Land Use Planning
Land Use planning involves using many different tools to achieve long term stability
in the development of the island land base. In the Islands Trust Area, the focus of
all long-range planning is the preservation of the environment and community
sustainability.
There are three basic documents that guide and regulate development on the
islands. At the most general level is the Islands Trust Policy Statement, which
provides a broad planning framework to which all land use decisions must conform.
Official Community Plans and Land Use Bylaws apply to specific islands or
groups of islands.
Official Community Plans
Official Community Plans contain the broad goals and policies that help guide the preservation and development of an Island. Official Community Plans are developed with substantial input from the community, other government agencies and First Nations.
Official Community Plans are adopted and administered by each Island's Local Trust Committee.
Land Use Bylaws
Land Use Bylaws contain all the regulations that govern the use and density of the land, as well as other regulations such as setbacks, height restrictions, parking requirements, signage restrictions, drainage restrictions and subdivision servicing.
Land Use Bylaws are adopted and administered by each Island's Local Trust Committee.
Rural Land Use Bylaws
A Rural Land Use Bylaw is a special type of bylaw that combines some elements of the Official Community Plan and some elements of the Land Use Bylaw. These bylaws were adopted previously for areas of low population where a full Official Community Plan and Land Use bylaw were not necessary.
Rural Land Use Bylaws are adopted and administered by an Island's Local Trust Committee.
Bylaw Amendments
All Local Trust Committee bylaws (Official Community Plans, Land/use Bylaw, Rural Land use Bylaws) can be amended from time-to-time. The Local Trust Committee can elect to make changes for the good of the community, or in response to a community concern. A landowner can make an application to amend a bylaw to permit a change of use or density.
To apply for a bylaw amendment please use an Islands Trust Rezoning Application form.
Bylaw Enforcement
The Islands Trust is responsible for the enforcement of local land use bylaws.
In most circumstances enforcement is only undertaken on receipt of a written complaint. However, if an environmental concern, permitting issue or advertising of an illegal land use is discovered, enforcement may be started without a complaint. Additionally, some Local Trust Committees have adopted more specific enforcement policies.
Some complaints involve issues that are beyond the Islands Trust's jurisdiction (such as building code or noise), in those instances the Islands Trust bylaw investigations officer works closely with other enforcement officers from other agencies to resolve the complaint.
The Islands Trust makes every attempt to resolve the issue through mediation or voluntary compliance - court proceedings are always a last resort if all else fails.
You may wish to speak to one of our Bylaw Investigations Officers located in one of our planning offices responsible for enforcement in your Local Trust Area, prior to submitting an official complaint.
If you wish to make a complaint you may do so using our on-line bylaw complaint form.
Referral Review
The Islands Trust provides advice to other agencies on land use related matters. These services include advising the Provincial Approving Officer on whether or not a subdivision application is consistent with the local zoning bylaws; advising the Building Inspector whether or not a proposed building or structure is consistent with local zoning bylaws; advising the
Integrated Land Management Bureau
whether or not a lease application is consistent with local zoning bylaws. We also provide advice to the Agricultural Land Reserve Commission on applications to include or exclude land in the land reserve or applications for non-farm use in the land reserve.
Building Strata Conversions
A building strata conversion is the division of an existing building into strata lots. In these cases, the landowner must apply to the Local Trust Committee for a building strata conversion.
Advisory Groups
In order to obtain advice on planning matters, local trust committees establish various types of advisory groups. The most common is the Advisory Planning Comission; other groups include advisory committees on specific subjects, such as transportation, aquaculture, and environmental issues or, for certain development permit areas, architectural design.
Planning Commissions
A Local Trust Committee has the authority to establish Advisory Planning Commissions for the purpose of providing advice on all aspects of planning and land use. The Commissions are made up of local residents who are appointed for a specific period of time (usually two years).
Board of Variance
The Board of Variance has the authority to permit minor variances from, or exceptions to, land use bylaw regulations in instances where it deems compliance with the bylaw would entail undue
hardship; and also to permit alterations or additions to non-conforming uses.
To apply for a board of variance please use an Islands Trust Board of Variance Application form.
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