requested.
d)
Staff refer the Application to internal departments for their review and comment.
e)
Staff send the Applicant a Development Review Team (DRT) letter outlining the
District Staff's comments on the Application and proposal. Staff may
recommend changes to the application and proposal that may be needed for
consistency with District Policies and Bylaws.
f)
Applicant submits revisions where necessary to the Application including any
revised plans.
g)
Staff prepares a report for the relevant Commission as applicable. The
Applicant is invited to attend any meeting where the application is being
considered.
h)
If decision making is delegated, the Director will proceed with their consideration
of the Application. If the Applicant is not satisfied with that decision, they may
seek reconsideration by Council in accordance with this Bylaw.
i)
If decision making is not delegated or the Applicant seeks reconsideration, Staff
prepares a report for Council which may include:
i)
the Application and reports and plans provided by the Owner;
27
ii)
Staff's summary;
iii)
the recommendation(s) from the Commission as applicable;
iv)
applicable heritage policies, including orders, designations, revitalization
agreements and Heritage Conservation Area guidelines, as applicable;
v)
recommendations regarding issuance of the Permit;
vi)
copy of proposed Permit.
j)
Council may, upon considering the Application, request additional information,
refer, table, approve or deny the permit.
k)
The Applicant is notified within 10 days of Council's decision.
l)
If Council authorizes the issuance of a permit, the Director will complete the
permit and sign and issue it to the Owner, on satisfaction of pre-conditions to
issuance that may have been required by Council, if any.
m)
If Council denies the permit, Council will give reasons consistent with the
policies, guidelines and allow the Applicant to change the Application to meet
Council's interpretation. If a permit is denied for non-compliance with zoning
regulations, Staff need only identify the bylaw non-compliance.
n)
Council or the Director may require security as a pre-condition to Staff signing
and issuing the permit, in accordance with this Bylaw, and the Applicant shall
provide the Security as: automatically renewing irrevocable letter of credit, bank
draft or cash. Otherwise, security is paid by the Applicant the earlier of before
undertaking any activity authorized by the permit, or applying for a building
permit.
o)
After Council approval, Applicant satisfies any pre-conditions to issuance by
Staff. On satisfaction of pre-conditions, staff sign and issue the permit.
p)
If issued, the Director will also file in the Land Title Office a notice in the form
prescribed for that purpose.
28
Schedule D.1
Heritage Alteration Permit
[Sample Form of Permit included for Convenience. Director has delegated authority to determine form.]
HERITAGE ALTERATION PERMIT
District File No:
HAP No. (YYYY No.)
Applicable Orders, Revitalization Agreements, Designations and/or HCA Registered
Owner:
Civic Address:
Parcel Identifier:
Legal Description:
Description of current development/land:
Description of proposed Development:
Pre-Conditions of Heritage Alteration Permit (if any):
This Heritage Alteration Permit is not considered to be issued in accordance with LGA s.617 until
the Owner has satisfied all of the following (pre)conditions, in accordance with Council Resolution
#
and District Bylaws, all to the reasonable satisfaction of District Staff who
may then sign and issue this Permit:
1.
[Drafting Note: insert pre-conditions]
2.
[Drafting Note: If security is a pre-condition, then insert here and delete condition
#3 below]
Details of Variance (if any):
1.
Only the following variances are approved by this permit:
[Drafting Note: insert details]
Bylaw:
Zoning Bylaw No. 3531
Section of Bylaw:
Reduction of
from
to
.
Bylaw:
Zoning Bylaw No. 3531
Section of Bylaw:
Increase of
from
to
.
Bylaw:
29
Section of Bylaw:
Variance of
servicing standard from
to
.Section of Bylaw
Conditions of Heritage Alteration Permit:
1.
Development of the Site must be completed in accordance with the following drawings
and documents, which are attached to and form part of this permit:
Schedule A (insert date, name and author of plan)
Schedule B
Schedule C
Schedule D
2.
