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Frequently Ask Questions | Zoning Bylaw Review

Posted on February 17, 2017

What is a Zoning Bylaw?

A Zoning Bylaw is a tool used by the Village to assign permitted land uses to all parcels of land within the Village’s boundaries. In general terms, the various land uses include: residential, industrial or commercial. The Zoning Bylaw is an important tool used to implement the Village’s policies and objectives as it relates to the preferred direction and development of the Village. The Zoning Bylaw is created under the authority of the Local Government Act, specifically Section 479 of this Act. As the province allows for the creation of a Zoning Bylaw, it is a legal document that outlines various land use regulations.

What does a zoning bylaw do?

The Zoning Bylaw divides the Village into different permitted land use zones. For each zone the bylaw will then describe the following:

  • The permitted and accessory uses
  • The minimum lot sizes
  • Minimum setbacks from the property line
  • The maximum site coverage
  • The maximum building height
  • The floor to area ratio

It also contains other general development considerations such as but not limited to:

  • Home occupation regulations
  • Bed and breakfast regulations
  • Accessory use requirements
  • Temporary building regulations
  • Off street parking requirements
  • Off street loading requirements

Every parcel of land in Pemberton is assigned a zone and you can find your zone on the map found at this link: http://www.pemberton.ca/public/download/documents/37953.

Why create a new bylaw?

As this bylaw is an important land development implementation tool, it is recommended that it be reviewed and updated periodically. The current bylaw was created in 2001 and is today 16 years old. The land use issues that required the creation of this bylaw in the first place may not be as relevant for you or the Village today, and new issues that were never contemplated need to addressed. Also, it is good practice to update a Zoning Bylaw after the adoption of a new Official Community Plan (OCP) to ensure the two documents correlate to each other. The Village adopted its OCP in 2011. The review will also look at ways to streamline the current process, create regulations for properties that were formerly within the SLRD but have since been incorporated within the Village boundaries, incorporate green standards into development, reflect current land use standards and create a more user friendly document.

Can I have my say on the bylaw before it goes to Council?

Public input is critical for the creation of this type of Bylaw. The community will get an opportunity to review and provide input on the development of the new Zoning Bylaw. There will be community meetings held and you will be able to provide your thoughts on this issue to Lisa Pedrini, Village Planner (lpedrini@pemberton.ca). Community input sessions will be announced shortly.

Will this affect my property assessment?

There are many factors that go into a property assessment such as but not limited to: age of the building, current condition of the building and location of the site. However, the assessment may change but only if the land use changes. Please see the comments below taken from the BC Assessment website.

“BC Assessment determines the current assessment roll property assessments reflecting their physical condition and permitted use as of October 31, using a valuation date of July 1, in the year immediately prior to the annual assessment roll. In determining assessed value, an appraiser considers a wide variety of factors such as size, age, shape, quality, condition and location of properties. Services in the area (location, views, neighbourhood) and supply and demand may also influence property value. Changes such as new construction or inventory, permitted use (e.g. zoning), property class, occupation, eligibility for an exemption or in the taxing jurisdiction boundary will be reflected on the assessment roll.” -BC Assessment website (Feb 2017)

How does the review affect me?

If you own, lease or rent property within the Village, the Zoning Bylaw Review could affect you. Every property in the Village is regulated through the Zoning Bylaw. The Zoning Bylaw Review will evaluate the various current land use regulations and any recommended changes which may affect current permitted uses and regulations. If this happens, your property use may be impacted. Is the Village accepting rezoning or subdivision applications during this review? Yes, rezoning applications can still be applied for during the review process. Subdivision applications are also still permitted through the review process.

Questions?

Contact Lisa Pedrini, Planner, at 604.894.6135 x 234 or lpedrini@pemberton.ca.

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