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An Act to Supersede and Replace the Vancouver Incorporation Act, 1921, Being Chapter 55 of the Statutes of 1921 (Second Session), and All Amendments Thereto.
Part XXVII — Planning and Development
559. In this Part, or in any by-law made thereunder, unless the context otherwise requires,
"building" and "construction" mean "building" and "construction" as defined in section 304;
"certificate of use and occupancy" means a certificate issued by the Director of Planning or such other persons as are authorized by Council, designating the authorized use or occupancy of any land or building;
"conditional approval use" means a use of land or a building which is permitted in a district or zone at the discretion of Council or an official or board to whom the discretion is delegated;
"development" means a change in the use of any land or building, or the carrying-out of any construction, engineering or other operations in, on, over, or under land or land covered by water;
"development plan" means a plan or plans for the future physical development of the city or any part thereof, whether expressed in drawings, reports, or otherwise, and whether complete or partial;
"non-conforming" as applied to a development means that such development was lawful when it took place but, by reason of a zoning by-law subsequently passed, does not conform to the uses permitted or regulations prescribed by such by-law. "Non-conformity" shall have a corresponding meaning;
"official development plan" means any development plan, whether complete or partial, which has been adopted under this Part;
"owner" shall include the agent or representative of a person owning or in possession of real property or in receipt of the rents or profits therefrom whether on his own account or as agent or trustee for any other person;
"structural alteration" includes any work or construction which involves any change, modification, replacement, or repair of any supporting member of a building, including the bearing walls, columns, beams, or girders thereof;
"zoning by-law" shall include a zoning and development by-law.
Historical Note(s): 1959-107-20; 1964-72-16; 1987-52-32; 1988-67-11.
560. The Council may appoint a Director of Planning, who shall have such duties and powers as the Council may from time to time prescribe.
Historical Note(s): 1959-107-20.
560A. The Director of Planning or anyone authorized by him shall have power to enter on to any land or into any building at any reasonable time for the purpose of inspecting such land or building in order to ascertain if the provisions of a zoning by-law are being or have been carried out.
Historical Note(s): 1963-60-16.
561. (1) The Council may have development plans prepared or revised from time to time.
(2) A development plan under this section may
(a) relate to the whole city, or to any particular area of the city, or to a specific project or projects within the city;
(b) be altered, added to, or extended;
(c) designate
(i) land for streets, lanes and other public thoroughfares, and for the widening of streets, lanes and other public thoroughfares,
(ii) sites for parks, schools and public buildings, and
(iii) areas for special projects, including projects that require development or redevelopment as a whole.
(3) A development plan under this section must include housing policies of the Council respecting affordable housing, rental housing and special needs housing.
Historical Note(s): 1992-15-3.
562. The Council may by by-law
(a) adopt as the official development plan, or as a part thereof, any development plan prepared under section 561; or
(b) revise or amend the official development plan or any part thereof.
Historical Note(s): 1959-107-20.
563. (1) The adoption by Council of a development plan shall not commit the Council to undertake any of the developments shown on the plan.
(2) The Council shall not authorize, permit, or undertake any development contrary to or at variance with the official development plan.
(3) It shall be unlawful for any person to commence or undertake any development contrary to or at variance with the official development plan.
Historical Note(s): 1959-107-20.
564. (1) Where a project is shown upon an official development plan, the Council may acquire any real property it considers essential to the carrying-out of the project, and in addition acquire other adjacent or neighbouring real property. Such additional real property may include
(a) the remnants of parcels, portions of which are essential to carrying out the project;
(b) any lands which may be injuriously affected by the project;
(c) any lands which, if allowed to be built upon without restriction, might become the site of buildings or structures which would prejudicially affect the full enjoyment of any building forming part of the project or the architectural effect thereof;
(d) any lands which the Council is of the opinion could be conveniently and profitably resubdivided or rearranged and developed as part of the project.
(2) The Council shall have the same right to purchase or expropriate the additional lands as it has to purchase or expropriate the lands immediately necessary for the carrying-out of the project under this Act.
