Development Application Procedures Bylaw No.2020-026 - Consolidated to April 9, 2024
Summerland, British Columbia
· adopted 2024-04-09
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Consolidated to April 9, 2024
THE CORPORATION OF THE DISTRICT OF SUMMERLAND
BYLAW NUMBER 2020-026
DEVELOPMENT APPLICATION PROCEDURES BYLAW
CONSOLIDATED FOR CONVENIENCE TO INCLUDE: Bylaw 2023-010; 2024-010
A Bylaw to establish procedures for the processing of land development applications including
amendments to an Official Community Plan, Zoning Bylaw amendments, Development Permits,
Development Variance Permits, Temporary Use Permits, Agricultural Land Commission
Applications and Retail Store, Cannabis Licence Applications under Part 14 of the
Local Government Act.
WHEREAS under Section 460 (1) of the Local Government Act, Council shall, by bylaw, define
procedures under which an owner of land may apply for an amendment of an official
community plan or a zoning bylaw, or the issuance of a development, development variance or
temporary use permit;
AND WHEREAS Section 486 of the Local Government Act, Council must, by bylaw, establish
procedures and policies on the process for requiring development application information
under this Division and the substance of the information required;
AND WHEREAS Section 487 (1) of the Local Government Act, if a bylaw under Section 486 is
adopted, the local government or an officer or employee authorized by the bylaw may require
an applicant for any of the following to provide development application information to the local
government:
a) an amendment to a zoning bylaw;
b) a development permit;
c) a temporary use permit;
AND WHEREAS Council has designated areas within which Temporary Use Permits are
required;
AND WHEREAS Council has designated areas within which Development Permits are
required;
AND WHEREAS Section 502 of the Local Governmental Act, require that the applicant for a
permit under Part 14 of the Local Government Act provide security in an amount stated in the
permit by an irrevocable letter of credit or the deposit of securities in a form satisfactory to the
local government;
AND WHEREAS Council may, pursuant to the Liquor Control and Licensing Act and Cannabis
Control and Licensing Act impose fees to recover the cost of providing comments or
recommendations on license applications made under those Acts;
AND WHEREAS Section 154(1)(b) of the Community Charter empowers Council to delegate its
powers, duties and functions, including those specifically established by an enactment to its
officers and employees, its committees or its members or to other bodies established by
Council;
Consolidated to April 9, 2024
AND WHEREAS Council considers that there are a number of circumstances where delegation
would foster good government;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Summerland, in
open meeting assembled, HEREBY ENACTS AS FOLLOWS:
Consolidated to April 9, 2024
Table of Contents
THE CORPORATION OF THE DISTRICT OF SUMMERLAND BYLAW NUMBER 2020-026 ................................................................... 1
DEVELOPMENT APPLICATION PROCEDURES BYLAW ........................................................................................................................ 1
SECTION 1 - INTRODUCTION ......................................................................................................................................................... 2
1.1
Title .................................................................................................................................................................................. 2
1.2
Scope ............................................................................................................................................................................... 2
1.3
Powers, Duties and Functions of Council ......................................................................................................................... 2
1.4
Delegation to Persons Holding Position .......................................................................................................................... 2
1.5
Definitions ....................................................................................................................................................................... 3
SECTION 2 - GENERAL PROVISIONS .............................................................................................................................................. 6
2.1
MAKING APPLICATION ............................................................................................................................................................... 6
2.2
CHANGE OF OWNERSHIP ............................................................................................................................................................ 6
2.3
DELEGATION OF AUTHORITY ....................................................................................................................................................... 7
a)
Development Application Information ................................................................................................................................ 7
b)
Performance Security ........................................................................................................................................................... 7
c)
Development Variance Permits, Minor ................................................................................................................................ 7
d)
Development Permits .......................................................................................................................................................... 7
2.4
DEVELOPMENT APPLICATION INFORMATION .................................................................................................................................. 8
2.5
COUNCIL RECONSIDERATION ..................................................................................................................................................... 10
2.6
APPLICATIONS CONSIDERED BY COUNCIL ..................................................................................................................................... 11
a)
Bylaw Amendments ........................................................................................................................................................... 11
b)
Development Permits, Development Variance Permits and Temporary Use Permits ....................................................... 11
c)
Agricultural Land Commission Applications ...................................................................................................................... 11
d)
Retail Store, Cannabis License Applications ....................................................................................................................... 11
2.7
PERFORMANCE SECURITY ......................................................................................................................................................... 12
a)
