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Part XXVII — Planning and Development
559. In this Part, or in any by-law made thereunder, unless the context otherwise requires,
"building" and "construction" mean "building" and "construction" as defined in section 304;
"certificate of use and occupancy" means a certificate issued by the Director of Planning or such other persons as are authorized by Council, designating the authorized use or occupancy of any land or building;
"conditional approval use" means a use of land or a building which is permitted in a district or zone at the discretion of Council or an official or board to whom the discretion is delegated;
"development" means a change in the use of any land or building, or the carrying-out of any construction, engineering or other operations in, on, over, or under land or land covered by water;
"development plan" means a plan or plans for the future physical development of the city or any part thereof, whether expressed in drawings, reports, or otherwise, and whether complete or partial;
"form of tenure" means the legal basis on which a person occupies a housing unit;
"greenhouse gas" has the same meaning as in the Climate Change Accountability Act;
"heritage conservation area" means an area designated under section 561 (2) (c) (iv) in an official development plan;
"non-conforming" as applied to a development means that such development was lawful when it took place but, by reason of a zoning by-law subsequently passed, does not conform to the uses permitted or regulations prescribed by such by-law. "Non-conformity" shall have a corresponding meaning;
"official development plan" means any development plan, whether complete or partial, which has been adopted under this Part;
"owner" shall include the agent or representative of a person owning or in possession of real property or in receipt of the rents or profits therefrom whether on the person's own account or as agent or trustee for any other person;
"residential rental tenure" means a form of tenure as such form of tenure is defined in a zoning by-law;
"strata lot" has the same meaning as in section 1 of the Strata Property Act;
"structural alteration" includes any work or construction which involves any change, modification, replacement, or repair of any supporting member of a building, including the bearing walls, columns, beams, or girders thereof;
"zoning by-law" shall include a zoning and development by-law.
1959-107-20; 1964-72-16; 1987-52-32; 1988-67-11; 2002-22-30; 2008-23-37; 2018-26-12; 2018-32-5; 2021-5-94; 2022-15-76,Sch 4.
Division (2) — Planning and Development
560. The Council may appoint a Director of Planning, who shall have such duties and powers as the Council may from time to time prescribe.
1959-107-20.
560A. The Director of Planning or anyone authorized by the Director of Planning shall have power to enter on to any land or into any building at any reasonable time for the purpose of inspecting such land or building in order to ascertain if the provisions of a zoning by-law are being or have been carried out.
1963-60-16; 2022-15-75,Sch 3.
561. (1) The Council may have development plans prepared or revised from time to time.
(2) A development plan under this section may
(a) relate to the whole city, or to any particular area of the city, or to a specific project or projects within the city;
(b) be altered, added to, or extended;
(i) land for streets, lanes and other public thoroughfares, and for the widening of streets, lanes and other public thoroughfares,
(ii) sites for parks, schools and public buildings,
(iii) areas for special projects, including projects that require development or redevelopment as a whole, and
(iv) for the purposes of heritage conservation, heritage conservation areas in accordance with section 596A.
(3) A development plan under this section must include housing policies of the Council respecting affordable housing, rental housing and special needs housing.
(3.1) The Council must consider the most recent housing needs report received by the Council under section 574.4, and the housing information on which the report is based,
(a) when developing a development plan, or
(b) when amending a development plan in relation to housing policies under subsection (3).
(4) A development plan under this section may include the following:
(a) policies of the Council relating to social needs, social well-being and social development;
(b) policies of the Council relating to the preservation, protection, restoration and enhancement of the natural environment, its ecosystems and biological diversity;
(c) a regional context statement, consistent with the rest of the development plan, of how matters referred to in section 429 (2) (a) to (c) of the Local Government Act, and other matters dealt with in the development plan, apply in a regional context.
(5) To the extent that a development plan under this section deals with these matters, it should work towards the purpose and goals referred to in section 428 of the Local Government Act.
1992-15-3; 1994-52-170; 1995-9-17; 1997-24-18; 1997-25-207; 2000-7-191; 2002-22-31; RS2015-1-RevSch; 2018-20-8.
561A (1) For the purposes of this section and section 561B, "excess or extended services" means
(a) a portion of a street system that will provide access to land other than the land being subdivided or developed, and
(b) a portion of a water, sewage or drainage system that will serve land other than the land being subdivided or developed.
(2) The Council may require that the owner of land that is to be subdivided or developed provide excess or extended services.
(3) If the Council makes a requirement under subsection (2), the cost of providing the excess or extended services must be paid for
(b) if the Council considers its costs to provide all or part of these services to be excessive, by the owner of the land being subdivided or developed.
2020-1-14.
561B (1) For the purposes of this section, "latecomer charge" means a charge under subsection (2) (c).
(2) If the owner is required under section 561A (3) (b) to pay all or part of the costs of excess or extended services, the city must
(a) determine the proportion of the cost of providing the street or water, sewage or drainage facilities that it considers constitutes the excess or extended services,
(b) determine which part of the excess or extended services that it considers will benefit each of the parcels of land that will be served by the excess or extended services, and
(c) impose, as a condition of an owner connecting to or using the excess or extended services, a charge related to the benefit determined under paragraph (b).