(3) Any expenses incurred in acquiring additional lands shall be met as part of the project, and the proceeds of any sale or other disposition of the lands so acquired shall be applied, in so far as they are required, in reduction of the cost of carrying out the project.
Historical Note(s): 1959-107-20.
565. (1) The Council may make by-laws
(a) dividing the city or any portion thereof into districts or zones of such number, shape, or size as Council may deem fit;
(b) regulating, within any designated district or zone, the use or occupancy of land and land covered by water for or except for such purposes as may be set out in the by-law;
(c) regulating, within any designated district or zone, the construction, use, or occupancy of buildings for or except for such purposes as may be set out in the by-law;
(d) regulating the height, bulk, location, size, floor area, spacing, and external design of buildings to be erected within the city or within designated districts or zones;
(e) prescribing, in any district or zone, building lines and the area of yards, courts, and open spaces to be maintained; and regulating in any district or zone the maximum density of population or the maximum floor-space ratio permissible;
(f) designating districts or zones in which there shall be no uniform regulations and in which any person wishing to carry out development must submit such plans and specifications as may be required by the Director of Planning and obtain the approval of Council to the form of development, or in which any person wishing to carry out development must comply with regulations and guidelines set out in a development plan or official development plan;
(f.1) requiring, where it creates a zone pursuant to this section, that as a condition of approving a form of development a person provide public amenities, facilities or utilities or provide land for such purposes or require that the person retain and enhance natural physical features of a parcel being developed;
(g) delegating to the Director of Planning or such other persons as are authorized by Council the authority to certify the authorized use or occupancy of any land or building;
(h) providing for certificates of use or occupancy and providing that the use or occupancy of any land or building other than in accordance with the certificate of use or occupancy applicable to such land or building shall constitute a violation of the by-law and shall render the owner of the land or building liable to the penalties provided in the by-law;
(i) authorizing the collection of a fee for a certificate of use or occupancy, which fee may vary according to the type of use or occupancy or the value of the land or building used or occupied;
(j) describing the zones or districts by the use of maps or plans, and the information shown on such maps or plans shall form part of the by-law to the same extent as if included therein.
(2) A by-law regulating the use or occupancy of land, land covered by water or buildings may
(a) permit uses or occupancies existing at a date specified in the by-law as outright uses, and
(b) make uses or occupancies existing at a date specified in the by-law conditional approval uses as of that date.
Historical Note(s): 1959-107-20; 1964-72-17; 1990-76-10; 1992-57-14.
565A. Council may make by-laws
(a) prohibiting any person from undertaking any development without having first obtained a permit therefor. Such permit shall hereinafter be referred to as a "development permit";
(b) providing that a development permit may be limited in time and subject to conditions, and making it an offence for any person to fail to comply with such conditions;
(c) providing that no building permit shall be issued for the construction of any building until a development permit has first been obtained;
(d) delegating to any official of the city or to any board composed of such officials such powers of discretion relating to zoning matters which to Council seem appropriate;
(e) providing for relaxation of the provisions of a zoning by-law or a by-law prescribing requirements for buildings where
(i) enforcement would result in unnecessary hardship,
(ii) Council determines that the proposed development would make a contribution to conserving a building of heritage significance,
(iii) Council determines that the proposed development makes provision for public space or activities, or
(iv) Council determines that the proposed development makes provision for low cost housing for persons receiving assistance.
