Land Use Procedures and Fees Bylaw No. 2205, 2022 (consolidated)
Whistler, British Columbia
· No. 2205
· adopted 2022-10-04
· summary & facts
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unofficial consolidation, the official version is held by the municipal clerk.
RESORT MUNICIPALITY OF WHISTLER
CONSOLIDATED "LAND USE PROCEDURES AND FEES BYLAW NO. 2205, 2022"
This document has been produced for convenience of reference and is a consolidation of the
following Bylaws:
Bylaw No.
Bylaw Name
Date Adopted
2205
Land Use Procedures and Fees Bylaw No. 2205, 2022
October 4, 2022
2377
Land Use Procedures and Fees Amendment Bylaw (Development Application Fees)
No. 2377, 2022
January 10, 2023
2404
Land Use Procedures and Fees Amendment Bylaw (Development Permits,
Development Variance Permits and Application Fees) No. 2404, 2023
July 4, 2023
Individual copies of any of the above bylaws are available from the Resort Municipality of Whistler.
This copy of "Land Use Procedures and Fees
Bylaw No. 2205, 2022" has been consolidated
and printed by the authority of the Corporate
Officer of the Resort Municipality of Whistler
pursuant to Section 139 of the Community
Charter and "Bylaw Consolidation and Revision
Bylaw No. 1957, 2010".
Dated this 23 day of August, 2023
Deputy Corporate Officer, C. Hodgson
RESORT MUNICIPALITY OF WHISTLER
LAND USE PROCEDURES AND FEES BYLAW NO. 2205, 2022
A BYLAW TO DEFINE PROCEDURES FOR LAND USE APPLICATIONS, TO IMPOSE
FEES FOR SUCH APPLICATIONS, TO ESTABLISH PROCEDURES AND POLICIES
FOR DEVELOPMENT APPROVAL INFORMATION, TO SPECIFY DISTANCES FOR
NOTIFICATION, AND TO DELEGATE POWERS, DUTIES AND FUNCTIONS OF
COUNCIL
WHEREAS Council has adopted an official community plan bylaw and a zoning bylaw, and
Council has specified in the plan areas and circumstances for which development approval
information may be required;
WHEREAS a local government that has adopted an official community plan bylaw or a
zoning bylaw must, by bylaw, define procedures under which an owner of land may apply
for an amendment to the plan or bylaw or for a permit under Part 14 of the Local
Government Act;
WHEREAS a local government may, by bylaw, impose fees for an application to initiate
changes to an official community plan or zoning bylaw, for the issuance of a permit under
Part 14 of the Local Government Act, for an amendment to a land use contract, for a service
of the municipality, for the use of municipal property and for the exercise of regulation
powers;
WHEREAS a local government must, where it has adopted an official community plan
bylaw that specifies circumstances or designates areas for which development approval
information may be required, establish procedures and policies on the process for requiring
development approval information and the substance of the information that may be
required;
WHEREAS a local government may, by bylaw, specify a distance from affected land for
the purpose of notifying owners and tenants in occupation of proposed bylaw amendments
and permits; and
WHEREAS Council may, by bylaw, delegate its powers, duties and functions to an officer
or employee of the municipality;
NOW THEREFORE Council of the Resort Municipality of Whistler, in open meeting
assembled, ENACTS AS FOLLOWS:
CITATION
1.
This Bylaw may be cited for all purposes as "Land Use Procedures and Fees Bylaw
No. 2205, 2022".
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 2
DEFINITIONS
2.
In this bylaw:
"Antenna System" means an exterior transmitting device--or group of
devices--used to receive and/or to transmit radio-frequency (RF) signals,
microwave signals or other federally-licenced communications energy
transmitted from, or to be received by, other antennas. Antenna Systems
include the antenna, and may include a supporting tower, mast or other
supporting structure, and an equipment shelter;
"Blackcomb Land Use Contract" means the land use contract authorized by
"Resort Municipality of Whistler Land Use Contract Approval Bylaw No. 107,
1978", registered in the Vancouver Land Title Office under No. G2520, as
amended from time to time;
"Building Official" means the Building Official as defined in the Resort
Municipality Building and Plumbing Regulation Bylaw No. 1617, 2002;
"Complex site rezoning" means an amendment to a zoning bylaw for a parcel
or set of parcels that comprise at least 45,000 square metres in area and for
which the proposed rezoning requires an amenity zoning or phased
development agreement with the exception of a proposed rezoning for
residential land use only and any associated new public roads, park or other
dedications;
"Council" means the Council of the Resort Municipality of Whistler;
"Director of Planning" means the Director of Planning and Development or
any other person appointed from time to time to act in the place of the Director
of Planning and Development;
"General Manager" means the General Manager of Climate Action, Planning
and Development Services or any other person appointed from time to time to
act in the place of the General Manager of Climate Action, Planning and
Development Services;
"General Manager of Infrastructure Services" means the General Manager
of Infrastructure Services or any other person appointed from time to time to
act in the place of the General Manager of Infrastructure Services;
"Manager of Planning" means the Manager of Development Planning or any
other person appointed from time to time to act in the place of the Manager of
Development Planning;
"Corporate Officer" means the Corporate Officer of the Resort Municipality
or any other person appointed from time to time to act in the place of the
Corporate Officer of the Resort Municipality;
"Official Community Plan" means the Resort Municipality of Whistler Official
Community Plan Bylaw No. 2199, 2018;
Added by
Bylaw No.
