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CITY OF REVELSTOKE
BYLAW No. 1206
A bylaw to establish a
Board of Variance under section 726 of the Municipal Act.
The Council of the
Corporation of teh City of Revelstoke in open meeting assembled enacts
as follows:
1. There is
hereby established a Board of Variance constitutes as follows:
- One person
appointed by the Council;
- One person
appointed by the Minister of Municipal Affairs;
- One person
appointed by the other two appointees.
2. The members
of the Board shall elect one of their number as Chairman. Each
member appointed shall hold office for a term of three years or until
his successor is appointed, but a person may be reappointed for further
terms.
4. A majority or
the Board is a quorum.
5. The Chairman
may from time to time appoint a member of the Board as Acting-Chairman
to preside in the absence of the Chairman.
6. (1) The
Board of Variance shall hear and determine an appeal:
- by a person
aggrieved by the decision of an Official charged with the
enforcement of a Zoning Bylaw or a Mobile Home Park Bylaw under
section 734 (i) of the Municipal Act so far as the decision
relates to an interpretation of the Bylaw;
- on matters
mentioned in Section 722 (4) of the Municipal Act;
- by a person who
alleges that enforcement of a Zoning Bylaw on siting, shape or
size of a building or structure, or siting in a Mobile Home Park
under a Mobile Home Park Bylaw, would cause him undue hardship;
and
- on matters
mentioned in Sections 722 (3) and 729 (7) of the Municipal Act.
(2) The Board may, to the extent necessary to give effect to its
determination under paragraph (c), to authorize a minor variance from
the applicable provisions of the bylaw that it believes is desirable for
the appropriate development of this site, maintains the general intent
and purpose of the bylaw, does not substantially affect adjoining sites,
and does not vary permitted uses or densities of land use prescribed by
the applicable bylaw. The variance applies to the person and
subsequent owners of the building, structure, or mobile home park.
(3) Notification of the appeal shall be given by the Board to the
owners and occupiers of all real property located within a radius of 45
meters (147.65 feet) of the property about which the appeal is being
heard, and public notice of the hearing shall be given if the matter is
deemed by the Board to be of sufficient importance.
(4) The decision in writing of all or a majority of the Board
members is the decision of the Board.
(5) Where the Board of Variance, after a hearing under section 6
(1) (c) exempts a person from a provision in a zoning bylaw, or after a
hearing under Section 6 (1) (d), allows an application made under
Section 733 (3) of the Municipal Act, it may order that, unless the
construction of the building, structure or mobile home park is completed
within the time fixed in the order, the exemption or allowances, as the
case may be, terminates and the relevant zoning bylaw applies.
(6) An appeal lies to the County Court from a decision of the
Board under Section 6 (1) (a) or (b), but all other decisions of the
Board are final and binding.
7. A member of
the Board of Variance shall not receive compensation for his services
other than allowances for actual expenses necessarily incurred in the
discharge of his official duties.
8. The Council
shall include in its annual budget the sums necessary to defray the
expenses of the Board.
9. The City of
Revelstoke Zoning Board of Variance Bylaw No. 921, 1972 is hereby
repealed in its entirety.
10. This Bylaw
may be cited as "The Corporation of the City of Revelstoke Board of
Variance Bylaw No. 1206, 1981".
READ A FIRST TIME THIS
12TH DAY OF JANUARY, 1981
READ A SECOND TIME THIS 12TH
DAY OF JANUARY, 1981
READ A THIRD TIME THIS 12TH
DAY OF JANUARY, 1981
RECONSIDERED AND FINALLY ADOPTED THIS 26TH DAY OF JANUARY, 1981
City Clerk, Mayor
I hereby certify that the foregoing is a true and correct copy of Bylaw
1206, 1981
City Clerk
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