Form of Security ................................................................................................................................................................. 12
b)
Amount of Security ............................................................................................................................................................ 12
c)
Conditions of Security ........................................................................................................................................................ 12
2.8
NOTICE OF DECISION ............................................................................................................................................................... 12
2.9
INCOMPLETE APPLICATIONS ...................................................................................................................................................... 13
2.10
LAPSE OF APPLICATION ............................................................................................................................................................ 13
2.11
RE-APPLICATION ..................................................................................................................................................................... 13
SECTION 3 - APPLICATION FEES .................................................................................................................................................. 14
3.1
APPLICATION FEE REQUIREMENT ............................................................................................................................................... 14
3.2
REFUND OF APPLICATION FEES .................................................................................................................................................. 14
SECTION 4 - PUBLIC NOTIFICATION & CONSULTATION ............................................................................................................... 15
4.1
PUBLIC NOTIFICATION & CONSULTATION REQUIREMENTS .............................................................................................................. 15
Table 1 - Forms of Public Notification and Consultation ............................................................................................................ 15
4.2
PUBLIC NOTIFICATION SPECIFICATIONS ....................................................................................................................................... 16
a)
Developer-Directed Public Information Meetings.............................................................................................................. 16
b)
Scheduling of a Developer-Directed Public Information Meeting ...................................................................................... 16
c)
Posting a Development Notice Sign ................................................................................................................................... 16
d)
Neighbour Notification ...................................................................................................................................................... 19
e)
Website Notification .......................................................................................................................................................... 20
4.3
AGENCY REFERRAL PROCESS ..................................................................................................................................................... 21
5.0
REPEAL ................................................................................................................................................................................. 21
6.0
IRREGULARITY ........................................................................................................................................................................ 21
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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Consolidated to April 9, 2024
SECTION 1 - INTRODUCTION
1.1
Title
This Bylaw may be cited as "Development Application Procedures Bylaw No. 2020-026".
1.2
Scope
This bylaw applies to:
a) An application, by a party other than the District of Summerland, to amend:
i.
an Official Community Plan;
ii.
a Zoning Bylaw;
iii.
or both.
b) An application, by a party other than the District of Summerland, for a:
i.
Development Permit;
ii.
Development Variance Permit; or
iii.
Temporary Use Permit.
c) An application to the Agricultural Land Commission for one or more of the following:
i.
to include land into the Agricultural Land Reserve (ALR);
ii.
to exclude land from the ALR;
iii.
to subdivide land within the ALR;
iv.
to conduct a non-farm use in the ALR; or
v.
place fill on, or remove soil from, land in the ALR for non-farm purposes.
d) An application to the Liquor and Cannabis Regulation Branch to obtain or amend a;
i.
cannabis license.
1.3
Powers, Duties and Functions of Council
For clarity, subject to the Local Government Act, unless a power or duty or function of Council have
been expressly delegated by this bylaw or another municipal bylaw, all the powers, duties and
functions of Council remain with Council.
1.4
Delegation to Persons Holding Position
Where this bylaw delegates a power, duty or function to a named position, the delegation of the
power, duty or function is to the person who holds the position
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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Consolidated to April 9, 2024
1.5
Definitions
"Advisory Planning Commission (APC)" means an Advisory Planning Commission
established by the District from time to time.
"Agricultural Land Commission (ALC)" means the Agricultural Land Commission
established by the Agricultural Land Commission Act.
"Agricultural Land Reserve (ALR)" means the Agricultural Land Reserve designated by the
Agricultural Land Commission Act.
"Amending Bylaw" means a bylaw to change the provisions of an official community plan
or a zoning bylaw.
"Applicant" means the owner of the real property that is the subject of an application under
this Bylaw or any person designated by the owner in writing as the agent for the owner.
"Council" means the Municipal Council of the District of Summerland.
"Chief Administrative Officer (CAO)" means the person appointed by the District of Summerland
Council as CAO and any person who, from time to time, is the deputy CAO or is appointed by Council
to act in the capacity of the CAO in the CAO's absence.
"District" means the District of Summerland.
"Development Permit" means a permit authorized by section 489 of the Local Government Act.
"Development Services" means the Department responsible for Development Services.
"Development Variance Permit" means a permit authorized by section 498 of the
Local Government Act.
"Development Variance Permit, Minor (Type I)" - A development variance permit that varies the
provisions of a bylaw for any of the following criteria0F1:
1.
Zoning Bylaw requirements with respect to siting, size and dimensions of buildings and
structures for the following:
a.