Such relaxation may be limited in time and may be subject to conditions. The by-law may authorize such relaxation by the Director of Planning or by any board constituted pursuant to subsection (d). The power to relax the provisions of a zoning by-law shall not be used to permit construction to provide for multiple occupancy in a one family dwelling district nor to permit the use or occupancy of a dwelling as a multiple dwelling in such district unless it was so used or occupied as at April 1, 1977; provided however, that the occupancy of a suite authorized by a by-law passed pursuant to section 565C shall not constitute a multiple occupancy;
(f) providing for the payment of a fee upon application for a development permit, which fee may vary accordingly to the value or type of development for which the permit is sought;
(g) providing that the use or occupancy of any land or building in contravention of the provisions of a zoning by-law or the conditions of a development permit shall constitute a violation of the zoning by-law and shall render the owner of the land or building liable to the penalties provided in the by-law;
(h) prohibiting the use or occupancy of any land or building on or in which a development has taken place since the eighteenth day of June, 1956, without a development permit;
(i) prohibiting the erection, use, or occupancy of any building or the use or occupancy of any land unless due provision is made for public safety and amenity, sanitary facilities, water supply, and drainage;
(j) and (k) [Repealed 1992-79-12.]
Historical Note(s): 1964-72-18; 1966-69-23; 1978-41-31; 1988-67-12; 1990-77-2; 1992-79-12.
565B. The Council may in the exercise of its powers under this Part
(a) define what constitutes a family and what constitutes a household support person and may, for the purpose of regulating the occupancy of suites, adopt different definitions of family and household support persons from those adopted to regulate the occupancy of the principal dwelling unit, and
(b) define what constitutes a principal dwelling unit and what constitutes a suite.
Historical Note(s): 1988-67-13.
565C. (1) The Council may in the exercise of its powers under this Part permit, as a conditional approval use, the occupancy of a suite or suites by members of the family of, or household support persons employed by, the owner or occupant of the principal dwelling unit.
(2) The Council may as a condition of permitting the use of suites as authorized under subsection (1), require
(a) that a development permit, limited in time, be obtained authorizing such use, and such permit may limit use to occupancy by persons named in the permit, and
(b) that security, in a form, amount and for a period of time set out in the by-law, be posted to ensure that the suite is not occupied other than by persons authorized as occupants by the development permit.
(3) A development permit authorizing any use of a suite shall expire and become void on a change of ownership or occupancy of the principal dwelling unit or a sale of the premises in which the suite is situate.
(4) The granting of the specific powers in this section shall not be taken in any way to diminish the general power to regulate the use or occupancy of land conferred by section 565.
Historical Note(s): 1988-67-13.
565D. (1) In this section, "phase out suite" means a suite which was in existence on October 22, 1986 and which suite or the use or occupancy thereof was on that date not permitted by by-law.
(2) Council may, by by-law, permit the retention of one or more phase out suites for a limited period of time and on such conditions as may be prescribed in the by-law.
Historical Note(s): 1988-67-13.
565E. When a development permit which is limited in time expires, then notwithstanding section 568, any use permitted by such permit becomes unlawful.
Historical Note(s): 1988-67-13.
566. (1) The Council shall not make, amend, or repeal a zoning by-law until it has held a public hearing thereon, and an application for rezoning shall be treated as an application to amend a zoning by-law.
(2) Council may by by-law require every person applying for an amendment to the zoning by-law to accompany the application with a fee to be prescribed by by-law.
(2.1) A fee under subsection (2) may vary depending on the size of the area covered by the proposed rezoning, and the by-law establishing the fee may provide for a reduction of the fee depending upon the complexity or scope of the proposed amendment.
(2.2) A fee under subsection (2) must not exceed the average costs of processing, inspection, advertising and administration that are usually related to a zoning by-law amendment of the kind to which the fee relates.
(3) Notice of the hearing, stating the time and place of the hearing and the place where and the times within which a copy of the proposed by-law may be inspected, shall be published in not less than two consecutive issues of a daily newspaper published (or circulating) in the city, with the last of such publications appearing not less than seven days nor more than fourteen days before the date of the hearing.
(4) At the hearing all persons who deem themselves affected by the proposed by-law shall be afforded an opportunity to be heard in matters contained in the proposed by-law, and the hearing may be adjourned from time to time.
(5) After the conclusion of the public hearing, the Council may pass the proposed by-law in its original form or as altered to give effect to such representations made at the hearing as the Council deems fit.
