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unofficial consolidation, the official version is held by the municipal clerk.
The contents of this Bylaw are produced and consolidated for convenience only. Every effort has been
made to ensure the accuracy and completeness of the material, however, the Town cannot guarantee its
legal accuracy and does not accept responsibility for loss or inconvenience suffered by users as a result of
inaccuracies. Please be advised that this material is not admissible in a court of law in accordance with
the Evidence Act of British Columbia. For such purposes certified copies of Bylaws must be obtained
from the Corporate Officer.
TOWN OF SIDNEY
BYLAW NO. 1380
(CONSOLIDATED)
Amendment Bylaws have been incorporated in to this document.
A BYLAW TO ESTABLISH APPLICATION PROCEDURES FOR AMENDMENT TO THE
OFFICIAL COMMUNITY PLAN BYLAW OR THE LAND USE BYLAW AND THE ISSUE OF A
PERMIT UNDER PART 26 OF THE LOCAL GOVERNMENT ACT.
The Council of the Town of Sidney in open meeting assembled, enacts as follows:
1.
Citation
This Bylaw may be cited for all purposes as the Town of Sidney "Land Use Procedures
Bylaw 1380, 1997."
2.
Application of Permit
This Bylaw shall only apply to the following:
2.1
Amendments to:
a)
the Official Community Plan Bylaw
b)
the Zoning Bylaw.
2.2
Issuance of:
a)
Development Permits
b)
Development Variance Permits
c)
Temporary Commercial and Industrial Use Permits
3.
Amendments to Official Community Plan Bylaw or Zoning Bylaw
3.1
An application for an amendment to the Official Community Plan Bylaw or the Zoning
Bylaw shall be made by the owner of the land which is the subject of the application or
by a person authorized, in writing, by the owner.
3.2
An application for an amendment shall be made to the Planning Department of the
Town of Sidney on the applicable forms attached hereto as Schedule "A" and forming a
part of this Bylaw.
3.3
An application will not be considered unless all applicable information as outlined in the
Town of Sidney Policy on Planning Procedures is received.
3.4
At the time of application for an amendment, the applicant shall pay to the Town an
application fee in the amount set out in Schedule "B" attached hereto and forming part
of the Bylaw, with the exception of that which is stipulated under Section 3.4.1.
Bylaw 1380 (Consolidated)
Land Use Procedures Bylaw page 2
3.4.1 Where 10 or more adjacent or adjoining properties, comprising single and/or two-family
dwellings make application for an amendment to the Official Community Plan and/or
Zoning Bylaw, and provided that at least 10 of these properties are owned by different
owners, then the cost of the application as set out in the attached Schedule "B" will
consist of only the advertising fee ($1,500.00) + 10% for administration costs. This
exception shall only apply to OCP and Zoning Amendment applications which involve
changes to single and two-family uses.
3.5
When an application for an amendment has been received, the applicant shall install a
Notice of Development Application sign on the subject property within two weeks. A
Notice of Development Application sign shall be:
a)
Designed in accordance with Schedule "D" forming a part of this bylaw;
b)
Professionally prepared;
c)
Installed on private property along the frontage of the property;
d)
Installed on stakes, posts, or attached to a fence located on private property; and
e)
Legible from the street.
3.6
An application for an amendment will not be added to a Committee of the Whole or
Council meeting agenda for review until a Notice of Development Application sign has
been installed on the subject property in accordance with the provisions contained in this
bylaw. The applicant shall provide proof of the installation of the sign to Development
Services staff.
3.7
A Notice of Development Application sign shall remain installed on the subject property
for the duration of the amendment application process. It shall be removed by the
applicant after the application process is complete.
3.8
Where an application for an amendment has been received, notice of the development
application shall be mailed within two weeks to the owners as shown on the assessment
roll as at the date of receipt of the application, and to any tenants in occupation as at the
date of receipt of the application, of all parcels, any part of which is:
a)
the subject of the bylaw amendment; or
b)
within 100 metres (328 feet) of the part of the land that is subject to the
application.