(3) If the owner pays all or part of the costs of excess or extended services, the city must pay the owner
(a) all the latecomer charges collected under subsection (2) (c), if the owner pays all the costs, or
(b) a corresponding proportion of all latecomer charges collected, if the owner pays a portion of the costs.
(4) If the city pays all or part of the costs of excess or extended services, it may recover costs
(a) by a latecomer charge under subsection (2) (c), or
(b) by a tax imposed in accordance with Part XXIV [Local Improvements], other than section 506 [process for initiating local improvements].
(5) A latecomer charge must include interest calculated annually at a rate established by bylaw, payable for the period beginning when the excess or extended services were completed, up to the date that the connection is made or the use begins.
(6) Subject to subsection (7), latecomer charges must be collected during the period beginning when the excess or extended services are completed, up to
(a) a date to be agreed on by the owner and the city, or
(b) if there is no agreement, a date determined under the Arbitration Act.
(7) No latecomer charges are payable beyond 15 years from the date the services are completed.
(8) If an owner, in accordance with a bylaw under section 292, provides a street or water, sewage or drainage facilities that serve land other than the land being subdivided or developed, this section applies.
2020-1-14.
562. (1) The Council may, by by-law,
(a) adopt as the official development plan, or as a part of the official development plan, any development plan prepared under section 561, or
(b) revise or amend the official development plan or any part of the official development plan.
(2) If a by-law under subsection (1) adopts or amends a regional context statement under section 561 (4) (b), before adoption of the by-law the Council must refer the by-law for comment to the board of the Metro Vancouver Regional District.
(3) Before adopting a by-law under subsection (1), if the official development plan designates a heritage conservation area and includes a schedule referred to in section 596A (3) (b), the Council must hold a public hearing.
(4) Section 566 (1.1), (1.2) and (3) to (5.1) [amendment or repeal of zoning by-law] applies in respect of the adoption of a by-law under subsection (1) and a public hearing referred to in subsection (3).
1995-9-18; 2002-22-32; 2008-42-138; 2018-23-53; 2021-16-22.
562.01 An official development plan under section 562 must include targets for the reduction of greenhouse gas emissions in the area covered by the plan, and policies and actions of the Council proposed with respect to achieving those targets.
2008-23-38.
562.1 The Council, if it has adopted or proposes to adopt, revise or amend an official development plan for all or any part of the city, shall, at the time of preparing, revising or amending the official development plan and, in any event, not less frequently than once in each calendar year, consult with the boards of education for the school districts that are wholly or partially included in the area to which the official development plan applies and seek their input as to
(a) the actual and anticipated needs for school facilities and support services in the school districts,
(b) the size, number and location of the sites anticipated to be required for the school facilities referred to in paragraph (a),
(c) the type of school anticipated to be required on the sites referred to in paragraph (b),
(d) when the school facilities and support services referred to in paragraph (a) are anticipated to be required, and
(e) how the existing and proposed school facilities relate to existing or proposed community facilities in the area.
1993-6-20; 2007-29-44.
563. (1) The adoption by Council of a development plan shall not commit the Council to undertake any of the developments shown on the plan.
(2) The Council shall not authorize, permit, or undertake any development contrary to or at variance with the official development plan.
(3) It shall be unlawful for any person to commence or undertake any development contrary to or at variance with the official development plan.
1959-107-20.
564. (1) Where a project is shown upon an official development plan, the Council may acquire any real property it considers essential to the carrying-out of the project, and in addition acquire other adjacent or neighbouring real property. Such additional real property may include
(a) the remnants of parcels, portions of which are essential to carrying out the project;
(b) any lands which may be injuriously affected by the project;
(c) any lands which, if allowed to be built upon without restriction, might become the site of buildings or structures which would prejudicially affect the full enjoyment of any building forming part of the project or the architectural effect thereof;
(d) any lands which the Council is of the opinion could be conveniently and profitably resubdivided or rearranged and developed as part of the project.
(2) The Council shall have the same right to purchase or expropriate the additional lands as it has to purchase or expropriate the lands immediately necessary for the carrying-out of the project under this Act.
(3) Any expenses incurred in acquiring additional lands shall be met as part of the project, and the proceeds of any sale or other disposition of the lands so acquired shall be applied, in so far as they are required, in reduction of the cost of carrying out the project.
1959-107-20.
565. (1) The Council may make by-laws
(a) dividing the city or any portion thereof into districts or zones of such number, shape, or size as Council may deem fit;
(b) regulating, within any designated district or zone, the use or occupancy of land and land covered by water for or except for such purposes as may be set out in the by-law;
(b.1) limiting the form of tenure in accordance with section 565.01;
(c) regulating, within any designated district or zone, the construction, use, or occupancy of buildings for or except for such purposes as may be set out in the by-law;
(d) regulating the height, bulk, location, size, floor area, spacing, and external design of buildings to be erected within the city or within designated districts or zones;
(e) establishing, in any district or zone, building lines and the area of yards, courts and open spaces to be maintained and the maximum percentage of the area of land that can be covered by impermeable material;
(e.1) regulating, in any district or zone, the maximum density of population or the maximum floor-space ratio permissible;
(f) designating districts or zones in which there shall be no uniform regulations and in which any person wishing to carry out development must submit such plans and specifications as may be required by the Director of Planning and obtain the approval of Council to the form of development, or in which any person wishing to carry out development must comply with regulations and guidelines set out in a development plan or official development plan;
(f.1) requiring, where it creates a zone pursuant to this section, that as a condition of approving a form of development a person provide public amenities, facilities or utilities or provide land for such purposes or require that the person retain and enhance natural physical features of a parcel being developed;
(g) delegating to the Director of Planning or such other persons as are authorized by Council the authority to certify the authorized use or occupancy of any land or building;
(h) providing for certificates of use or occupancy and providing that the use or occupancy of any land or building other than in accordance with the certificate of use or occupancy applicable to such land or building shall constitute a violation of the by-law and shall render the owner of the land or building liable to the penalties provided in the by-law;
(i) authorizing the collection of a fee for a certificate of use or occupancy, which fee may vary according to the type of use or occupancy or the value of the land or building used or occupied;
(j) describing the zones or districts by the use of maps or plans, and the information shown on such maps or plans shall form part of the by-law to the same extent as if included therein.
