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HomeMy Public PortalAboutLand Use Procedure Consolidated Bylaw 1394 Land Use Procedures Bylaw 1394 Page 1 of 37 Land Use Procedures Bylaw 1394 CONSOLIDATED FOR PUBLIC CONVENIENCE Includes amendments to April 2024 Amendment 1394.01 Replacing Schedule 2, Section 2 in its entirety Amendment 1394.02 Replacing Section 4.2.1, Adding .5 to Section 4.2.2, Replacing Section 2.4, 2.7 and 2.8 of Schedule 1, Replacing Section 2.7 of Schedule 3, and Replacing Section 2.6 of Schedule 4. Land Use Procedures Bylaw 1394 Page 2 of 37 TABLE OF CONTENTS Page 1.0 TITLE AND SCOPE ....................................................................................................... 4 2.0 TRANSITION AND DEFINITIONS ................................................................................... 5 3.0 GENERAL PROVISIONS ................................................................................................ 7 4.0 PUBLIC CONSULTATION ............................................................................................ 12 LIST OF SCHEDULES Schedule ‘1’ Application to amend an Official Community Plan Bylaw or Zoning Bylaw Schedule ‘2’ Application for a Development Permit Schedule ‘3’ Application for a Development Variance Permit Schedule ‘4’ Application for a Temporary Use Permit Schedule ‘5’ Application for a Strata Title Conversion Schedule ‘6’ Application for a Floodplain Exemption Schedule ‘7’ Referral of an Agricultural Land Commission Act Application Schedule ‘8’ Referral of a Liquor and Cannabis Regulation Branch Application Land Use Procedures Bylaw 1394 Page 3 of 37 TOWN OF OLIVER LAND USE PROCEDURES BYLAW 1394 A Bylaw to establish procedures for the processing of land development applications including amendments of an Official Community Plan Bylaw, Zoning Bylaw, approval of Site Specific Exemptions to a floodplain, or to issue permits under Part 14 of the Local Government Act. WHEREAS the Council of the Town of Oliver has adopted an Official Community Plan by bylaw and Zoning Bylaw by bylaw; AND WHEREAS the Council of the Town of Oliver has designated areas within which Temporary Use Permits are required; AND WHEREAS the Council of the Town of Oliver has designated areas within which Development Permits are required; AND WHEREAS the Council of the Town of Oliver shall, under Section 460 of the Local Government Act, by bylaw establish procedures to amend an official community plan or zoning bylaw or issue a permit under part 14 of the Local Government Act; AND WHEREAS, the Council of the Town of Oliver may, under Section 468 of the Local Government Act, make requirements for the posting of development signs on properties that are subject to a proposed bylaw amendment; AND WHEREAS the Council of the Town of Oliver may, under Section 502 of the Local Government Act, require that the applicant for a permit under Part 14 of the Local Government Act provide security in an amount stated in the permit by an irrevocable letter of credit or the deposit of securities in a form satisfactory to the local government. AND WHEREAS Council may, pursuant to the Liquor Control and Licensing Act and Cannabis Control and Licensing Act impose fees to recover the cost of providing comments or recommendations on license applications made under that Act; NOW THEREFORE the Council of the Town of Oliver in open meeting assembled HEREBY ENACTS AS FOLLOWS: Land Use Procedures Bylaw 1394 Page 4 of 37 1.0 TITLE AND SCOPE 1.1 Title This bylaw may be cited for all purposes as “Land Use Procedures Bylaw 1394”. 1.2 Scope This bylaw shall apply to the following: .1 an application, by a party other than the Town of Oliver, to: (a) amend an Official Community Plan; and (b) amend a Zoning Bylaw; .2 an application, by a party other than the Town of Oliver, for a: (a) Development Permit; (b) Development Variance Permit; and (c) Temporary Use Permit. .3 an application to the Agricultural Land Commission to: (a) include land in the Agricultural Land Reserve (“ALR”); (b) exclude land from the ALR; (c) subdivide land within the ALR; (d) use land in the ALR for non-farm purposes; or (e) place fill on, or remove soil from, land in the ALR for non-farm purposes. .4 a Floodplain Exemption under Section 524 of the Local Government Act. .5 an application for the strata title conversion of existing buildings. .6 an application to the Liquor and Cannabis Regulation Branch to obtain or amend a: (a) liquor licence (b) cannabis licence Land Use Procedures Bylaw 1394 Page 5 of 37 2.0 TRANSITION AND DEFINITIONS 2.1 Transition .1 The Town of Oliver’s “Land Use Procedures Bylaw 1367” and all amendments thereto are hereby repealed. .2 The processing of any application made prior to the date of adoption of this bylaw shall be continued and dealt with by Council in accordance with the provisions of this bylaw. 2.2 Definitions In this bylaw: “ALR” means the Agricultural Land Reserve designated by the B.C. Agricultural Land Commission Act; “Amendment Application” means an application to amend an OCP or amend a Zoning Bylaw; “Approving Officer” means the person appointed by Council pursuant to Section 77 of the Land Title Act; “Council” means the Council for the Town of Oliver; “Chief Administrative Officer” or “CAO” means the person appointed by the Council as CAO and any person who, from time to time, is the deputy CAO or is appointed by the Council to act in the capacity of the CAO in the CAO's absence; “Corporate Officer” means the Corporate Officer, or equivalent, of the Town of Oliver, or -their deputy; “Development Services” means the Town of Oliver’s Department of Development Services; “FCL” means flood construction level; “Fees and Charges Bylaw” means the Town of Oliver’s Fees and Charges Bylaw; “OCP” or “Official Community Plan” means an Official Community Plan adopted by the Town of Oliver; “Permit Application” means an application for a Development Permit, Development Variance Permit or Temporary Use Permit; Land Use Procedures Bylaw 1394 Page 6 of 37 “Qualified Professional” means a professional engineer, architect, planner, biologist or other professional with experience relevant to the applicable matter, as determined by the CAO; and “Zoning Bylaw” means a Zoning Bylaw adopted by the Town of Oliver. 2.3 Interpretation A reference in this bylaw to any enactment of British Columbia is a reference to the enactment as amended, revised, consolidated or replaced from time to time, and a reference to any bylaw of the Town of Oliver is a reference to the bylaw as amended, revised, consolidated or replaced from time to time. Land Use Procedures Bylaw 1394 Page 7 of 37 3.0 GENERAL PROVISIONS 3.1 Severability If any section, subsection, sentence, clause or phrase of this bylaw is held to be invalid by a court of competent jurisdiction, that section, subsection, sentence, clause or phrase, as the case may be, shall be severed and the validity of the remaining portions of the bylaw shall not be affected. 3.2 Making Application .1 An application for amendment of an Official Community Plan Bylaw or Zoning Bylaw shall be made and processed substantially as outlined in Schedule ‘1’ of this bylaw. .2 An application for a Development Permit shall be made and processed substantially as outlined in Schedule ‘2’ of this bylaw. .3 An application for a Development Variance Permit shall be made and processed substantially as outlined in Schedule ‘3’ of this bylaw. .4 An application for a Temporary Use Permit, or an application to renew a Temporary Use Permit shall be made and processed substantially as outlined in Schedule ‘4’ of this bylaw. .5 An application for a Strata Title Conversion shall be made and processed substantially as outlined in Schedule ‘5’ of this bylaw. .6 An application for an Floodplain Exemption shall be made and processed substantially as outlined in Schedule ‘6’ of this bylaw. .7 An application in respect of land within the Agricultural Land Reserve shall be made and processed substantially as outlined in Schedule ‘7” of this bylaw. .8 An application to the Liquor and Cannabis Regulation Branch (LCRB) requiring local government comment(s) and/or recommendation(s) shall be made and processed substantially as outline in Schedule ‘8’ of the bylaw. 