3.9
In the case of an application to amend a bylaw, the application shall be processed by
the Municipal Planner who will deal with the application as established by the Town of
Sidney Policy on Planning Procedures.
3.10
Where an application is approved to proceed to bylaw for an amendment of the Official
Community Plan Bylaw or Zoning Bylaw, notice shall be given in accordance with the
Local Government Act to the owners as shown on the assessment roll as at the date of
the first reading of the bylaw, and to any tenants in occupation, as at the date of the
mailing or delivery of the notice, of all parcels, any part of which is:
a)
the subject of the bylaw amendment; or
b)
within 100 metres (328 feet) of the part of the land that is subject to the
application.
Bylaw 1380 (Consolidated)
Land Use Procedures Bylaw page 3
3.11
Upon receipt of the application and subsequent reports, Council may proceed with an
amendment bylaw or may reject the application. Where an application has been
refused by Council, the Clerk shall notify the applicant in writing within thirty (30) days
immediately following the date of refusal.
4.
Development Permit
4.1
An application for a Development Permit shall be made by the owner of the land which
is the subject of the application or by a person authorized, in writing, by the owner.
4.2
An application for a Development Permit shall be made to the Planning Department of
the Town of Sidney on the applicable forms attached hereto as Schedule "A" and
forming a part of this Bylaw.
4.3
An application will not be considered unless all applicable information as outlined in the
Town of Sidney Policy on Planning Procedures is received.
4.4
At the time of application for the Development Permit, the applicant shall pay to the
Town an application fee in the amount as set out in Schedule "B" attached hereto and
forming a part of this Bylaw.
4.5
Where an application for a Development Permit (Major) for a property designated
Downtown Commercial (COM-1) in the Official Community Plan Bylaw has been
received, notice of the development application shall be mailed within two weeks to the
owners as shown on the assessment roll as at the date of receipt of the application, and
to any tenants in occupation as at the date of receipt of the application, of all parcels,
any part of which is:
a)
the subject of the bylaw amendment; or
b)
within 75 metres (246 feet) of the part of the land that is subject to the
application.
4.6
In the case of an application for Development Permit, the application shall be processed
by the Municipal Planner who will deal with the application as established by the Town of
Sidney Policy on Planning Procedures.
4.6.1 Upon receipt of an application and all necessary reports, the Director of Development
Services may approve and issue a Development Permit (Minor) as proposed in the
application. The Director of Development Services may not reject any application but
must forward any application which he does not approve to Council for further
consideration. (A minor application for the purpose stated above are for projects in
which there is no increase in gross floor area or reduction in the number of off-street
parking spaces.)
4.6.2 Upon receipt of the application for Development Permit (Major), or a Development
Permit (Minor), which the Director of Development Services has not approved, Council
may:
a)
Authorize the issuance of the permit as proposed in the application and issue a
permit as set out in Schedule "C" of this Bylaw;
b)
Authorize the issuance of the permit on such terms as may be specified by
Council and issue a permit as set out in Schedule "C" of this Bylaw; or
c)
Refuse to authorize the issuance of the permit.
Bylaw 1380 (Consolidated)
Land Use Procedures Bylaw page 4
4.7
Where an application has been refused by Council, the Clerk shall notify the applicant in
writing within 30 (thirty) days immediately following the date of refusal.
4.8
a)
Upon approval of the Development Permit, Council may require that the
applicant for the Development Permit provide security to the Town in the amount
of 25% of the Construction cost stated on the permit. This payment may be paid
in the form of an irrevocable letter of credit, cash or bond.
b)
Council may undertake at the expense of the holder of the permit, the work,
construction or other activities required to satisfy the landscaping condition,
correct an unsafe condition or correct damage to an environmental condition.
5.
Development Variance Permit
5.1
An application for a Development Variance Permit shall made by the owner of the land
which is the subject of the application or by a person authorized, in writing, by the
owner.