(2) A by-law regulating the use or occupancy of land, land covered by water or buildings may
(a) permit uses or occupancies existing at a date specified in the by-law as outright uses, and
(b) make uses or occupancies existing at a date specified in the by-law conditional approval uses as of that date.
(3) The regulations under subsection (1) may be different for different protected heritage property, as specified in the by-law.
1959-107-20; 1964-72-17; 1990-76-10; 1992-57-14; 1994-43-95; 1994-52-171; 2018-26-13.
565.01 (1) A zoning by-law may limit the form of tenure to residential rental tenure within a district or zone or part of a district or zone for a location in relation to which multi-family residential use is permitted.
(2) A limit under subsection (1) may limit the form of residential rental tenure in relation to a specified number, portion or percentage of housing units in a building.
2018-26-14.
565.02 If the Council adopts a zoning by-law that limits the form of tenure to residential rental tenure, the zoning by-law in relation to residential rental tenure does not affect the following:
(a) any lawful bylaw that a strata corporation may pass under Part 8 [Rentals] of the Strata Property Act;
(b) any lawful rule that a housing cooperative may adopt in relation to rental of housing.
2018-26-14.
(a) establish different density regulations for a district or zone, one generally applicable for the district or zone and the other or others to apply if the applicable conditions under paragraph (b) are met, and
(b) establish conditions in accordance with subsection (2) that will entitle an owner to a higher density under paragraph (a).
(2) The following are conditions that may be included under subsection (1) (b):
(a) conditions relating to the conservation or provision of amenities, including the number, kind and extent of amenities;
(b) conditions relating to the provision of affordable and special needs housing, as such housing is defined in the by-law, including the number, kind and extent of the housing;
(c) a condition that the owner enter into a housing agreement under section 565.2 before a building permit is issued in relation to property to which the condition applies.
(3) A zoning by-law under section 565 (1) (f) may designate an area within a zone for affordable or special needs housing, as such housing is defined in the by-law, if the owners of the property covered by the designation consent to the designation.
1993-58-5; 1994-43-96.
565.2 (1) Council may, by by-law, enter into a housing agreement under this section.
(2) A housing agreement may include terms and conditions agreed to by Council and the owner regarding the occupancy of the housing units identified in the agreement, including but not limited to terms and conditions respecting one or more of the following:
(a) the form of tenure of the housing units;
(b) the availability of the housing units to classes of persons identified in the agreement or the by-law under subsection (1) for the agreement;
(c) the administration and management of the housing units, including the manner in which the housing units will be made available to persons within a class referred to in paragraph (b);
(d) rents and lease, sale or share prices that may be charged, and the rates at which these may be increased over time, as specified in the agreement or as determined in accordance with a formula specified in the agreement.
(3) A housing agreement may not vary the use or density from that permitted in the applicable by-law.
(4) A housing agreement may only be amended by by-law adopted with the consent of the owner.
(5) If a housing agreement is entered into or amended, the city must file in the land title office a notice that the land described in the notice is subject to the housing agreement, as amended if applicable.
(6) Once a notice is filed under subsection (5), the housing agreement or the amendment to it is binding on all persons who acquire an interest in the land affected by the agreement.
(7) On filing under subsection (5), the registrar must make a note of the filing against the title to the land affected but, in the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making of a note of the filing,
(a) the registrar is not liable and neither the Crown nor the Land Title and Survey Authority of British Columbia is liable vicariously,
(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and
(b) the assurance fund or the minister charged with the administration of the Land Title Act as a nominal defendant is not liable under Part 20 of the Land Title Act.
(8) The Lieutenant Governor in Council may prescribe fees for the filing of notices under subsection (5), and section 386 of the Land Title Act applies in respect of those fees.
1993-58-5; 1999-37-327; 2004-66-167; 2019-5-25.