3.3 Development Approval Information .1 Where an OCP specifies circumstances or designates areas of “development approval information”, Council delegates to the CAO the authority of the Council to require development approval information under Section 484 of the Local Government Act and the provisions of the OCP. The CAO may require in writing that the applicant provide, at the applicant’s expense, development approval information in a report that is certified by a Qualified Professional that: (a) addresses the potential impacts on land use, traffic, the environment, utilities and other municipal services and facilities (where applicable); Land Use Procedures Bylaw 1394 Page 8 of 37 (b) identifies and defines the context, scope, magnitude and significance of the anticipated impacts of the activity or development on the community; (c) provides recommendations for conditions or requirements that Council or the CAO may impose to mitigate or ameliorate the anticipated impacts; and (d) provides recommendations and details costs for modifications to the environment, or construction of works to mitigate or ameliorate the anticipated impacts. .2 An applicant may appeal, in writing, to Council at no charge to the applicant, the decision of the CAO in regards to Development Approval Information to require development approval information under the OCP, within 14 calendar days of the date on which the decision is delivered to them. .3 A request for reconsideration must be delivered in writing to the CAO and must set out the grounds on which the applicant considers the decision is inappropriate and what decision the applicant considers Council ought to substitute. .4 The CAO must place each request for reconsideration on the agenda of a meeting of Council to be held not earlier than 2 weeks from the date on which the request for reconsideration was delivered. .5 The CAO must notify the applicant and any other person who the CAO reasonably considers may be affected by the reconsideration of the date of the meeting at which it will occur. .6 At the meeting, Council may either confirm the decision or substitute its own decision. 3.4 Bylaw Amendments – Approval or Refusal .1 Council may, upon receipt of the report under Schedule ‘1’ of this bylaw, (a) proceed with the bylaw in accordance with the Amendment Application; (b) forward the amending bylaw to a public hearing or waive the holding of a public hearing; (c) reject or refuse the Amendment Application; or (d) defer or otherwise deal with the Amendment Application, including requiring additional reports or information. .2 Notwithstanding Schedule ‘1’ of this bylaw, Council may, by resolution, agree to postpone giving consideration to individual amendments to an Official Community Plan Bylaw or Zoning Bylaw until completion of any major review that the said bylaw may be undergoing at the time of the request. Land Use Procedures Bylaw 1394 Page 9 of 37 3.5 Permits – Issuance or Refusal .1 Council may, upon receipt of the report under Schedules ‘2’, ‘3’ and ‘4’ of this bylaw: (a) issue, amend, or refuse the permit; (b) impose requirements, and set conditions or standards; (c) impose conditions for the sequence and timing of construction; (d) require security; or (e) defer or otherwise deal with the Permit Application. 3.6 Performance Security .1 Security required by permits shall be in the form of cash or an irrevocable letter of credit, effective for the term of the permit. Such irrevocable letter of credit shall be clean and unconditional, automatically renewing and redeemable at a local bank. .2 The amount of security may be calculated using: (a) such methodologies as the CAO may prescribe from time to time; or (b) an estimate or quote provided at an applicant’s expense by a professional qualified to undertake or supervise the works for which the securities are required. .3 Where security is a condition of a permit, (a) in the case of a condition in a permit respecting landscaping, the amount shall be 125% of the cost of the landscaping works, payable either prior to the permit being issued or prior to the building permit being issued, depending on permit conditions. (b) in the case of an unsafe condition that might result from a contravention of a permit condition, the amount of security shall reflect the nature of the permit condition, the nature of the unsafe condition, and the cost to the Town of Oliver 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; and (c) in the case of damage to the natural environment that might result from a contravention of a permit condition, the amount shall reflect the nature of the permit condition, the nature of the damage, and the cost to the Town of Oliver 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. .4 In accordance with Section 502 of the Local Government Act, the amount of security required under Sections 3.6.3(b) or (c) shall be determined by the CAO using the following guidelines: Land Use Procedures Bylaw 1394 Page 10 of 37 (a) the amount of security may be calculated using such methodologies as the CAO may prescribe from time to time; or (b) an estimate or quote provided at the applicant’s expense by a professional qualified to undertake or supervise the works for which the securities are required. An estimate or quote under sub-section (b) may be obtained by the applicant and submitted with the application. 3.7 Form of Permits The CAO may designate the form of permits. 3.8 Form of Application Forms The CAO may designate the form of application forms and in so doing may prescribe different forms for different categories of applications based on the nature or complexity of the application. 3.9 Notice of Decision Written notice of a decision shall be mailed or otherwise delivered to an applicant at the address provided on the application form within thirty (30) calendar days immediately following the date of the decision. 3.10 Incomplete Application & Lapse of Application .1 If Town staff determines that an application is incomplete, the applicant will be requested to provide the required information. Incomplete applications will not be processed. .2 In the event that an application made pursuant to this bylaw is one (1) year old or older and has been inactive for a period of six (6) months: (a) The application will be deemed to be abandoned and will be closed, and (b) In the case of an Amendment Application, the CAO will place on the agenda of the next meeting of Council a motion to rescind all readings of the bylaw associated with that Amendment Application. .3 Upon written request by the applicant prior to the lapse of the application, Council may extend the deadline for a period of six (6) months by passing a resolution to that affect. .4 If applicable, a refund will be paid to the applicant in accordance with the Fees and Charges Bylaw for proposals that have been deemed to have lapsed. .5 In order for an application that has lapsed under sub-sections 3.10.2 to proceed, a new application (including fee) will be required. Land Use Procedures Bylaw 1394 Page 11 of 37 3.11 Re-application .1 Re-application for a bylaw amendment, permit, floodplain exemption, strata title conversion, or ALR application that has been refused by Council shall not be considered within a twelve (12) month period immediately following the date of refusal. .2 Where an applicant intends to appeal to Council to vary the time limit set in section 3.11.1 pursuant to Section 460 of the Local Government Act, the applicant shall submit, in writing, a detailed statement as to why the time limit for the reapplication should be varied. 3.12 Change of Ownership .1 If there is a change of ownership of a parcel of land that is the subject of an Amendment Application or a Permit Application, the Town of Oliver will require an updated title certificate and written authorisation from the new owner prior to proceeding further with the application. Land Use Procedures Bylaw 1394 Page 12 of 37 4.0 PUBLIC CONSULTATION 4.1 PUBLIC INFORMATION MEETINGS 4.1.1 Criteria for requiring a Public Information Meeting .1 Council may require that a public information meeting be held prior to consideration of a Zoning or OCP Amendment application, an application for a Temporary Use Permit or renewal, if it considers the proposal to be of a significant scale or nature warranting an additional opportunity for the public to access information and inquire about the proposal beyond that available through the regular application referral and public hearing process. .2 Council may require an applicant for a Zoning Bylaw amendment or Temporary Use Permit application or renewal to conduct a public information meeting if any of the following criteria are met: (a) The Zoning Bylaw amendment or Temporary Use Permit Application or renewal requires an OCP Bylaw amendment. (b) The Zoning Bylaw amendment or Temporary Use Permit application or renewal would result in a significant land use change. 