As provided for under Part 15 Heritage Conservation of the Local Government Act, and
in addition to the other conditions of this permit, the following conditions must be
adhered to:
(Insert Details)
3.
In addition, pursuant to Section 618 of the Local Government Act, unless security has
been provided as a pre-condition of this permit, it is a condition of this permit that the
Owner shall provide the following security the earlier of before undertaking any activity
authorized by the permit, and before receiving a building permit (failure to do so being
cause to revoke such permit):
(Insert security amount $XXXXX).
4.
This permit will lapse two years from the date of the Development Permit approval
unless construction, in accordance with the terms and conditions of this permit, has
substantially started.
Construction is considered to be substantially started when
i)
a valid building permit for the Development has been issued and shall not
have lapsed; and
ii)
excavation or construction works associated with the Development
approved must have commenced to the satisfaction of the Director of
Community Building and Planning Services. Demolition does not
constitute construction.
5.
The plans and specifications attached to this Permit are an integral part of this Permit.
6.
Nothing in this Permit confers any approval, permission or authority to carry out work on
public property, including but not limited to the boulevard and the portion of any driveway
lying outside the boundaries of the Land.
7.
This permit is issued subject to compliance with all relevant District of Oak Bay bylaws
as supplemented by this Permit.
30
Despite issuance of this permit, construction may not start without a Building Permit, Tree Permit
or other necessary permits. It is the owner's responsibility to determine whether such permits are
required.
Registration:
Notice of this Permit shall be filed by the District in the Land Titles Office at Victoria, B.C. under
s.594 of the Local Government Act, and upon such filing, the terms of this Permit (HAP No.) or any
amendments hereto shall be binding upon all persons who acquire an interest in the affected
Lands affected by this Permit.
Approved by Council Resolution No.
Date:
31
Schedule E
Application for a Development Variance Permit
E1.
APPLICATION REQUIREMENTS
In additional to requirements identified in the main part of this Bylaw, the Owner is solely
responsible for the provision of:
a) The completed application form including the applicable fees and the authorizing
signatures of the Owner.
b) A Surveyors Certificate prepared by a BC Land Surveyor for existing development on the
subject property, with dimensions and areas, unless waived by the Director.
c) Copy of current Title Certificate dated within 15 days of the Application, including
copies of any covenants and other non-financial encumbrances on title.
d) Project Description and Rationale, including review of applicable OCP policies.
e) Site Plan which contains the following minimum information about the subject property,
unless waived by the Director in consideration of the variance requested and the type and
scale of existing or proposed development:
i) Location map, including neighbouring land uses;
ii) Existing and proposed buildings in relation to legal property boundaries with
dimensions and areas.
iii) Significant physical features and topographic information, and all existing
watercourses and wetlands, and all Sensitive Ecosystem Information;
iv) North arrow and drawing scales;
v) Dimensions for all elevations and site plans;
vi) Geodetic elevation;
vii) Details of proposed uses and buildings, including type and location of units;
viii) Roads, existing and/or proposed; and
ix) Open space
x) Zoning Data Table
f)
Completed 'Site Disclosure Statement', as per the Local Government Act and
Environmental Management Act, for the Site, or identification of the applicable
exemption in accordance with the Contaminated Sites Regulation.
g)
Additional information as may be required by the Director, including in accordance with
Section 6 and 7 of this Bylaw and in accordance with policies contained within the
District's Official Community Plan (OCP).
32
E2.
PROCESSING PROCEDURE
The following typical procedure is generally intended to be chronological but does not preclude
concurrent or repeated steps, as best determined by the Director in accordance with statutory and
bylaw requirements, Council priorities and policies, the type and magnitude of the Application,
and staffing considerations:
a) Pre-Application meetings between Owner and Planning Staff are encouraged.
b) Owner submits complete Application and fees to District Staff. Processing will not
commence until all the application requirements are met and accepted by the Director.