565A. Council may make by-laws
(a) prohibiting any person from undertaking any development without having first obtained a permit therefor. Such permit shall hereinafter be referred to as a "development permit";
(b) providing that a development permit may be limited in time and subject to conditions, and making it an offence for any person to fail to comply with such conditions;
(c) providing that no building permit shall be issued for the construction of any building until a development permit has first been obtained;
(d) delegating to any official of the city or to any board composed of such officials such powers of discretion relating to zoning matters which to Council seem appropriate;
(d.1) subject to sections 578 (2) and 579 (2), delegating to the Director of Planning, or to any board composed of officials of the city, the power to refuse to issue a development permit if, in the opinion of the delegate, the proposed action would detract from the heritage value or heritage character of protected heritage property;
(d.2) providing that the failure to obtain a permit required under section 193D in relation to the same property is a basis for refusing to issue a development permit;
(e) providing for relaxation of the provisions of a zoning by-law or a by-law prescribing requirements for buildings where
(i) enforcement would result in unnecessary hardship,
(ii) Council determines that the proposed development would make a contribution to conserving heritage property,
(iii) Council determines that the proposed development makes provision for public space or activities,
(iv) Council determines that the proposed development makes provision for low cost housing for persons receiving assistance, or
(v) the proposed development is in relation to a special event, as designated by Council by by-law or resolution.
Such relaxation may be limited in time and may be subject to conditions. The by-law may authorize such relaxation by an official of the city or by any board constituted pursuant to subsection (d). The power to relax the provisions of a zoning by-law shall not be used to permit construction to provide for multiple occupancy in a one family dwelling district nor to permit the use or occupancy of a dwelling as a multiple dwelling in such district unless it was so used or occupied as at April 1, 1977; provided however, that the occupancy of a suite authorized by a by-law passed pursuant to section 565C shall not constitute a multiple occupancy;
(f) providing for the payment of a fee upon application for a development permit, which fee may vary accordingly to the value or type of development for which the permit is sought;
(g) providing that the use or occupancy of any land or building in contravention of the provisions of a zoning by-law or the conditions of a development permit shall constitute a violation of the zoning by-law and shall render the owner of the land or building liable to the penalties provided in the by-law;
(h) prohibiting the use or occupancy of any land or building on or in which a development has taken place since the eighteenth day of June, 1956, without a development permit;
(i) prohibiting the erection, use, or occupancy of any building or the use or occupancy of any land unless due provision is made for public safety and amenity, sanitary facilities, water supply, and drainage;
(j) and (k) [Repealed 1992-79-12.]
1964-72-18; 1966-69-23; 1978-41-31; 1988-67-12; 1990-77-2; 1992-79-12; 1994-43-97; 1997-44-3; 2009-22-87.
565B. The Council may in the exercise of its powers under this Part
(a) define what constitutes a family and what constitutes a household support person and may, for the purpose of regulating the occupancy of suites, adopt different definitions of family and household support persons from those adopted to regulate the occupancy of the principal dwelling unit, and
(b) define what constitutes a principal dwelling unit and what constitutes a suite.
1988-67-13.
565C. (1) The Council may in the exercise of its powers under this Part permit, as a conditional approval use, the occupancy of a suite or suites by members of the family of, or household support persons employed by, the owner or occupant of the principal dwelling unit.
(2) The Council may as a condition of permitting the use of suites as authorized under subsection (1), require
(a) that a development permit, limited in time, be obtained authorizing such use, and such permit may limit use to occupancy by persons named in the permit, and
(b) that security, in a form, amount and for a period of time set out in the by-law, be posted to ensure that the suite is not occupied other than by persons authorized as occupants by the development permit.
(3) A development permit authorizing any use of a suite shall expire and become void on a change of ownership or occupancy of the principal dwelling unit or a sale of the premises in which the suite is situate.
(4) The granting of the specific powers in this section shall not be taken in any way to diminish the general power to regulate the use or occupancy of land conferred by section 565.
1988-67-13.
565D. (1) In this section, "phase out suite" means a suite which was in existence on October 22, 1986 and which suite or the use or occupancy thereof was on that date not permitted by by-law.
(2) Council may, by by-law, permit the retention of one or more phase out suites for a limited period of time and on such conditions as may be prescribed in the by-law.
1988-67-13.
565E. When a development permit which is limited in time expires, then notwithstanding section 568, any use permitted by such permit becomes unlawful.
1988-67-13.
565F. The Council may, by by-law, provide that
(a) a permit for a conditional approval use, or
(b) a zone or district designated under section 565 (1) (f)
may include requirements respecting the provision, maintenance and retention of landscaping, including the submission of plans showing the landscaping to be provided, maintained and retained.
1994-52-172.
566. (1) The Council shall not make, amend, or repeal a zoning by-law until it has held a public hearing thereon, and an application for rezoning shall be treated as an application to amend a zoning by-law.
(1.1) Subject to subsection (1.2), a public hearing under subsection (1) may be conducted by means of electronic or other communication facilities.
(1.2) The facilities referred to in subsection (1.1) must enable the public hearing's participants to hear, or watch and hear, each other.
(2) Council may by by-law require every person applying for an amendment to the zoning by-law to accompany the application with a fee to be prescribed by by-law.
(2.1) A fee under subsection (2) may vary depending on the size of the area covered by the proposed rezoning, and the by-law establishing the fee may provide for a reduction of the fee depending upon the complexity or scope of the proposed amendment.
(2.2) A fee under subsection (2) must not exceed the average costs of processing, inspection, advertising and administration that are usually related to a zoning by-law amendment of the kind to which the fee relates.
(3) Notice of the hearing must be published in accordance with section 3 and must include
(a) the time and date of the hearing,
(b) the place of the hearing, if applicable,
(c) the way in which the hearing is to be conducted by means of electronic or other communication facilities, if applicable, and
(d) the place where and the times when a copy of the proposed bylaw may be inspected.
