Development Procedures and Delegation Bylaw No. 2025-19 (Consolidated March 2026)
Penticton, British Columbia
· adopted 2025-08-19
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unofficial consolidation, the official version is held by the municipal clerk.
This is a consolidated bylaw prepared by the Corporation of the City of Penticton for
convenience only. The city does not warrant that the information contained in this
consolidation is current. It is the responsibility of the person using this consolidation to
ensure that it accurately reflects current bylaw provisions.
The Corporation of the City of Penticton
Development Procedures and
Delegation Bylaw
No. 2025-19
Consolidated for convenience only
Amended by:
On:
Bylaw No. 2026-14
March 17, 2026
Development Procedures and Delegation Bylaw No. 2025-19
Page 1 of 10
The Corporation of the City of Penticton
Bylaw No. 2025-19
A Bylaw to establish procedures to amend the Official Community Plan Bylaw or the Zoning Bylaw or to issue
a permit under the Local Government Act and to delegate the authority to issue permit in accordance with
section 154 of the Community Charter.
WHEREAS the Council of the City of Penticton has adopted an Official Community Plan and Zoning Bylaw;
AND WHEREAS the Council of the City of Penticton must, by bylaw, establish procedures to amend an
Official Community Plan or a Zoning Bylaw or issue a permit;
NOW THEREFORE the Municipal Council of The Corporation of the City of Penticton in open meeting
assembled ENACTS as follows:
1. Title
This Bylaw may be cited for all purposes as "Development Procedures and Delegation Bylaw No.
2025-19."
2. Scope
This Bylaw shall apply to applications:
a) to amend the Official Community Plan;
b) to amend the Zoning Bylaw;
c) for a Land Use Permit;
d) for approval pursuant to s. 242(3) of the Strata Property Act of a strata plan of a previously
occupied building with four (4) Dwelling Units or less; and
e) for issuance or amendment of a licence pursuant to s. 38 of the Liquor Control and Licensing
Act.
3. Definitions
In this Bylaw:
"Applicant" means the owner(s) of the land whose name appears on the registered title certificate,
or a person authorized in writing by the owner(s) to make an application on behalf of all owners of
the land.
"Building Footprint" has the same meaning as in the Zoning Bylaw, as amended or superseded.
"City" means The Corporation of the City of Penticton.
"Council" means the municipal Council of the City.
"General Manager of Development Services" means the person assigned to that position by the
City or their designate responsible for acting in their place.
"Dwelling Unit" has the same meaning as in the Zoning Bylaw, as amended or superseded.
Development Procedures and Delegation Bylaw No. 2025-19
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"Fees and Charges Bylaw" means the City of Penticton Fees and Charges Bylaw 2014-07 as
amended or superseded.
"Fence" has the same meaning as in the Zoning Bylaw, as amended or superseded.
"File Manager" means a staff member assigned by the General Manager of Development Services
to process an application in accordance with this Bylaw.
"Height" has the same meaning as in the Zoning Bylaw, as amended or superseded.
"Land Use Permit" means a development permit, a temporary use permit, a development variance
permit, a Minor Variance Development Variance Permit, or a permit under Division 10 of Part 14 of
the Local Government Act.
"Landscape Buffer" has the same meaning as in the Zoning Bylaw, as amended or superseded.
"Lot Area" has the same meaning as in the Zoning Bylaw, as amended or superseded.
"Lot Coverage" has the same meaning as in the Zoning Bylaw, as amended or superseded.
"Lot Width" has the same meaning as in the Zoning Bylaw, as amended or superseded.
"Minor Variance Development Variance Permit" or "Minor Variance DVP" means a development
variance permit that varies the following:
a)
a setback regulation by no more than 25%;
b)
a building footprint, carriage house floor area, lot coverage, or height regulation
by no more than 10%;
c)
landscaping and screening regulations;
d)
a provision of the Sign Regulation Bylaw, as amended or superseded;
e)
a fence or retaining wall height regulation;
f)
a lot coverage or setback regulation in a phased strata subdivision;
g)
the siting of projections in a required yard; or
h)
the number of off-street parking spaces that may be designed as small car
parking spaces.
"Official Community Plan" means the City of Penticton Official Community Plan Bylaw as amended
or superseded.
"Retaining Wall" has the same meaning as in the Zoning Bylaw, as amended or superseded.
"Setback" has the same meaning as in the Zoning Bylaw, as amended or superseded.
