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UBC Real Estate Licensing Exam > Chapter 5.1: Local Government Law > Flashcards

Chapter 5.1: Local Government Law Flashcards

1
Q

What are the 3 levels of government

A

Federal
Provincial
Local Government

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2
Q

The federal government has jurisdiction only 7 things, what are they?

A

1) it’s own land
2) airports
3) heights of buildings near airports
4) oceans, certain rivers
5) sea ports
6) railways
7) fisheries

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3
Q

The federal government has no interest in ____________ between individuals

A

Disputes

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4
Q

The _________ government does not have any power to directly control the use of property within the provinces

A

Federal

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5
Q

The _________________________ has jurisdiction over matters affecting private property

A

Provincial government

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6
Q

The provincial government has the ability to delegate some provincial powers to ___________________

A

Local government

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7
Q

7 Provincial Sectors

A

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

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8
Q

The agricultural land commission / reserve can exclude, subdivide, pass, regulate, allow non farm use, but cannot what?

A

Add more land to their reserve!

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9
Q

The only thing we need to know about the health act is what?

A

Sustainability for septic tanks!!

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10
Q

The only thing we need to know about the Transportation act is what?

A

Highways

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11
Q

The only thing we need to know about the environmental act is

A

Contamination

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12
Q

The only thing we need to know about the islands trust act is what!

A

Preservation and protection of Gulf Islands

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13
Q

What is the objective of the Agriculture Land Commission / Reserve

A

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

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14
Q

Reminder, the Agriculture Land Commission / Reserve cannot ____________

A

Cannot add more land

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15
Q

Agriculture Land Commission / Reserve records take precedence over _________________________

A

Certificates of title

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16
Q

Local _________ bylaws and regulation are applicable to Agriculture Land Commission / Reserve land

A

Municipal

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17
Q

Landowners can apply to have their land excluded from the provisions of the ____________________

A

ALC ACT

Agriculture Land Commission / Reserve

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18
Q

The ______________________ sets out severe penalties for illegal alteration or destruction of protected heritage property

A

Local government act

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19
Q

Heritage designation ______________ and binds future owners

A

Runs with the land

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20
Q

If the heritage building is destroyed, the owner may be required to
_____________________ of the heritage building

A

Rebuild a replica

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21
Q

Where can you find heritage information?

A

You can find heritage information on PDS (property disclosure statement)

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22
Q

Local government simple terms

A

Subdivision and bylaw people

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23
Q

Local government has 3 levels, what are they!

A

1) regional districts (30)
2) municipal government
3) local improvement districts

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24
Q

Municipal government - level 2 of local government consist of what types of populations?

A

Villages, towns, cities, municipal districts

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25
Q

Municipal government - level 2 of local government deals with what 3 things?

A

1) zoning regulations
2) subdivision of land
3) building regulations

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26
Q

Local Improvement Districts - third level of local government - have what main powers ?

A

Mail powers = construction, operation or maintenance of utilities

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27
Q

If a question asks the 3 types of local government, what is one that doesn’t exist

A

Local enterprise zone!

Always false

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28
Q

Are local governments limited to rural areas?

A

No sir, they are not

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29
Q

The _________, __________, and __________ of local governments are set out in 3 legislations

A

Creation, structure, and powers

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30
Q

What are the 3 local government legislations

A

1) Local government act
2) Community charter
3) Vancouver charter

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31
Q

The Local Government Act does what!

A

Enables legislation for regional districts

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32
Q

The Community Charter does what!

A

Enables provisions for municipal government - for cities, towns, municipalities, villages

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33
Q

The Vancouver Charter does what?

A

Regulates the city of Vancouver

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34
Q

Rationale of Regulation applies to 4 categories, what are they?

A

1) Public health and safety
2) Protection of property values
3) Convenience and appearance
4) Conserve Natural Resources

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35
Q

1) Public health and safety

A
  • by preventing the spread of fire
  • by preventing health hazards created -by improper sewers installations
  • by control of building in areas subject to flooding
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36
Q

2) Protection of Property Values

A
  • 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
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37
Q

3) Convenience and Appearance

A
  • 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
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38
Q

4) Conserve Natural Resources

A
  • 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
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39
Q

What does OCP stand for?