(3.1) If the Council has adopted a bylaw under section 3.2, the notice under this section must be published by at least one of the means of publication specified in the bylaw at least 7 days and not more than 14 days before the date of the hearing.
(3.2) If the Council has not adopted a bylaw under section 3.2, the last publication of the notice must be at least 7 days and not more than 14 days before the date of the hearing.
(4) At the hearing all persons who deem themselves affected by the proposed by-law shall be afforded an opportunity to be heard in matters contained in the proposed by-law, and the hearing may be adjourned from time to time.
(5) After the conclusion of the public hearing, the Council may pass the proposed by-law in its original form or as altered to give effect to such representations made at the hearing as the Council deems fit.
(5.1) A member of the Council who
(a) is entitled to vote on a proposed by-law that was the subject of a public hearing, and
(b) was not present at the public hearing
may vote on the passing of the proposed by-law if an oral or written report of the public hearing has been given to the member by the Director of Planning or another official of the city.
(6) Notwithstanding the provisions of this section, where any street or part thereof has been stopped up under the provisions of any Act and the ownership thereof is transferred to the owner of an adjoining parcel of land, then the land formerly comprising the street or part thereof so stopped up shall be deemed to be zoned for the same purpose for which the parcel of which it has become a part is already zoned unless the Council by resolution shall otherwise direct.
(7) Notwithstanding the provisions of this section, where any land zoned pursuant to this Part has been transferred to the city for street purposes, whether such street is established or opened up by the city or not, such land shall be deemed not to be zoned unless the Council by resolution shall otherwise direct.
1959-107-20; 1962-82-16; 1992-57-15; 1999-38-65; 2008-42-139; 2010-6-136; 2021-16-23; 2021-30-55.
567. Where the provisions of the zoning by-law impose requirements for a lower height of buildings, or a less percentage of a lot that may be occupied, or require wider or larger courts or deeper yards than are imposed or required by the provisions of the building by-law, the provision of the zoning by-law shall govern; but where the provisions of the building by-law impose requirements for a lower height of buildings, or a less percentage of lot that may be occupied, or require wider or larger courts or deeper yards than are required by the zoning by-law, the provisions of the building by-law shall govern.
1959-107-20.
568. (1) Non-conformity shall be divided into two types: —
(a) Non-conformity with respect to the use which is made of the premises;
(b) Non-conformity arising out of change in the regulations governing matters other than the use which may be made of the premises.
(2) A building lawfully under construction at the time of coming into force of a zoning by-law shall for the purpose of that by-law be deemed to be a building existing at that time. For the purposes of this subsection, a building shall be deemed to be lawfully under construction if a development permit has been issued and such permit remains valid.
(3) A lawful use of premises existing at the time of coming into force of a zoning by-law, although such use is not in accordance with the provisions of the by-law, may be continued; but, if such non-conforming use is discontinued for a period of ninety days, any future use of those premises shall be in conformity with the provisions of the by-law. The Board of Variance may extend the aforesaid period of 90 days to a maximum of 180 days.
(4) No additions or structural alterations except those required by Statute or by-law shall be made to a non-conforming building without
(a) the approval of the Board of Variance if the non-conformity is in respect of use;
(b) the approval of the Director of Planning if the non-conformity is in respect of regulations only.
(5) Where a non-conforming building is damaged or destroyed by fire to the extent of sixty per centum or more of its value above its foundations as determined by the City Building Inspector, whose decision shall be subject to review by the Board of Variance, it shall not be repaired or reconstructed without the approval of
(a) the Board of Variance if the non-conformity is in respect of use;
(b) the Director of Planning if the non-conformity is in respect of regulations only.
(7) Despite subsection (4), additions or structural alterations to a protected heritage property may be undertaken if they are permitted or authorized in accordance with the provisions governing the heritage protection of the property.
(8) Subsection (5) does not apply to additions or structural alterations made to a protected heritage property if the additions or structural alterations are permitted or authorized in accordance with a heritage alteration permit under section 597.
1959-107-20; 1960-80-13; 1961-76-14; 1969-45-26; 1974-104-46; 1985-89-8; 1987-52-33; 1994-43-98.
568.1 (1) If, at the time a zoning by-law that limits the form of tenure to residential rental tenure is adopted, a housing unit to which the by-law applies has a form of tenure other than residential rental tenure, the other form of tenure continues as a non-compliant form of tenure.
(2) If, at the time a zoning by-law that limits the form of tenure to residential rental tenure is adopted, the Council has issued a building permit or a development permit in relation to a building that will contain housing units to which the by-law would otherwise apply, and the housing units have or may have a form of tenure other than residential rental tenure, the other form of tenure continues as a non-compliant form of tenure.
2018-26-15.
568.2 (1) Subject to subsection (2), if a non-compliant form of tenure is authorized, under section 568.1, to continue in relation to a housing unit in a building and the building is maintained, extended or altered, the non-compliant form of tenure continues if the repair, extension or alteration would, when completed, involve no further contravention of the by-law than that existing at the time the repair, extension or alteration was started.
(2) If the repair, extension or alteration includes the construction of additional housing units, the additional housing units are subject to the zoning by-law in relation to residential rental tenure.
2018-26-15.
