Chapter 5.1: Local Government Law Flashcards
What are the 3 levels of government
Federal
Provincial
Local Government
The federal government has jurisdiction only 7 things, what are they?
1) it’s own land
2) airports
3) heights of buildings near airports
4) oceans, certain rivers
5) sea ports
6) railways
7) fisheries
The federal government has no interest in ____________ between individuals
Disputes
The _________ government does not have any power to directly control the use of property within the provinces
Federal
The _________________________ has jurisdiction over matters affecting private property
Provincial government
The provincial government has the ability to delegate some provincial powers to ___________________
Local government
7 Provincial Sectors
1) Agricultural Land Commission Reserve (ALC / ALR)
2) health act
3) transportation act
4) Heritage conservation act
5) environmental act
6) local services act
7) the islands trust act
The agricultural land commission / reserve can exclude, subdivide, pass, regulate, allow non farm use, but cannot what?
Add more land to their reserve!
The only thing we need to know about the health act is what?
Sustainability for septic tanks!!
The only thing we need to know about the Transportation act is what?
Highways
The only thing we need to know about the environmental act is
Contamination
The only thing we need to know about the islands trust act is what!
Preservation and protection of Gulf Islands
What is the objective of the Agriculture Land Commission / Reserve
To preserve areas of land to be available for agriculture, and to protect these lands from development
Aka: to keep farm land available if we need it one day
Reminder, the Agriculture Land Commission / Reserve cannot ____________
Cannot add more land
Agriculture Land Commission / Reserve records take precedence over _________________________
Certificates of title
Local _________ bylaws and regulation are applicable to Agriculture Land Commission / Reserve land
Municipal
Landowners can apply to have their land excluded from the provisions of the ____________________
ALC ACT
Agriculture Land Commission / Reserve
The ______________________ sets out severe penalties for illegal alteration or destruction of protected heritage property
Local government act
Heritage designation ______________ and binds future owners
Runs with the land
If the heritage building is destroyed, the owner may be required to
_____________________ of the heritage building
Rebuild a replica
Where can you find heritage information?
You can find heritage information on PDS (property disclosure statement)
Local government simple terms
Subdivision and bylaw people
Local government has 3 levels, what are they!
1) regional districts (30)
2) municipal government
3) local improvement districts
Municipal government - level 2 of local government consist of what types of populations?
Villages, towns, cities, municipal districts
Municipal government - level 2 of local government deals with what 3 things?
1) zoning regulations
2) subdivision of land
3) building regulations
Local Improvement Districts - third level of local government - have what main powers ?
Mail powers = construction, operation or maintenance of utilities
If a question asks the 3 types of local government, what is one that doesn’t exist
Local enterprise zone!
Always false
Are local governments limited to rural areas?
No sir, they are not
The _________, __________, and __________ of local governments are set out in 3 legislations
Creation, structure, and powers
What are the 3 local government legislations
1) Local government act
2) Community charter
3) Vancouver charter
The Local Government Act does what!
Enables legislation for regional districts
The Community Charter does what!
Enables provisions for municipal government - for cities, towns, municipalities, villages
The Vancouver Charter does what?
Regulates the city of Vancouver
Rationale of Regulation applies to 4 categories, what are they?
1) Public health and safety
2) Protection of property values
3) Convenience and appearance
4) Conserve Natural Resources
1) Public health and safety
- by preventing the spread of fire
- by preventing health hazards created -by improper sewers installations
- by control of building in areas subject to flooding
2) Protection of Property Values
- Expressly intended to ensure that adjacent land uses are compatible
- By preventing property uses that will have an adverse effect on surrounding property (example: industrial use in residential area)
- by regulating development density
3) Convenience and Appearance
- prohibit development where there would be excessive cost to the municipality in installing sewer lines
- requirement of landscaped area around certain land uses to improve appearance (example parking lots)
- encourage commercial development to be built as compact centres
4) Conserve Natural Resources
- require the preservation of stream banks and ravines
- prevent urban development in other ecologically sensitive areas
- encourage commercial development to be built as compact centres by regulating development density
What does OCP stand for?