2377, 2022
Amended by
Bylaw No.
2377, 2022
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 3
"Resort Municipality" means the corporation of the Resort Municipality of
Whistler;
"Zoning Bylaw" means the Resort Municipality of Whistler Zoning and
Parking Bylaw No. 303, 2015.
3.
Reference to another bylaw or enactment in this bylaw is a reference to that bylaw
or enactment as it may be amended, replaced or in effect from time to time.
APPLICATIONS AND GENERAL REQUIREMENTS
4.
This bylaw applies to the following types of applications:
(a) a development permit;
(b) a development variance permit;
(c) a letter of concurrence or non-concurrence to Industry Canada for an Antenna
System;
(d) a modification or discharge of a section 219 covenant;
(e) a temporary use permit;
(f) an amendment to a land use contract;
(g) an amendment to the Official Community Plan;
(h) an amendment to the Zoning Bylaw;
(i) an exemption from a bylaw establishing a flood construction level or floodplain
setback;
(j) a licence or other form of permission to use or occupy municipal land, or land
over which the Resort Municipality holds a statutory right of way;
(k) a development permit under a land use contract; and
(l) an approval of a Development Plan or a Development Approval under the
Blackcomb Land Use Contract.
5.
An application made under this bylaw must:
(a) be made by the owner of land, or a person authorized in writing by the owner;
(b) be submitted to the Resort Municipality's planning department in the applicable
form;
(c) contain all the information required by the applicable form; and
(d) be accompanied by the applicable fees set out in Schedule A.
6.
In the case of an application for an amendment or permit in respect of land that is
common property in a strata plan, the strata corporation may make the application.
Amended by
Bylaw No.
2377, 2022
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 4
7.
The General Manager or Director of Planning may prescribe the form and content
of application forms for the purposes of this bylaw, and in so doing may prescribe
different forms for different categories of applications based on the nature or
complexity of the application.
8.
If the application is withdrawn before any required public notice is given under the
Local Government Act, the applicant shall be entitled to a refund of 25 per cent of
the application fee.
9.
A reapplication for an amendment to the Official Community Plan or Zoning Bylaw
or for a permit or an exemption that has been refused may not be made within 6
months of the date on which the applicant was notified of the refusal unless Council
specifies a lesser or greater period of time by resolution.
DEVELOPMENT APPROVAL INFORMATION
10.
The requirements to provide development approval information in this bylaw apply
to:
(a) applicants for amendments to the Zoning Bylaw;
(b) applicants for a development permit;
(c) applicants for a temporary use permit;
(d) applicants for amendments to the Official Community Plan;
(e) applicants for a development variance permit;
if the proposed activity or development that is subject of the application is in an area
designated for the provision of development approval information in the Official
Community Plan or is an activity or development for which development approval
information is otherwise required by the Official Community Plan.
11.
Upon the request of the General Manager, Director of Planning or Manager of
Planning and within the time specified in the request, an applicant must provide to
the General Manager, Director of Planning or Manager of Planning written terms of
reference for the preparation of development approval information on the impact of
the proposed activity or development on the community that is the subject of the
application.
12.
To the extent that the proposed activity or development can reasonably be expected
to have an impact on any of the following matters, the terms of reference for the
preparation of development approval information must include those matters in the
scope of the information that is to be prepared:
(a) the natural environment;
(b) transportation patterns including traffic flow;
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 5
(c) local infrastructure including roads, sewer, water and storm drainage systems;
(d) public facilities including daycare facilities, schools, parks, trails, recreation
facilities, health care facilities, and waste treatment and disposal facilities;
(e) community services;
(f) housing including housing type and need;
(g) commercial services;
(h) employment opportunities and job creation;
(i) heritage, cultural and archaeological resources;
(j) aesthetic values;
(k) surrounding land uses and patterns;
(l) community energy and GHG emissions;
(m) hazards;
(n) snow management.
13.
In addition to any matters listed in section 12 of this bylaw, the applicant may include
in the terms of reference for the preparation of development approval information
any matter on which the applicant considers information ought to be provided to the
Resort Municipality to permit a full understanding of the impact of the proposed
activity or development on the community.
14.
The terms of reference for the preparation of development approval information
must address any particular information requirements that are identified in or arise
from the Official Community Plan or Zoning Bylaw including any applicable policies
guidelines or conditions in the Official Community Plan or Zoning Bylaw.
15.
The terms of reference for the preparation of development approval information
must specify the date on which and the form in which the impact information will be
provided.
16.