5.2
An application for a Development Variance Permit shall be made to the Planning
Department of the Town of Sidney on the applicable forms attached hereto as Schedule
"A" and forming a part of this Bylaw.
5.3
An application will not be considered unless all applicable information as outlined in the
Town of Sidney Policy on Planning Procedures is received.
5.4
At the time of application for the Development Variance Permit, the applicant shall pay
to the Town an application fee in the amount as set out in Schedule "B" attached hereto
and forming a part of this Bylaw.
5.5
In the case of an application for Development Variance Permit, the application shall be
processed by the Municipal Planner who will deal with the application as established by
the Town of Sidney Policy on Planning Procedures.
5.6.
Where an application has received approval to proceed with a Development Variance
Application, notice shall be given in accordance with the Local Government Act to the
owners as shown on the assessment roll as at the date of application for the permit, and
to any tenants in occupation, as at the date of the mailing or delivery of the notice, of all
parcels, any part of which is:
a)
the subject of the permit; or
b)
within 75 metres (246 feet) of the part of the land that is subject to the permit.
5.7.
Upon receipt of the application, responses from the public and all necessary reports
Council may:
a)
authorize the issuance of the permit as proposed in the application and issue a
permit as set out in Schedule "C" of this Bylaw;
b)
authorize the issuance of the permit on such terms as may be specified by
Council and issue a permit as set out in Schedule "C" of this Bylaw; or
c)
refuse to authorize the issuance of the permit.
5.8
Where an application has been refused by Council, the Clerk shall notify the applicant in
writing within 30 (thirty) days immediately following the date of refusal.
Bylaw 1380 (Consolidated)
Land Use Procedures Bylaw page 5
6.
Temporary Commercial or Industrial Use Permits
6.1
An application for a permit shall be made by the owner of the land which is the subject
of the application or by a person authorized, in writing, by the owner.
6.2
An application for a permit shall be made to the Planning Department of the Town of
Sidney on the applicable forms attached hereto as Schedule "A" and forming a part of
this Bylaw.
6.3
An application will not be considered unless all applicable information as outlined in the
Town of Sidney Policy on Planning Procedures is received.
6.4
At the time of application for a permit, the applicant shall pay to the Town an application
fee in the amount as set out in Schedule "B" attached hereto and forming a part of this
Bylaw.
6.5
In the case of an application to amend a permit, the application shall be processed by
the Municipal Planner who will deal with the application as established by the Town of
Sidney Policy on Planning Procedures.
6.6.
Where an application is approved to proceed, notice shall be given in accordance with
the Local Government Act to the owners as shown on the assessment roll as at the date
of application for the permit, and to any tenants in occupation, as at the date of the
mailing or delivery of the notice, of all parcels, any part of which is:
a)
the subject of the permit; or
b)
within 75 metres (246 feet) of the part of the land that is subject to the permit.
6.7
Upon receipt of the application, responses from the public and all necessary reports,
Council may:
a)
authorize the issuance of the permit as proposed in the application and issue a
permit as set out in Schedule "C" of this Bylaw;
b)
authorize the issuance of the permit on such terms as may be specified by
Council and issue a permit as set out in Schedule "C" of this Bylaw; or
c)
refuse to authorize the issuance of the permit.
6.8
Where an application has been refused by Council, the Clerk shall notify the applicant in
writing within 30 (thirty) days immediately following the date of refusal.
7.
Repealing of Bylaw
Bylaw No. 801 being the Town of Sidney's "Rezoning Fee Assessment and Procedure
Bylaw 801", together with all amendments thereto is hereby repealed.
Introduced and read a first time the 10th day of March, 1997.
Read a second time the 10th day of March, 1997.
Read a third time the 10th day of March, 1997.
Reconsidered and finally adopted the 24th day of March 1997.