A

Official Community Plan

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40
Q

What is the purpose of an Official Community Plan?

A

To encourage local government to prepare long-range plans dealing with future development of local governments

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41
Q

2 components to a Official Community Plan

A
  • proposed land use

- the longer vision for the community

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42
Q

The jurisdiction may adopt the ____________ but they are not obligated to accept

A

Official community plan

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43
Q

An official community plan is not a ________________

A

Zoning bylaw

Simply, it is just a plan

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44
Q

If a municipality wishes to __________ lands to a use inconsistent with its OCP, it must first _______ the OCP to make a consistent

A

Rezone

amend

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45
Q

There are ________ things you can find on an official community plan (OCP)

A

5

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46
Q

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 ___________

A

residential development

5 years

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47
Q

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

A

Commercial

Agricultural

48
Q

One thing you will find on an Official Community Plan is ________________________ that is subject to hazardous conditions

A

Restrictions on the use of land

49
Q

One thing you will find on an Official Community Plan is location and phasing of major _____________, trunk sewers, and _______ lines

A

Highways

Water lines

50
Q

One thing you will find on an Official Community Plan is location and type of present and proposed ______________

A

Public facilities

51
Q

What are the 3 types of bylaws?

A

1) zoning bylaws
2) subdivision bylaws
3) building bylaws

52
Q

Bylaws and OCP are _______________

A

Completely different

53
Q

Subdivision bylaws focus on what?

A

Regulate size, shape, dimensions, width, alignment, grade of highways

54
Q

______________ regulate only current land use and divide the local government into land using zoning districts-zones

A

Zoning bylaws

55
Q

Zoning bylaws consist of 3 parts, what are they?

A

1) map
2) restrictions
3) schedule of regulations

Note: it doesn’t consist of an Official Community Plan

56
Q

There are ______ zoning bylaw restrictions

A

9

57
Q

What are the 9 zoning bylaw restrictions

A

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)

58
Q

Zoning Bylaws Regulation

A

How far back from road or neighbors property line

59
Q

Zoning bylaws: signs

A

How many, what size, facing which way?

No realtor signs

60
Q

FSR stands for what!

A

Floor space ratio

61
Q

Floor Space Ratio

A

Is a measure of density commonly used to regulate building on lands

62
Q

What are the 4 components of Floor Space Ratio

A

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

63
Q

Formula for Floor Space Ratio

A

Buildable floor area = FSR x Lot Size

FSR = floor area / lot size

64
Q

Example of FSR

FSR of 0.5 X 1,000 sq m lot size = 500 sq meters

A

Means the floor area of 500 m² could be built on the property, regardless of the number of stories of the building

65
Q

Secondary suites are considered what?

A

Mortgage helpers and illegal suites

66
Q

What is a mortgage helper

A

A) in-law sites (related family member) - permitted

B) unregulated parties - might not be permitted

67
Q

Illegal suites

A

Unauthorized or non conforming

Constructed without proper building permits and inspection

Concern: health and safety

68
Q

Licensees should take the time to independently verify the legality of the ______________

A

Secondary suite

69
Q

How to protect yourself as a realtor for secondary suites

A
  • 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
70
Q

Short term tourist accommodations are what?

A

Like AIRBNB rentals

71
Q

Zoning rules prohibit short term accommodations if it’s less than ________

A

30 days

72
Q

Bylaws may limit short term rentals and can issue fines in ________

A

Stratas

73
Q

_________________________ may not be covered by insurance for such activities

A

Short term tourist accommodations

74
Q

Rezoning can be simply described as

A

4 readings + public hearing

75
Q

Zoning bylaws may be amended by a ________________ or __________________ by passing a bylaw amending the existing bylaw

A

municipal council or regional district

76
Q

Any rezoning bylaw must be given _______________ by the elected officials

A

4 readings

77
Q

Any rezoning bylaw should have a _______________. To which a written notice of the public hearing will be mailed to neighbouring properties

A

Public hearing

78
Q

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

A

compensation

79
Q

Improvements required for roads, sewers, and water lines would be installed by the _________ at his her cost for rezoning bylaws