(6) Notwithstanding the provisions of this section, where any street or part thereof has been stopped up under the provisions of any Act and the ownership thereof is transferred to the owner of an adjoining parcel of land, then the land formerly comprising the street or part thereof so stopped up shall be deemed to be zoned for the same purpose for which the parcel of which it has become a part is already zoned unless the Council by resolution shall otherwise direct.
(7) Notwithstanding the provisions of this section, where any land zoned pursuant to this Part has been transferred to the city for street purposes, whether such street is established or opened up by the city or not, such land shall be deemed not to be zoned unless the Council by resolution shall otherwise direct.
Historical Note(s): 1959-107-20; 1962-82-16; 1992-57-15.
567. Where the provisions of the zoning by-law impose requirements for a lower height of buildings, or a less percentage of a lot that may be occupied, or require wider or larger courts or deeper yards than are imposed or required by the provisions of the building by-law, the provision of the zoning by-law shall govern; but where the provisions of the building by-law impose requirements for a lower height of buildings, or a less percentage of lot that may be occupied, or require wider or larger courts or deeper yards than are required by the zoning by-law, the provisions of the building by-law shall govern.
Historical Note(s): 1959-107-20; [amended 1981-11-43, to be proclaimed, amendment not included].
568. (1) Non-conformity shall be divided into two types: —
(a) Non-conformity with respect to the use which is made of the premises;
(b) Non-conformity arising out of change in the regulations governing matters other than the use which may be made of the premises.
(2) A building lawfully under construction at the time of coming into force of a zoning by-law shall for the purpose of that by-law be deemed to be a building existing at that time. For the purposes of this subsection, a building shall be deemed to be lawfully under construction if a development permit has been issued and such permit remains valid.
(3) A lawful use of premises existing at the time of coming into force of a zoning by-law, although such use is not in accordance with the provisions of the by-law, may be continued; but, if such non-conforming use is discontinued for a period of ninety days, any future use of those premises shall be in conformity with the provisions of the by-law. The Board of Variance may extend the aforesaid period of 90 days to a maximum of 180 days.
(4) No additions or structural alterations except those required by Statute or by-law shall be made to a non-conforming building without
(a) the approval of the Board of Variance if the non-conformity is in respect of use;
(b) the approval of the Director of Planning if the non-conformity is in respect of regulations only.
(5) Where a non-conforming building is damaged or destroyed by fire to the extent of sixty per centum or more of its value above its foundations as determined by the City Building Inspector, whose decision shall be subject to review by the Board of Variance, it shall not be repaired or reconstructed without the approval of
(a) the Board of Variance if the non-conformity is in respect of use;
(b) the Director of Planning if the non-conformity is in respect of regulations only.
(6) [Repealed 1985-89-8.]
Historical Note(s): 1959-107-20; 1960-80-13; 1961-76-14; 1969-45-26; 1974-104-46; 1985-89-8; 1987-52-33.
569. (1) Where a zoning by-law is or has been passed, amended, or repealed under this Part, or where Council or any inspector or official of the city or any board constituted under this Act exercises any of the powers contained in this Part, any property thereby affected shall be deemed as against the city not to have been taken or injuriously affected by reason of the exercise of any such powers or by reason of such zoning and no compensation shall be payable by the city or any inspector or official thereof.
(2) Notwithstanding that the Board of Variance has relaxed the provisions of a by-law enacted under this Part, in determining the compensation payable by the city for the taking of lands for the widening of a street in respect of which a building line has been fixed, the city is not liable to pay compensation for or in respect of any building erected in contravention of the by-law fixing the building line.
(3) Upon the acquisition of such lands by the city, the owner shall, upon demand by the city, remove such building or part thereof, as the case may be, and, in default thereof, the city may remove the same and the costs of such removal and any other costs incidental thereto shall be a debt due to the city payable by the owner of the property recoverable by action and shall be a charge on the balance of the land unless sooner paid to the city.
