CITY OF REVELSTOKE
BYLAW No. 1893
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Being a Bylaw to authorize the withholding of approvals in respect of heritage property, and to establish application procedures in respect of Bylaw amendments and permits under Part 27 of the Local Government Act.
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WHEREAS section 950 of the Local Government Act permits a local government to, by bylaw, establish procedures for a person to apply for an amendment to a bylaw under Part 27 of the Local Government Act or for the issuance of a permit under that Part;
AND WHEREAS sections 960 and 961 of the Local Government Act permit a local government to, by bylaw, direct or authorize the officers or employees of the local government who issue approvals to withhold the issuance of any approval in certain circumstances relating to heritage conservation;
NOW THEREFORE the Council of the City of Revelstoke, in open meeting assembled, enacts as follows:
WITHHOLDING OF APPROVALS
1. (a) The City’s Building Inspector must withhold the issuance of a permit under City of Revelstoke Bylaw No. 1707 where he or she is of the opinion that the permit would authorize an action that would alter, or cause an alteration to, any of the following:
(i) property that is included in a heritage register established under section 954 of the Local Government Act;
(ii) property that is included within a heritage conservation area and listed in a schedule to the City of Revelstoke Official Community Plan Bylaw No. 1516 in accordance with section 970.1(3)(b) of the Local Government ; or
(iii) property that is subject to temporary protection under Part 27 of the Local Government Act.
(b) Without limiting section 1(a), the Building Inspector must withhold the issuance of a permit under Bylaw 1707 for the demolition of any property referred to in section 1(a)(i) until a permit under that Bylaw has been issued with respect to the proposed alteration or redevelopment and for the demolition of any property referred to in section 1(a)(ii) until a heritage alteration permit has been issued with respect to the proposed alteration or redevelopment.
(c) The Building Inspector must not withhold the issuance of a building permit in respect of any alteration which is required by an enactment or the issuance of a demolition permit where the demolition is reasonably required to mitigate a hazard to public safety.
(d) At the time that the Building Inspector notifies a permit applicant of a decision to withhold a permit under this section 1, the Building Inspector must also notify the applicant that the matter of the issuance of the permit will be considered by the Council at its next regular meeting after communication of the notice, including the date, time and location of that meeting.
APPLICATION FOR HERITAGE ALTERATION PERMIT
2. An owner of land or authorized agent may apply for a heritage alteration permit.
3. An application for a heritage alteration permit shall be made on the applicable forms as supplied by the City of Revelstoke.
4. Payment of the required application fees shall be in accordance to the City of Revelstoke Bylaw No. 1815.
REAPPLICATION
5. Reapplication for a heritage alteration permit that has been refused by the Director of Planning or Council shall not be considered within the six (6) month period immediately following the date of refusal by the Director of Planning or, if the refusal was made by Council but not pursuant to a reconsideration of a decision by the Director, by Council.
6. In accordance to Section 950 (2) of the Local Government Act, the time limit for reapplication in the preceding section may be varied by Council by an affirmative vote of at least 2/3 of the votes cast.
GENERAL
7. In this Bylaw, a reference to any enactment, including a City bylaw, is a reference to that enactment as amended or replaced from time to time, whether amended or replaced before or after the date of adoption of this Bylaw.
8. THAT this Bylaw may be cited for all purposes as the “Heritage Procedures Bylaw No.1893”.
9. THAT this Bylaw shall take effect upon the date of its adoption by Council.
READ A FIRST TIME THIS 28th DAY OF JANUARY, 2008.
READ A SECOND TIME THIS 28th DAY OF JANUARY, 2008.
READ A THIRD TIME THIS 28th DAY OF JANUARY, 2008.
ADOPTED BY CITY COUNCIL THIS 11th DAY OF FEBRUARY, 2008.
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Director of Corporate Administration
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Mayor
Certified a true copy, this _____________ day of _____________, _______________.
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