A developer in BC wants to create a mixed-use development that doesn't conform to the current zoning. The Official Community Plan supports this type of development. What is the most appropriate course of action?
Correct Answer
B) Apply for a zoning amendment to align zoning with the proposed use
When a proposed use is not permitted by the zoning bylaw, the zoning must be amended (rezoned), even if the Official Community Plan supports the use. Under Local Government Act s. 478(1) an OCP does not authorize any project, and neither a development variance permit nor a board of variance order can vary the permitted use or density (ss. 498(2), 542(1)).
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