4.1.2 Scheduling of a Public Information Meeting .1 Where a public information meeting is required by Council, the applicant shall pay all costs associated with the public information meeting. .2 If a public information meeting is required, it is the applicant’s responsibility, to the satisfaction of the Town of Oliver, to arrange and conduct the meeting according to the following guidelines: (a) A public information meeting should be no less than one hour in duration and held no earlier than 5:00 p.m. and ending no later than 9:00 p.m. (b) A public information meeting should be held Tuesday through Thursday, excluding holidays and scheduled Council meeting dates. Where the CAO considers appropriate, a public information meeting may be held on a day of the weekend, if in the event that members of the public or adjacent property owners would otherwise have difficulty attending a meeting held on a weekday. A public information meeting held on a weekend should be in the afternoon. (c) A public information meeting shall be held at a venue located within the boundaries of the Town of Oliver. If deemed appropriate by the CAO, a public information meeting may be held within the offices of the Town of Oliver. Land Use Procedures Bylaw 1394 Page 13 of 37 (d) To ensure the public and persons who may be affected by a bylaw amendment or Temporary Use Permit application have adequate notice of a public information meeting, the following steps are to be taken: (i) An advertisement for the public information meeting is to be placed in a local newspaper at least one week and not more than two weeks prior to the meeting; (ii) The newspaper advertisement must display at least two columns wide and include the following information about the public information meeting: (a) Time, date and place; (b) Purpose of the meeting; (c) Description of the subject property, including a legal description; (d) Civic address and location map; and (e) Applicant name and telephone number; (iii) The applicant must notify adjacent property owners and tenants within 100 metres of the boundaries of the subject property in person, by mail or by handbill left at each adjacent property. BC Assessment rolls should be used in preparing an adjacent-property owner list. Town of Oliver staff may assist in preparing the list. 4.2 PUBLIC NOTIFICATION 4.2.1 Giving Notice Amended by 1394.02 Adopted April 2, 2024 .1 In accordance with Section 466 and 477 of the Local Government Act, the Town of Oliver shall mail or otherwise deliver individual notices to all owners and tenants of the subject property for which an application is being made, and all owners and tenants of all other properties within a distance of not less than 100 metres measured from the boundaries of any subject property to which the application pertains, advising of: (a) a scheduled Public Hearing for an OCP or Zoning Bylaw amendment; (b) a scheduled Council meeting for considering a Development Variance Permit; or (c) a scheduled Council meeting for considering a Temporary Use Permit. 4.2.2 Posting of Public Notification Sign In respect of an application for a Zoning or OCP Bylaw Amendment, Temporary Use Permit or a Liquor and Cannabis Regulation Branch application, a sign containing the information prescribed by the CAO shall be erected on the subject property by the Land Use Procedures Bylaw 1394 Page 14 of 37 contractor designated by the Town to fabricate and erect signs required by this bylaw, in accordance with the following: .1 Timing: (a) for a Zoning or OCP Bylaw Amendment, each public notification sign shall be erected no less than ten (10) calendar days prior to the Public Hearing. (b) for a Temporary Use Permit Application, each public notification sign shall be erected no less than ten (10) calendar days prior to Council considering the application. (c) for a Liquor License Application that Council wishes to provide comment on, each public notification sign shall be erected no less than ten (10) calendar days prior to Council considering the application. (d) for a Cannabis Licence Application, each public notification sign shall be erected prior to the 28-day public comment period. .2 Each public notification sign must be maintained in place until the day following the Public Hearing or when Council considers the Permit or Licence. .3 The cost of each public notification sign shall be to the applicant, as determined in the Fees and Charges bylaw. The cost is in addition to the application or public consultation fee. .4 In the case of multiple properties under one application, or a property with multiple street frontages, more than 1 (one) sign shall be required. .5 The posting of a public notification sign is not required for a Zoning Bylaw amendment in which no Public Hearing will be held. Amended by 1394.02 Adopted April 2, 2024 4.2.3 Requirements to Maintain Signage .1 The applicant shall promptly have a public notification sign repaired by the Town’s sign contractor, at the applicant’s cost, if it is destroyed or damaged such that it no longer conveys the information prescribed by the CAO. .2 Failure to maintain the sign according to these requirements will result in the postponement of assessment and/or consideration of the application. Any costs incurred by the Town of Oliver for a delay for public notification or other, shall be the responsibility of the applicant. 4.3 AGENCY REFERRAL PROCESS .1 When dealing with a Land Use Application, Town of Oliver staff will develop a referral list of agencies, organizations or levels of government that the application must be sent to for review and comment. Land Use Procedures Bylaw 1394 Page 15 of 37 .2 Each agency, organization or level of government will be provided with not less than 15 calendar days, after the application has been mailed or otherwise delivered to them, to provide any comments. If, after a period of not less than 15 calendar days the agency, organization or level of government has not notified the Town of Oliver in writing about their concerns, the agency, organization or level of government must be considered to have no concern. READ a FIRST, SECOND and THIRD TIME on the 27th day of April, 2020. ADOPTED this 11th day of May, 2020. ‘Original Signed by Mayor’ ‘Original Signed by Corporate Officer’ Mayor Corporate Officer Schedule 1 - Application To Amend An Official Community Plan aw Schedule 2 - Applica to Amend an OCP Bylaw, Zoning Bylaw or Land Use Contract SC H E D U L E 1 APPLICATION TO AMEND AN OFFICIAL COMMUNITY PLAN BYLAW OR ZONING BYLAW This information is meant as a general guide only and is not regarded as the right to development approval if the steps indicated are followed. 1. Application Requirements .1 Authorisation (a) An application for a bylaw amendment shall be made to the CAO in writing and on the appropriate form, and shall be: (i) made by the owner(s) of the land involved or by a person authorized by all property owner(s); (ii) if a numbered company holds the property, a corporate search shall accompany the application illustrating the company directors. The signatory on the application form shall be a company director; (iii) accompanied by the appropriate application fee outlined in the Town’s Fees and Charges Bylaw. .2 Letter of Intent (a) An outline of the type of development or land use proposed, including: (i) explanation of community / neighbourhood benefit and impact of the amendment and how it furthers the objectives of the OCP. .3 State of Title Certificate (a) a copy of the Land Title Office search print, issued not more than thirty (30) calendar days prior to the application date for any parcel of land subject to the application; and (b) a copy of all non-financial charges (i.e. covenants, easements and rights-of-way, etc.) registered on the subject property(s). .4 Site Plan (a) a site plan of the proposed development drawn to scale and showing dimensions, and include the following (as applicable): (i) north arrow and scale; (ii) dimensions and boundaries of property lines, rights-of-way, covenant areas and other easements; (iii) location and dimensions of existing and proposed structures and setbacks (including projections and overhangs) to parcel lines, rights-of-way, and easements; Land Use Procedures Bylaw 1394 Page 17 of 37 (iv) location of existing and proposed access roads, driveways, vehicle parking spaces, pathways, screening and fencing. (v) natural and finished grades of site, at buildings & retaining walls (indicate source of grade data); (vi) location of any physical or topographical constraints (e.g., watercourses, environmentally sensitive areas) .5 Development Plans (drawn to scale, in metric) (a) preliminary drawings of the proposed development, including building elevations. (b) a zoning compliance table outlining density, number of dwelling units, site coverage, heights, setbacks, and other relevant data. .6 Other (a) any additional information the CAO may require in reviewing and making a recommendation concerning the proposed amendment and any applicable development approval information required under Section 3.3 of the bylaw. 