Part 10 Wildfire Recovery Overlay

10.1. Purpose of Overlay and Intention of Council

10.1.1.        The purpose of this Overlay is to address the situation that has arisen as a result of the widespread destruction of properties within the Overlay Area, caused by the wildfire of May 2016.

10.1.2.        The intention of Council is to establish a legal and land use planning framework for the Overlay Area that will provide certainty to owners whose properties were destroyed or damaged beyond repair, with respect to their available re-development options and the requirements they shall meet to be assured of obtaining development approval to rebuild.

10.2. Overlay Area

10.2.1.          The Overlay Area consists of the areas shown within the red lines on Map 2 in Appendix A.

10.3. Application

10.3.1.       This Part 10 applies only to lots or parcels of land within the Overlay Area that are within the following land use classifications:

(a)   R1, excluding Lots 1-10, Block 5, Plan 9624015;

(b)   R2, excluding Plan 7521170; Plan 0122155; Plan 0720372; Plan 0620508, Plan 1120015;

(c)   R1M;

(d)   C2 (in the Waterways area only),

(e)   DC (in the Waterways area only).

10.4. Over-riding Effect of Overlay

10.4.1.        Within the Overlay Area and in respect of lots or parcels of land that are zoned as set out in Part 10 Section 10.3 above, the provisions of this Part 10 apply notwithstanding anything to the contrary in this Bylaw. The range of possible uses on lots or parcels of land within the Overlay Area that are zoned as set out in Part 10 Section 10.3 above are the uses described in other provisions of this Bylaw for the applicable land use classifications unless modified explicitly by, or by necessary implication from, a provision of this Part 10. If there is an inconsistency or conflict between any provision of this Part 10 and any other provision of this Bylaw, the provisions of this Part 10 shall prevail within the Overlay Area.

10.5. Interpretation of Terms

10.5.1.          In this Part 10:

(a)   A reference to an application for a development permit means an application for which all necessary supporting information and documentation (including all relevant agreements affecting the property in question and all instruments registered on title) has been provided by the applicant to the satisfaction of the Development Authority, and in respect of which the Development Authority has notified the applicant in writing that the application is complete.

(b)   Despite Part 1 Section 1.9 of this bylaw, “Building Footprint” means the area and configuration of the ground floor of a building, measured from the exterior walls, including an attached garage but not including any projections.

(c)   “Multi-Site Development” means a group of three (3) or more contiguous lots upon which some or all of the dwelling units and accessory buildings (if any) are attached or semi-attached to each other and the total configuration of structures comprises a distinct development separate and apart from any other development outside the contiguous lot group.

(d)   “Multi-Site Rebuilding Plan–pre-existing” means a plan for rebuilding a Multi-Site Development in its entirety either just as it was immediately prior to the May 2016 wildfire, or with changes only to the location or size or configuration of any accessory buildings that were part of the pre-wildfire Multi-Site Development.

(e)   “Multi-Site Rebuilding Plan–new” means a plan for rebuilding a Multi-Site Development in its entirety on the same group of contiguous lots or parcels of land as immediately prior to the May 2016 wildfire but with changes to location of lot lines or locations of principal buildings or involving conversion of some or all of the Multi-Site Development to different types of residential use (for example, from townhomes to detached or semi-detached dwelling units).

(f)        “New Building Footprint” means a building to be constructed that differs in size, location on the lot, or building type as compared to the development lawfully in existence on that lot immediately prior to the wildfire.

(g)   “Pre-Existing Building Footprint” means a building that is the same size, in the same location on the lot, and of the same building type as compared to the development lawfully in existence on that lot immediately prior to the wildfire. For greater clarity and certainty: a development permit application to rebuild destroyed or damaged structures that does not impact more than two (2) lots or  parcels of land or dwelling units, is not a Multi-Site Rebuilding Plan even though it may involve or include, without limitation: conversion of pre-wildfire townhouse developments to either single detached dwellings or semi-detached dwellings, or conversion of all or a portion of a block, street or neighbourhood to one or more new residential uses that may involve new lot lines or subdivisions or different building footprints or different types of residential uses as compared to the lot lines or subdivisions, building footprints or residential uses that existed immediately prior to the wildfire.