After receipt of the terms of reference for the preparation of development approval
information, the General Manager, Director of Planning or Manager of Planning
must indicate in writing to the applicant that:
(a) the terms of reference submitted by the applicant are acceptable;
(b) the terms of reference submitted by the applicant are acceptable if additional
matters specified by the General Manager, Director of Planning or Manager of
Planning and within the scope of sections 12 and 14 of this bylaw are included;
(c) the terms of reference are unacceptable and must be replaced.
17.
Upon receipt of notice accepting the terms of reference for the preparation of
development approval information, the applicant must prepare the impact
information in accordance with the accepted terms of reference and within the time
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 6
specified in the terms of reference must provide it to the Resort Municipality, at the
applicant's expense.
18.
For every matter within the scope of sections 12 and 14 of this bylaw that is included
in the accepted terms of reference for the preparation of development approval
information, the applicant must, in accordance with generally accepted impact
assessment methodology:
(a) identify relevant baseline information and document the nature of the resource
or other matter on which the proposed activity or development may have an
impact;
(b) identify and describe the potential and likely impacts of the proposed activity or
development including any cumulative effects when combined with other
projects proposed or under development;
(c) evaluate the impacts in terms of their significance and the extent to which and
how they might be mitigated; and
(d) make recommendations as to conditions of approval that may be appropriate to
ensure that undesirable impacts are minimized or avoided.
19.
If the approved terms of reference for the preparation of development approval
information specify professional expertise in the preparation of impact information,
prior to authorizing the preparation of the information by any person, the applicant
must deliver to the General Manager, Director of Planning or Manager of Planning
information specifying the identity, qualifications and experience of the person who
the applicant proposes to engage to prepare the information, unless that information
was included in the approved terms of reference.
20.
After receipt of the information in section 19 of this bylaw, the General Manager,
Director of Planning or Manager of Planning must advise the applicant whether the
proposed person is acceptable, and if the person is not acceptable the General
Manager, Director of Planning or Manager of Planning must advise the applicant in
writing of the reason and may propose one or more alternative acceptable persons.
21.
If the General Manager, Director of Planning or Manager of Planning is not satisfied
that the impact information provided by the applicant is sufficient to comply with the
approved terms of reference for the preparation of development approval
information, either in scope, level of detail, accuracy or in any other respect, the
General Manager, Director of Planning or Manager of Planning may require the
applicant to provide, at the applicant's expense, further information reasonably
required to comply with the approved terms of reference.
22.
If the General Manager, Director of Planning or Manager of Planning considers that
the impact information provided by the applicant, or any portion of it, requires an
independent review prior to being considered by the Resort Municipality, the
General Manager, Director of Planning or Manager of Planning may require the
applicant to provide such a review of the information including the methodology
used in its preparation and may specify terms of reference for the review.
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 7
23.
The applicant must arrange for the independent review of the impact information
required by the General Manager, Director of Planning or Manager of Planning to
be conducted and submitted in writing to the Resort Municipality, at the applicant's
expense and within the time specified by the General Manager, Director of Planning
or Manager of Planning.
24.
If development is proposed to occur within 30 metres of the high water mark of a
stream in the Protection of Riparian Ecosystems Development Permit Area or the
Protection of Sensitive Ecosystems Development Permit Area under the Official
Community Plan, a Qualified Environmental Professional (QEP) must submit an
environmental impact study in relation to the development consistent with the
assessment methods of the Riparian Areas Protection Regulation. The General
Manager, Director of Planning or Manager of Planning may require that any
environmental impact study that identifies proposed development in a streamside
protection and enhancement area as defined in the Riparian Areas Protection
Regulation must be submitted to the Province under section 6 of the Riparian Areas
Protection Regulation.
25.
An application for any development permit within the Protection of Riparian
Ecosystems Development Permit Area and the Protection of Sensitive Ecosystems
Development Permit Area under the Official Community Plan shall contain the
following preliminary information:
(a) a statement outlining the reason for the proposed activities within the
development permit area;
(b) a location map showing the general location of the property in the Resort
Municipality; and
(c) an inventory map (at appropriate scale) identifying and delineating the following
on the property:
i.
the location of the property boundaries;
ii.
the location and extent of the proposed development including buildings,
structures, utilities, and roads;
iii.
the location and extent of any proposed alteration of land including tree
cutting and land disturbance to facilitate items in (ii);
iv.
the location of existing right-of-way, easement, and covenant areas;
v.
the location of existing development including buildings, structures,
utilities, and roads;
vi.
the location of all streams and riparian areas including the 30 metre
distance from the high water mark of a stream; and
vii.
in the case of the Protection of Sensitive Ecosystems Development Permit
Area, the location of all Sensitive Ecosystem Protection Areas.
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 8
(d) a written description of how the proposal is consistent or not consistent with the
applicable Protection of Riparian Ecosystems Development Permit Area
Guidelines and the Protection of Sensitive Ecosystems Development
Guidelines.
26.
An environmental impact study in relation to a property may be used in support of
a development permit application for up to five years from the date on which the
study is certified by the QEP, provided it addresses the proposed development.
27.
