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BYLAW 1728


CITY OF REVELSTOKE

BYLAW No. 1728


Being a Bylaw to Set Out Procedures to Amend an Official Community Plan, Zoning Bylaw or to Issue a Permit under Part 26 of the Local Government Act.


WHEREAS the Council of the City of Revelstoke, Province of British Columbia, has adopted an Official Community Plan and Zoning Bylaw;

AND WHEREAS the Council of the City of Revelstoke, Province of British Columbia, has designated areas where Temporary Commercial and Industrial Permits and Development Permits may be issued;

AND WHEREAS the Council of the City of Revelstoke, Province of British Columbia, under Section 895 (1) of the Local Government Act, shall by Bylaw establish procedures to amend the Official Community Plan or Zoning Bylaw or to issue a Permit;

NOW THEREFORE the Council of the City of Revelstoke, Province of British Columbia in open meeting assembled enacts as follows:

1. SCOPE

This Bylaw shall apply to the following:

(a) Amendment to:

(i) An Official Community Plan; and
(ii) A Zoning Bylaw.

(b) Issuance of:

(i) A Development Permit
(ii) A Development Variance Permit; and
(iii) A Temporary Commercial and Industrial Permit.

2. SUBMISSION OF APPLICATION

(a) An application for an Amendment or Issuance of a Permit shall be made by the registered owner of the property, or by a person authorized by the property owner.

(b) An application for an Amendment or Issuance of a Permit shall be made on the applicable forms as supplied by the City.

(c) Payment of the required application fees shall be in accordance to the City of Revelstoke Bylaw No. 1613 and Bylaw No. 1697.

3. PROCESS

Every application shall be processed by the Planning, Building & Bylaw Enforcement Department who shall present a report to Council for consideration. The report shall contain:

(a) A copy of the completed application.

(b) A copy of the proposed Amendment Bylaw and a request to consider first and second readings of the Bylaw, or contain a copy of the proposed Permit and a request to consider a Council resolution.

(c) Specify whether approval of the Ministry of Transportation and Highways under Section 54 (2) of the Highway Act or Section 924 (1) of the Local Government Act is required.

(d) State the amount of security posted by the applicant if applicable; and

(e) Any additional information as deemed relevant to the proposed Amendment or Issuance of the Permit.

4. BYLAW APPROVAL OR REFUSAL

Upon receipt of a report under Section 3 in respect to an application to amend a Bylaw, Council may:

(a) Give the Bylaw first and second readings and determine a date for Public Hearing;

(b) Request additional information or require minor adjustments to the Bylaw;

(c) Table the Amendment Bylaw;

(d) Reject the application to amend the Bylaw and refuse to give the Bylaw first reading.

(e) In the event that an application has not been completed within six (6) months of receipt of third reading, a registered letter shall be forwarded to the applicant. The letter shall identify the remaining subject conditions outstanding and advise that completion is required within thirty (30) days of the letter being received.

Following the thirty (30) day grace period, the Bylaw is referred back to Council for closure or further consideration.

5. PERMIT APPROVAL OR REFUSAL

Upon receipt of a report under Section 3 in respect to an application to issue a Permit, Council may:

(a) Pass a resolution to allow issuance of the Permit;

(b) Pass a resolution to allow issuance of the Permit as amended by Council;

(c) Request additional information or require minor adjustments to the permit;

(d) Table the Permit;

(e) Refuse issuance of the Permit;

(f) In the event that an application has not been completed within six (6) months of authorization to proceed, a registered letter shall be forwarded to the applicant. The letter shall identify the remaining subject conditions outstanding and advise that completion is required within thirty (30) days of the letter being received.

Following the thirty (30) day grace period, the Permit is referred back to Council for closure or further consideration.

6. PUBLIC NOTIFICATION

(a) For an application to amend an Official Community Plan or Zoning Bylaw, notice shall be given in accordance with Section 892 of the Local Government Act, except in those cases when Section 893 of the Local Government Act applies.

(b) Where Council proposes to pass a resolution to issue a Development Variance Permit, notice shall be given in accordance with Section 922 (5) & (6) of the Local Government Act.

(c) Where Council proposes to pass a resolution to issue a Development Permit which requires variances, notice shall be given in the same manner as for a Development Variance Permit.

(d) The distance for the mailing or delivery of a notice under Sections 892 (4) (b) (ii) and 922 (6) (b) of the Local Government Act shall be one hundred (100) metres.

7. PROCEDURE AFTER A PUBLIC HEARING

After a Public Hearing under Section 890 of the Local Government Act, Council has the authority to draft or defeat an Amendment Bylaw subject to the provisions contained in Section 894 of the Local Government Act.

8. REFUSAL

Where an application under this Bylaw has been refused by Council, the City shall give notice to the applicant within fifteen (15) days immediately following the date of refusal.

9. REAPPLICATION

(a) Subject to Section 895 (1) of the Local Government Act, reapplication for an Amendment Bylaw or Issuance of a Permit that has been refused by Council shall not be considered within a six (6) month period immediately following the date of refusal.

(b) In accordance to Section 895 (3) of the Local Government Act, the time limit for reapplication may be varied by an affirmative vote of at least 2/3 of the Council members eligible to vote on the reapplication.

10. THAT the City of Revelstoke Procedures Bylaw No. 1398, 1991 and Procedures Amendment Bylaw No. 1624, 2000 be repealed in their entirety.

11. THAT this Bylaw may be cited for all purposes as the “City of Revelstoke Development Procedures Bylaw No. 1728”.

12. THAT this Bylaw shall take effect upon the date of it’s adoption by Council.



READ A FIRST TIME THIS 12th DAY OF JANUARY, 2004.

READ A SECOND TIME THIS 12TH DAY OF JANUARY, 2004.

READ A THIRD TIME THIS 12th DAY OF JANUARY, 2004.

ADOPTED BY CITY COUNCIL THIS 26th DAY OF JANUARY, 2004.







Director of Corporate Administration Mayor



Certified a true copy, this day of , .

 

 
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