Minimum Yard Setbacks by no more than 15% of the minimum requirement
b.
Maximum Height by no more than 10% of the maximum requirement
c.
Maximum Floor Area Ratio by no more than 10% of the maximum requirement
d.
Maximum Lot Coverage by no more than 10% of the maximum requirement
e.
Projections into Setbacks
f.
Swimming Pools and Artificial Bodies of Water
g.
Building Envelope
h.
Renewable Energy Systems and Infrastructure
i.
Amenity Space
j.
Garbage Containment and Collection Facilities
2.
Zoning Bylaw requirements with respect to off-street parking and loading space requirements
(Section 6: Parking and Loading Regulations) for the following:
a. Designated Parking Spaces
1 Bylaw No. 2023-010 (March 13, 2023)
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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Consolidated to April 9, 2024
b. Shared and Off-Site Parking
c. Vehicle Parking Space Design Standards
d. Vehicle Parking Space Location and Access Standards
e. Loading Space Standards
f. Loading Space Location Standards
g. Lighting
3.
Zoning Bylaw requirements with respect to screening and landscaping (Section 5:
Landscaping Regulations), excluding Section 5.5 Fences and Retaining Walls.
4.
Sign Bylaw requirements
"Development Variance Permit, Minor (Type II)" - A development variance permit that varies the
provisions of a bylaw for any of the following criteria1F2:
1.
Zoning Bylaw requirements with respect to siting, size and dimensions of buildings,
structures, and uses, except those identified as a Development Variance Permit, Minor
(Type I)
2.
Zoning Bylaw requirements with respect to off-street parking and loading space
requirements (Section 6: Parking and Loading Regulations), except those identified as
Development Variance Permit, Minor (Type 1)
3.
Zoning Bylaw requirements with respect to siting, sizing, and dimensions of specific uses
(Section 7: Specific Use Regulations), except those identified as a Development Variance
Permit, Minor (Type 1)
4.
Zoning Bylaw requirements with respect to retaining walls and fences (Section 5.5: Fences
and Retaining Walls)
"Development Officer" means the Director of Development Services, provided that
the Director of Development Services may designate another District staff person as
the Director of Development Services to act under this bylaw, either generally or in the
absence of the Director of Development Services.
"Director of Development Services" means the person appointed to that position by
the District of Summerland or designated as such by the Chief Administrative Officer.
"FCL" means flood construction level.
"Fees and Charges Bylaw" means the District of Summerland's Fees and Charges Bylaw as
amended or replaced from time to time.
"Lot" means a parcel of land, including Crown Land title to which has been registered in the
Land Title Office by the deposit of a plan or other description, but does not include a highway.
"Official Community Plan (OCP)" means the District of Summerland Official Community
Plan as amended or replaced from time to time.
"Public Hearing" means a public hearing held in relation to a zoning bylaw amendment, official
community plan amendment, or land use contract termination in accordance with the Local
Government Act public hearing procedures (section 465)2F3.
2 Bylaw No. 2023-010 (March 13, 2023)
3 Bylaw No. 2024-010 (April 9, 2024)
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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Consolidated to April 9, 2024
"Qualified Professional" means a professional engineer, geoscientist, architect, biologist,
planner or other professional licensed or otherwise eligible to practice in British Columbia with
experience relevant to the applicable matter, as determined by Development Services and
includes a Qualified Environmental Professional.
"Technical Planning Committee" means a committee of staff representatives assembled to
discuss technical, infrastructure, and other matters related to development applications.
"Temporary Use Permit" means a permit authorized by section 493 of the Local Government
Act.
"Zoning Bylaw" means the District of Summerland Zoning Bylaw, as amended or replaced
from time to time.
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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Consolidated to April 9, 2024
SECTION 2 - GENERAL PROVISIONS
2.1 Making Application
The following is required for all applications made under this bylaw:
i.
An application made pursuant to this bylaw shall be made to the Development Services
Department.
ii. An application shall be executed in writing by all owners of the land that is subject to the
application. The owners may authorize an agent to act on their behalf by submitting an
Owner's Authorization form.
iii. An application made pursuant to this bylaw shall be submitted on the prescribed
application form and shall include an application fee, payable to the District, in accordance
with the Fees and Charges Bylaw.
2.2
Change of Ownership
If there is a change of ownership of a parcel of land that is the subject of an application pursuant to
this bylaw, the new owner must provide written authorization and a title search print before the
application proceeds further.