In the case of lands located within the Aquifer Protection Development Permit Area
in the Official Community Plan, if a declaration is provided, signed by the owner of
the lands, that the existing and proposed activities on the land do not involve the
use, storage, processing, manufacturing or sale of chemicals, substances, or
compounds, whether in solid, liquid or gaseous form, that could migrate into the
ground and affect the groundwater aquifer, other than the use of a motor vehicle on
the land, a development permit is not required.
NOTIFICATION
28.
The distance specified for the purpose of notification in relation to an application to
amend a bylaw under section 466(4) of the Local Government Act or to amend a
land use contract under section 546(5) of the Local Government Act is 100 metres,
measured from the boundaries of any parcel to which the application pertains,
subject to section 466(7) of the Local Government Act.
29.
The distance specified for the purpose of notification in relation to a proposal for
Council to issue a development variance permit under section 499(3) of the Local
Government Act or a temporary use permit under s. 494(4) is 30 metres, measured
from the boundaries of any parcel to which the application pertains.
30.
In the case of an application for a development permit, a development permit under
a land use contract, an approval of a Development Plan or a Development Approval
under the Blackcomb Land Use Contract, a development variance permit, a
temporary use permit, a modification or discharge of a section 219 covenant, an
exemption from a bylaw establishing a flood construction level or floodplain setback,
an amendment to the Official Community Plan, an amendment to the Zoning Bylaw
and an amendment to a land use contract, the applicant must within fourteen (14)
days of submitting a complete application to the Resort Municipality post, at the
applicant's expense, a notification sign on the land that is the subject of the
application, and notify the General Manager, Director of Planning or Manager of
Planning that the sign has been posted.
31.
The notification sign must conform generally to specifications issued by the General
Manager, Director of Planning or Manager of Planning for such signs and must
include the following information:
(a) the application type and number;
(b) the applicant's name;
Amended by
Bylaw No.
2377, 2022
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 9
(c) the civic address of the subject property;
(d) a brief description of the proposal including proposed uses, number and type
of units, proposed gross floor area and proposed building heights in metric
units;
(e) any proposed variances;
(f)
the phone number and e-mail of the contact department for more details;
(g) where information about the application may be inspected at the Resort
Municipality hall and website;
(h) a map of the site containing a North Arrow, with all the roads adjoining the
development site labelled;
(i)
a rendering of the proposed development (for more complex projects); and
(j)
a statement that details of the proposed development may be revised during
the application process.
32.
The applicant must keep the notification sign posted and in good repair until the
application has been approved or refused by Council or its delegate, as applicable,
or has been withdrawn by the applicant.
33.
The applicant must remove any notification sign required by this bylaw within
fourteen (14) days of the application being approved or refused by Council or its
delegate, as applicable, or being withdrawn by the applicant.
34.
In the event the applicant fails to comply with section 33 of this bylaw, and the
applicant has been given notice of such non-compliance, the Resort Municipality
may, through its employees or other persons, remove the notification sign at the
expense of the applicant.
35.
Notification signs must be placed in a conspicuous location, be clearly legible from
adjoining highways, and not be obstructed by vegetation or structures on the land
that is subject of the application.
36.
A notification sign is required to be placed every 100 metres of highway frontage
of the land that is subject of the application, except that no more than three signs
are required for any one parcel.
PERMITS
37.
The General Manager may prescribe the form of development permits,
development variance permits and temporary use permits.
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 10
DELEGATION
38.
Council delegates to any one of the General Manager, the Director of Planning and
the Manager of Planning the authority to:
(a) require development approval information under this bylaw;
(b) issue development permits for land within the Intensive Residential
Development Permit Area, the Protection of Riparian Ecosystems Development
Permit Area, the Protection of Sensitive Ecosystems Development Permit Area,
the Aquifer Protection Development Permit Area, and the Wildfire Protection
Development Permit Area designated under the Official Community Plan; and
(c) on behalf of the Resort Municipality, execute any modification or discharge of a
section 219 covenant restricting gross floor area, but only to the extent that the
covenant being modified or discharged is inconsistent with the Zoning Bylaw
definition of gross floor area;
(d) on behalf of the Resort Municipality, execute any modification of a section 219
covenant that requires the preservation of trees, provided the modification
results in no net loss to the size of the tree preservation area;
(e) issue or renew temporary use permits in relation to outdoor patios;
(f) grant exemptions from a bylaw establishing a flood construction level or
floodplain setback; and
(g) issue minor development variance permits based on the criteria set out in
Schedule E and provided that in deciding whether to issue a development
variance permit the General Manager, Director of Planning or Manager of
Planning considers the guidance set out in Schedule E.
39.
Council delegates to any one of the General Manager and the Director of Planning
the authority to:
(a) issue development permits for land within the Whistler Village Development
Permit
Area,
the
Whistler
Creek
Development
Permit
Area,
the
Commercial/Industrial Development Permit Area, the Multi-Family Residential
Development Permit Area and the Industrial Development Permit Area,
designated under the Official Community Plan, to the extent described in
Schedule B;
(b) approve any Development Plan and to give Development Approval required
under the Blackcomb Land Use Contract as described in Schedule D; and
(c) issue development permits required under a land use contract, to the extent
described in Schedule B.