2. Processing Procedure An amendment application submitted in accordance with this bylaw will be processed as follows: .1 Town staff will review the application to determine whether it is complete and, if incomplete, will request the required information from the applicant prior to processing If complete, Town staff will open a file and issue a fee receipt to the applicant. .2 Town staff will refer the application to all applicable Town of Oliver departments and committees, government ministries and agencies. .3 Town staff will evaluate the proposal for compliance with relevant Town of Oliver bylaws and policies, and may meet with the applicant (as required). .4 The referral agencies’ comments will then be incorporated into a technical report to Council. If no Public Hearing will be held, notice will be given prior to Council’s consideration of first reading of the amendment bylaw pursuant to the Local Government Act which includes advertising in an appropriate newspaper and providing notice to adjacent owners and tenants as per Section 4.2.1.1 of this bylaw. Written submissions from the public must be received no later than 12:00pm on the date in which Council will consider first reading of the bylaw. Amended by 1394.02 Adopted April 2, 2024 .5 The applicant is invited to attend the Council meeting at which the amendment application will be considered. .6 Council may request that an applicant advertise and host a public information meeting at their own expense, in accordance with the requirements of Section 4.1 of this bylaw. .7 If Council decides to proceed with the amendment application, an amending bylaw may be given first and second readings. If no Public Hearing will be held, then an amending Land Use Procedures Bylaw 1394 Page 18 of 37 bylaw may also be given third reading. Council may alternatively decide to refer, table, or deny the application. Amended by 1394.02 Adopted April 2, 2024 .8 If a Public Hearing will be held, notice will be given prior to Council’s consideration of third reading of the amendment bylaw pursuant to the Local Government Act which includes advertising in an appropriate newspaper and providing notice to adjacent owners and tenants as per Section 4.2.1.1 of this bylaw. Written submissions from the public must be received no later than 12:00pm on the date in which the Public Hearing will be held. Amended by 1394.02 Adopted April 2, 2024 .9 No less than (10) days prior to the Public Hearing, a public notification sign shall be erected on the subject property in accordance with the requirements outlined in Section 4.2.2. .10 Following the Public Hearing, Council will consider the amendment bylaw and may proceed with third reading (including the imposition of conditions), refer, table or deny the application. Upon third reading, an amendment bylaw may need to be sent to the relevant provincial minister(s) for signature before proceeding to adoption. .11 Once the applicant has adequately addressed all of the conditions identified at third reading (if any), Council will consider adoption of the bylaw(s). .12 Once the Council minutes have been prepared, the applicant will be notified in writing of the outcome. Schedule 2 - Application for a Development Permit SC H E D U L E 2 APPLICATION FOR A DEVELOPMENT PERMIT This information is meant as a general guide only and is not regarded as the right to development approval if the steps indicated are followed. 1. Application Requirements .1 Authorisation (a) An application for a Development Permit (DP) shall be made to the CAO in writing and on the appropriate form, and shall be: (i) made by the owner(s) of the subject property or by a person authorized by all property owner(s); (ii) if a numbered company holds the property, a corporate search shall accompany the application illustrating the company directors. The signatory on the application form shall be a company director; (iii) accompanied by the appropriate application fee outlined in the Town’s Fees and Charges Bylaw. .2 Letter of Intent (a) An outline of the type of development or land use proposed, including: (i) explanation of compliance with current OCP guidelines. .3 State of Title Certificate (a) a copy of the Land Title Office search print, issued not more than thirty (30) calendar days prior to the application date for any parcel of land subject to the application; and (b) a copy of all non-financial charges (i.e. covenants, easements and rights-of-way, etc.) registered on the subject property(s). .4 Site Plan (a) a site plan of the proposed development drawn to scale and showing dimensions, and including the following (as applicable): (i) north arrow and scale; (ii) dimensions and boundaries of property lines, rights-of-way, covenant areas and other easements; (iii) location and dimensions of existing and proposed structures and setbacks (including projections and overhangs) to parcel lines, rights-of-way, and easements; (iv) location of existing and proposed access roads, driveways, vehicle parking spaces, pathways, screening and fencing; Land Use Procedures Bylaw 1394 Page 20 of 37 (v) natural and finished grades of site at buildings and retaining walls (indicate source of grade data); (vi) location of any physical or topographical constraints (e.g., watercourses, environmentally sensitive areas). (b) for Watercourse and Environmentally Sensitive Development Permits, a site plan shall also include, where applicable, information pertaining to high water mark; natural boundary; floodplain setbacks & elevations; zones of sensitivity (ZOS); and the Streamside Protection and Enhancement Area (SPEA). .5 Development Plans (drawn to scale, in metric) (a) detailed drawings of the proposed development, including building elevations, finishes, floor plans and landscaping. (b) a zoning compliance table outlining density, number of dwelling units, site coverage, heights, setbacks, and other relevant data. .6 Professional Reports (a) For a Watercourse Development Permit (WDP) or an Environmentally Sensitive Development Permit (ESDP), the necessary reports, conducted by a Qualified Environmental Professional (QEP), shall be required to be submitted with the application. 2. Processing Procedure – Form and Character Development Permit .1 Town staff will review the application to determine whether it is complete and, if incomplete, will request the required information from the applicant prior to processing. If complete, Town staff will open a file and issue a fee receipt to the applicant. .2 Town staff will evaluate the proposal for compliance with relevant Town of Oliver bylaws and policies. Staff may conduct a site visit to view the property as part of the evaluation process. .3 Town staff will refer the application to all applicable Town of Oliver departments and committees, government ministries and agencies, as applicable. In those cases where a Development Permit is delegated, such as a Development Permit for a duplex or an amendment to an existing Development Permit, the referral agencies’ comments will be incorporated into a staff memo along with a drafted development permit for approval by the Chief Administrative Officer, and executed by the Corporate Officer. The application will then proceed to step 8. .4 An owner of property may request a reconsideration of a decision by Council as outlined in the Town of Oliver’s Delegation of Council Authority Bylaw, as amended. The CAO may use discretion to forward development permits or amendments to Council for decision and not use the delegated authority. A decision by Council is considered final. Amended by 1394.01 Adopted April 11, 2022 Land Use Procedures Bylaw 1394 Page 21 of 37 .5 In all other cases where the Development Permit is non-delegated, the referral agencies’ comments will then be incorporated into a technical report to Council. In those cases where a Development Permit application approval includes a variance request, public notification will be required. .6 The applicant is invited to attend the Council meeting at which the application will be considered. .7 Council will consider the technical report and may grant the requested permit, or may refer, table or deny the application .8 Town Staff will register the Notice of Permit against the title of the property(s) at the Land Title Office. .9 Town staff shall administer any further conditions of the Development Permit as specified within each individual permit as required. Town staff may conduct inspections, on an as-required basis, to ensure that the terms of the Development Permit are being satisfied. 