Official Community Plan
What is the purpose of an Official Community Plan?
To encourage local government to prepare long-range plans dealing with future development of local governments
2 components to a Official Community Plan
- proposed land use
- the longer vision for the community
The jurisdiction may adopt the ____________ but they are not obligated to accept
Official community plan
An official community plan is not a ________________
Zoning bylaw
Simply, it is just a plan
If a municipality wishes to __________ lands to a use inconsistent with its OCP, it must first _______ the OCP to make a consistent
Rezone
amend
There are ________ things you can find on an official community plan (OCP)
5
One thing you will find on an Official Community Plan is Location, amount, type, and density of __________________ required to meet anticipated housing needs over a period of at least ___________
residential development
5 years
One thing you will find on an Official Community Plan is location, amount, and type of present and proposed
____________, industrial, institutional, ______________, recreational, and public utility land uses
Commercial
Agricultural
One thing you will find on an Official Community Plan is ________________________ that is subject to hazardous conditions
Restrictions on the use of land
One thing you will find on an Official Community Plan is location and phasing of major _____________, trunk sewers, and _______ lines
Highways
Water lines
One thing you will find on an Official Community Plan is location and type of present and proposed ______________
Public facilities
What are the 3 types of bylaws?
1) zoning bylaws
2) subdivision bylaws
3) building bylaws
Bylaws and OCP are _______________
Completely different
Subdivision bylaws focus on what?
Regulate size, shape, dimensions, width, alignment, grade of highways
______________ regulate only current land use and divide the local government into land using zoning districts-zones
Zoning bylaws
Zoning bylaws consist of 3 parts, what are they?
1) map
2) restrictions
3) schedule of regulations
Note: it doesn’t consist of an Official Community Plan
There are ______ zoning bylaw restrictions
9
What are the 9 zoning bylaw restrictions
1) height
2) density - floor space ratio
3) set backs
4) site area
5) Home occupations
6) signs
7) number of buildings per lot
8) parking
9) secondary suites and short term rentals (stays less than 30 days)
Zoning Bylaws Regulation
How far back from road or neighbors property line
Zoning bylaws: signs
How many, what size, facing which way?
No realtor signs
FSR stands for what!
Floor space ratio
Floor Space Ratio
Is a measure of density commonly used to regulate building on lands
What are the 4 components of Floor Space Ratio
1) by the number of dwelling units per hectare
2) by prescribing the minimum lot area per dwelling
3) floor area of building in relation to the size of the lot
4) floor area ratio
*Number of storeys doesn’t matter
Formula for Floor Space Ratio
Buildable floor area = FSR x Lot Size
FSR = floor area / lot size
Example of FSR
FSR of 0.5 X 1,000 sq m lot size = 500 sq meters
Means the floor area of 500 m² could be built on the property, regardless of the number of stories of the building
Secondary suites are considered what?
Mortgage helpers and illegal suites
What is a mortgage helper
A) in-law sites (related family member) - permitted
B) unregulated parties - might not be permitted
Illegal suites
Unauthorized or non conforming
Constructed without proper building permits and inspection
Concern: health and safety
Licensees should take the time to independently verify the legality of the ______________
Secondary suite
How to protect yourself as a realtor for secondary suites
- do not add “mortgage helper” to your listing
- add the clause to the Contract of Purchase and Sale, that the buyer is aware that the property contains an unauthorized suite
- licensees must disclose illegal suites to all others
Short term tourist accommodations are what?
