Amend Development Procedures Bylaw & New Public Notification Bylaw - Bill 26 Amendments
A presentation outlining proposed changes to public hearing requirements and notification procedures following provincial Bill 26 amendments.
Amend Development Procedures Bylaw & New Public Notification Bylaw
Bill 26 Amendments Proposed Public Hearing: Reviewing the Changes
Public Hearing Required
- OCP Bylaw amendment
- Zoning Bylaw amendment
- LUC Termination
Waiving a Public Hearing Public Hearings are not required by default for a Rezoning/Amendment if:
- OCP is in effect
- ZBL is consistent with OCP
Advance Notice Local Government is responsible for notifying the public that a public hearing will not be held for the file. Readings proceed as normal.
ALTERNATIVE: Elect to Host Public Hearing Local governments may elect to host a public hearing on a proposed ZBL if:
- OCP is in effect
- Bylaw is consistent with OCP
Public Hearing Notice Local Government prepares Public Hearing Notice as normal, and readings proceed.
Public Notification Review
Bill 26 Amendments
- Local governments now have the option to adopt their own public notice bylaw
- Local governments may select two (or more) publication methods that are most appropriate for their community to provide notice
- Public posting place, direct mailout, social media and website
RECOMMENDATION
June 13, 2023
THAT the Committee recommend to Council that:
a. The notification distance be reduced from 400 m to 100 m for OCP amendments, all types of rezoning applications, temporary use permit applications and amendments to Land Use Contracts; b. The notification distance for development variance permit, development permit with variance, and Board of Variance applications be reduced from 100 m to properties immediately adjacent to the subject property; c. Development Procedures Bylaw No. 730, 2009 be updated to ensure that the public hearing procedures are consistent with the Local Government Act d. A new public notification bylaw be drafted that includes the following notification requirements: a. Direct notice mailout b. Posting the notice in the public notice posting place; and c. Uploading information to the Town’s website and social media; and e. The delegation of minor variances be further explored and a follow-up report provided to Council
ALTERNATE RECOMMENDATION
June 13, 2023
THAT the Committee recommend to Council that:
a. Reduce the notification distance for OCP amendments, all types of rezoning applications, temporary use permit applications and amendments to Land Use Contracts from 400 m to 100 m b. Reduce the notification for development variance permit, development permit with variance, and Board of Variance applications from 100 m to properties immediately adjacent to the subject property c. Update the Development Procedures Bylaw to ensure that the public hearing procedures are consistent with the Local Government Act; d. Draft a new public notification bylaw that includes the following notification requirements: i. Direct notice mailouts; ii. Two newspaper ads (one each week for two consecutive weeks); iii. Posting the notice in the public notice posting place; and iv. Uploading information to the Town’s website and social media. e. The delegation of minor variances be further explored and a follow-up report provided to Council.
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