3. Processing Procedure – Watercourse Development Permit (WDP) A Development Permit application submitted in accordance with this bylaw will be processed as follows: .1 Town staff will review the application to determine whether it is complete and, if incomplete, will request the required information from the applicant prior to processing. If complete, Town staff will open a file and issue a fee receipt to the applicant. .2 Town staff will evaluate the proposal for compliance with relevant Town of Oliver bylaws and policies, and applicable provincial and federal procedures. The most current provincial Riparian Area Regulation Implementation Guidebook and provincial Riparian Areas Regulation procedures and policies will be used for evaluation. Staff may conduct a site visit to view the property as part of the evaluation process. .3 Town staff will refer the application to all applicable Town of Oliver departments, committees, government ministries and agencies, as applicable. The referral agencies’ comments and/or recommendations may then be incorporated into the WDP. .4 When Town staff have received provincial notification that the assessment has been filed with the Riparian Areas Regulation Notification System, and all relevant Town conditions and guidelines have been satisfied, the staff memo and drafted Development Permit will be considered for approval by the CAO. .5 The Corporate Officer will execute the Development Permit. .6 Town Staff will register the Notice of Permit against the title of the property(s) at the Land Title Office. .7 An owner of property may request a reconsideration of a decision by Council as outlined in the Town of Oliver’s Delegation of Council Authority Bylaw, as amended. A decision by Council is considered final. Land Use Procedures Bylaw 1394 Page 22 of 37 .8 The CAO may use discretion to forward development permits to Council for decision and not use the delegated authority. A decision by Council is considered final. .9 Town staff shall administer any further conditions of the Development Permit as specified within each individual permit as required. Town staff may conduct inspections, on an as-required basis, to ensure that the terms of the Development Permit are being satisfied. Monitoring and reporting by a Qualified Environmental Professional (QEP) on behalf of the permit holder may be a requirement of the permit. 4. Processing Procedure – Environmentally Sensitive Development Permit (ESDP) A Development Permit application submitted in accordance with this bylaw will be processed as follows: .1 Town staff will review the application to determine whether it is complete and, if incomplete, will request the required information from the applicant prior to processing. If complete, Town staff will open a file and issue a fee receipt to the applicant. .2 Town staff will evaluate the proposal for compliance with relevant Town of Oliver bylaws, policies and applicable provincial and federal enactments and policies. Staff may conduct a site visit to view the property as part of the evaluation process. .3 Town staff will refer the application to all applicable Town of Oliver departments or committees, government ministries, and agencies, as applicable. The referral agencies’ comments, recommendations and/or approvals will then be incorporated into a staff memo to the CAO, and/or the Development Permit, as applicable. .4 When all relevant conditions and guidelines have been satisfied, the staff memo and drafted Development Permit will be considered for approval by the CAO. .5 If approval of the permit is granted by the CAO, the Corporate Officer will execute the Development Permit. .6 Town staff will register the Notice of Permit against the title of the property(s) at the Land Title Office. .7 An owner of property may request a reconsideration of a decision by the CAO as outlined in the Town of Oliver’s Delegation of Council Authority Bylaw, as amended. A decision by Council is considered final. .8 The CAO may use discretion to forward development permits to Council for decision and not use the delegated authority. A decision by Council is considered final. .9 Town staff shall administer any further conditions of the Development Permit as specified within each individual permit as required. Town staff may conduct inspections, on an as-required basis, to ensure that the terms of the Development Permit are being satisfied. Monitoring and reporting by a Qualified Environmental Professional (QEP) on behalf of the permit holder may be a requirement of the permit. Schedule 3 – Application for a Development Variance Permit SC H E D U L E 3 APPLICATION FOR A DEVELOPMENT VARIANCE PERMIT This information is meant as a general guide only and is not regarded as the right to development approval if the steps indicated are followed. 1. Application Requirements .1 Authorisation (a) An application for a Development Variance Permit (DVP) shall be made to the CAO in writing and on the appropriate form, and shall be: (i) made by the owner(s) of the subject property or by a person authorized by all property owner(s); (ii) if a numbered company holds the property, a corporate search shall accompany the application illustrating the company directors. The signatory on the application form shall be a company director; (iii) accompanied by the appropriate application fee outlined in the Town’s Fees and Charges Bylaw. .2 Letter of Intent (a) An outline of the type of development or land use proposed, including: (i) a description of the variance requested, including bylaw section number, and reasons or rationale for the proposal and why the standard cannot be met. .3 State of Title Certificate (a) a copy of the Land Title Office search print, issued not more than thirty (30) calendar days prior to the application date for any parcel of land subject to the application; and (b) a copy of all non-financial charges (i.e. covenants, easements and rights-of-way, etc.) registered on the subject property(s). .4 Site Plan (a) a site plan of the proposed development drawn to scale and showing dimensions, and include the following (as applicable): (i) north arrow and scale; (ii) dimensions and boundaries of property lines, rights-of-way, covenant areas and other easements; (iii) location and dimensions of existing and proposed structures and setbacks (including projections and overhangs) to parcel lines, rights-of-way, and easements; Land Use Procedures Bylaw 1394 Page 24 of 37 (iv) location of existing and proposed access roads, driveways, vehicle parking spaces, pathways, screening and fencing; (v) natural and finished grades of site, at buildings & retaining walls (indicate source of grade data); (vi) location of any physical or topographical constraints (e.g., watercourses, environmentally sensitive areas). .4 Development Plans (drawn to scale, in metric) (a) detailed drawings of the proposed development, including building elevations; (b) a zoning compliance table outlining density, number of dwelling units, site coverage, heights, setbacks, and other relevant data. .5 Site Surveys (a) if a proposed development involves a variance to the siting or building envelope of an existing structure, then a current sketch plan, certified by a BC Land Surveyor, in metric, shall be required. .6 Professional Reports (a) Where an application proposes to vary a servicing requirement specified under the Subdivision and Development Servicing Bylaw, the application shall be accompanied by an assessment report from a qualified professional engineer outlining: (i) Any alternative works proposed; (ii) Any detrimental impacts which may arise if the proposed variance is granted; and (iii) Any mitigation works or measures proposed to be provided. 