Town bylaw 863: Bylaw No. 863, 2012 Board of Variance

TOWN OF GIBSONS

TOWN OF PRINCETON

BYLAW NO.

863 , 2012 A bylaw to establish a Board of Variance for the Town of Princeton ________________________________________________________________________ A Bylaw to constitute a Board of Variance as per Section 899 of the Local Government Act where the Council has adopted a Zoning Bylaw.

NOW THEREFORE

, the Cou ncil for the Town of Princeton in open meeting assembled enacts as follows: 1.

CITATION

This Bylaw may be cited for all purposes as the Town of Princeton Board of Variance Bylaw No. 863 , 2012. 2.

REPEAL

The following bylaw is hereby repealed: The Village of Princeton Bylaw No. 177, 1969. 3.

ESTABLISHMENT OF BOARD OF VARIANCE

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a) A Board of Variance for the Town of Princeton is hereby established consisting of three (3) persons appointed by Council. b) A member of the Board of Variance shall not receive compensation for services as a member but shall be paid reasonable and necessary expenses that arise directly out of the performance of his or her duties. c) Council shall in its annual budget provide for the necessary funds to pay for the costs of the Board of Variance. 4.

APPOINTMENT OF BOARD OF VARIANCE MEMBERS

a) A person who is a member of the Council, or an officer or employee of the Town of Princeton is not eligible to be appointed to the Board of Variance. b) Council shall appoint members for a one (1) year term or longer, up to a maximum three (3) year term.  If no successor has been appointed at the end of the three (3) year period, a member shall remain appointed until the time that a successor is appointed. c) The members of the Board of Variance shall elect one (1) of their number as Chair; quorum shall be two (2) members. d) The Chair may appoint another member to act as Chair and to preside in his or her absence. e) Council may rescind an appointment to the Board of Variance at any time. 5.

SECRETARY

A Secretary shall be appointed to the Board of Variance by the Chief Administrative Officer for the Town of Princeton.  The responsibilities of the Secretary are: a) To receive Notices of Appeal; b) To notify the Chair and members of the Board of the receipt of Notices of Appeal; c) To ensure that proper notifications are given in compliance with this Bylaw; and, d) To maintain records and minutes of the proceedings of the Board. 6.

JURISDICTION OF THE BOARD

The Board shall hear and determine appeals with respect to matters under Sections 901 and 902 of the Local Government Act. 7.

APPLICATION PROCEDURES

BOARD a) Authorization An application to the Board of Variance shall be made to the Chief Administrative Officer in writing and shall be: made by the owner(s) of the subject property or by a person authorized by all property owners(s); made on the appropriate form designated by the CAO; and accompanied by the appropriate application fee outlined in Schedule “B”. b) Proposal Summary An outline of the type of development or land use proposed, including: A description of the variance requested and reasons or rationale (e.g. hardship) for that proposal c) State of Title Certificate A copy of the Land Title Office search print, issued not more than thirty (30) days prior to the application date for any parcel of land subject to the application; and a copy of all non-financial charges (i.e. covenants, easements and rights-of-way, etc.) registered on the subject property(s). d) Site Plan A site plan of the proposed development drawn to scale and showing dimensions, and include the following (as applicable): north arrow and scale; dimensions and boundaries of property lines, rights-of-way, covenant areas and other easements; location and dimensions of existing and proposed structures and setbacks (including projections and overhangs) to parcel lines, rights-of-way, and easements; location of existing and proposed access roads, driveways, vehicle parking spaces, pathways, screening and fencing; natural and finished grades of site, at buildings and retaining walls (indicate source of grade data); location of any physical or topographical constraints (e.g. watercourses, shorelines, ravines, wetlands, steep slopes, bedrock outcrops, etc); location of all existing and proposed water lines, wells, septic fields, and sanitary sewer and storm drain facilities, including sizes; and proposed covenant areas (if any). e) Development Plans (drawn to scale, in metric) detailed drawings of the proposed development, including building sections, elevations, finishes, floor plans, landscaping, access roads, driveways, vehicle parking spaces, pathways, and screening and fencing proposed for the site; a project summary sheet outlining density and number of dwelling units, site coverage, heights, setbacks, and other relevant data; and location and width of existing or proposed access( es ) to the property, driveways manoeuvring aisles and parking layout. f) Site Surveys I f a proposed development involves a variance to the siting or building envelope of an existing structure a current sketch plan, certified by a BC Land Surveyor, in metric, shall be required. g) The Secretary shall refer the application to the Board of Variance Chair to establish if the application for variance is within the Board’s jurisdiction. h) If the Chair accepts the application, a hearing date shall be set. i) Notice of the hearing shall be mailed or otherwise delivered by the Secretary or his or her delegate, addressed to the Chief Administrative Officer, the Board of Variance members, appl icants and/or owners & tenants of the land that is adjacent to the subject of the application, and the registered owners and occupiers of the land that is adjacent to the land that is the subject of the application, at least seven (7) clear days before the date of the hearing. j) A Notice of Meeting for each regular and special meeting of the Board shall be posted on the public notice board by the Secretary. 8.

HEARING AND DECISION PROCEDURES

a) All meetings shall be open to the public and the Board shall hear all representations made to the Board at a meeting. b) T he Applicant shall be afforded the first opportunity to present his/her evidence and arguments, and thereafter, evidence and arguments shall be presented in such sequence as the Chair may direct, until all parties to the application have been afforded an opportunity to speak to the application. c) The Board may adjourn a Hearing from time to time and may examine the property affected by the Appeal and surrounding properties. d) The Board and its members shall not receive representations or evidence except at a properly constituted Hearing. e) No member of the Board shall discuss the merits of the Appeal other than with a member of the Board, Town of Princeton staff, or a legal advisor to the Board, before the Board has reached a decision. f) If the Applicant fails to appear at the Hearing or any adjournment thereof, the Board may proceed to decide the Appeal in the Applicant’s absence. g) The deliberations of the Board following the conclusion of representations shall not be open to the public. h) The decision in writing of a majority of the members of the Board of Variance is the final decision of the Board and shall be made within seven (7) days of the hearing. i) The Secretary shall, within fourteen (14) days of a decision, send by mail or otherwise deliver the written decision of the Board to the Applicant, the registered owner of the subject property, all persons who made representation at the Hearing, all adjacent property owners and occupiers who received the Notice of Hearing, and the Chief Administrative Officer. READ A FIRST TIME this 7 th day of August, 2012 READ A SECOND TIME this 7 th day of August, 2012 READ A THIRD TIME this  7 th day of August, 2012

ADOPTED

this 8 th day of August, 2012 ________________________

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    _______________________________________ MAYOR

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CHIEF

ADMINISTRATIVE

OFFICER

I certify this to be a true copy of Bylaw No. 8 63 , 201 2 adopted by Council on the 8 th , day of August , 201 2 . ____________________________ Chief Administrative Officer SCHEDULE “B” Board of Variance Application Fee

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$250.00