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.
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