(4) Where the use of land or the siting of existing buildings and structures on the land ceases, as a result of expropriation of land, to conform to a zoning by-law under this Part, the remainder of the property is deemed to conform, unless compensation was paid to the owner or occupant of the land in an amount that is directly attributable to the loss, if any, suffered by that owner or occupant as a result of the non-conformity.
Historical Note(s): 1959-107-20; 1964-72-19; 1965-68-28; 1969-45-27; 1970-54-29; 1990-76-11.
570. (1) Prior to the adoption of a zoning by-law, or of an official development plan, or of an amendment to a zoning by-law, or of an alteration, addition, or extension to an official development plan, the Council may cause to be withheld the issuance of any development or building permit for a period of thirty days from the date of application for such permit.
(2) Where any permit is so withheld, the application therefor shall be considered by the Council within the said period of thirty days, and, if in the opinion of the Council, the development proposed in the application would be at variance or in conflict with a development plan in the course of preparation, or with an alteration, addition, or extension to an official development plan in course of preparation, or with a zoning by-law in course of preparation, or with an amendment to a zoning by-law in course of preparation, the Council may withhold the permit for a further sixty days from the expiration of the thirty-day period hereinbefore referred to, or the Council may impose such conditions on the granting of the development permit as may appear to the Council to be in the public interest.
(3) In the event that the Council does not within the said period of sixty days adopt any such plan, alteration, addition, extension, or by-law, the owners of the land in respect of which a development permit was withheld or conditions were imposed pursuant to this section shall be entitled to compensation for damages arising from the withholding of such development permit, or the imposition of such conditions. Such compensation shall be determined by arbitration pursuant to the Commercial Arbitration Act.
Historical Note(s): 1959-107-20; 1986-3-53, effective July 4, 1986 (B.C. Reg. 148/86).
571. (1) Any by-law passed hereunder may be enforced and the contravention of any regulation therein restrained by the Supreme Court upon action brought by the city, whether or not any penalty has been imposed for such contravention, and it shall be unnecessary for the Crown or the Attorney-General or any other officer of the Crown to be a party to such action.
(2) Any zoning by-law passed hereunder may be enforced and the contravention of any regulation therein restrained by the Supreme Court upon action brought by the city or by any registered owner of real property or any incorporated society representing registered owners of real property in the City of Vancouver and affected by such by-law or regulation, whether or not any penalty has been imposed for such contravention, and it shall be unnecessary for the Crown or the Attorney-General or any other officer of the Crown to be a party to such action.
Historical Note(s): 1959-107-20; 1970-54-30.
571A. (1) The Council may make by-laws for regulating the number, size, type, form, appearance and location of signs, whether projecting into a street or not, and the by-law may contain different provisions for different zones and for different uses within a zone.
(2) The Council may, by resolution passed by not less than two-thirds of all its members, order the removal of any sign, whether located on private or on public property which has been non-conforming for not less than five years, provided, however, that where a sign which became non-conforming prior to March 1, 1973, had, before such date, been granted a permit to make substantial modifications to such sign, the said period of five years shall be calculated from the date of such permit.
(3) The provisions of subsections (1) and (2) of section 324A shall, mutatis mutandis, apply with respect to the enforcement of any order made herein. No compensation shall be payable in connection with the exercise of the authority herein.
Historical Note(s): 1973-93-22; 1987-52-34.
572. In this and the following section "Board" means "Board of Variance."
(1) The Council shall establish by by-law a Board of five members, two to be appointed by the Council, two to be appointed by the Lieutenant-Governor in Council, and a Chairman who shall be appointed by a majority of the other appointees. The Board shall appoint a secretary and such other officials as may be required by the Board.
(2) Each member of the Board shall hold office for a term of three years or until his successor shall be appointed, but a person may be reappointed for a further term or terms.
(3) The Council may provide, by by-law or resolution, for the remuneration of members of the Board, in such amounts as the Council thinks fit, and may also provide for the payment of a fee for the hearing of an appeal before the Board.
(4) No person who is a member of the Advisory Planning Commission or who holds any municipal office, whether appointed or elected, is eligible to be appointed or to sit as a member of the Board.