40.
If this bylaw delegates authority to issue a development permit, temporary use
permit or development variance permit, and the application for the permit also
Added by
Bylaw No.
2377, 2022
Amended by
Bylaw No.
2404, 2023
Added by
Bylaw No.
2404, 2023
Amended by
Bylaw No.
2404, 2023
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 11
involves the use or occupancy of adjacent municipal land, or of adjacent land over
which the Resort Municipality holds a statutory right of way, the delegation also
includes the authority to grant a licence or other form of permission authorizing the
use or occupancy, including the installation of improvements.
41.
Council delegates to the General Manager the authority to:
(a) respond on behalf of the Resort Municipality to referrals by the Province of
British Columbia in respect of applications for Crown land tenure and
applications for water licenses, provided that in so responding the General
Manager considers the matters set out in Schedule C;
(b) respond on behalf of the Resort Municipality to referrals for comment by the
Squamish-Lillooet Regional District, the District of Squamish and the Village of
Pemberton in respect of matters arising under Part 14 of the Local Government
Act, except for amendments to the Regional Growth Strategy;
(c) on behalf of the Resort Municipality, execute any modification of a section 219
covenant that establishes flood construction levels or flood setbacks, or both, if
the covenant was registered after the enactment of the Flood Hazard Statutes
Amendment Act, 2003; and
(d) grant a, licence or other form of permission to use or occupy municipal land or
land over which the Resort Municipality holds a statutory right of way, including
permission for the installation of improvements, other than where the authority
is delegated under section 40.
42.
Council delegates to the Building Official the authority to:
(a) approve, in the form of a building permit, any Development Plan and to give
Development Approval required under the Blackcomb Land Use Contract, if the
approval authorizes only interior building improvements including gross floor
area additions that are within the confines of the existing building envelope and
that are within the maximum remaining development potential for the building
established by Council Policy G-19, where applicable; and
(b) on behalf of the Resort Municipality, execute any modification or discharge of a
section 219 covenant restricting gross floor area, but only to the extent that the
covenant being modified or discharged restricts the use of a crawlspace that did
not constitute gross floor area at the time the covenant was granted.
43.
Council delegates to the General Manager the authority to decide not to hold a
public hearing referred to in section 464(2) of the Local Government Act on a
proposed zoning bylaw.
44.
The General Manager, Director of Planning or Manager of Planning may refer
applications under this bylaw to the Resort Municipality's Advisory Design Panel,
Forest and Wildland Advisory Committee or Recreation and Leisure Advisory
Committee or other advisory bodies established by Council for recommendations.
45.
The General Manager, Director of Planning or Manager of Planning's authority to
Added by
Bylaw No.
2377, 2022
Added by
Bylaw No.
2377, 2022
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 12
issue development permits, development variance permits and temporary use
permits under this bylaw includes the authority to amend or cancel those permits
upon the application or agreement of the permit holder.
PERMIT SECURITY
46.
The General Manager, Director of Planning or Manager of Planning may require
security as a condition of the issuance of a development permit or temporary use
permit for the purposes of sections 502(1) and 496(1) of the Local Government Act,
and in doing so must consider the following guidelines as to how the amount of
security is to be determined:
(a) in the case of a condition in a permit respecting landscaping, security in the
amount of 135 percent of the estimated cost to the Resort Municipality of
entering on the land, installing the landscaping, and inspecting and maintaining
the landscaping for such period of time as would be required to ensure its
survival in perpetuity;
(b) in the case of an unsafe condition that might result from a contravention of a
permit condition, the nature of the permit condition, the nature of the unsafe
condition, and the cost to the Resort Municipality 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;
(c) in the case of damage to the natural environment that might result from a
contravention of a permit condition, the nature of the permit condition, the nature
of the damage, and the cost to the Resort Municipality of entering on the land,
correcting 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; and
(d) in the case of a condition in a temporary use permit that the owner give an
undertaking to demolish or remove a building or other structure and restore the
land, the nature of the permit condition, and the cost to the Resort Municipality
of entering on the land and carrying out the demolition, removal or restoration if
the owner of the land fails to comply with the undertaking.
47.
Despite section 45 of this bylaw, the General Manager, Director of Planning or
Manager of Planning may require security as a condition of issuance of a
development permit in the Protection of Riparian Ecosystems Development Permit
Area or the Protection of Sensitive Ecosystems Development Permit Area
designated under the Official Community Plan only in accordance with the security
requirements that are identified in or arise from the applicable guidelines in the
Official Community Plan.
RECONSIDERATION
48.
An applicant may request Council to reconsider a decision of the General Manager,
Amended by
Bylaw No.