(original signed)___________________
_(original signed)__________________
MAYOR
CLERK
Bylaw 1380 (Consolidated)
Land Use Procedures Bylaw page 6
_____________________________________
(amendment 01) Bylaw No. 1517
(amendment 02) Bylaw No. 1599
(amendment 03) Bylaw No. 1743
(amendment 04) Bylaw No. 2091
(amendment 05) Bylaw No. 2153
(amendment 06) Bylaw No. 2205
Bylaw 1380 (Consolidated)
Land Use Procedures Bylaw page 7
Schedule "A"
APPLICATION FORM
TOWN OF SIDNEY
APPLICATION FOR OFFICIAL COMMUNITY PLAN AMENDMENT, ZONING AMENDMENT
AND APPLICATION FOR PERMIT
1.
I hereby make application for a (check applicable box),
Development Permit: Minor
Development Permit: Major
Development Variance Permit
Temporary Commercial or Industrial Permit
Official Community Plan Amendment
Zoning Amendment
for the property described as,
Lot(s)_____, Block ______, Range______ Section(s)______, North Saanich District,
Plan_______
Civic Address: _______________________________________________________
2.
Are there any buildings on the site now?
Yes
No
If yes, current use is
___________________________________________________________________
___________________________________________________________________
3.
The present OCP designation of the property is _____________________________
4.
The property is within a Development Permit Area
Yes
No
5.
The present zoning of the property is
__________________________________
6.
If the application is for a Development Variance Permit:
The following variance is requested from Bylaw ________ Section ____________:
(please provide detailed description of the variance below)
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
7.
Full Description of Proposed Development
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
(including plans and specifications attached hereto, in conformance with the Town
of Sidney Application Checklist)
Bylaw 1380 (Consolidated)
Land Use Procedures Bylaw page 8
8.
Registered owner(s) of the property: (PLEASE PRINT CLEARLY)
Name(s)*:
______________________________________________________
______________________________________________________
Address:
______________________________________________________
Telephone:
Business _____________
Other __________ Email ___________
9.
If the applicant is not the owner: (PLEASE PRINT CLEARLY)
Name(s)*:
______________________________________________________
___________________________________________________________
Address:
______________________________________________________
Telephone:
Business _____________
Other __________ Email ___________
* If the registered owner or applicant is a corporation, please provide the
corporation name and name of the signatory who must have signing authority
(e.g. a director). If more than one individual is registered as the owner, please
provide all names. Don't forget to also provide all signatures!
If the application is for a strata lot or building, a signed statement from the Strata
Council approving of the application is required.
I hereby declare that all the above statements and the information contained in the material(s)
submitted in support of this application are to the best of my belief true and correct in all
respects.
__________________________________
____________________________
Owner's Signature
Applicant's Signature
Bylaw 1380 (Consolidated)
Land Use Procedures Bylaw page 9
Schedule "B"
APPLICATION FEES
1.
The following fees shall be paid to the Town of Sidney by the applicant upon submission
of applications provided for in this Bylaw:
Single and Two Family Applications
Amendment to Official Community Plan Bylaw
$1,300.00 +
$1,500.00 Public Hearing +
$300.00 mail-out deposit
Amendment to Zoning Bylaw
$1,300.00 +
$1,500.00 Public Hearing +
$300.00 mail-out deposit
Joint Zoning and OCP
$1,800.00 +
$1,500.00 Public Hearing +
$300.00 mail-out deposit
Other Uses:
Amendment to Official Community Plan Bylaw
$1,700.00 +
$1,500.00 Public Hearing +
$300.00 mail-out deposit
Amendment to Zoning Bylaw
$1,700.00 +
$1,500.00 Public Hearing +
$300.00 mail-out deposit
Joint Zoning and OCP Application
$2,500.00 +
$1,500.00 Public Hearing +
$300.00 mail-out deposit
Temporary Use Permit
$1,700.00
Development Permit (Minor)
$150.00 flat fee
Development Permit (Major)
- for properties designated as Downtown
Commercial (COM-1) in the OCP Bylaw
$300.00 flat fee plus $50.00 per unit
of residential construction as per the
application.