2. Processing Procedure A Development Variance Permit application submitted in accordance with this bylaw will be processed as follows: .1 Town staff will review the application to determine whether it is complete and, if incomplete, will request the required information from the applicant prior to processing. If complete, Town staff will open a file and issue a fee receipt to the applicant. .2 Town staff will evaluate the proposal for compliance with relevant Town of Oliver bylaws and policies. Staff may conduct a site visit to view the property as part of the evaluation process. .3 Town staff will refer the application to all applicable Town of Oliver departments, government ministries and agencies for comment. .4 The referral agencies’ comments will then be incorporated into a technical report to Council. .5 The recommendation to Council may identify as a condition of the issuance of a permit, that the applicant for the permit provide a security by an irrevocable letter of credit or other means in a form satisfactory to Council in an amount stated in the permit to Land Use Procedures Bylaw 1394 Page 25 of 37 guarantee the performance of the terms of the permit; a covenant; or other legal documents. .6 Council will not consider a DVP application where it is proposed to place a building or structure within 4.50 metres of Highway 97 until approval from the Ministry of Transportation and Infrastructure (MoTI) has first been obtained. .7 No less than ten (10) calendar days prior to Council’s consideration of an application, property owners of land within a radius not less than 100 metres of the subject property will be notified by mail advising of the application. Written submissions from the public must be received no later than 12:00pm on the date in which Council will consider the variance application. Amended by 1394.02 Adopted April 2, 2024 .8 The applicant is invited to attend the Council meeting at which the variance application will be considered. .9 Council will consider the technical report and may grant the requested permit, or may refer, table or deny the application. .10 Once the Council minutes have been prepared, the applicant will be notified in writing of the outcome. .11 If a Development Variance Permit is granted, a Notice of Permit will be signed and sealed by the Corporate Officer and registered against the title of the property(s) at the Land Title Office. Schedule 4 – Application for a Temporary Use Permit SC H E D U L E 4 APPLICATION FOR A TEMPORARY USE PERMIT This information is meant as a general guide only and is not regarded as the right to development approval if the steps indicated are followed. 1. Application Requirements .1 Authorisation (a) An application for a Temporary Use Permit, or an application to renew a Temporary Use Permit shall be made to the CAO in writing and on the appropriate form, and shall be: (i) made by the owner(s) of the land involved or by a person authorized by all property owner(s); (ii) if a numbered company holds the property, a corporate search shall accompany the application illustrating the company directors. The signatory on the application form shall be a company director; (iii) accompanied by the appropriate application fee outlined in the Town’s Fees and Charges Bylaw. .2 Letter of Intent (a) An outline of the type of development or land use proposed, including: (i) explanation of compliance with current OCP and Zoning regulations; (ii) explanation of community / neighbourhood benefit and impact of proposal. .3 State of Title Certificate (a) a copy of the Land Title Office search print, issued not more than thirty (30) calendar days prior to the application date for any parcel of land subject to the application; and (b) a copy of all non-financial charges (i.e. covenants, easements and rights-of-way, etc.) registered on the subject property(s). .4 Site Plan (a) a site plan of the proposed development drawn to scale and showing dimensions, and including the following (as applicable): (i) north arrow and scale; (ii) dimensions and boundaries of property lines, rights-of-way, covenant areas and other easements; (iii) location and dimensions of existing and proposed structures and setbacks (including projections and overhangs) to parcel lines, rights-of-way, and easements; Land Use Procedures Bylaw 1394 Page 27 of 37 (iv) location of existing and proposed access roads, driveways, vehicle parking spaces, pathways, screening and fencing; (v) natural and finished grades of site, at buildings and retaining walls (indicate source of grade data); (vi) location of any physical or topographical constraints (e.g., watercourses, environmentally sensitive areas). .5 Development Plans (drawn to scale, in metric) (a) detailed drawings of the proposed development, including building elevations; (b) a zoning compliance table outlining density, number of dwelling units, site coverage, heights, setbacks, and other relevant data. 2. Processing Procedure A Temporary Use Permit application, or an application to renew a Temporary Use Permit submitted in accordance with this bylaw will be processed as follows: .1 Town staff will review the application to determine whether it is complete and, if incomplete, will request the required information from the applicant prior to processing. If complete, Town staff will open a file and issue a fee receipt to the applicant. .2 Town staff will evaluate the proposal for compliance with relevant Town of Oliver bylaws and policies. Staff may conduct a site visit to view the property as part of the evaluation process. .3 Town staff will refer the application to all applicable Town of Oliver departments, government ministries and agencies and appropriate committees. The proposal will also be referred to a Municipality if the application could affect that municipality. .4 The referral agencies’ comments will then be incorporated into a technical report to Council. .5 The recommendation to Council may identify as a condition of the issuance of a permit, that the applicant for the permit provide a security by an irrevocable letter of credit or other means in a form satisfactory to Council in an amount stated in the permit to guarantee the performance of the terms of the permit; a covenant; or other legal documents. .6 No less than ten (10) days prior to Council’s consideration of an application, property owners and tenants of land within a radius not less than 100 metres of the boundaries of the subject property will be notified by mail advising of the application. The proposal will also be advertised in an appropriate newspaper and the scheduling of a Public Information Meeting may be required by Council prior to consideration. Written submissions from the public must be received no later than 12:00pm on the date in which Council will consider the Temporary Use Permit. Amended by 1394.02 Adopted April 2, 2024 .7 No less than ten (10) days prior to Council’s consideration of an application, a public notification sign shall be erected on the subject property in accordance with the requirements outlined in Section 4.2.2. Land Use Procedures Bylaw 1394 Page 28 of 37 .8 The applicant is invited to attend the Council meeting at which the application will be considered. .9 Council will consider the technical report and may grant the requested permit, or may refer, table or deny the application. .10 Once the Council minutes have been prepared, the applicant will be notified in writing of the outcome. .11 If a Temporary Use Permit is granted, a Notice of Permit will be signed and sealed by the Corporate Officer and registered against the title of the property(s) at the Land Title Office. Schedule 5 – Application for a Strata Title Conversion SC H E D U L E 5 APPLICATION FOR A STRATA TITLE CONVERSION This information is meant as a general guide only and is not regarded as the right to development approval if the steps indicated are followed. 