568.3 For the purposes of this Division and subject to section 568.4, a change of owners, tenants or occupants of a housing unit does not, by reason only of the change, affect the authority to continue a non-compliant form of tenure of the housing unit.
2018-26-15.
568.4 If
(a) a non-compliant form of tenure is authorized to continue under section 568.1 in relation to a housing unit in a building,
(b) the building includes strata lots,
(c) the strata corporation for the owners of the strata lots is wound up under Part 16 of the Strata Property Act, and
(d) there is a disposition of all of the land and the building of that strata corporation,
the non-compliant form of tenure is no longer authorized to continue.
2018-26-15.
569. (1) Where a zoning by-law is or has been passed, amended, or repealed under this Part, or where Council or any inspector or official of the city or any board constituted under this Act exercises any of the powers contained in this Part, any property thereby affected shall be deemed as against the city not to have been taken or injuriously affected by reason of the exercise of any such powers or by reason of such zoning and no compensation shall be payable by the city or any inspector or official thereof.
(2) Notwithstanding that the Board of Variance has relaxed the provisions of a by-law enacted under this Part, in determining the compensation payable by the city for the taking of lands for the widening of a street in respect of which a building line has been fixed, the city is not liable to pay compensation for or in respect of any building erected in contravention of the by-law fixing the building line.
(3) Upon the acquisition of such lands by the city, the owner shall, upon demand by the city, remove such building or part thereof, as the case may be, and, in default thereof, the city may remove the same and the costs of such removal and any other costs incidental thereto shall be a debt due to the city payable by the owner of the property recoverable by action and shall be a charge on the balance of the land unless sooner paid to the city.
(4) Where the use of land or the siting of existing buildings and structures on the land ceases, as a result of expropriation of land, to conform to a zoning by-law under this Part, the remainder of the property is deemed to conform, unless compensation was paid to the owner or occupant of the land in an amount that is directly attributable to the loss, if any, suffered by that owner or occupant as a result of the non-conformity.
1959-107-20; 1964-72-19; 1965-68-28; 1969-45-27; 1970-54-29; 1990-76-11.
570. (1) Before the adoption of a zoning by-law, an official development plan or a by-law under section 593 designating a heritage property, or of an amendment to a zoning by-law or an alteration, addition or extension to an official development plan, the Council may cause to be withheld the issuance of any development or building permit for a period of 30 days from the date of application for such permit.
(2) Where any permit is so withheld, the application therefor shall be considered by the Council within the said period of thirty days, and, if in the opinion of the Council, the development proposed in the application would be at variance or in conflict with a development plan in the course of preparation, or with an alteration, addition, or extension to an official development plan in course of preparation, or with a zoning by-law in course of preparation, or with an amendment to a zoning by-law in course of preparation, the Council may withhold the permit for a further sixty days from the expiration of the thirty-day period hereinbefore referred to, or the Council may impose such conditions on the granting of the development permit as may appear to the Council to be in the public interest.
(3) In the event that the Council does not within the said period of sixty days adopt any such plan, alteration, addition, extension, or by-law, the owners of the land in respect of which a development permit was withheld or conditions were imposed pursuant to this section shall be entitled to compensation for damages arising from the withholding of such development permit, or the imposition of such conditions. Such compensation shall be determined by arbitration pursuant to the Arbitration Act.
(4) Despite subsection (1), an owner of property for which a permit has been withheld before the adoption of a by-law designating a heritage property may agree that a permit may be withheld for a period longer than the 30 days referred to in subsection (1) and, in that case, subsection (1) continues to apply during that longer period and subsection (2) is deemed to read as if the longer period applies.
1959-107-20; 1986-3-53, effective July 4, 1986 (B.C. Reg. 148/86); 1994-43-99; 2011-25-481.
571A. (1) The Council may make by-laws for regulating the number, size, type, form, appearance and location of signs, whether projecting into a street or not, and the by-law may contain different provisions for different zones and for different uses within a zone.
(1.1) The Council may, by by-law, establish fees payable to the city for an application to initiate a change to a by-law under subsection (1).
(2) The Council may, by resolution passed by not less than two-thirds of all its members, order the removal of any sign, whether located on private or on public property which has been non-conforming for not less than five years, provided, however, that where a sign which became non-conforming prior to March 1, 1973, had, before such date, been granted a permit to make substantial modifications to such sign, the said period of five years shall be calculated from the date of such permit.
(3) The provisions of subsections (1) and (2) of section 324A shall, mutatis mutandis, apply with respect to the enforcement of any order made herein. No compensation shall be payable in connection with the exercise of the authority herein.
1973-93-22; 1987-52-34; 1994-52-173.
571AA. (1) The Council may, by by-law, provide for the relaxation of a sign by-law under section 571A in one or more of the following circumstances:
(a) enforcement of the sign by-law would result in unnecessary hardship;
(ii) on property in an area identified as a historic area in an official development plan or a zoning by-law;
(c) the sign uses technology not contemplated by the sign by-law;
(d) the sign is in relation to a special event, as designated by Council by by-law or resolution.
(2) A by-law under subsection (1) may authorize such relaxations to be made by the Council, by any official of the city or by a board composed of such officials.
(3) A relaxation under this section, whether made by the Council, an official or a board, may be limited in time and may be made subject to conditions.
(4) A person whose request for a relaxation is dealt with by an official or a board is entitled to have the Council reconsider the matter.