"Technical Planning Committee" means a committee of staff representatives assembled to discuss
technical, infrastructure and other matters related to development applications.
Development Procedures and Delegation Bylaw No. 2025-19
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"Zoning Bylaw" means the City of Penticton Zoning Bylaw as amended or superseded.
4.
Submission of Applications
4.1
Applications shall be submitted to the Planning Department.
4.2
Applications shall be signed by all owners of land whose names appear on the registered
title certificate or by a person authorized in writing by all such owners to make an
application on behalf of all owners of the land.
4.3
Every application shall include the supporting documentation and attachments specified in
writing from time to time by the General Manager of Development Services in respect of
the type of application in question, which specifications the General Manager of
Development Services must make available to Applicants on request and without charge.
4.4
Upon receipt of an application that does not conform to this Bylaw, the File Manager may:
a.
refuse to accept the application; or
b.
process the application in accordance with this Bylaw if, in the opinion of the File
Manager, the content of the application is sufficient to proceed for further
consideration notwithstanding its deficiencies.
4.5
When refusing to accept an application, the File Manager will endeavour to inform the
Applicant of the requirements that must be met for the application to comply with this
Bylaw.
5.
Fees
5.1
All applications shall include payment in full of the applicable fees prescribed in the Fees
and Charges Bylaw.
5.2
Applications that do not comply with Section 5.1 shall be deemed incomplete and will not
proceed until the required payment is made.
6.
Application Referrals and Lapses
6.1
Prior to consideration by Council or the General Manager of Development Services,
applications shall be referred, for a minimum of ten (10) business days, to City departments
and external agencies as required by legislation or as deemed appropriate by the File
Manager.
6.2
Prior to consideration by Council or the General Manager of Development Services, after
the referrals under Section 6.1 have occurred, the File Manager may forward any application
to the Technical Planning Committee for review.
6.3
If the File Manager determines an application is incomplete, the applicant will be requested
to provide the required information. If the required information has not been provided
within three (3) months the application will be closed and application fees refunded if
applicable as per the Fees and Charges Bylaw.
Development Procedures and Delegation Bylaw No. 2025-19
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6.4
Upon written request by the applicant prior to the lapse of the application under s.6.3, the
General Manager of Development Services may extend the deadline for a period of six (6)
months.
7.
Reports
7.1
Where Council will consider an application within the scope of this Bylaw, Council shall be
provided with the following items for consideration:
a.
a report prepared by the File Manager;
b.
a copy of the proposed permit, plan or amending bylaw, as
applicable; and
c.
any additional materials deemed necessary by the File Manager for Council's
consideration.
7.2
Where the General Manager of Development Services will consider an application pursuant
to this Bylaw, they shall be provided with the following items for consideration:
a.
a briefing note prepared by the File Manager;
b.
a copy of the proposed Development Permit, Minor Variance DVP, or
strata plan of a previously occupied building, as applicable, and
c.
any additional materials deemed necessary for the General Manager of
Development Services' consideration by the File Manager.
8.
Delegation of Development Permit Issuing Authority
8.1
Council delegates its powers to the General Manager of Development Services to issue
development permits authorizing:
a.
additions to existing buildings where the gross floor area of the addition is less
than 930m²;
b.
amendments to existing development permits dealing with the form and
character of development that do not substantially alter the form and character
approved in the original permit;
c.
façade alterations on existing buildings;
d.
construction of multi-family residential buildings to a maximum of six stories in
height and with a maximum gross floor area of 2,800 m2;
e.
construction of commercial buildings containing one or more residential units to
a maximum of six stories in height and with a maximum gross floor area of 2,800
m2;
f.
commercial construction with a gross floor area of up to 2,800 m2;
Development Procedures and Delegation Bylaw No. 2025-19
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g.
development within the Environmental Development Permit Area;
h.
development within the Riparian Development Permit Area; and
i.
development within the Tenant Protection Permit Area. (Bylaw No. 2026-14)
9.
Exceptions and Limitations to General Manager of Development Services Powers
9.1
Notwithstanding Section 8, the General Manager of Development Services may not issue
a development permit when the application is submitted concurrently with an
application:
a.
to amend the Official Community Plan;
b.
to amend the Zoning Bylaw; and
c.
for a development variance permit, other than a Minor Variance DVP.
9.2
Notwithstanding Section 11, the General Manager of Development Services shall not
issue a Minor Variance DVP when the application is submitted concurrently with an
application not delegated to staff.
