Chapter 18 - Local government law Flashcards
Describe the powers of the federal, provincial and municpal governments with respect to regulating the use of property.
Federal - INDIRECT, has some control around airports (Dept. of Transport) and rivers/lakes (Dept. of Fisheries)
Provincial - DIRECT (statute law)
- delegated most authority to municipal/local government
- has authority over certain types of land via provincial statues
Municipal - improvement districts, regional districts, municipal councils
Agricultural Land Act
5 million hecatares of agricultural land reserves (ALRs)
- to preserve agricultural land
applies only to properties 2+ acres, notation at Land Title Office
Public Health Act
jurisdiction control over the installation of septic tanks and disposal
Local Services Act
planning for rural areas (supplemental to regional district)
Island Trusts Act
preservation and protection of the unique amenities and environment of the Gulf Islands
Transportation Act
requires the approval of province prior to any subdivision/rezoning of lands within an 800m radius of an intersection of a controlled highway
Environmental Management Act
contaminated sites are registered with Ministry of Environment (former gas station properties, industrial lands, etc.)
Heritage Conservation Act
protects archaeological and heritage sites
heritage designation runs with the land
Identify the key enabling legislation for local governments in BC
Local Government Act: main enabling legislation for regional districts
- derived from Municpal Act (2000), and now allows more auton
Community charter: contains the core enabling legislation for municipalities
Vancouver Charter: regulates the City of Vancouver and is the only municipality that does not derive power from the Community Charter
Name the three levels of local government created by the Local Government Act, and describe the powers and governance of each
Regional districts
- Province split up into regional districts, and each district is divided into electoral areas
- General long term planning powers
- Board of directors composed of appointments from municipalities within and director elected from each electoral area
Municipal governments
- Village, town, city, municipal district; will depend on population
- All have identical powers with respect to the adoption and enforcement of planning regulations
- Managed by elected mayor and council consisting of 4-8 councillors
Local improvement disctricts
- Generally restricted to the construction, operation, maintenance of utilities in rural areas
Identify the four key objectives of planning controls at the local government level
Public health and safety
Protection of property values
Efficiency, convenience and appearance
Conservation of natural resources
Describe the planning process in BC
Interaction between 3 groups:
Public: consulted throughout, sometimes a advisory planning commission set up
Elected representatives: planning process goes on until they are satisfied with what is proposed is in the public’s best interest
Professional planners: act as advisors, analyze, alternate solutions, proposals, etc
Explain the nature and purpose of an official community plan (OCP)
High-level, long-term plan intended to guide the direction of development and the growth of a local government
Adoption of an OCP does not commit/authorize a municipality/regional district to move forward with any projects. OCP is also not a bylaw - but future bylaws, work must be consistent with plan.
Explain the nature and purpose of rural land use bylaws
Similar to an OCP but for rural areas. It is also simpler and less costly than the more common planning regulations.
Discuss the nature and effect of zoning bylaws and how zoning bylaws are created, administered, enforced and varied
Zoning restricts: use of property, location of building, form/shape of building
Zoning bylaw: map showing zone locations, definitions, schedule of regulations
Explain concept of rezoning
Initiated by council OR application from public
1) staff member advises applicant
2) council vote (on four separate occasions) - first/second reading
3) public hearing after favourable first/second reading
4) third reading / fourth reading (applicant satisfies the conditions)
5) adoption
Land use contracts
Bylaw took the form of a contract made between the property owner and local government showing detailed plans on what the property could be used for.
As of 1978, land use contracts no longer created (but prior agreements still in force). In 2014, Local Government Act was amended to provide for termination of ALL land use contracts by 2024.
Non-conforming use
When new zoning bylaw passes or is amended and the existing property no longer complies with new zoning regulations, becomes legal non-conforming use (aka “grandfathered”)
Board of Variance
Provides site-by-site exceptions to the regulations prescribed by the zoning bylaw. Determines if compliance with certain bylaws causes “undue hardship”
Discuss three key permits relating to the use and development of property
Development permits: Used to manage development areas with special needs/conditions and is laid out in the OCP
Development variance permits: Provides an exception to existing regulations
Temporary use permits: Temporary commercial/industrial use permits
Explain the process of subdivision and the role of the approving officer
- Approving officer decides and consents to the subdivision of land.
- Will often approve of a subdivision if it complies with the municipal subdivision control bylaw. Will reject if the subdivision is against public interest.
- Development Cost Charges (DCCs): charges payable by developer to local government in order to raise funds for the construction/replacement/expansion of key municipal infrastructure needed for the new development. (Residential developments of 4 units or less are not subject to these charges)
- Community Amenity Contributions (CACs): a negotiated agreement between the developer and local government. CACs generally used to fund improvements to amenities.
Discuss how building bylaws and licensing bylaws have an impact on land use
BC Building Code requires local governments to ensure that registered professionals are employed by the property owner to to certify that plans prepared for buildings comply with code.
Municipalities require that all businesses obtain business licenses and may also regulate how those businesses are operated.
