A BC municipality has an official community plan in effect. Council proposes a zoning bylaw, consistent with the OCP, whose sole purpose is to allow a development that is entirely residential. What does the Local Government Act say about a public hearing?
Correct Answer
A) Council must not hold a public hearing on the bylaw
Local Government Act s. 464(3) says a local government must not hold a public hearing on a zoning bylaw if an OCP is in effect, the bylaw is consistent with it, its sole purpose is a residential development, and the residential part is at least half of the gross floor area. An entirely residential rezoning meets every condition.
Why This Is the Correct Answer
All four conditions in s. 464(3) are met: an OCP is in effect, the bylaw is consistent with it, its sole purpose is residential development, and residential space is well over half the floor area. In that case a hearing is prohibited.
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