Staff will advise is the Application will not be processed and the Applicant will have the
opportunity to complete the Application.
c) The Director shall consider whether to exercise their delegated authority to require
Development Approval Information in accordance with Section 7, and the Applicant
shall provide such information if requested.
d) Staff refer the Application to internal departments for their review and comment.
e) Staff send the Applicant a Development Review Team (DRT) letter outlining the
District's comments on the application and proposal and where necessary outline the
changes to the application and proposal that may be needed for consistency with
District Policies and Bylaws.
f) Applicant submits revisions to the Application including any revised plans.
g) Where a DVP Application is advanced to Council with a positive or neutral
recommendation from Staff, Staff will give statutory Notice. If decision
making is delegated, the Director will proceed with their consideration of
the Application. If the Applicant is not satisfied with that decision, they
may seek reconsideration by Council in accordance with this Bylaw.
(**Bylaw 4950, Apr. 13, 2026)
h) Staff prepares a report for Council outlining the application and presenting the draft
permit.
i)
Council may, upon considering the Application, request additional information, refer,
table, approve (if Notice has been given) or deny the permit.
j)
The Applicant is notified within 10 days of Council's decision.
k) If Council authorizes the issuance of a permit, the Director will complete the permit and
sign and issue it to the Owner, on satisfaction of pre-conditions to issuance that may
have been required by Council, if any.
l)
Council or the Director may require security as a pre-condition to Staff signing and
issuing the permit, in accordance with this Bylaw, and the Applicant shall provide the
Security as: automatically renewing irrevocable letter of credit, bank draft or cash.
Otherwise, security is paid by the Applicant the earlier of before undertaking any activity
authorized by the permit or applying for a building permit.
33
m) After Council approval, Applicant satisfies any pre-conditions to issuance by Staff. On
satisfaction of pre-conditions, Staff sign and issue the permit.
34
n) If issued, the Director will file in the Land Title Office a notice in the form prescribed for
that purpose.
o) If necessary, the Applicant may subsequently apply to the Director for an extension of
the permit in accordance with the Bylaw.
35
Schedule E.1
Development Variance Permit
[Sample Form of Permit included for Convenience. Director has delegated authority to determine form.]
DEVELOPMENT VARIANCE PERMIT
District File No:
DVP No. (YYYY No.)
Registered Owner:
Civic Address:
Parcel Identifier:
Legal Description:
Description of existing development/ Site:
Description of Proposal/Development:
Details of Variance:
1.
Only the following variances are approved by this permit:
Bylaw:
Zoning Bylaw No. 3531
Section of Bylaw:
Reduction of
from
to
.
Bylaw:
Zoning Bylaw No. 3531
Section of Bylaw:
Increase of
from
to
.
Bylaw:
Section of Bylaw:
Variance of
servicing standard from
to
.
2.
The bylaw variance(s) allowed pursuant to this Permit has/have been authorized in the
context of and only for the development of the Land as depicted in the Plans and
Documents. All amendments, variations or revisions to the Plans and Documents must
be approved by resolution of the Municipal Council.
Conditions of Development Variance Permit:
1.
Development of the site must be completed in accordance with the attached
drawings and documents:
Schedule A
36
Schedule B
Schedule C
Schedule D
2.
As provided for under section 491 of the Local Government Act, the following
conditions must be adhered to:
3.
In addition, pursuant to section 502 of the Local Government Act, unless security
has been provided as a pre-condition of this permit, it is a condition of this permit
that the Owner shall provide the following security the earlier of before
undertaking any activity authorized by the permit, and before receiving a building
permit (failure to do so being cause to revoke such permit):
$XXXXX.
4.
Pursuant to section 504 of the Local Government Act, this permit will lapse two
years from the date of the Permit approval unless construction, in accordance
with the terms and conditions of this permit, has substantially started.
Construction is considered to be substantially started when
i)
a valid building permit for the development has been issued and
shall not have lapsed;
ii)
excavation or construction works associated with the development
hereby approved must have commenced to the satisfaction of the
Director of Community Building and Planning Services. Demolition
does not constitute construction.
5.
The plans and specifications attached to this Permit are an integral part of this
Permit.
6.
