5.1 - Local Government Law Flashcards
what level of government has jurisdiction over airports?
federal
what are the 3 levels of government?
federal, provincial, local
what level of government has jurisdiction over oceans?
federal
what level of government has jurisdiction over sea ports?
federal
what level of government has jurisdiction over railways?
federal
what level of government has jurisdiction over fisheries?
federal
what level of government has jurisdiction over ALC/ALR?
provincial
can more land be added into ALR?
no
can landowners apply to have land excluded from ALR?
yes
are local municipal bylaws and regulations applicable to ALC lands?
yes
what level of government has jurisdiction over health act (septic tanks)?
provincial
what level of government has jurisdiction over transportation act (highways)?
provincial
what level of government has jurisdiction over heritage conservation act?
provincial
if a heritage building is destroyed, what may the owner have to do?
rebuild a replica of OG building
what are the 3 different levels of local government?
regional districts
municipal governments
local improvement districts
how many regional districts?
30
what are the 3 main areas municipal governments are responsible for?
zoning regulations
subdivision of land
building regulations
what are local improvement districts’ main powers?
construction and utilities
what does the local government act govern?
regional districts
what does the community charter govern?
municipal governments (towns, municipalities, villages - other than Vancouver)
what are the 4 rationales of regulation?
public health/safety
protection of property values
convenience and apperance
conserve natural resources
is following the OCP an option or an obligation?
option
is the OCP a zoning bylaw?
no
what is the minimum time range of the OCP?
5 years
if a municipality wishes to rezone lands to a use inconsistent with its OCP what must it do?
amend the OCP
what are the 3 types of bylaws?
zoning
subdivision
building
what do zoning bylaws regulate?
current land use
3 parts of zoning bylaws?
map
restrictions
schedule of regulations (regulations and uses allowed)
what does the fsr measure?
amount of floor area you can build on a lot
fsr formula
floor area/lot size
if you are unsure if a basement suite is legit, what should you do?
add clause to the CPS and don’t add mortgage helper to your listing
who is always permitted in a ‘mortgage helper’?
related family members
zoning Rules prohibit short-term accommodation, if it’s less than __ days?
30
main 3 categories of issues with short term rentals?
strara
insurance
tax
who may amend a zoning bylaw (2 options)?
municipal council or regional district
how many readings by elected official needed for rezoning bylaw?
4
if improvements (i.e. sewage, water, roads) are required for a development, who has to pay for it?
developer
if zoning is changed for a business, how can they stay in business? what are Vancouver requirements?
even if ownership changed, as long as it operates for more than 6 months of the year, it can continue in BC
only up to 3 months discontinued use for Vancouver.
if seasonal/agricultural, doesn’t apply
can’t rebuild more than 75% value if damaged
can’t make alterations/additions
what can and cannot the board of variance do?
can: grant minor variance (i.e. porch extension)
can’t: change or amend bylaws
what is a temporary permit?
allows for temporary commercial/industrial use permit. may only be renewed once.
what are development permits used for? do you need them to construct on land?
to manage development in areas with special needs or conditions
NO construction or alteration of land may take place without a development permit
what are development cost charges (DCCs)?
charges payable by the Developer of land
to a Local Government to raise funds for
the cost of construction, replacement, and
expansion.
i.e. skytrain fees for Langley developers
what type of bylaws may regulate the size, shape, and dimensions of parcels of land and the location, width, alignment, and grade of highways?
subdivision bylaws
what is the fundamental purpose of a building bylaw?
protect public health and safety
what is the BC building code for?
to ensure that registered professionals employed by the property owner comply with the Code
can licensing bylaws establish high fees for certain licenses to make them less appealing?
yes
can licensing bylaws directly prohibit types of businesses?
no, but zoning bylaws do