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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Consolidated to April 9, 2024
2.3
Delegation of Authority
Pursuant to Section 154(1)(b) of the Community Charter, Council delegates to the
Development Officer the duties and powers of Council as follows:
a)
Development Application Information
The Development Officer is designated under Section 486 of the Local Government Act
to require development approval information to be provided by the applicant, at the
applicant's expense, in respect of an application made of the following types:
i.
an amendment to a zoning bylaw;
ii.
a development permit; and
iii.
a temporary use permit.
b)
Performance Security
The Development Officer is designated under Section 502 of the Local Government Act to
require security as a condition of the issuance of a Development Permit or Development
Variance Permit in accordance with Section 2.7 of this bylaw.
c)
Development Variance Permits, Minor3F4
The Development Officer is designated under Section 498.1 of the Local Government Act to
issue a development variance permit in respect of an application made of the following types:
-
Development Variance Permit, Minor (Type II)
-
Development Variance Permit, Minor (Type I)
The Development Officer is permitted to issue a Development Variance Permit:
i.
Where, in the opinion of the Development Officer, issuance of the Development Variance
Permit will not:
o
Result in inappropriate development of the site;
o
Adversely affect the natural environment;
o
Substantially affect the use and enjoyment of adjacent land;
o
Vary permitted uses and densities under the District's Zoning Bylaw; or,
o
Defeat the intent of the bylaw; and,
ii.
Where no written correspondence opposing the requested variance(s) has been received
from Owners or tenants in occupation of parcels within 60 m of the subject property within
the prescribed circulation period; and,
iii.
If the Development Variance Permit has not been applied for as a result of an active
bylaw enforcement investigation.
d)
Development Permits
i.
The Development Officer is designated under Section 489 of the Local Government
Act to issue, to refuse, and to amend Development Permits in respect of the
following Development Permit areas established by the Official Community Plan:
a)
High Hazard
b)
Environmentally Sensitive
4 Bylaw No. 2023-010 (March 13, 2023)
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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Consolidated to April 9, 2024
c)
Watercourse
d)
Wildfire Hazard
ii. The Development Officer is designated under Section 489 of the Local Government
Act to issue, and to amend Development Permits in respect of the following
Development Permit areas established by the Official Community Plan
a)
Downtown
b)
Lower Town
c)
Trout Creek
d)
Bentley Road Industrial
e)
Multi-Family
and only for the following types of permits:
a)
commercial exterior signage;
b)
additions to existing buildings where the floor area of the addition is less than
100 m²;
c)
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;
d)
façade alterations on existing buildings, up to $150,000;
e)
construction of multi-family residential buildings in the Multi-Family, Downtown
and Lower Town areas to a maximum of three stories in height and a
maximum floor area of 1,500m2;
f)
construction of commercial and mixed-use buildings in the Downtown and
Lower Town areas to a maximum of three stories in height;
g)
construction of a building in the Bentley Road Industrial area that is less than
1000m2.
h)
surface parking lots or alterations to existing surface parking lots.
All Development Permits that do not meet this criterion, or which the Development
Officer recommends refusal, shall be forwarded to Council for decision.
e)
The Development Officer may refer any Application described in Sections 2.3 a), b), c), or d)
to Council for consideration of issuance4F5.
2.4
Development Application Information
a)
Where an Official Community Plan specifies circumstances or designates areas in which
"development approval information" may be required, the Development Officer may
require, where rationale is provided, that the applicant provide development application
information in a written report certified by a Qualified Professional that:
i.
Addresses the potential impacts on land use, traffic, the environment,
utilities and other District facilities (if applicable);
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 and acceptability thresholds on which the
report is based and how the anticipated impacts may cumulatively
contribute to existing risks, stressors and threats;
5 Bylaw No. 2023-010 (March 13, 2023)
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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Consolidated to April 9, 2024
iii.
Provides recommendations for conditions or requirements Council or
the Development Officer may impose to mitigate, ameliorate, or
compensate for anticipated impacts; and
iv.
Provides recommendations and details costs for modifications to the
environment, or construction of works, to mitigate, ameliorate or
compensate for anticipated impacts.
b)
An applicant may appeal, in writing, to Council at no charge to the applicant, the
decision of the Development Officer in regards to the development application
information required under the OCP within 30 days of the date of which the request for
development application information is mailed to them.
c)
A request for reconsideration must be delivered in writing to the CAO and must set out
the grounds on which the applicant considers the decision is inappropriate and what
decision the applicant considers the Council ought to substitute.
d)
The CAO must notify the applicant and any other person who the CAO reasonably
considers may be affected by the reconsideration of the date of the meeting at which it
will occur.