Nothing in this Permit confers any approval, permission or authority to carry out
work on public property, including but not limited to the boulevard and the portion
of any driveway lying outside the boundaries of the Site.
7.
This permit is issued subject to compliance with all relevant District of Oak Bay
bylaws and given that the proposed development is supplemented by this Permit.
Despite issuance of this permit, construction may not start without a Building
Permit, Tree Permit or other necessary permits. It is the owner's responsibility to
determine whether such permits are required.
Registration:
Notice of this Permit shall be filed by the District in the Land Titles Office at Victoria, B.C. under
s.503 of the Local Government Act, and upon such filing, the terms of this Permit (DVP No.) or any
amendments hereto shall be binding upon all persons who acquire an interest in the affected
Lands affected by this Permit.
Approved by Council Resolution No.
Date:
37
Schedule F
Development Notification Sign Requirements
Timing:
A development notification sign shall be posted by the applicant within 15 days of the
application being accepted by the District.
Location:
All development notification signs shall be placed on a Site that is subject to an Application so
that they are clearly visible from the street and will be located approximately three metres inside
the property line of the subject Site.
Number:
One development notice sign is required for each 100 metres of road frontage of a subject Site,
provided that no more than three signs are required for any one Site.
Sign Content:
Development notification signage must include (as applicable) the following information:
-
The District's municipal logo (digital copy file available from the District);
-
The existing and proposed zone of the property and existing and proposed OCP
Land Use Designation;
-
The purpose of the Application;
-
A context map showing the location of the property subject to the Application;
-
Contact information for the Applicant;
-
Contact information for the District's Community Building and Planning
Department;
-
Date and Time for Public Hearing, if applicable;
-
Date and Time of Public Information Meeting, if applicable;
-
Any additional information as required by the Director.
The District may provide a digital copy file of the proposed sign, or will review copy prepared by
Applicant.
Sign Installation:
Development notification signs shall be located in a manner which does not interfere with
pedestrian or vehicular traffic or obstruct visibility from streets, lanes or driveways and must be
installed in a safe, sturdy manner capable of withstanding wind and weather.
Signs must be maintained and replaced as necessary.
Sign Standard:
Size:
Approximately 0.9m x 1.2m (3' x 4')
Material: Coroplast mounted on 1.3 cm (1/2") plywood or particle board
Verification:
38
An Applicant shall verify to the Director that the sign or signs have been posted by providing
dated photographs of the signs
Duration:
Development notification signs must remain in place until one of the following occurs:
(i) The Public Hearing related to the Application concludes;
(ii) Council adopts or refuses to adopt the bylaw relevant to the Application; or
(iii) The Application has been abandoned by the Applicant.
Development notification signs must be removed by the Applicant within seven (7) days of an
event listed in i) - iii) taking place.
39
Schedule G Landscape Security Specifications
1.
Landscape security amount
The landscape security shall be calculated at 125% of the total landscaping cost by a qualified
professional, based on an estimate of the landscaping costs that the applicant provides to
the Director, with a minimum landscape security of $2000.
2.
Landscaping costs
(a)
The landscaping costs that must be included within the estimate provided to the
Director include but are not limited to the following:
1)
Tree protection measures;
2)
Landscape grading;
3)
Landscape retaining walls;
4)
Landscape paving including structural bases
5)
Landscape structures, such as fences, screen walls, living walls, built-in
planters, and shade structures.
6)
Landscape furnishings, such as benches and seating, bicycle parking
facilities, waste and recycling containers, recreational equipment, and play
equipment;
7)
Plant materials, such as trees, shrubs, perennials, grasses or other
ground cover;
8)
Green roofs;
9)
Sod and seeding;
10)
Growing medium;
11)
Structural soil cells;
12)
Water features;
13)
Site lighting;
14)
Labour;
15)
Irrigation; and
16)
Other landscape materials
(b) All estimated costs provided under subsection (a) must include applicable taxes.