2404, 2023
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 13
Director of Planning or Manager of Planning regarding the requirement to provide
development approval information or the issuance of a development permit,
temporary use permit or development variance permit under this bylaw within 30
days after the date of the decision of the General Manager, Director of Planning or
Manager of Planning by delivering to the Corporate Officer a request for
reconsideration in writing, which sets out the following:
(a) the date of the decision and the nature of the decision;
(b) reasons why the applicant wishes the decision to be reconsidered by Council;
(c) the decision the applicant requests be made by Council, with brief reasons in
support of the requested decision; and
(d) a copy of any materials the applicant considers to be relevant to the
reconsideration by Council.
49.
The Corporate Officer must refer a request for reconsideration to a regular meeting
of Council held at least two weeks after the date on which the reconsideration
application is delivered to the Corporate Officer and notify the applicant of the time
and place at which Council will reconsider the decision of the General Manager,
Director of Planning or Manager of Planning.
50.
After having reconsidered a decision of the General Manager, Director of Planning
or Manager of Planning, Council may confirm vary or set aside the decision of the
General Manager, Director of Planning or Manager of Planning and substitute the
decision of Council.
PROPRIETARY RIGHTS AND PUBLICATION OF INFORMATION
51.
Every report or other document provided to the Resort Municipality pursuant to this
bylaw must contain an express grant of permission to the Resort Municipality to
use, reproduce and publish the information contained in the report or other
document for non-commercial purposes.
GENERAL
52.
If any portion of this bylaw is held to be invalid by a court of competent jurisdiction,
it shall be severed from the bylaw and the remaining portions shall remain in full
force and effect as if the bylaw had been enacted without the invalid portion.
53.
Schedules A, B, C, D and E attached hereto and form part of this bylaw.
54.
This bylaw repeals and replaces "Land Use Procedures and Fees Bylaw No. 2019,
2012".
GIVEN FIRST, SECOND AND THIRD READINGS this 20th of September, 2022.
ADOPTED this 4th of October, 2022.
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 14
_____________________________
Jack Crompton,
Pauline Lysaght,
Mayor
Corporate Officer
I HEREBY CERTIFY that this is a
true copy of "Land Use Procedures
and Fees Bylaw No. 2205, 2022".
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 15
SCHEDULE A
APPLICATION FEES
Application Type
Application Fee
Amendments to the Zoning Bylaw, Amendment to a Land Use Contract by
bylaw and Amendments to the Official Community Plan
Amendment to the Zoning Bylaw, Amendment to a Land Use Contract by bylaw -
change in permitted uses and/or change in density up to 465 square metres
$15,000.00
Amendment to the Zoning Bylaw, Amendment to a Land Use Contract by bylaw -
change in permitted uses and/or change in density greater than 465 square
metres
$30,000.00
Amendment to a Zoning Bylaw, Amendment to a Land Use Contract by bylaw -
for a Complex Site Rezoning
A minimum fee of $150,000 for the first
10,000 m2 of site area plus $350 per
additional 100 m2 of site area or portion
thereof, to a maximum fee of $750,000`
Requiring an amendment to the Official Community Plan - Additional Fee
$2,200.00
Requiring Public Hearing - Additional Fee
$3,500.00
Requiring Advisory Design Panel Review - Additional Fee
$1,500.00
Legal Services
At cost
Development Applications
Development Permit, Approval of Development Plan or Development Approval
under the Blackcomb Land Use Contract, Development Permit under Land Use
Contract - delegated and removal or addition of trees or vegetation on the land
only
$1,000.00
Development Permit, Approval of Development Plan or Development Approval
under the Blackcomb Land Use Contract, Development Permit under Land Use
Contract - delegated
$3,000.00
Development Permit, Approval of Development Plan or Development Approval
under the Blackcomb Land Use Contract, Development Permit under Land Use
Contract - requiring Council consideration of issuance
$10,000.00
Development Permit, Approval of Development Plan or Development Approval
under the Blackcomb Land Use Contract, Development Permit under Land Use
Contract - requiring Council consideration of issuance and involving multiple
buildings
$15,000.00
Legal Services
At cost
Development Variance Permits
Development Variance Permit - delegated (except for Variances to Sign Bylaw
No. 558, 1987)
$3,500.00
Development Variance Permit - delegated (variance to Sign Bylaw No. 558,
1987)
$2,000.00
Development Variance Permit - requiring Council consideration of issuance
$5,300.00
Temporary Use Permits
Temporary Use Permit - delegated
$3,000.00
Amended by Bylaw No.
2377, 2022; 2404, 2023
Added
by
Bylaw
No.