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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Consolidated to April 9, 2024
2.5
Council Reconsideration
All the following apply to any decision by the Development Officer under Section 2.3:
a)
Any owner of property that is subject to a decision by the Development Officer who is
dissatisfied with the decision is entitled to have the decision reconsidered by Council, at
no charge, in accordance with this section.
b)
An owner who wishes to have a decision reconsidered by Council must apply for the
reconsideration by delivering to the Chief Administrative Officer or their delegate, within
30 days after the decision is communicated to the owner, a reconsideration application
in writing, which must set out all of the following:
i.
the date of the decision and the nature of the decision;
ii.
reasons why the owner wishes the decision to be reconsidered by Council;
iii.
the decision the owner requests be made by Council, with brief reasons in support
of the requested decision; and
iv.
a copy of any materials considered by the owner to be relevant to the
reconsideration by Council.
c)
A reconsideration application must be considered by Council at a regular
meeting of Council held at least two (2) weeks and no more than ten (10)
weeks after the date on which a complete application is accept by the District.
d)
The Chief Administrative Officer or their delegate must:
i.
Notify the Director of Development Services of each request for reconsideration
and the Director of Development Services shall, prior to the date of the meeting at
which the reconsideration shall occur, provide a written report to Council setting out
the rationale for their decision;
ii.
Give notice of each reconsideration in accordance with any notice requirements in
respect of the original application that are set out in this bylaw;
iii.
Place each reconsideration application on the agenda for a regular meeting of
Council in accordance with section 2.5.c;
iv.
Notify the applicant of the date of the meeting at which reconsideration shall
occur; and
v.
Before each reconsideration by Council, deliver to each Council member a copy
of the materials that were considered by the delegate in making the decision that
is to be reconsidered.
e)
In reconsidering a decision, Council must consider the same material as was
considered by the delegate in making the decision.
f)
At a reconsideration of a decision, the owner and any other person who is
interested in the decision are entitled to be heard by Council.
g)
Council is entitled to adjourn a reconsideration of a decision.
h)
Council shall either confirm the decision of the Development Officer, or substitute
its own decision, including any conditions of the Development Permit.
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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Consolidated to April 9, 2024
2.6
Applications Considered by Council
a)
Bylaw Amendments5F6
Upon receipt of an application to amend the Official Community Plan or Zoning Bylaw, Council
may reject the application or proceed with an amendment bylaw in accordance with the
procedural requirements of the Local Government Act and Community Charter.
Council must not hold a public hearing for a zoning amendment bylaw, in accordance with the
Local Government Act, if:
i.
An Official Community Plan is in effect for the area that is subject of the zoning bylaw
ii.
The bylaw is consistent with the Official Community Plan
iii.
The sole purpose of the bylaw is to permit a development that is, in whole or in part, a
residential development, and
iv.
The residential component of the development accounts for at least half of the gross
floor area of all buildings and other structures proposed as part of the development.
b)
Development Permits, Development Variance Permits and Temporary Use Permits
Council may, upon receipt of a report from Development Services respecting an application for
Development Permit, Development Variance Permit and Temporary Use Permits:
i.
Issue, amend, or refuse the permit;
ii.
Impose requirements and set conditions or standards;
iii.
Impose conditions for the sequence and timing of construction;
iv.
Require security; or
v.
Defer or otherwise deal with the Permit Application.
c)
Agricultural Land Commission Applications
Council may, upon receipt of a report from Development Services respecting an Agricultural
Land Commission application:
i.
Authorize the application to proceed to the ALC; or
ii.
Not authorize the application to proceed to the ALC.
d)
Retail Store, Cannabis License Applications
Council may, upon receipt of a report from Development Services, and following the
appropriate consultation, respecting a Retail Store, Cannabis License Application:
i.
make a recommendation to deny the application;
ii.
make a recommendation in favour of the application; or
iii.
defer making a recommendation.
6 Bylaw No. 2024-010 (April 9, 2024)
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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2.7
Performance Security
a)
Form of Security
Security required by permits shall be in the form of a cash or an irrevocable letter of
credit, effective for a period to be determined by Development Services. Such
irrevocable letter of credit shall be clean and unconditional, automatically renewing,
and redeemable at a local financial institution chartered under the Bank Act (Canada)
or Financial Institutions Act (Provincial) and may be subject to additional conditions to
be specified by the Development Officer.
b)
Amount of Security
The amount of security required may be calculated using:
i.
