General Planning Information

A brief description of development regulations in Oliver

• Overview
• Official Community Plan
• Zoning Bylaw
• Development Permits
• Subdivisions
• Building Permits
• Variance Permits

For a history of development (building permit) statistics in Oliver, see our New Construction page of this web site. 

Overview

The regulation of development is a fine balance between protecting the interests of existing businesses and residents and allowing a controlled, orderly pace of new growth. While new growth can bring new revenues and economic opportunities, it also brings added costs for public infrastructure and facilities as well as new and expanded municipal services.

The public rightfully asks many questions about new growth, such as:

• What will it look like?
• Who will use it?
• What will the traffic impacts be?
• How much tax will it pay?
• How much will it cost to service?
• Who will pay for these costs?
• Will it be a benefit or a burden to me and my community?

Like most economic indicators, development growth occurs in cycles. During periods of high growth, like the early 1990s, when Oliver's growth rate was around 5% per year, many people begin to worry. People do not adjust well to rapid change. If these growth rates were sustained, a community's population would double in about 12 years; obviously a cause for concern and a cause for strict development requirements.

In slower growth periods, such as those of recent years, some people feel impatient. They believe the community is in a "slump" and that "something needs to be done." The strict development rules that for some, were not strict enough a few years earlier, are now pointed to as a potential hindrance to economic development.

As economic indicators change, so do political directions. In British Columbia, municipalities are prohibited from offering incentives to development such as grants or tax holidays. As a result, a community's major influence on development (besides the underlying economy) lies in its land use regulations. The following tools are used to allow or prohibit certain developments in different areas, to set the minimal standards for development and to allocate the costs of servicing development.

Official Community Plan 

back to top of page

The overriding document that governs land use in the Town of Oliver, as in most BC municipalities, is the Official Community Plan. The OCP sets out the principle policies for growth in Oliver, including a generalized land use plan and guidelines for various development permit areas. Because the OCP designates land area for different future uses, it is sometimes confused with a Zoning Bylaw. However, the OCP is quite general in nature, and is intended more to outline future, rather than present land use patterns.

The OCP was adopted by bylaw in 1993, following a series of public information sessions and a formal public hearing. It can only be amended or replaced by bylaw, again following a public hearing. Although the OCP allows considerable room for interpretation, the Municipal council cannot enact any other bylaw or policy, which is not in compliance with the OCP (unless of course the OCP is also first amended).

In addition to setting future land use patterns, the OCP also designates certain sensitive areas within the municipality, which can only be built on or subdivided after first obtaining a development permit from council. Development permits are discussed in further detail later in this document.

The neighbourhood west of Tucelnuit Lake is subject of an approved neighbourhood development plan, which was incorporated into the OCP in 1999. Oliver council is planning a major update to the OCP commencing in 2001, subject to receiving approval from the Province of BC for a planning grant to help defray expenses.

Click here for more detailed OCP and Zoning information.

Zoning Bylaw

back to top of page

The Zoning Bylaw provides most of the tools to implement the OCP policies. The Zoning Bylaw designates different land use zones in the municipality and very specifically sets out the types of uses permitted in each. It also sets out specific development parameters such as density, building setbacks from property lines, maximum building heights, lot site coverage, parking, etc.

Construction of a particular development proposal cannot proceed contrary to the Zoning Bylaw. However, council can amend the Zoning Bylaw to facilitate a favourable development proposal. As with the OCP, however, changes to the Zoning Bylaw can only proceed following a public hearing. The Local Government Act of British Columbia sets out specific requirements for advertising and notices related to Zoning Bylaw amendments. These are further clarified by the Town’s own Land Use Procedures Bylaw.

Click here for more detailed OCP and Zoning information.

Development Permits

back to top of page

As mentioned above, the OCP designates the areas which are subject to development permit. In Oliver there are four such areas designated:

• Major Street Frontage Areas
• Multi-Family Residential Areas
• Environmentally Sensitive Areas
• Downtown Façade Improvement Area

A Development Permit is a permit that allows Council to approve the general aspects of certain proposed developments. Typically, Development Permits address issues of aesthetic or environmental importance. They also deal with issues such as parking, access, landscaping, compliance with the Zoning Bylaw and offsite services. Where required, development permits must be in place before land can be subdivided or built on.

Click here for more detailed Development Permit information.