2006-3-31.
"director" has the same meaning as in the Environmental Management Act;
"registrar" has the same meaning as in section 39 of the Environmental Management Act;
"site disclosure statement" has the same meaning as in section 39 of the Environmental Management Act;
"specified building permit application" means an application for a building permit for which a site disclosure statement must be provided under section 40 (1) (b) of the Environmental Management Act;
"specified development permit application" means an application for a development permit for which a site disclosure statement must be provided under section 40 (1) (b) of the Environmental Management Act;
"specified zoning application" means an application for zoning for which a site disclosure statement must be provided under section 40 (1) (b) of the Environmental Management Act.
(2) The Council or its delegate must not approve a specified zoning application, specified development permit application or specified building permit application with respect to a site, unless both of the following are satisfied:
(a) the Council or its delegate has
(i) received the site disclosure statement required under section 40 (1) (b) of the Environmental Management Act for the application, and
(ii) in accordance with section 40 (4) of the Environmental Management Act, assessed the site disclosure statement and forwarded it to the registrar;
(b) the Council or its delegate has received one of the following:
(i) notice from a director that an investigation of the site is not required under section 40.1 (2) [investigations required with provision of site disclosure statement] or 41 [site investigations] of the Environmental Management Act;
(ii) a final determination under section 44 [determination of contaminated sites] of the Environmental Management Act that the site is not a contaminated site;
(iii) notice from a director that the Council or its delegate may approve the application because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;
(iv) notice from a director that the director has received a remediation plan supporting independent remediation of the site;
(v) notice from a director that the director has entered into a voluntary remediation agreement with respect to the site;
(vi) a valid and subsisting approval in principle or certificate of compliance under section 53 [approvals in principle and certificates of compliance] of the Environmental Management Act with respect to the site.
(3) Subsection (4) applies if a person
(a) makes a specified zoning permit application for a proposed development at a site, and
(b) makes one or both of the following applications for the same proposed development at the same site:
(i) a specified development permit application;
(ii) a specified building permit application.
(4) Despite subsection (2) and in the circumstances referred to in subsection (3), the Council or its delegate may approve the specified zoning application if the Council or its delegate has
(a) received the site disclosure statement required under section 40 (1) (b) of the Environmental Management Act for the specified development permit application or specified building permit application, as applicable, and
(b) in accordance with section 40 (4) of the Environmental Management Act, assessed the site disclosure statement and forwarded it to the registrar.
2019-19-48.
571C. The Council may by bylaw enter into and implement an agreement referred to in section 57 of the Environmental Management Act.
2003-53-173; 2020-3-9.
571D. A provision in a bylaw that prohibits the deposit of soil or other material and that makes reference to quality of the soil or material or to contamination, has no effect until the provision is approved by the minister with the concurrence of the minister responsible for the administration of the Environmental Management Act.
1993-25-14; B.C. Reg. 5/2010.
571E (1) In relation to this Division, the Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting non-compliant forms of tenure, including, without limitation,
(a) regulations prescribing circumstances in which a non-compliant form of tenure is authorized, or is no longer authorized, to continue, and
(b) regulations in relation to when a non-compliant form of tenure is no longer authorized.
2018-26-16.
Division (4) — Board of Variance
572. In this and the following section "Board" means "Board of Variance."
(1) The Council shall establish by by-law a Board, consisting of 5 members appointed by the Council.
(1.1) The members of the Board shall elect one of their number as Chair of the Board.
(1.2) The Board shall appoint a secretary and shall appoint such other officials as may be required by the Board.
(2) Subject to subsection (2.1), each member of the Board shall hold office for a term of three years or until the member's successor is appointed, but a person may be reappointed for a further term or terms.
(2.1) The Council may rescind an appointment to the Board at any time.
(3) The Council may provide, by by-law or resolution, for the remuneration of members of the Board, in such amounts as the Council thinks fit, and may also provide for the payment of a fee for the hearing of an appeal before the Board.
(4) No person who is a member of the Advisory Planning Commission or who holds any municipal office, whether appointed or elected, is eligible to be appointed or to sit as a member of the Board.
(5) Three members of the Board shall constitute a quorum.
(6) The Chair may from time to time appoint a member of the Board as Acting Chair to preside in the absence of the Chair.
(7) If a member of the Board ceases to hold office, a successor shall be appointed in the same manner as such member was appointed and, until the appointment of a successor, the remaining members shall constitute the Board.
(9) The by-law establishing the Board shall set out the procedure to be followed by the Board, including the manner in which appeals are to be lodged and the method of giving notices required under section 573.
1959-107-20; 1969-45-29; 2003-15-20; 2004-34-22.
573. (1) The Board shall hear and determine appeals
(a) by any person aggrieved by a decision on a question of zoning by any official charged with the enforcement of a zoning by-law;
(b) by any person who alleges that the enforcement of a zoning by-law with regard to siting, size, shape, or design of a building would cause the person undue or unnecessary hardship arising out of peculiarities in the site or special circumstances connected with the development. In any such case the Board may, to the extent necessary to give effect to its determination, exempt the applicant from the applicable provisions of the zoning by-law;
(c) by any person who alleges that due to special circumstances or conditions the provisions of subsection (3) of section 568 will result in undue or unnecessary hardship to the person;
(d) with respect to matters arising under subsections (4) and (5) of section 568;
(e) by any person aggrieved by a decision by any board or tribunal to whom Council has delegated power to relax the provisions of a zoning by-law;
(f) by any person who, by reason of Part XXIX [Protection of Trees], is
(i) unable to obtain a permit authorizing tree cutting or removal, or
(ii) unable to comply with the requirements of a by-law or permit under that Part.