An estimate or quote provided at the applicant`s expense by a professional qualified
to undertake or supervise the works for which the securities are required; or
ii.
The amount of security may be calculated using such methodologies as
Development Officer may prescribe from time to time.
c)
Conditions of Security
Where security is a condition of a Permit,
i.
In the case of a condition in a permit respecting landscaping works, the amount shall
be 125% of the cost of the works, including inspections, monitoring and
maintenance, paid in full prior to permit issuance;
ii. In the case of an unsafe condition that might result from a contravention of a permit
condition, the amount of security shall reflect the nature of the permit condition, the
nature of the unsafe condition and the cost to the District of entering on the land,
undertaking work to correct the unsafe condition, 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;
iii. In the case of damage to the natural environment that might result from a
contravention of a permit condition, the amount shall reflect the nature of the permit
condition, the nature of the damage to the environment and restoring or enhancing
the natural environment to compensate for the damage that has been caused by the
contravention of the permit condition.
2.8
Notice of Decision
a) All applicants shall be notified within 21 days of a Council or Development Officer decision
to issue, refuse, reject, amend, or proceed with an amending bylaw, development permit or
a development variance permit.
b) Written notice of a decision shall be mailed or otherwise delivered by the District to an
applicant at the address provided on the application form. Email will be deemed delivered
on the date sent by the District.
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Consolidated to April 9, 2024
2.9
Incomplete Applications
If the Development Services Department staff determines that an application is incomplete, the
applicant shall be requested to provide the required information. The applicant may be required
to provide additional information beyond the standard checklist of items by the Development
Officer. If the applicant does not provide the information within three (3) months of the request,
the application and refundable portion of the fee shall be returned, and the file closed.
2.10 Lapse of Application
a) In the event that an application made pursuant to this bylaw is one (1) year old or older
and has been inactive for a period of six (6) months or greater;
i.
The application shall be deemed to be abandoned and the applicant shall be notified
in writing that the file shall be closed;
ii.
Any bylaw that has not received final adoption shall be considered abandoned;
b) Upon written request by the applicant prior to the lapse of the application, Council may
extend the deadline for a period of twelve (12) months by passing a resolution to that
affect.
c) If applicable, a refund shall be paid to the applicant in accordance with the Fees and
Charges Bylaw for proposals that have been deemed to have lapsed.
d) For an application that has lapsed under Section 2.10 a) or b) to proceed, a new
application (including fee), shall be required.
2.11 Re-application
a) Subject to Section 460 of the Local Government Act, where an application made pursuant
to this bylaw has been refused by Council, re-application shall not be accepted for a six (6)
month period immediately following the date of refusal.
b) Where an applicant intends to appeal to Council to vary the time limit set in section 2.11 a),
and pursuant to section 460 (3) of the Local Government Act, the applicant shall submit, in
writing, a detailed statement as to why the time limit for the reapplication should be varied.
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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SECTION 3 - APPLICATION FEES
3.1 Application Fee Requirement
a) At the time of application, the applicant shall pay to the District any application fees in the
amounts as set out in the Fees and Charges Bylaw.
b) Where a Public Information Meeting is required, the applicant shall pay all costs
associated with the Public Information Meeting.
c) The fees prescribed in the Fees and Charges Bylaw apply to each parcel of land for
which the application is made, as follows:
i.
If an application involves two or more contiguous parcels of land, they shall be
treated as one proposal;
ii.
If an application involves two or more parcels of land that are not contiguous, they
shall be treated as separate applications and the fee prescribed in the Fees and
Charges Bylaw applies to each site for which the application is made.
3.2
Refund of Application Fees
a) Where an Official Community Plan or Zoning Bylaw amendment application is withdrawn
prior to first reading, the applicant may request a refund of one-half of the application fee.
b) Where a Development Permit Application is submitted, and that requires Council decision,
is withdrawn prior to it being considered by Council, the applicant may request a refund of
one-half of the application fee.
c) Where a Development Variance Permit or Temporary Use Permit is withdrawn prior to it
being considered by Council, the applicant may request a refund of one-half of the
application fee.
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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Consolidated to April 9, 2024
SECTION 4 - PUBLIC NOTIFICATION & CONSULTATION
4.1
Public Notification & Consultation Requirements
a) All applications made pursuant to this bylaw require the forms of public
notification and consultation described in this section.