10.6. Discretionary Uses Subject to Specific Council Direction

10.6.1.         All land uses within the Overlay Area are discretionary uses but the discretion of the Development Authority to refuse to issue a development permit, or to issue a development permit with conditions, is subject to the specific directions of the Council set out in this Part 10.

10.7. Council Direction to the Development Authority – All Parts of the Overlay Area

10.7.1.        The Development Authority, in exercising its authority and discretion to make decisions on development permit applications for lots or parcels of land within the Overlay Area, may impose site-specific conditions upon a development permit as it deems advisable to address technical, planning or land use issues that are unique to a property or to a limited number of properties, including a requirement to consolidate titles or obtain subdivision approval where appropriate, and including a requirement to obtain from an adjacent property owner any easement over the adjacent property that in the opinion of the Development Authority is necessary to provide adequate access for maintenance of a development located anywhere in the Overlay Area, regardless of whether an instrument described as an easement or restrictive covenant is already registered either directly or by way of caveat on any relevant title.

10.7.2.        The Development Authority shall not refuse to issue a development permit for a single detached dwelling within the Overlay Area, solely on the basis that the lot in respect of which the development permit is applied for is too small in width, length or area to meet the development regulations for such developments set out in other parts of this Bylaw. It is the intention of the Council that single detached dwelling developments on residential lots that meet the setback requirements of this Bylaw shall be allowed within the Overlay Area.

10.8. Council Direction to the Development Authority – R1, R1M (Waterways area only) and C2 Districts

10.8.1.        An application for development approval to rebuild on a lot zoned R1, R1M (Waterways area only) or C2 shall be approved by the Development Authority, with or without conditions as described in Section 10.7 of this Part 10:

(a)   regardless of whether the proposed rebuild development conforms to the development regulations set out in other provisions of this Bylaw, if the building footprint of the proposed rebuild development is the same as that of the development that lawfully existed on that lot immediately prior to the wildfire; or

(b)   provided that the proposed rebuild development conforms to the development regulations set out in other provisions of this Bylaw, if the building footprint of the proposed development is not the same as that of the development that lawfully existed on that lot immediately prior to the wildfire.

10.9. Council Direction to the Development Authority – R2 and R1M (Abasand area only) Districts

10.9.1.          Rebuilding to Pre-Existing Building Footprints - not more than two (2) lots

(a)   When an application for approval to rebuild on a lot zoned R2 or R1M (Abasand area only) is for a proposed development that:

i.    would be constructed to a Pre-Existing Building Footprint that was lawfully in existence immediately prior to the wildfire; and

ii.   is not part of a Multi-Site Rebuilding Plan; then a development permit with or without conditions as described in Section 10.7 of this Part 10 shall be issued by the Development Authority regardless of whether the proposed development conforms to the development regulations set out in other provisions of this Bylaw, provided that either:

(b)   the proposed rebuild development would not be attached to another rebuild development on an adjacent lot; or

(c)   if the proposed rebuild development would be attached to only one (1) other rebuild development on an adjacent lot that meets conditions (a) and (b) of this Part 10 Section 10.9.1, the development permits for the two (2) rebuild developments are being issued at the same time.

10.9.2.          Rebuilding to New Building Footprints - not more than two (2) lots

(a)   When an application for approval to rebuild on a lot or lots zoned R2 or R1M (Abasand area only) is for a proposed development that:

i.    may or may not be on a lot or lots that formed part of a Multi-Site Development immediately prior to the wildfire;

ii.   would be constructed to a New Building Footprint; and

iii.  is not part of a Multi-Site Rebuilding Plan; then a development permit with or without conditions as described in Section 10.7 of this Part 10 shall be issued by the Development Authority if the proposed development conforms to the development regulations, including but not limited to, setbacks, height restrictions on buildings and fences, maximum density and on-site parking requirements, as set out in other provisions of this Bylaw, provided that:

iv.  the proposed rebuild development:

1.  would not be attached to another rebuild development on an adjacent lot; or,

2.  would be attached to only one (1) other rebuild development on an adjacent lot that meets conditions (a) and (b) of Part 10 Section 10.9.1 or of Part 10 Section 10.9.2 and the development permits for the two (2) rebuild developments are being issued at the same time; and,

3.  in the case of a proposed rebuild development on a lot or lots that formed part of a Multi-Site Development immediately prior to the wildfire, would not in the opinion of the Development Authority have the effect of removing all re-development options for any other lot or parcel of land that was part of the pre-wildfire Multi-Lot Development.