$300.00 flat fee plus $0.50 × sq.m. of
floor area as per application for all
other uses.
+$300.00 mail-out deposit
(And the Cumulative total of both when the development has both more than one use.)
Notwithstanding the above, Development Permit fees are WAIVED from
January 1, 2021 to December 31, 2021 for exterior modifications providing
weather protection to outdoor seating areas for businesses that include food
services.
Development Variance Permit
$250.00
2.
The deposit of $300 is to recover the cost of mailing the Notice of Development
Application. If the actual cost associated with this mailing is less than the amount of the
deposit, the difference shall be refunded to the applicant. If the actual cost is greater,
the applicant shall pay the difference.
Bylaw 1380 (Consolidated)
Land Use Procedures Bylaw page 10
Schedule "C"
PERMIT
TOWN OF SIDNEY
PERMIT
NO. DP_______
TO:
ADDRESS:
1.
This Permit is issued subject to compliance with all of the Bylaws of the
Municipality applicable thereto, except as specifically varied or supplemented by
this Permit.
2.
This Permit applies to and only to those lands within the Municipality described
below, and any and all buildings, structures and other development therein:
LOT
BLOCK
SECTION
RANGE
DISTRICT
PLAN
PROPERTY ADDRESS:
3.
The Zoning Bylaw
The Subdivision Control Bylaw
Section 488 to 498 of the Local Government Act
is/are varied or supplemented as follows:-
In conformance with the ______________ Development Permit Area
Objectives and Guidelines of Official Community Plan 1920, a Development
Permit
is
hereby
issued
to
permit
the
construction
___________________________________________ on the subject property,
subject to the following conditions:
1.
___________________________________________
2.
___________________________________________
Land Titles Registration No. _____
Bylaw 1380 (Consolidated)
Land Use Procedures Bylaw page 11
4.
The Development shall be carried out according to the following time schedule:
Completion of the project within 1 year of the date of the issuance of a
building permit.
5.
As a condition of the issuance of this Permit, Council is holding the security set
out to ensure that Development is carried out in accordance with the terms and
conditions of this Permit. Should any interest be earned upon the security, it
shall accrue to the Permittee and be paid to the Permittee if the security is
returned. The condition of the posting of the security is that should the Permittee
fail to carry out the development hereby authorized, according to the terms and
conditions of this Permit within the time provided, the Municipality may use the
security to carry out the work by its employees, agent or contractors, and any
surplus shall be paid over to the Permittee, or should the Permittee carry out the
development permitted by this Permit within the time set out above, the security
shall be returned to the Permittee. There is filed accordingly:
(a)
A Bearer Bond in the amount of
n/a
(b)
A Performance Bond in a form acceptable to the Municipality in the
amount of
n/a
(c)
An Irrevocable Letter of Credit in the amount of
n/a
(d)
A Certified Cheque in the amount of
n/a
6.
The land described herein shall be developed strictly in accordance with the
terms and conditions and provisions of this Permit and any Plans and
Specifications attached to this Permit, which shall form a part hereof.
Sheets _______, Development Permit No. DP______
7.
If the Permittee does not commence the development permitted by this Permit
within 2 years, of the date of this Permit, this Permit shall lapse.
8.
This Permit is not a Building Permit.
Authorizing Resolution passed by the Council the
day of
Issued this
day of
CORPORATE OFFICER
(Leave space for Town Crest)
TOWN OF SIDNEY
NOTICE OF DEVELOPMENT APPLICATION
(address)
This property is subject to a Zoning Bylaw amendment and/or Official
Community Plan amendment application. The property owner is
proposing to construct _____
This property is also subject to a Development Permit and/or
Development Variance Permit application.
Applicant information:
Name:
Telephone:
Email:
For further information, please contact the Town of Sidney
Development Services Department at 250-656-1725, or go to www.sidney.ca
Schedule "D"
NOTICE OF DEVELOPMENT APPLICATION SIGN
(location map)