Table 1 - Forms of Public Notification and Consultation
* Development Variance Permits, Minor Type I are excluded from neighbourhood notification requirements of this
section as per s.499.1.1 of the Local Government Act6F7
Y = Required
N = No notification requirements or consultation required
b) For the purposes of OCP and Zoning Amendment applications, the following criteria
will determine whether the Notification & Consultation requirements of Table 1 will
apply (in addition to the requirements for notification under the Local Government
Act):
i.
Involves a change to the Future Land Use designation of property greater
than 2 hectares or greater;
ii. Involves the creation of a Comprehensive Development Zone;
iii. Involves the addition or subdivision of 2 or more dwelling units and/or
parcels; or
iv. Involves a change in land use intensity including, but not limited to, a change
from low density to higher density residential, residential to commercial,
institutional or commercial to industrial.
v. For Zoning Bylaw Amendments only, the public information meeting
requirements of Table 1 will not apply for developments where a project is for
residential development purposes, and the project is consistent with the
District's Official Community Plan7F8
vi. For all other OCP and Zoning Amendments, the Development Officer retains
the discretion to require the Notification & Consultation requirements of Table
1 as part of the application process.
7 Bylaw No. 2023-010 (March 13, 2023)
8 Bylaw No. 2024-010 (April 9, 2024)
Application Type
Developer-
Directed Public
Information
Meeting
Development
Notice Sign
Neighbour
Notification
Website
Notification
Official Community Plan
Amendment
Y
Y
Y
Y
Zoning Amendment
Y
Y
Y
Y
Development Permit
N
N
N
Y
Development Variance
Permit*
N
N
Y
Y
Temporary Use Permit
Y
Y
Y
Y
Temporary Use Permit Renewal
N
N
Y
Y
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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Consolidated to April 9, 2024
4.2
Public Notification Specifications
a)
Developer-Directed Public Information Meetings
i.
The developer/applicant shall organize, conduct and pay all costs
associated with the public information meeting.
ii.
A Public Information meeting must be advertised by mail to owners
and tenants of abutting and adjoining parcels and any parcels within
60m of the subject property and by local newspaper advertisements, a
minimum of two (2) weeks in advance of holding a Public Information
meeting.
iii. The developer/applicant must provide a copy of the local newspaper
advertisement(s) to Development Services so that the information can
be posted on the public notice board and District website;
iv. The District of Summerland must be notified of the meeting and a
District staff representative shall have the option to attend;
b)
Scheduling of a Developer-Directed Public Information Meeting
A public information meeting shall be arranged and conducted according to the
following guidelines:
i.
The Public Information Meeting must be held a minimum of fifteen (15) days
prior to Council 's initial consideration and after submission of a complete
application;
ii. A Public Information meeting should commence no later than 7:00 pm.
iii. A Public Information meeting should be held Monday through Thursday,
excluding holidays.
iv. Where the District considers appropriate, a Public Information meeting may
be held on a day of the weekend, if in the event that members of the public
or adjacent property owners would otherwise have difficulty attending a
meeting held on a weekday. A public information meeting held on a weekend
should be in the afternoon.
c)
Posting a Development Notice Sign
Where a Development Notice Sign is required in Table 1 above, an applicant
must erect a sign, at his or her cost, on that parcel of land which is the subject to
the application in accordance with the District's template (Figures 2 and 3) and
the following specifications:
i.
Timing
Development Notice Signs will be posted a minimum of 10 days in advance
of the applicant's Developer-Directed Public Information Meeting. The sign
must remain in place until Council has adopted the amending bylaw, or until
the development application has been abandoned. Signs must be removed
within thirty (30) days of the conclusion of a Public Hearing.
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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Consolidated to April 9, 2024
ii. Location
Development Notice Signs shall be posted:
- In a location unobstructed to view from the street, no further than six
(6) metres from the property line abutting the street;
- Where the property abuts two or more streets, excluding lanes, a
notice sign shall be posted no further than six (6) metres from each
abutting street or alternatively, from the intersection point of the two
streets at a 45-degree angle;
- Where placement of a required notice sign on a property is not
feasible, the notice may be posted on an abutting road right-of-way
subject to approval by the District; and
- Where the notice sign is mounted on a building, it shall be
unobstructed to view from the street and the bottom edge shall be a
minimum of 1.2 metres and maximum three (3) metres from the
ground.