1. Application Requirements .1 Authorisation (a) An application for a Strata Title Conversion of an existing building shall be made to the CAO in writing and on the appropriate form, and shall be: (i) made by the owner of the subject property or by a person authorized by all property owners; (ii) if a numbered company holds the property, a corporate search shall accompany the application illustrating the company directors. The signatory on the application form shall be a company director; (iii) accompanied by the appropriate application fee outlined in the Town’s Fees and Charges Bylaw. .2 Proposal Summary (a) An outline of the type of development or land use proposed, including: (i) demonstration of substantial compliance with current zoning bylaw; (ii) plans for the relocation of persons occupying a residential building on the subject property; (iii) a rental vacancy report; and (iv) explanation of community / neighbourhood benefit and impact of proposal. .3 State of Title Certificate (a) a copy of the Land Title Office search print for the subject property, issued not more than thirty (30) calendar days prior to the application date for any parcel of land subject to the application; and (b) a copy of all non-financial charges (i.e. covenants, easements and rights-of-way, etc.) registered on the subject property. .4 Site Plan (a) a site plan of the proposed development drawn to scale and showing dimensions. The site plan must include: (i) north arrow and scale; (ii) dimensions and boundaries of property lines, rights-of-way, covenant areas and easements; Land Use Procedures Bylaw 1394 Page 30 of 37 (iii) location and dimensions of existing and proposed structures and setbacks (including projections and overhangs) to parcel lines, rights-of-way, and easements; (iv) location of existing and proposed access roads, driveways, vehicle parking spaces, pathways, screening and fencing; (v) calculations showing compliance with the relevant zoning regulations, such as parcel coverage and density. .5 Floor Plans (a) Floor Plans of all levels of the existing building(s). .6 Building Report (a) A Building Report, written by a Professional Engineer or Architect, that provides a BC Building Code review that specifically addresses, for each subject building: (i) fire separation; (ii) soundproofing; (iii) structural integrity; (iv) mechanical review; (v) information on the: (a) building’s state of repair; (b) building’s general workmanship; (c) life expectancy of the building; (d) projected major increases in maintenance costs due to the condition of the building; and (e) assessments of the condition of the roof and the exterior and interior surfaces and details of the building. If the building does not comply with the current BC Building Code, the professional shall identify the work that is required to bring the building up to code. This report will be retained as public record. (b) Plan of Strata Subdivision prepared by a British Columbia Land Surveyor may be submitted for final approval when all conditions imposed by Council are resolved to the satisfaction of the Approving Officer. 2. Processing Procedure .1 Staff will review the application to determine whether it is complete and, if incomplete, will request the required information from the applicant prior to processing. If complete, Town staff will open a file and issue a fee receipt to the applicant. Land Use Procedures Bylaw 1394 Page 31 of 37 .2 Staff will evaluate the proposal for compliance with relevant Town of Oliver bylaws and policies. Staff may conduct a site visit to view the property as part of the evaluation process. .3 Staff will refer the application to all relevant Town of Oliver departments and committees, government ministries and agencies as applicable. .4 A letter shall also be forwarded by the Town of Oliver to all tenants advising of the application for conversion. .5 The referral agencies’ comments along with any other representations will then be incorporated into a technical report to the CAO. .6 When all relevant conditions and guidelines have been satisfied, the staff report and strata plan will be considered for approval by the CAO. .7 If the CAO grants approval in principle to the application, the applicant may then engage a British Columbia Land Surveyor to prepare strata plans in accordance with the provisions of the Strata Property Act. The strata plans are to be forwarded to the Corporate Officer for execution. .8 Before the strata plans are signed, the applicant must comply with the conditions, imposed by the CAO. Once signed, the Town of Oliver’s Building Inspector will retain one set of paper prints for the record, and return all remaining copies to the applicant for deposit with the Registrar at the Land Title Office. .9 An owner of property may request a reconsideration of a decision by Council as outlined in the Town of Oliver’s Delegation of Council Authority Bylaw, as amended. A decision by Council is considered final. .10 The CAO may use their discretion to forward a strata conversion application to Council for decision and not use the delegated authority. .11 Should an application be forwarded to Council, the applicant will be invited to attend the Council meeting at which the application will be considered. .12 Council will consider the technical report and may approve the conversion, or deny the application. .13 Once the Council minutes have been prepared, the applicant will be notified in writing of the outcome. .14 If Council grants approval in principle to the application, the applicant may then engage a British Columbia Land Surveyor to prepare strata plans in accordance with the provisions of the Strata Property Act. The strata plans are to be forwarded to the Corporate Officer for execution. .15 Before the strata plans are signed, the applicant must comply with the conditions, imposed by Council. Once signed, the Town of Oliver’s Building Inspector will retain one set of paper prints for the record, and return all remaining copies to the applicant for deposit with the Registrar at the Land Title Office. Schedule 6 – Application for a Floodplain Exemption SC H E D U L E 6 APPLICATION FOR A FLOODPLAIN EXEMPTION This information is meant as a general guide only and is not regarded as the right to development approval if the steps indicated are followed. 1. Application Requirements .1 Authorisation (a) An application for a Floodplain Exemption shall be made to the CAO in writing and on the appropriate form, and shall be: (i) made by the owner of the land involved or by a person authorized by all property owners; (ii) if a numbered company holds the property, a corporate search shall accompany the application illustrating the company directors. The signatory on the application form shall be a company director; (iii) accompanied by the appropriate application fee outlined in the Town’s Fees and Charges Bylaw. .2 Letter of Intent (a) An outline of the type of development or land use proposed, including: (i) a description of the exemption sought and reasons or rationale for the proposal. .3 State of Title Certificate (a) a copy of the Land Title Office search print for the subject property, issued not more than thirty (30) calendar days prior to the application date for any parcel of land subject to the application; and (b) a copy of all non-financial charges (i.e. covenants, easements and rights-of-way, etc.) registered on the subject property. .4 Site Plan (a) a site plan of the proposed development drawn to scale and showing dimensions. The site plan must include: (i) north arrow and scale; (ii) dimensions and boundaries of property lines, rights-of-way, covenant areas and easements; (iii) location and dimensions of existing and proposed structures, including elevations and setbacks (including projections and overhangs) to parcel lines, rights-of-way, and easements; Land Use Procedures Bylaw 1394 Page 33 of 37 (iv) location of existing and proposed access roads, driveways, vehicle parking spaces, pathways, screening and fencing; (v) calculations showing compliance with the relevant zoning regulations, such as parcel coverage and density; and .5 Assessment Report: (a) A Professional Engineer or Geoscientist’s Report/Floodplain Hazard Assessment Report certifying that the land may be used safely for the intended purpose is required. The report must be prepared in accordance with the document entitled Guidance for Selection of Qualified Professionals and Preparation of Flood Hazard Assessment Reports. 