LAND USE CONTRACTS, NON-CONFORMING USE, BOARD OF VARIANCE, PERMITS

LAND USE CONTRACTS

-From 1971 until 1978, the Municipal Act, but not the Vancouver Charter, contained a provision for the adoption of a special type of zoning bylaw amendment known as a land use contract.

-The bylaw took the form of a contract made between the property owner and the local government and would often provide detailed plans showing what the property owner could build on the lands.

-may apply to only one property, or may apply to many different properties

-Land use contracts had to be registered as restrictive covenants in the land title office after formal adoption

-In 2014, the Local Government Act was amended to provide for termination of all land use contracts by 2024,

-no compensation awarded for loss or damage that results from the termination of a land use contract.

-However, if the land is lawfully used when the land use contract is terminated, the non-conforming use will be permitted to continue

NON-CONFORMING USE

-When a zoning bylaw or amendment is passed, sometimes the regulations will result in a property that no longer complies with the new zoning regulations.

-lawful non-conforming use: land use that is impermissible under current zoning restrictions, but is nevertheless permitted because the use existed lawfully before the restrictions took effect

-Under the Local Government Act, non-conforming uses may continue in the following circumstances:

• A non-conforming use may continue through successive changes of ownership, but it loses its status if the use is discontinued for a continuous period of six months (90 days in Vancouver);

• A structural alteration or an addition cannot be made to a building used for a non-conforming use unless this is required by law or permitted by a board of variance;

• A use in part of a building non-conforming under the new bylaw may be extended throughout an existing building or structure, but a non-conforming use of land cannot be extended over a larger area of land;

• A change in ownership does not change the status of its use; however, where a building, structure or land is damaged or destroyed to the extent of 75% or more of its value, it cannot be rebuilt without conforming to the new bylaw.

-a licensee’s responsibility to determine whether that use is permitted under the various bylaws, is a legal non-conforming use, or is an illegal use of the land.

BOARD OF VARIANCE

-must be established by every local government that has adopted a zoning bylaw.

-provides site-by-site exceptions to the regulations prescribed by the zoning bylaw.

-can determine if compliance with certain provisions of a zoning bylaw would cause undue hardship

- If it would, the board may grant a minor variance provided it will not conflict with the policies of the local governmen

PERMITS

-Part 14 of the Local Government Act provides for permits which allow a local government to vary the provisions of its zoning bylaw or subdivision servicing requirements on a site-by-site basis

-three kinds of permits that are most useful for the purposes of this chapter are development permits, development variance permits and temporary use permits + Building permits

Development Permits

-to manage development in areas with special needs or conditions

-In order to use this planning mechanism, the areas with special needs or conditions must first be designated as development permit areas in the OCP.

-the reason for the designation must fall within one or more of the following categories:

• protection of the natural environment;

• protection of development from hazardous conditions;

• protection of farming;

• revitalization of an area in which a commercial use is permitted;

• establishment of objectives for:

◦ intensive residential development;

◦ commercial, industrial or multi-family residential development;

◦ the development in a resort region;

◦ the promotion of energy conservation;

◦ the promotion of water conservation; or

◦ the promotion of the reduction of greenhouse gas emissions.

-If the land is designated as a development permit area, no construction or alteration of land may take place without a development permit

-Obtaining a development permit (or “DP”) will often be a condition of issuance of a building permit for the lands

-The legal notation itself does not provide details of the permit, so a licensee will need to contact the local government in order to obtain a copy of the full permit.

Development Variance Permits

-If an owner of land applies to a municipal council or regional district board to vary the provisions of a bylaw, the council or board may issue a development variance permit for that specific parcel of land

-cannot vary the land use or density provisions in any bylaw

-provide an exception to existing regulations, similar to an order of the Board of Variance.

-issued by the council or board of a local government and can vary provisions of many bylaws

Temporary Use Permits

-An owner of land may apply to a local government for a temporary commercial or industrial use permit.

-for specified uses and generally contain provisions regarding the term of the permit and requiring the restoration of the land on or before a specified date.

-A person to whom a temporary use permit has been issued may apply to have the permit renewed; however, it may only be renewed once.