HomeMy Public PortalAboutLand Use Procedure Consolidated Bylaw 1394
Land Use Procedures Bylaw 1394
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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
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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
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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:
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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
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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;
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“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.
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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);
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(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.
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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:
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(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.
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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.
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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.
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(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
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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.
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.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
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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;
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(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
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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
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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;
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(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
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.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
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.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
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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
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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
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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
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(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
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.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
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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
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(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
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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
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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
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.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;
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(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.
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(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.