CITY OF REVELSTOKE
BYLAW No. 1895
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Being a Bylaw to delegate Council’s powers under section 154 of the Community Charter.
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WHEREAS section 154 of the Community Charter permits a council to delegate its powers, duties and functions to a council member, council committee, an officer or employee of the municipality or to other bodies established by the council;
NOW THEREFORE the Council of the City of Revelstoke, in open meeting assembled, enacts as follows:
DELEGATION OF AUTHORITY
1. The Council of the City delegates to the City’s Director of Planning the Council’s powers:
(a) to order heritage inspection under section 956 of the Local Government Act;
(b) to impose requirements under section 958 of the Local Government Act;
(c) to enter agreements, on behalf of the City, under section 960(5)(b) of the Local Government Act to prevent or mitigate impairment of the heritage value or heritage character of property where an application for a permit has been withheld under section 1;
(d) to issue heritage alteration permits pursuant to section 972 of the Local Government Act; and
(e) under section 973 of the Local Government Act, including to establish terms, requirements and conditions respecting heritage alteration permits, including, without limiting the foregoing, by requiring security, and to determine whether such terms, requirements and conditions have been met.
For clarity, where a delegation under this section references a section or subsection of the Local Government Act, the delegation of power includes all of the powers under that section or subsection.
2. The Director of Planning’s power to issue a heritage alteration permit delegated under section 2 is limited such that the Director may exercise the City’s power under section 972(2) of the Local Government Act to vary or supplement the provisions of City bylaws only with respect to the following bylaws and subject to the limitations indicated below:
(a) Subdivision Control Bylaw No. 1846 only with respect to the regulation of the sizes of parcels or minimum lot width that may be created by subdivision and provided that the minimum area or width of a parcel may not be varied to below the median area of the parcels in the block face in which the parcel is situated;
(b) Development Cost Charge Bylaw No. 1781, provided that the amount of a development cost charge payable must not be varied by more than 25 percent; and
(c) Zoning Bylaw No. 1264 only with respect to the regulation of the siting of buildings and structures and of off-street parking and loading and provided that in no case may the off-street parking required be varied by more than one space with respect to a residential use or 50% of the spaces required to be provided for a commercial or institutional use.
3. Security required by the Director of Planning as a condition of issuance of a heritage alteration permit must be in the form of cash or a letter of credit that is irrevocable, unconditional, automatically renewing and otherwise in a form satisfactory to the Director of Planning in an amount equal to 125 percent of the City’s Building Inspector’s estimate of the actual cost of designing, constructing and completing the construction, alteration or action with respect to which the alteration permit relates including so as to conform with the terms, requirements and conditions of the alteration permit.
RECONSIDERATION OF DELEGATE DECISION
4. An applicant or owner of property subject to a decision made by the Director of Planning pursuant to a power delegated to the Director of Planning under this Bylaw is entitled to have the decision reconsidered by Council in accordance with the following procedure:
(a) The applicant or owner must apply for the reconsideration of the matter in writing giving reasons why the applicant or owner wishes the decision to be reconsidered by Council, delivered to the Chief Administrative Officer, within 30 days after the decision is communicated in writing to the applicant or owner.
(b) The Chief Administrative Officer must place each request for reconsideration of the delegate’s decision on the agenda for a regular Council meeting.
(c) The applicant or owner must be notified of the date of the meeting at which reconsideration will occur.
(d) Council must consider the material that was considered by the delegate in making the decision.
(e) The applicant or owner is entitled to be heard by Council at the Council meeting.
(f) After having reconsidered the delegate’s decision Council may confirm, defer for additional information, amend or set aside the delegate’s decision, in the latter event substituting a decision of Council.
GENERAL
5. 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.
6. THAT this Bylaw may be cited for all purposes as the “Delegation Bylaw No.1895”.
7. 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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