2404,
2023
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 16
Temporary Use Permit - requiring Council consideration of issuance
$4,700.00
Temporary Use Permit - amendments or renewals
75% of Original Fee
Other Application Services
Exemption from a Bylaw Establishing a Flood Construction Level or Floodplain
Setback
$4,100.00
Covenant Modification - delegated
$4,300.00
Covenant Modification - requiring Council Consideration
$5,500.00
Antenna System Letter of Concurrence or Non-Concurrence - no consultation
required
$4,200.00
Antenna System Letter of Concurrence or Non-Concurrence - consultation
required
$18,000.00
Licence to use or occupy municipal land
$1,200.00
Permission to use or occupy land over which the Resort Municipality holds a
statutory right of way
$600.00
Other Services By Request
Land Title Searches by Request
$35.00
Site inspection for security drawdown
$375.00 per inspection
Property Zoning Inquiry
$250.00 per property request
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 17
SCHEDULE B
DELEGATED DEVELOPMENT PERMIT CRITERIA
Development permits authorizing:
1.
subdivision of land;
2.
alteration of land including soil removal or deposit, tree cutting or vegetation
removal;
3.
construction of, addition to or alteration of a structure without a roof;
4.
construction of, addition to or alteration of landscaping, trails, pathways,
walkways, sidewalks, patios, roads, driveways, signs, lighting, bollards, fences,
retaining walls, rockstack walls, stairs, decks, guardrails, planters and utilities;
5.
construction of a building, or structure with a roof, up to 20 m2 in floor area and
additions to a building, or structure with a roof, where the total floor area is
increased by 20 m2 or less in the Whistler Village Development Permit Area and
the Whistler Creek Development Permit Area;
6.
construction of a building, or structure with a roof, up to 100 m2 in floor area and
additions to a building, or structure with a roof, where the total floor area is
increased by 100 m2 or less in the Commercial/Industrial Development Permit
Area, the Multi-Family Residential Development Permit Area and the Industrial
Development Permit Area;
7.
construction of, or addition to a detached dwelling or duplex dwelling with any floor
area;
8.
construction of, addition to or alteration of solid waste separation and storage
facilities with any floor area in compliance with Resort Municipality of Whistler
"Solid Waste Bylaw No. 2133, 2017";
9.
alteration of a structure with a roof, or alteration of a building except the alteration
of more than one side of a building in the Whistler Village Development Permit
Area;
10.
alteration of more than one side of a building in the Whistler Village Development
Permit Area for any of the following:
a. exterior painting;
b. exterior roofing materials; or
c. exterior communications equipment, chimneys, mechanical equipment,
eavestroughs, downspouts, and other appurtenances;
11.
demolition of a building or structure; and
12.
interior renovations that enclose storefront windows with display walls or cabinets
that impede views into a store.
Amended by
Bylaw 2404,
2023
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 18
SCHEDULE C
CROWN REFERRAL RESPONSE GUIDELINES
1.
Whether the application is, in the opinion of the General Manager, consistent with
the Resort Municipality's vision, goals, objectives and policies, as expressed in the
Official Community Plan and as understood by the General Manager.
2.
Whether the application is, in the opinion of the General Manager, consistent with
current bylaws and municipal policies, including the Official Community Plan, and
Zoning Bylaw.
3.
Whether the application is, in the opinion of the General Manager, consistent with
current regional land use plans.
4.
Whether the application, in the opinion of the General Manager, affects areas of
significant environmental, scenic, social or cultural land use concerns.
5.
Whether the application, in the opinion of the General Manager, exhibits high
standards of quality and appearance, and whether, in the opinion of the General
Manager, building materials, colours and façade treatments are consistent with
mountain character, and service and back-of-house areas are suitably screened.
6.
Where, in the opinion of the General Manager, there is any possibility of clean-up
or remediation being required after the use ceases, and whether security for that
purpose will be provided to the Province.
7.
Whether the application, in the opinion of the General Manager, reflects carrying
capacity.
8.
Whether the application, in the opinion of the General Manager, preserves public
use and access to and over Crown land or whether, in the opinion of the General
Manager, closure or reduction of public use and access is acceptable or whether
an alternate public use opportunity should be provided elsewhere.
9.
Whether the application, in the opinion of the General Manager, addresses
ongoing maintenance of existing trails and facilities.
10.
Whether, in the opinion of the General Manager, a commercial recreation
application contributes to a balanced mix of viable commercial and public
recreational experiences in the Whistler area.
11.
Whether, in the opinion of the General Manager, a commercial recreation
application is compatible with the operational needs of existing tenured
commercial recreation businesses.
Amended by
Bylaw 2404,
2023
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 19
SCHEDULE D
DELEGATED BLACKCOMB LAND USE CONTRACT
DEVELOPMENT PLAN CRITERIA
Development Plans and Development Approvals that are consistent with the gross floor
area restrictions established by Council Policy G-19 and authorize:
1.
subdivision of land;
2.
exterior repainting of an entire building, or an entire part of a building;
3.
alteration of land including landscaping, planters, stairs, walkways, decks,
guardrails, retaining walls, rock stacking and other hard landscaping;
4.
Roads, driveways and utilities;
5.
changes to exterior building materials or roofing materials;
6.
exterior lighting alterations or installations of additional exterior lighting, whether
the lighting is to be attached to a building or placed elsewhere on the property;
7.
building demolition;
8.
exterior building repairs;
9.
new exterior windows or doors, in existing or new locations;
10. placement of exterior communications equipment, chimneys, HVAC equipment,
eavestroughs, downspouts, and other appurtenances;
11. new buildings or structures with floor areas up to 20 m2 and additions to
buildings or structures beyond the existing building envelope, whether fully or
partially enclosed or fully open to the outside except for a roof covering, where
the total interior floor area is increased by 20 m2 or less;
12. new multi-family development or renovations to existing multi-family
development on the lands shown outlined in heavy black line and shaded on the
map attached as Map 1 of Schedule D;
13. new buildings and structures for solid waste separation and storage facilities in
compliance with "Resort Municipality of Whistler Solid Waste Bylaw No. 2139,
2017";
14. approval of comprehensive sign plans and amendments to a comprehensive
sign plan.