10. Requirements for Security
10.1
Council delegates its powers to the General Manager of Development Services to require
security as a condition of Land Use Permit issuance.
10.2
The amount of security required under Section 10.1 shall be:
a.
an estimate or quote provided by the Applicant or obtained by the City, prepared
by a professional qualified to undertake or supervise the works for which the
securities are required; or
b.
$5000 per Dwelling Unit
and the Applicant may be required to add a contingency amount of up to 25% to an
amount of security determined under this Bylaw.
10.3
Landscape inspections of the installation of plant material, sodding or seeding shall not
be completed by staff between November 1st and April 1st due to weather conditions,
unless otherwise approved by the General Manager of Development Services.
11. Delegation of Minor Variance DVP Issuing Authority
11.1
Council delegates its powers to the General Manager of Development Services to issue
Minor Variance DVPs.
11.2
The General Manager of Development Services must consider the following guidelines in
deciding whether to issue a Minor Variance DVP:
Development Procedures and Delegation Bylaw No. 2025-19
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a.
comments received from the public, if any;
b.
applicable City bylaws, policies and guidelines;
c.
neighbourhood context;
d.
impact to neighbouring properties or uses; and
e.
any other considerations the General Manager of Development Services considers
relevant or appropriate in the circumstances.
11.3
If the General Manager of Development Services has determined that the application is for
a Minor Variance DVP and has considered the guidelines in this Bylaw they may issue the
Minor Variance DVP and include any conditions they consider appropriate.
12. Delegation of Liquor Licence Applications
12.1
Council delegates its powers under s. 38 of the Liquor Control and Licensing Act to the
City's General Manager of Development Services, or in their absence, to the Planning and
Licensing Manager, to be exercised in accordance with Council Policy #2021-03 as
amended or superseded.
13. Delegation of Strata Conversion Approval/Refusal Authority
13.1
In accordance with Section 242 (10) of the Strata Property Act, Council delegates its powers
under section 242(3) of the Strata Property Act to approve or refuse a strata plan of a
previously occupied building with four (4) Dwelling Units or less, to the General Manager of
Development Services.
14. Reconsideration of General Manager of Development Services Decision
14.1
An Applicant is entitled to have Council reconsider a decision of the General Manager of
Development Services or the Planning and Licensing Manager in accordance with the
following procedures:
a.
within 30 days of receiving the General Manager of Development Services' or
Planning and Licensing Manager's decision, the Applicant must submit a written
request for reconsideration and pay the prescribed fee;
b.
the File Manager shall prepare a report to Council in accordance with Section 7 of
this Bylaw, including the reasons for the original decision;
c.
at a date and time set by the Corporate Officer, the Applicant shall be provided
an opportunity to appear before Council and be heard for a period of five
minutes regarding the decision; and
d.
following the Applicant's opportunity to be heard, Council may either confirm the
original decision or render a different decision.
15. Permit Applications Considered by Council
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15.1
Upon receipt of an application for a Land Use Permit, Council may, by resolution, authorize
the issuance of the Land Use Permit, authorize the issuance of the Land Use Permit subject
to conditions, including conditions respecting security or refuse to authorize the issuance of
the Land Use Permit.
15.2
Where staff recommends denial of a development variance permit, the Applicant shall be
provided an opportunity to appear before Council and be heard for a period of five minutes
prior to Council considering a resolution under s.15.1.
16. Notification and Consultation Requirements
16.1
Where Council or the General Manager of Development Services proposes to approve an
application for a development permit, or where approval of a Minor Variance DVP is
delegated to the General Manager of Development Services, no notification is required.
16.2
Prior to final consideration of an application for a development variance permit, by
Council staff shall deliver notification in accordance with Section 499 of the Local
Government Act to:
a.
all owners and tenants of the land that is subject to the proposed permit; and
b.
all owners and tenants of lands any portion of which is within 100 metres of the
land that is subject to the proposed permit.
16.3
Prior to final consideration of an application for a temporary use permit by Council,
excluding an application for renewal of a temporary use permit, staff shall deliver
notification in accordance with Section 494 of the Local Government Act to:
a.
all owners and tenants of the land that is subject to the proposed permit; and
b.
all owners and tenants of lands any portion of which is within 100 metres of the
land that is subject to the proposed permit.
16.4
Prior to final consideration of an application for a development variance permit or
temporary use permit, excluding an application for renewal of a temporary use permit,
and only after notification has been carried out in accordance with this Bylaw, all persons
who believe their interests are affected by the proposed permit shall be afforded
reasonable opportunity to present written submissions respecting matters relating to the
permit.