(5) Three members of the Board shall constitute a quorum.
(6) The Chairman may from time to time appoint a member of the Board as Acting-Chairman to preside in the absence of the Chairman.
(7) In the event of the death, resignation, or removal from office of any member of the Board, his successor shall be appointed in the same manner as such member was appointed, and until the appointment of his successor the remaining members shall constitute the Board.
(8) The Chairman may be removed at any time by the Lieutenant-Governor in Council on the recommendation of the Council.
(9) The by-law establishing the Board shall set out the procedure to be followed by the Board, including the manner in which appeals are to be lodged and the method of giving notices required under section 573.
Historical Note(s): 1959-107-20; 1969-45-29.
573. (1) The Board shall hear and determine appeals
(a) by any person aggrieved by a decision on a question of zoning by any official charged with the enforcement of a zoning by-law;
(b) by any person who alleges that the enforcement of a zoning by-law with regard to siting, size, shape, or design of a building would cause him undue or unnecessary hardship arising out of peculiarities in the site or special circumstances connected with the development. In any such case the Board may, to the extent necessary to give effect to its determination, exempt the applicant from the applicable provisions of the zoning by-law;
(c) by any person who alleges that due to special circumstances or conditions the provisions of subsection (3) of section 568 will result in undue or unnecessary hardship to him;
(d) with respect to matters arising under subsections (4) and (5) of section 568;
(e) by any person aggrieved by a decision by any board or tribunal to whom Council has delegated power to relax the provisions of a zoning by-law;
(f) by any person unable to obtain a development permit by reason of section 565A (j) or unable to use or occupy land or a building by reason of section 565A (k).
(2) The Board shall not allow any appeal solely on the ground that if allowed the land or buildings in question can be put to a more profitable use nor unless the following conditions exist: —
(a) The undue or unnecessary hardship arises from circumstances applying to the applicant's property only; and
(b) The strict application of the provisions of the by-law would impose an unreasonable restraint or unnecessary hardship on the use of the property inconsistent with the general purpose and intent of the zoning by-law; and
(c) The allowance of the appeal will not disrupt the official development plan.
(3) The Board shall give notice to such owners of real property as the Board may deem to be affected by the appeal, and public notice of the hearing shall be given, if the matter is deemed by the Board to be of sufficient importance. For the purpose of determining the names of the owners deemed to be affected, reference shall be made to the records kept by the Assessor.
(4) The Board shall conduct its hearings of appeals under this section in public.
(5) The decision of a majority of the members of the Board present at a hearing shall constitute the decision of the Board, which shall be rendered in open meeting and shall be recorded in writing by the secretary. In the event of the members of the Board being equally divided, the appeal shall be disallowed.
(6) No appeal shall lie from a decision of the Board.
(7) In allowing an appeal, the Board may impose such restrictions, limitations, or conditions as may seem to it to be desirable and proper in the circumstances.
(8) Council may by by-law provide that failure to comply with any restrictions, limitations, or conditions imposed by the Board pursuant to subsection (7) shall constitute an offence against the by-law.
Historical Note(s): 1959-107-20; 1960-80-14; 1964-72-20,21; 1990-77-3.
574. (1) The Council may by by-law create a Commission to advise the Council on planning matters.
(2) The Commission shall comprise such personnel and have such powers and duties as the Council may by by-law prescribe.
(3) Until the Council shall exercise the power by this section conferred the Town Planning Commission constituted under the Town Planning Act shall continue to exercise the powers conferred under that Act.
Historical Note(s): 1959-107-20.
Contents | Preamble | Part I | Part II | Part III | Part IV | Part V | Part VI | Part VII | Part VIII | Part IX | Part X | Part XI | Part XII | Part XIII | Part XIV | Part XV | Part XVI | Part XVII | Part XVIII | Part XIX | Part XX | Part XXI | Part XXII | Part XXIII | Part XXIV | Part XXIV-A | Part XXV | Part XVI | Part XXVI | Part XXVII | Part XXVIII
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