-
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.
iii. Size and Content
The Development Notice Sign(s) will be in accordance with the size
specifications shown in Figure 2 and include the following information in
accordance with Figure 3.
iv. Photographic Evidence Required
The applicant must provide Development Services with photographic
evidence confirming that the Development Notice Sign(s) required have been
installed on the subject property before the application shall be considered at
a Public Hearing or a regular meeting of Council.
v. Failure to Post
Failure to post the required Development Notice Sign(s) shall result in the
postponement of consideration of the application by Council. All costs
incurred by the District for public notification as a result of such
postponement shall be the responsibility of the applicant.
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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Consolidated to April 9, 2024
Figure 2 - Sign Specifications
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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Consolidated to April 9, 2024
Figure 3 - Sign Template
d) Neighbour Notification8F9
9F10
Public Hearings, Waiving of Public Hearing or Temporary Use Permit
i. In accordance with the Local Government Act, District staff shall mail or otherwise
deliver individual notices to all owners and tenants of the subject property for which
an application is being made, and all owners and tenants of all other properties
within a distance of not less than 60 metres measured from the boundaries of any
subject property to which the application pertains, advising of:
-
a scheduled Public Hearing for an OCP or Zoning Bylaw amendment;
-
the waiving, or prohibition of hosting, Public Hearing for a Zoning
Amendment, where no OCP Amendment is required;
9 Bylaw No. 2023-010 (March 13, 2023)
10 Bylaw No. 2024-010 (April 9, 2024)
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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Consolidated to April 9, 2024
-
a scheduled Council meeting for considering a Temporary Use Permit
ii. The notification outlined in this section is not required if ten (10) or more parcels
owned by ten (10) or more persons are subject to the application.
iii. Individual notices shall be mailed or otherwise delivered not less than ten (10) days
prior to Council consideration of a Temporary Use Permit or first reading of a
Zoning Amendment Bylaw where no public hearing will be held, and not less than
ten (10) days prior to the holding of a Public Hearing for an Official Community
Plan or Zoning Bylaw amendment.
Development Variance Permit Applications
i. In accordance with the Local Government Act, District staff shall mail or otherwise
deliver individual notices to all owners and tenants of the subject property for which
an application is being made, and all owners and tenants of all other properties
within a distance of not less than 60 metres measured from the boundaries of any
subject property to which the application pertains, advising of:
-
a scheduled Council meeting for considering a Development Variance
Permit; or
-
the issuance of a Development Variance Permit, Minor (Type II) under
delegation to the Development Officer.
ii.
Council Consideration notification procedure:
i. Individual notices shall be mailed or otherwise delivered not less than
fifteen (15) days prior to Council consideration of a Development
Variance Permit
iii.
Development Variance Permit, Minor (Type II) notification procedure:
i. Individual notices shall be mailed or otherwise delivered not less than
fifteen (15) days prior to the consideration of issuance of the
Development Variance Permit by the Development Officer.
ii. If no correspondence opposing the requested variance(s) is received
within the time period specified, the staff memo and draft development
variance permit will be considered for delegated Development Officer
approval.
iii. If correspondence opposing the requested variance(s) is received, the
Development Variance Permit application will be provided to Council for
approval in the form of a report for request for decision.
e) Website Notification
i.
District staff will post monthly on its website information on the number and type
of complete applications submitted to the Development Services department.
ii. District Council will also be provided a monthly staff report indicating the number
and type of applications submitted.
District of Summerland - Development Application Procedures Bylaw No. 2020-026
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4.3 Agency Referral Process
a)
When dealing with an Amendment application under this bylaw, the
Development Services Department shall develop a referral list of agencies,
organizations, or levels of government to which the amendment must be sent
for review and comment.
b)
Each agency, organization or level of government shall be given a minimum
of thirty (30) calendar days from the date of the referral to provide any
comments. If after a minimum of thirty (30) calendar days the agency,
organization or level of government has not notified the District in writing
about their concerns or advised of a delay in response, the agency,
organization or level of government is considered to have no concern.
5.0
Repeal
Summerland Land Use Procedures Bylaw Number 98-003 and all
amendments thereto are hereby repealed.
6.0 Irregularity
The failure of Council or a Committee to observe the provisions of this bylaw does not
affect the validity of resolutions passed or bylaws enacted by Council.
Read a first and second time this 13th day of October, 2020.
Public Hearing held on this 9th day of November, 2020.
Read a third time this 9th day of November, 2020.
Adopted by the Municipal Council of the Corporation of the District of Summerland
this 9th day of November, 2020
Mayor
Corporate Officer