2. Processing Procedure .1 Town staff will review the application to determine whether it is complete and, if incomplete, will request the required information from the applicant prior to processing. If complete, Town staff will open a file and issue a fee receipt to the applicant. .2 Town staff will evaluate the proposal for compliance with relevant Town of Oliver bylaws and policies. Staff may conduct a site visit to view the property as part of the evaluation process. .3 Town staff will refer the application to all applicable Town of Oliver departments, government ministries and agencies, as applicable. .4 The referral agency comment will then be incorporated into a technical report to Council. .5 The applicant is invited to attend the Council meeting at which the application will be considered. .6 Council may grant the requested site specific exemption, or may refer, table or deny the application. .7 Once the Council minutes have been prepared, the applicant will be notified in writing of the outcome. .8 If an exemption is granted, a covenant under Section 219 of the Land Title Act will be prepared at the expense of the applicant to be signed and sealed by the Corporate Officer and registered against the title of the subject property at the Land Title Office. Schedule 7 – Referral of an Agricultural Land Commission Application SC H E D U L E 7 REFERRAL OF AN AGRICULTURAL LAND COMMISSION APPLICATION This information is meant as a general guide only and is not regarded as the right to development approval if the steps indicated are followed. 1. Application Requirements .1 Please review the Agricultural Land Commission’s (ALC) “Applicant Information Package” (available at www.alc.gov.bc.ca) before submitting an application to the Town of Oliver. This package contains details on ALC application requirements as well as the ALC process for issuing approvals. 2. Processing Procedure .1 The application is reviewed to determine whether it is complete and, if incomplete, the applicant will be notified of any outstanding requirements prior to processing. If complete, Town staff will open a file and issue a fee receipt to the applicant. .2 Town of Oliver staff will evaluate the proposal for compliance with relevant Town of Oliver bylaws and policies. Town of Oliver staff may conduct a site visit to view the property as part of the evaluation process. .3 Town of Oliver staff will refer the application to all applicable Town of Oliver departments for comment. .4 The referral comments will then be incorporated into a technical report. If Sections 25(3) or 30(4) of the Agricultural Land Commission Act are not triggered by the proposal, the CAO will forward the proposal to the ALC with comments. .5 If the proposal does trigger Sections 25(3) or 30(4) of the Agricultural Land Commission Act, the technical report will be forwarded to Council for consideration. .6 Council will consider the technical report and may: (i) agree to “authorise” the application; or (ii) determine to not “authorise” the application. .7 Should Council agree to “authorise” the application, a recommendation is sent to the ALC, and the ALC makes the final decision Schedule 8 - Referral Of A Liquor And Cannabis Regulation Branch Application SC H E D U L E 8 REFERRAL OF A LIQUOR AND CANNABIS REGULATION BRANCH APPLICATION This information is meant as a general guide only and is not regarded as the right to development approval if the steps indicated are followed. 1. Application Requirements .1 Please review the Liquor and Cannabis Regulation Branch’s (LCRB) application requirements at the provincial government’s web-site (www.gov.bc.ca). 2. Processing Procedures – Liquor Licence .1 The application is reviewed to determine whether it is complete and, if incomplete, the applicant will be notified of any outstanding requirements prior to processing. If complete, Town staff will open a file and issue a fee receipt to the applicant. .2 Town of Oliver staff will evaluate the proposal for compliance with relevant Town of Oliver bylaws and policies. Town of Oliver staff may conduct a site visit to view the property as part of the evaluation process. .3 Town of Oliver staff will refer the application to all applicable Town of Oliver departments for comment. .4 The referral comments will be incorporated into a technical report that will be forwarded to Council for consideration. .5 The applicant is invited to attend the Council meeting at which the application will be considered. .6 Council will consider the technical report and may: (a) provide comment on the application, which requires deferral for public consultation. (b) opt out of providing comment on the application. .7 Should Council wish to provide comment on the application, Town of Oliver Staff will notify the application by: (a) written notice mailed to property owners and tenants of land within a radius not less than 100 metres of the boundaries of the subject property; (b) posting of application information on the Town’s web-site and social media accounts; (c) advertising in at least one edition of an appropriate print newspaper and once on an internet news media site with a focus on local matters; and (d) erecting a public notification sign on the subject property in accordance with the requirements outlined in Section 4.2.2. Land Use Procedures Bylaw 1394 Page 36 of 37 .8 The referral comments as well as any written comments from the public will then be incorporated into a technical report to be forwarded to Council for consideration. .9 Town of Oliver staff will forward Council’s final recommendation to the LCRB, along with any required documentation, and the LCRB makes the final decision. .10 Once the Council minutes have been prepared, the applicant will be notified in writing of the recommendation. 3. Processing Procedures – Cannabis Licence .1 The application is reviewed to determine whether it is complete and, if incomplete, the applicant will be notified of any outstanding requirements prior to processing. If complete, Town staff will open a file and issue a fee receipt to the applicant. .2 Town of Oliver staff will evaluate the proposal for compliance with relevant Town of Oliver bylaws and policies. Town of Oliver staff may conduct a site visit to view the property as part of the evaluation process. .3 Town of Oliver staff will refer the application to all applicable Town of Oliver departments for comment. .4 Where an application involves the use of land in which “cannabis dispensary” is not listed as a permitted use in the applicable zone under the Town of Oliver’s zoning bylaw, an application for a zoning amendment will be required. .5 Where an application involves the use of land in which “cannabis dispensary” is listed as a permitted use in the applicable zone under the Town of Oliver’s Zoning Bylaw, Town of Oliver staff will notify the application by: (a) written notice mailed to property owners and tenants of land within a radius not less than 100 metres of the boundaries of the subject property; (b) posting of application information on the Town’s web-site and social media accounts; (c) advertising in at least one edition of an appropriate print newspaper and once on an internet news media site with a focus on local matters; and (d) erecting a public notification sign on the subject property in accordance with the requirements outlined in Section 4.2.2. .6 A period of not less than 28 calendar days will be provided for written comments from the public to be submitted to the Town. .7 The referral comments as well as any written comments from the public will then be incorporated into a technical report to be forwarded to Council for consideration. .8 The applicant is invited to attend the Council meeting at which the application will be considered. .9 Council will consider the technical report and may: (a) make a recommendation to deny the application; Land Use Procedures Bylaw 1394 Page 37 of 37 (b) make a recommendation in favour of the application; or (c) defer making a recommendation. .10 Should an application be deferred to allow for additional consultation in the form of a public hearing, notice of the public hearing will be given in accordance with section 4.2 of this bylaw .11 Town of Oliver staff will forward Council’s final recommendation to the LCRB, along with any required documentation, and the LCRB makes the final decision. .12 Once the Council minutes have been prepared, the applicant will be notified in writing of the recommendation. Land Use Procedures Bylaw 1394 Page 38 of 38 (b) make a recommendation in favour of the application; or (c) defer making a recommendation. .10 Should an application be deferred to allow for additional consultation in the form of a public hearing, notice of the public hearing will be given in accordance with section 4.2 of this bylaw .11 Town of Oliver staff will forward Council’s final recommendation to the LCRB, along with any required documentation, and the LCRB makes the final decision. .12 Once the Council minutes have been prepared, the applicant will be notified in writing of the recommendation.