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 20
Map 1 of Schedule D
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 21
SCHEDULE E
DELEGATED DEVELOPMENT VARIANCE PERMIT
CRITERIA AND GUIDELINES
A.
A variance is minor if it varies:
1. any of the following provisions of the Zoning Bylaw:
(a) siting and design standards for off-street parking or loading spaces;
(b) regulations for tandem parking;
(c) regulations for the siting or height of solid waste separation and storage
facilities;
(d) site coverage regulations, provided that maximum site coverage is not
increased by more than 25%;
(e) building setback regulations, provided that a required setback is not reduced
by more than 25%;
(f) exceptions to setback regulations for projections in Section 7 of Part 5 with
the exception of foundations or supports for such projections as described in
subsection 7(1) of Part 5, and provided that the variance deals only with the
extent of a projection and does not provide an exception for a type of
projection that is not provided for in the bylaw;
(g) building height regulations, provided that permitted height is not increased
by more than 10%;
(h) fence height regulations, provided that permitted height is not increased by
more than 25%; or
2. a provision of Sign Bylaw No. 558, 1987 that restricts the number, size, type, form,
appearance or location of a sign.
B.
The General Manager and Director of Planning must consider the following
general guidelines in deciding whether to issue a Development Variance
Permit:
1. The variance should be consistent with the goals, objectives and policies in the
Official Community Plan and any other relevant Council-approved municipal policy
documents.
2. The variance application should be supported by a sound justification based on
the applicant's inability to reasonably develop the site in an efficient and effective
manner while complying with bylaw requirements, or on the provision of a benefit
to the community or adjacent properties in the form of a preferable development
outcome that is attributable to the variance.
3. The variance should not defeat the express or implicit intent of the bylaw
requirement or restriction being varied.
Amended by
Bylaw 2424,
2023
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 22
4. The variance should not impose any additional costs on the Resort Municipality
such as additional cost to provide services to the development site or adjacent
properties.
5. The variance should not create or exacerbate any risk to public safety.
6. The variance should enable the applicant's development to do one or more of the
following:
(a) complement the streetscape or neighbourhood;
(b) work with the topography of the site without major site preparation or
earthworks;
(c) maintain or enhance desirable site features such as natural vegetation, trees
and rock outcrops;
(d) use superior building siting in relation to light access, reducing building
energy requirements;
(e) use superior building siting in relation to the privacy of occupants and
neighbours; and
(f) preserve or enhance views from neighbouring buildings and sites.
7.
The variance should not result in a significant negative impact on the streetscape
or neighbourhood and should incorporate mitigation measures to reduce any
identified negative impact. Potential negative impacts to be considered include:
(a) inconsistency of the development with neighbourhood character;
(b) increased apparent building bulk as viewed from the street or surrounding
neighbourhood;
(c) extensive additional site preparation or earthworks;
(d) substantial impact on the use or enjoyment of adjacent land such as
reduction of sunlight access or privacy or obstruction of views; and
(e) impact on services such as roads, utilities and snow clearing operations.
C.
The General Manager and Director of Planning must consider the following
guidelines in deciding whether to issue a Development Variance Permit in
respect of any of the particular types of regulations indicated below:
Sign Regulations
1.
A variance of the number, size or location of signs should not result in a significant
increase in the total number or sign area of on-site signage or disrupt the
aesthetic character of the development or adjacent neighbourhood.
2.
A variance should not adversely impact neighbouring properties, for example by
increasing exposure to artificial light.
Consolidated Land Use Procedures and Fees Bylaw No. 2205, 2022
Page 23
Off-Street Parking Design Standards
1.
A variance of the design standard for off-street parking spaces should not create
or exacerbate any safety hazard related to the operation of motor vehicles or other
forms of transportation.
Solid Waste Separation and Storage Facility Regulations
1.
A variance should not be approved without consultation with the operator of the
facility and the municipal engineer to ensure operational feasibility.
2.
A variance should not result in an increase in disruptive intermittent noise affecting
building occupants or neighbours.
Building Siting Regulations
1.
A variance should not reduce the livability of existing residential units or units in
the development. The applicant should demonstrate with appropriate drawings
and calculations that the variance would not significantly interfere with privacy or
access to sunlight.
Building Height Regulations
1.
The variance application should be supported with drawings and calculations
illustrating shadow and view impacts of the proposed variance, including impacts
on public spaces such as parks and green spaces.
2.
The application should be assessed in relation to compatibility with both existing
adjacent uses and uses permitted or contemplated by the Zoning Bylaw and the
Official Community Plan.