Like AIRBNB rentals
Zoning rules prohibit short term accommodations if it’s less than ________
30 days
Bylaws may limit short term rentals and can issue fines in ________
Stratas
_________________________ may not be covered by insurance for such activities
Short term tourist accommodations
Rezoning can be simply described as
4 readings + public hearing
Zoning bylaws may be amended by a ________________ or __________________ by passing a bylaw amending the existing bylaw
municipal council or regional district
Any rezoning bylaw must be given _______________ by the elected officials
4 readings
Any rezoning bylaw should have a _______________. To which a written notice of the public hearing will be mailed to neighbouring properties
Public hearing
A municipality or regional district is not liable for any claim for ___________ by a property owner as a result of passing, amending or repealing a zoning bylaw
compensation
Improvements required for roads, sewers, and water lines would be installed by the _________ at his her cost for rezoning bylaws
developer
Legal non confirming use is also known as
The grandfather exception
Legal non conforming use may continue through successive changes of ownership, but in BC, will be lost after ____________________
6 months of discontinued use
Exceptions to the “lost after 6 months of discontinued use” legal non conforming rule
A) only up to 90 days (3 months) in Vancouver
B) does not apply to seasonal or agricultural
Legal non conforming use cannot make _________________
Alterations / additions
Legal non conforming use damage beyond ____% of value cannot be rebuilt
75
A _______________ must be established in every local government that adopted a zoning bylaw
Board of variance
A board of variance can determine if a zoning bylaw would cause __________
Undue hardship
A board of variance can grant a _________
Minor variance (siting, size, and dimensions of buildings)
A board of variance cannot ________ or _______ bylaws
Amend or change bylaws
What are 3 types of permits
1) development permits
2) development variance permit
3) temporary permits
________________: used to manage development in area with special needs or conditions. No construction or alteration of land may take place without this
Development permit! DP
SUMMIT, lol
_________________: can vary the provisions of many bylaws. No obligation to change it though
Development variance permits
________________: temporary commercial or industrial use permits. May only be renewed once
Temporary permits
_________________: regulate size, shape, dimensions, with, alignment, grade of highways
Subdivision bylaws
___________ : May regulate the size, shape, and dimensions of parcels of land and the location, width, alignment, and grade of highways
Subdivision bylaws
Subdivision byelaws may prescribe the standard of improvements required for ________, _________, and water lines 
Roads and sewers
A ________________ may require that the subdivider provide roads within the subdivision, as well as streetlighting, underground wiring, water, sewer and drainage systems, and fire hydrants
subdivision bylaw
A subdivision bylaw may require to dedicate up to _____% of the land for park purposes and protect Riverbanks
5%
Subdivision byelaws require payment of _________________
Development cost charges (DCC)
Subdivision byelaws may use community amenity contribution 
Noted lol
_______________________: Charges payable by the developer of land to a local government to raise funds for the cost of construction, replacement, and expansion
Development costs charges (DCC):
The fundamental purpose of a _________________ is to protect public health and safety
building by law
If you intend to construct, altar, repair, move or demolish a building, or install wiring, plumbing, or heating, what must you obtain first
A building permit
______________ are appointed by the local government to see that the work conforms to the plans that were approved when the permit was issued
Building inspectors
The ________________allows notices to be noted on title, warning potential buyers or mortgagees of code or byelaw contravensions
community charter
__________________: municipalities require that all businesses in their municipality obtained business licenses and may also regulate how those businesses are operated. Cannot directly prohibit types of businesses but can establish very high fees for certain types of licenses 
Licensing bylaws
_____________will provide information as to whether the intended business is permitted under the zoning bylaw
Zoning bylaw
Which of the following is a type of municipal government… Towns, Communities, improvement district, regional districts
Towns
What should the following statements about improvement districts as false?
Improvement districts are limited to rural areas only
Which of the following best describes an official community plan?
A document that outlines the current use and long range plans for development of an area
Which of the following is true about official community plans?
If a municipality wishes to reszone some of the lands to a use inconsistent with the OCP, it first must amend the OCP
Which of the following topics would not be found on an official community plan
The location, amount, type, and density of residential development required to meet anticipated housing needs over the next year
They should say five years
Which of the following is not regulated by zoning bylaws?
Change an ownership or occupancy of a building, structure or land
Most zoning byelaws include density restrictions. Which of the following is not a method of measuring density?
Prescribing the maximum lot area per dwelling
They should say minimum lot area to be right
A board of variance is
A board established by municipalities to determine whether a zoning byelaw creates undue hardship on property owners
Local governments execute planning controls through the use of three principal types of registration. Which of the following is not one of these three regulations
Vacant site byelaws