(c) Security costs may also include an amount for the District entering on the land, installing
the landscaping, and inspecting and maintaining the landscaping for such a period of time as
would be required to ensure its survival in perpetuity.
40
Schedule H
Application for a Temporary Use Permit
H1.
APPLICATION REQUIREMENTS
In addition to requirements identified in the main part of this Bylaw, the Owner is solely
responsible for the provision of:
a) The completed Application form including the applicable fees and authorizing
signatures of the Owner.
b) A Surveyors Certificate prepared by a BC Land Surveyor for existing development
on the subject property, with dimensions and areas, unless waived by the Director.
c) Copy of current Title Certificate dated within 15 days of the Application, including
copies of any covenants and other non-financial encumbrances on title.
d) Project description and rationale, including review of applicable OCP policies.
e) Site plan which contains the following minimum information about the subject
property, unless waived by the Director in consideration of the temporary use
requested and the type and scale or existing or proposed development:
i)
Location map, including neighbouring land uses;
ii)
Existing and proposed buildings and structures in relation to legal property
boundaries with dimensions and areas;
iii)
Significant physical features and topographic information, and all existing
watercourses, wetlands, and all Sensitive Ecosystem information;
iv)
North arrow and drawing scales;
v)
Dimensions for all elevations and site plans;
vi)
Geodetic elevation;
vii)
Details of proposed uses and buildings, including type and location of units;
viii)
Roads, existing and/or proposed and open space; and,
ix)
Zoning data table.
f) Additional information as may be required by the Director, including in accordance
with Section 6 and 7 of this Bylaw and in accordance with policies contained within
the District's OCP.
H2.
PROCESSING PROCEDURE
The following typical procedure is generally intended to be chronological but does not preclude
concurrent or repeated steps, as best determined by the Director in accordance with statutory
and bylaw requirements, Council priorities and policies, the type and magnitude of the
Application and staffing considerations:
a) Pre-Application meetings between Owner and Planning Staff are encouraged.
b) Owner submits complete Application and fees to District staff. Processing will not
commence until all the application requirements are met and accepted by the
Director. Staff will advise if the Application will not be processed and the
Applicant will have the opportunity to complete the Application.
c) The Director shall consider whether to exercise their delegated authority to require
Development Approval Information in accordance with Section 7, and the
Applicant shall provide such information if requested.
d) Staff refer the Application to internal departments for their review and comment.
41
e) Staff send the Applicant a Development Review Team (DRT) letter outlining the
District's comments on the Application and proposal and where necessary outline
the changes to the Application and proposal that may be needed for consistency
with District policies and bylaws.
f) The Applicant submits revisions to the Application including any revised plans.
g) Staff provide statutory notice of the Application.
h) Staff prepare a report for Council outlining the Application and presenting the draft
permit.
i) Council may, upon considering the Application, request additional information,
refer, table, approve, or deny the permit.
j) The Applicant is notified within 10 days of Council's decision.
k) If Council authorizes the issuance of a permit, the Director will complete the permit
and sign and issue it to the Owner, on satisfaction of pre-conditions to issuance
that may have been required by Council, if any.
l) Council or the Director may require security as a pre-condition to staff signing and
issuing the permit, in accordance with this Bylaw, and the Applicant shall provide
the security as: automatically renewing irrevocable letter of credit, bank draft or
cash. Otherwise, security is paid by the Applicant the earlier of before undertaking
any activity authorized by the permit or applying for a building permit.
m) Council or the Director may require the Owner to give an undertaking to demolish
or remove a building or other structure and restore land described in the permit to
a condition specified in the permit by a certain date. If required, this undertaking
will be attached to and form part of the permit.
n) After Council approval, the Applicant satisfies any pre-conditions to issuance by
staff. On satisfaction of pre-conditions, staff sign and issue the permit.
o) If issued the Director will file in the Land Title Office a notice in the form
prescribed for that purpose.
p) If necessary, the Applicant may subsequently apply to the Director for an
extension of the permit in accordance with the Bylaw.
(**Bylaw 4950, Apr. 13, 2026)