10.9.3.          Rebuilding to a Multi-Site Rebuilding Plan

(a)   When a development permit application for approval to rebuild on a lot zoned R2 or R1M (Abasand only) is part of a Multi-Site Rebuilding Plan–Pre-Existing, then a development permit or development permits for the Multi-Site Rebuilding Plan--Pre-existing with or without conditions as described in Part 10 Section 10.7 shall be issued by the Development Authority regardless of whether the proposed new development conforms to the development regulations set out in other provisions of this Bylaw.

(b)   When a development permit application for approval to rebuild on a lot zoned R2 or R1M (Abasand only) is part of a Multi-Site Rebuilding Plan–New, then a development permit or development permits for the Multi-Site Rebuilding Plan–New with or without conditions as described in Part 10 Section 10.7 shall be issued by the Development Authority, if:

i.    the Multi-Site Rebuilding Plan-New as a whole conforms to development regulations, including but not limited to, setbacks, height restrictions on buildings and fences, maximum density and on-site parking requirements, as set out in other provisions of this Bylaw; and

ii.   in the opinion of the Development Authority the proposed Multi-Site Rebuilding Plan–New would not have the effect of removing all re-development options for any lot or parcel of land that was part of the pre-wildfire Multi-Site development but is not included within the Multi-Site Rebuilding Plan–New.

10.10. General Provisions

10.10.1.          Voluntary Waiver of Claims

(a)   A development for which a development permit has been issued under this Part 10 may be commenced before the time period for appeal to the Board has expired, if:

i.    no appeal has been made by any person, including an appeal of conditions by the development permit holder; and,

ii.   the development permit holder has executed and delivered to the Development Authority a Voluntary Waiver of Claims in the form set out in Appendix C to this Part 10.

10.10.2.          Public Notice Provisions

(a)   When a development permit has been issued under the provisions of either Part 10 Section 10.9.2 or Part 10 Section 10.9.3 (b), then in addition to any other applicable notice provision the Development Authority shall ensure that notice of the development permit is posted to the Municipality’s public website with a specific notation that the approved development is not to the same building footprint as existed prior to the wildfire, and the notice shall remain on the Municipality’s public website until the time for appeal to the Board has expired.

10.10.3.          Modifications to the Application of Certain Provisions of Land Use Classifications

(a)   Within the Overlay Area the following regulations or requirements of land use classifications shall prevail over provisions of this Bylaw that apply outside the Overlay Area:

i.    In the R1M (Mixed Form Single Detached Residential) District, replacement of previously existing single detached dwellings with mobile homes is allowed at the discretion of the Development Authority.

ii.   In the R2 (Low Rise Medium Density Residential) district the width of one (1) only of the interior side yards of any lot may be reduced to zero if:

1.  the building design and construction provides for all roof drainage to be directed to the lot itself (with subsequent flow to the municipal storm drainage system) and does not provide for drainage to any adjacent lot; and,

2.  a 1.0m wide maintenance easement is obtained from the owner of the lot adjacent to the reduced side yard, and is registered against the title to that adjacent lot.

iii.  In the C2 (Main Street District) district:

1.  front yard setbacks shall be not less than 1.0m and not more than 3.0m;

2.  rear yard setbacks shall be not less than 4.6m;

3.  there is no restriction on gross floor area for any individual business premises.

iv.  In the DC (Direct Control) district, a development permit to rebuilt the same or substantially the same development that lawfully existed immediately prior to the wildfire may be issued with or without conditions by the Development Authority, with no requirement to bring the application to Council.