16.5
Council may receive and consider representations and give final consideration and
approval, approval with conditions, or reject a development variance permit or
temporary use permit at the same meeting.
16.6
Where Council proceeds with a public hearing, or prior to first reading if no public
hearing will be held, notice shall be mailed or otherwise delivered by the Planning
Department at least ten days before the date of the hearing to:
a.
all owners and tenants of the land that is subject to the proposed amendment,
and
Development Procedures and Delegation Bylaw No. 2025-19
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b.
to owners and tenants of lands any portion of which is within 100 metres of the
land that is subject to the proposed amendment.
16.7
Notification distances shall be measured from the legal boundary of the parcel or parcels
in respect of which the permit or amendment application is made.
17. Requirements to Post a Sign on the Subject Property
17.1
All applicants applying for an Official Community Plan amendment or a Zoning Bylaw
amendment shall post a sign on the subject property that is the subject of the amendment,
in accordance with this Bylaw.
17.2
Notwithstanding Section 17.1, posting a sign on the subject property is not required for
amendments to the Official Community Plan or Zoning Bylaw initiated by the City affecting
ten or more parcels, or for amendments to the Zoning Bylaw if no public hearing will be
held.
17.3
The sign shall contain the information prescribed by the General Manager of Development
Services and be erected on the subject property at least ten days before the date of the
public hearing and maintained in place until the day following the public hearing.
17.4
Where a sign under Section 17.1 must be erected, it shall be erected at the Applicant's cost
by the contractor designated by the City to fabricate and erect signs required by this bylaw.
17.5
The cost of posting the sign shall be specified in the Fees and Charges Bylaw.
18. Requirements to Maintain Signage and Failure to Post a Sign
18.1
The Applicant shall promptly have the sign repaired by the City sign contractor, at the
Applicant's cost, if the sign is destroyed or damaged such that it no longer conveys the
information prescribed by the General Manager of Development Services or if the sign is
removed.
18.2
If an Applicant fails to post or maintain the sign in accordance with this Bylaw, Council may:
a.
postpone consideration of the application until the sign is posted in accordance
with this Bylaw; or
b.
reject the application.
18.3
If a sign is deliberately or accidentally removed, damaged or destroyed, the Applicant is
deemed to have complied with the requirement to post and maintain notice under this
bylaw if:
a.
the Applicant made a reasonable effort to comply with this Bylaw; and
b.
the removal, damage or destruction of the sign was not the result of a deliberate or
negligent action by the Applicant.
19. Reapplication
19.1
An application within the scope of this Bylaw that has been refused by Council shall not be
Development Procedures and Delegation Bylaw No. 2025-19
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re-submitted within a six-month period immediately following the date of refusal.
20. Offences, Penalties and Enforcement
20.1
Every person who:
a.
commences construction of, an addition to, or alteration of a building or other
structure within a development permit area designated by the City under Section
488(1) of the Local Government Act;
b.
alters land within a development permit area designated by the City under Section
488 (1) (a) or (b) of the Local Government Act; or
c.
alters land or a building or other structure on land within a development permit
area designated by the City under Section 488 (1) (d), (h), (i) or (j) of the Local
Government Act;
shall first obtain a development permit, unless an exemption applies.
20.2
Every person who obtains a Land Use Permit or any other approval under this bylaw shall
strictly comply with the terms and conditions of the approval and shall develop land strictly
in accordance with the Land Use Permit.
20.3
Every person who:
a.
violates a provision of this bylaw;
b.
permits, suffers or allows any act to be done in violation of any provision of this
bylaw;
c.
neglects to do anything required to be done under any provision of this bylaw; or
d.
allows a violation of this bylaw to continue;
commits an offence and each day a violation, contravention or breach of this bylaw
continues is deemed to be a separate offence.
21. Repeal
21.1
The City of Penticton "Development Procedures and Delegation Bylaw No. 2023-42" and
amendments thereto are hereby repealed upon the adoption of this bylaw.
READ A FIRST time this
15 day of
July, 2025
READ A SECOND time this
15 day of
July, 2025
READ A THIRD time as amended
this
15 day of
July, 2025
ADOPTED this
19 day of
August, 2025
Development Procedures and Delegation Bylaw No. 2025-19
Page 10 of 10
Julius Bloomfield, Mayor
Angie Collison, Corporate Officer