(2) The Board shall not allow any appeal solely on the ground that if allowed the land or buildings in question can be put to a more profitable use nor unless the following conditions exist: —
(a) The undue or unnecessary hardship arises from circumstances applying to the applicant's property only; and
(b) The strict application of the provisions of the by-law would impose an unreasonable restraint or unnecessary hardship on the use of the property inconsistent with the general purpose and intent of the zoning by-law; and
(c) The allowance of the appeal will not disrupt the official development plan.
(2.1) The Board shall not allow an appeal that would apply to a property for which an authorization for alterations is required under Part XXVIII.
(2.2) The Board shall not allow an appeal about a zoning by-law in relation to residential rental tenure.
(3) The Board shall give notice to such owners of real property as the Board may deem to be affected by the appeal, and public notice of the hearing shall be given, if the matter is deemed by the Board to be of sufficient importance. For the purpose of determining the names of the owners deemed to be affected, reference shall be made to the records kept by the Assessor.
(4) Hearings of the Board must be open to the public.
(5) The decision of a majority of the members of the Board present at a hearing shall constitute the decision of the Board, which shall be rendered in open meeting and shall be recorded in writing by the secretary. In the event of the members of the Board being equally divided, the appeal shall be disallowed.
(6) No appeal shall lie from a decision of the Board.
(7) In allowing an appeal, the Board may impose such restrictions, limitations, or conditions as may seem to it to be desirable and proper in the circumstances.
(8) Council may by by-law provide that failure to comply with any restrictions, limitations, or conditions imposed by the Board pursuant to subsection (7) shall constitute an offence against the by-law.
1959-107-20; 1960-80-14; 1964-72-20,21; 1990-77-3; 1993-59-52; 1994-43-100; 1997-25-209; 2000-7-191; 2003-52-515; 2018-26-17; 2022-15-72; 2022-15-75,Sch 3.
Division (5) — Advisory Planning Commission
574. (1) The Council may by by-law create a Commission to advise the Council on planning matters.
(2) The Commission shall comprise such personnel and have such powers and duties as the Council may by by-law prescribe.
1959-107-20; 1997-25-210.
Division (6) — Housing Needs Reports
574.1 The Council must prepare housing needs reports in accordance with this Division.
2018-20-12.
574.2 (1) Subject to the regulations, the Council must collect information in relation to the demand for and supply of housing for the city for the purpose of preparing a housing needs report.
(2) For the purpose of subsection (1), the Council must collect
(a) statistical information about current and projected population;
(b) statistical information about household income;
(c) information about significant economic sectors;
(d) information about currently available housing units and housing units that are anticipated to be available, including information about types of housing units;
(e) any other prescribed information.
2018-20-12.
574.3 A housing needs report must
(a) be in a format prescribed by regulation, if any,
(b) be based on the information collected under section 574.2, and
(c) include the following, subject to the regulations, in relation to the city:
(i) for each type of housing unit, the number of housing units required to meet current housing needs;
(ii) for each type of housing unit, the number of housing units required to meet anticipated housing needs for at least the next 5 years;
(iii) any other prescribed information.
2018-20-12.
574.4 (1) The Council must, by resolution, receive housing needs reports in accordance with this section.
(2) The Council must receive a housing needs report at a meeting that is open to the public.
(a) the first housing needs report, subject to subsection (4), no later than 3 years after the date this section comes into force, and
(b) every subsequent housing needs report no later than 5 years after the date that the most recent housing needs report was received.
(a) within one year after this section comes into force, the Council
(i) submits a report to the minister that includes the information described in section 574.3 (c), and
(ii) applies in writing to the minister for a determination whether the report under paragraph (a) (i) of this subsection is an acceptable report, and
(b) the minister notifies the Council that the minister considers that the report submitted under paragraph (a) (i) of this subsection is an acceptable report,
that report is the first housing needs report for the purposes of subsection (3) (a) of this section.
2018-20-12.
574.5 As soon as practicable after the Council receives a housing needs report, the Council must publish the housing needs report on an internet site that is publicly and freely accessible.
2018-20-12.
574.6 (1) In relation to this Division, the Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act, including regulations respecting any matter for which regulations are contemplated by this Division.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) respecting information that must be collected under section 574.2, including, without limitation, in relation to the nature, level of detail and type of information that must be collected and prescribing the periods of time for which the information must be collected;
(b) prescribing types of housing units;
(c) prescribing the format of a housing needs report.
2018-20-12.
Contents | Preamble | Part I | Part II | Part III | Part IV | Part V | Part VI | Part VII | Part VIII | Part IX | Part X | Part XI | Part XII | Part XIII | Part XIV | Part XV | Part XVI | Part XVII | Part XVIII | Part XIX | Part XX | Part XXI | Part XXII | Part XXIII | Part XXIV | Part XXIV-A | Part XXV | Part XXVI | Part XXVII | Part XXVIII | Part XXIX | Part XXX
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