Subdivisions

back to top of page

A subdivision is the creation of new land or building parcels from one or more "parent" parcels. Subdivision plans for land within a municipality must be approved by the local subdivision approving officer, before they are acceptable for deposit at the Land Title Office. The subdivision approving officer is usually a staff person appointed by the municipal council to carry out this role. Although appointed by council, the subdivision approving officer must work in a provincial role, independent of direct council direction.

There are three main types of subdivisions:

• Simple subdivision of land into smaller, unattached land parcels
• Subdivision of land into smaller strata land parcels, usually with shared common property (can be in one step or in several phases)
• Subdivision of buildings into individual strata units (can be in one step or in several phases)

When considering properties for subdivision, the subdivision approving officer must consider regulations in the Land Title Act, the Strata Subdivision Act, the Local Government Act, other provincial enactments, as well as local bylaws including the OCP, Zoning Bylaw and Subdivision Servicing Bylaw and the Development Cost Charge (DCC) Bylaw.

Oliver’s Subdivision and Development Servicing Bylaw sets the standards for installing services to subdivisions as well as new construction on existing development sites. These services may include water and sewer service extensions, road paving and drainage, curbs, gutters, sidewalks and outside utilities such as power, gas and telecommunications utility extensions. The cost of installing these works is normally charged to the developer or subdivider.

In addition to paying for local services, new development must pay a portion of the cost to eventually upgrade existing services to meet the demands of new growth. For example, as new growth occurs, the capacity of existing water supply and sewer treatment facilities gets used up. Eventually, treatment plants need to be expanded and new water sources need to be found. The DCC bylaw establishes specific projects needed to accommodate new growth, and establishes a special reserve fund to pay for a portion of these projects. Then as new growth occurs, it is assessed a specific amount calculated to be its share of these future facilities based on the added load the development places on the services.

Currently the Town of Oliver collects residential DCCs for roads, water, sewer treatment and parks. Commercial and industrial DCCs do not pay toward new parks.

For single family and bareland strata residential developments, DCCs are collected at the time of subdivision. DCCs for commercial and industrial developments are collected at the time of building permit. Multi-family residential developments pay a portion of their DCCs at subdivision and the rest at building permit.

Click here for more detailed Subdivision information.

Building Permits

back to top of page

The Province of BC maintains a Building Code, which has the same effect as a bylaw within any municipality. The Building Code is supplemented by the Plumbing Code and the Fire Code. The Town ofOliver also has a Building Bylaw, which prescribes the administrative process for administering the Building Code. It sets the fees for building permits, the application procedures and inspection requirements. This Bylaw also supplements the Code with a few specific requirements for construction in Oliver.

The building inspector is the municipal official assigned the task of reviewing building plans and inspecting construction for the purpose of general compliance with the relevant codes and bylaws. With a few minor exceptions laid out in the Building Bylaw, a building permit is required prior to commencing any construction. Failure to obtain a building permit can result in fines, orders to remove completed work, notices on the title of your property or any combination of these.

Building permits cannot be issued for any project, which does not comply with the relevant codes and municipal bylaws. This means that if a zoning change or development permit is required, it must be obtained before a building permit can be issued.

Click here for more detailed Building Permit information.

Variance Permits

back to top of page

It is sometimes said that rules were made to be broken and plans were made to be changed. Zoning and subdivision regulations are written to regulate growth in a fair and consistent manner within any particular land use zone. There are times, however, when specific situations arise that require a review of the rules as they apply to a particular development. Sometimes an odd-shaped lot makes it impractical to apply the normal building setback requirements. Sometimes a minor adjustment in lot width can result in an extra property possible through subdivision. Parking requirements may be difficult to meet in some circumstances, and a minor relaxation is desired to allow a development to proceed.

To deal with these types of situations, the Local Government Act authorizes municipal council to make necessary adjustments by way of a Variance Permit. Council may issue a variance permit to vary such requirements as:

• Setbacks from property lines
• Building heights
• Lot shapes
• Parking requirements
• Subdivision servicing requirements
• Site coverage and amenity space requirements

There are two specific zoning parameters that cannot be changed by Variance Permit. These are land use and density. In other words, council cannot allow a use on a particular property, unless such a use is allowed in the zoning bylaw, without amending the bylaw itself. Similarly, if the zoning bylaw only allows a set number of residential units or a set floor area for a given property size, this can only be changed by amending the zoning bylaw.

Click here for more detailed Variance Permit information.

back to top of page