A

developer

80
Q

Legal non confirming use is also known as

A

The grandfather exception

81
Q

Legal non conforming use may continue through successive changes of ownership, but in BC, will be lost after ____________________

A

6 months of discontinued use

82
Q

Exceptions to the “lost after 6 months of discontinued use” legal non conforming rule

A

A) only up to 90 days (3 months) in Vancouver

B) does not apply to seasonal or agricultural

83
Q

Legal non conforming use cannot make _________________

A

Alterations / additions

84
Q

Legal non conforming use damage beyond ____% of value cannot be rebuilt

A

75

85
Q

A _______________ must be established in every local government that adopted a zoning bylaw

A

Board of variance

86
Q

A board of variance can determine if a zoning bylaw would cause __________

A

Undue hardship

87
Q

A board of variance can grant a _________

A

Minor variance (siting, size, and dimensions of buildings)

88
Q

A board of variance cannot ________ or _______ bylaws

A

Amend or change bylaws

89
Q

What are 3 types of permits

A

1) development permits
2) development variance permit
3) temporary permits

90
Q

________________: used to manage development in area with special needs or conditions. No construction or alteration of land may take place without this

A

Development permit! DP

SUMMIT, lol

91
Q

_________________: can vary the provisions of many bylaws. No obligation to change it though

A

Development variance permits

92
Q

________________: temporary commercial or industrial use permits. May only be renewed once

A

Temporary permits

93
Q

_________________: regulate size, shape, dimensions, with, alignment, grade of highways

A

Subdivision bylaws

94
Q

___________ : May regulate the size, shape, and dimensions of parcels of land and the location, width, alignment, and grade of highways

A

Subdivision bylaws

95
Q

Subdivision byelaws may prescribe the standard of improvements required for ________, _________, and water lines 

A

Roads and sewers

96
Q

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

A

subdivision bylaw

97
Q

A subdivision bylaw may require to dedicate up to _____% of the land for park purposes and protect Riverbanks

A

5%

98
Q

Subdivision byelaws require payment of _________________

A

Development cost charges (DCC)

99
Q

Subdivision byelaws may use community amenity contribution 

A

Noted lol

100
Q

_______________________: Charges payable by the developer of land to a local government to raise funds for the cost of construction, replacement, and expansion

A

Development costs charges (DCC):

101
Q

The fundamental purpose of a _________________ is to protect public health and safety

A

building by law

102
Q

If you intend to construct, altar, repair, move or demolish a building, or install wiring, plumbing, or heating, what must you obtain first

A

A building permit

103
Q

______________ are appointed by the local government to see that the work conforms to the plans that were approved when the permit was issued

A

Building inspectors

104
Q

The ________________allows notices to be noted on title, warning potential buyers or mortgagees of code or byelaw contravensions

A

community charter

105
Q

__________________: 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 

A

Licensing bylaws

106
Q

_____________will provide information as to whether the intended business is permitted under the zoning bylaw

A

Zoning bylaw

107
Q

Which of the following is a type of municipal government… Towns, Communities, improvement district, regional districts

A

Towns

108
Q

What should the following statements about improvement districts as false?

A

Improvement districts are limited to rural areas only

109
Q

Which of the following best describes an official community plan?

A

A document that outlines the current use and long range plans for development of an area

110
Q

Which of the following is true about official community plans?

A

If a municipality wishes to reszone some of the lands to a use inconsistent with the OCP, it first must amend the OCP

111
Q

Which of the following topics would not be found on an official community plan

A

The location, amount, type, and density of residential development required to meet anticipated housing needs over the next year

They should say five years

112
Q

Which of the following is not regulated by zoning bylaws?

A

Change an ownership or occupancy of a building, structure or land

113
Q

Most zoning byelaws include density restrictions. Which of the following is not a method of measuring density?

A

Prescribing the maximum lot area per dwelling

They should say minimum lot area to be right

114
Q

A board of variance is

A

A board established by municipalities to determine whether a zoning byelaw creates undue hardship on property owners

115
Q

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

A

Vacant site byelaws

UBC Real Estate Licensing Exam (24 decks)

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