Land Development 101

When are Land Development Approvals required?

Any time the owner of a property wishes to change what uses and buildings are permitted on that property, or if they want to subdivide their parcel into more than one lot, a land development application is required.

The controls and process for changing land use, structures, and subdivision of property are established through provincial legislation. Authority to review, consider and when appropriate, approve land development procedures is given from the province to municipalities.

The District of Squamish reviews these nine land development application types:

• Official Community Plan Amendment
• Zoning Amendment (rezoning)
• Subdivision
• Development Permit
• Development Variance Permit
• Strata Title Conversion
• Temporary Use Permit
• Site Alteration Permit
• Discharge or Variance of Land Use Contract

Please ensure to view our Land Development kit (including comprehensive Guide, document checklist, and preapplication & application forms)

 FAQs

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Land Development Approvals

• When are land development approvals required?

  Any time the owner of a property wishes to change what uses and buildings are permitted on that property, or if they want to subdivide their parcel into more than one lot, a land development application is required.

  The controls and process for changing land use, structures, and subdivision of property are established through provincial legislation. Authority to review, consider and when appropriate, approve land development procedures is given from the province to municipalities.

  The District of Squamish reviews these land development application types listed in the FAQs below.

Official Community Plan Amendments

• What is the Official Community Plan?

  The Official Community Plan is the formal document that is adopted by Council that establishes the vision, objectives, goals and priorities for how Squamish will grow and evolve looking forward. While the OCP is a high level document, it will have specific tools and policies to determine how the community should consider new development proposals.  For example, there are policies that:

  • Manage growth;
  • Support Economic Development;
  • Focus commercial activity Downtown;
  • Protect air quality the natural environment;
  • Support transportation alternatives;

  View the Squamish OCP to see the Land Use Schedule and read about tools and policies.

• When is an OCP amendment necessary?

  When a land development proposal is not consistent with the Official Community Plan (OCP). For the proposal to proceed, OCP policies or designations need to be amended by Council

• Amending the OCP

  When Council assess new development proposals, they are required to determine whether the project is consistent with the OCP. This is done by considering the proposal based on its designation in the Land Use Schedule, and through an OCP policy assessment that is done by Planning staff. Amendments to the OCP are carefully assessed, as each new proposal should help contribute to the community achieving its visions and goals.

  There are some occasions where a proposal is consistent with the goals and visions of the OCP, but is in conflict with the existing OCP land Use Designation or specific OCP policies. In this instance, an OCP amendment  will be considered by Council. Like zoning amendments, OCP amendments require:

  • First two readings of the amending Bylaw by Council;
  • A Public Hearing, where members of the Public are allowed to speak about the proposed changes the Bylaw would permit;
  • Third Reading of the Bylaw; and
  • Adoption (Fourth Reading) of the Bylaw.

Rezoning Amendments

• What is zoning?

  The District of Squamish Zoning Bylaw establishes site-specific detail for how a piece of property can be used. Zoning for a parcel will address:

  • Permitted uses;
  • Minimum lot sizes;
  • Maximum height;
  • Maximum density/lot coverage;
  • Minimum setbacks;
  • The number of buildings per lot;
  • Fencing;
  • Off-street parking requirements; and
  • Any other relevant site controls.

• When is a rezoning amendment required

  If a different type of use, density, or minimum lot size, is required as part of a new project, then a rezoning is required.

• What does a rezoning application involve?

  Changing the permitted uses, densities, and creating specific development controls (or a rezoning) for a parcel of land can only be done with a bylaw amendment. In Squamish, a bylaw amendment requires:

  • First two readings of the amending Bylaw by Council;
  • A Public Hearing, where members of the Public are allowed to speak about the proposed changes the Bylaw would permit;
  • Third Reading of the Bylaw; and
  • Adoption (Fourth Reading) of the Bylaw.

  Average rezoning applications can take from 6 – 8 months to review and process. Review will include everything from Flood Construction level, to traffic assessments, to public art, to the available dimension of water mains. Because zoning amendments are often a change in land use and density, Council has a number of opportunities to consider the project through different bylaw readings, and must also give the public at opportunity to speak at a Public Hearing.

  Visit the bylaw library for more information.

Subdivision

• What is subdivision of land?

  Subdivision of land is the creation of one or more new legal properties. In a subdivision process, each new lot receives a new certificate of title, a new legal description, and will have a unique municipal assessment roll number for utilities and taxes.

   

• When is subdivision approval required?

  To subdivided one property into smaller lots, or to combine two different lots (consolidate) and then subdivide again into smaller lots, a subdivision approval is required.

• Does subdivision require Council approval?

  Subdivision is the only form of land development that does not require Council approval. The conditions for approving subdivision are established in the Local Government Act (Part 26 Division 11) Subdivisions are reviewed and approved by a Council appointed Approving Officer.

• How does zoning affect subdivision?

  Each lot that is created must comply with the requirements of the land use zone where the property is located. If this is not possible, then before land can be subdivided, it may require a rezoning or a Development Variance Permit before a subdivision can occur.

• Conditions of Subdivision

  As a condition of Subdivision, you are required to either install all works and services, or enter into a Service Agreement according to the Subdivision and Development Control Bylaw. Also note, a Subdivision may trigger a Development Permit if the parcel of land is within a riparian area.

Development Permit

• What is a Development Permit?

  A Development Permit is a permit that approves the form, character, location and physical impact of a new building or renovation. Development Permits can also be used as a way to protect different areas and activities within a community

• When is a Development Permit required?

  When a new building is proposed in any of the District’s Development Permit Areas, or if the building is a multi-unit residential building, a Development Permit is required prior to any construction. The Development Permit ensures the new project is consistent with Development Permit Area criteria, as established in the OCP.

  Provincial legislation gives municipalities ability to require development permits through Development Permit Areas (established in the Official Community Plan), and also more generally for commercial, industrial or multi-unit buildings. Development Permits are required before Building Permits can be issued.

  Municipalities are not empowered to require Development Permits for single-detached or two-unit (duplex) dwellings.

• How are Development Permit applications reviewed?

  Development Permits are reviewed by Council in one meeting in an approve/don’t approve format. Council must consider the application based on how well it complies with specific Development Permit Area Guidelines. Because Council must only consider a proposed projects compliance with Development Permit Guidelines, provincial legislation determines that there is no public input for Development Permits.

Development Variance Permit (DVP)

• When is a DVP required?

  If a new building, a building renovation, addition or alteration complies with the uses and density of a zone, but doesn’t meet setback, height, parking or other requirements, then the proposed project needs a Council endorsed Variance before a Building Permit can be issued.

• What requirements can be varied by a DVP?

  If the District receives a project application that is consistent with the zone that your project is located in, but there are minor constraints that impact exact compliance with the zone, you may need to consider a Development Variance Permit (or DVP).

  Provincial legislation allows municipalities to issue DVP’s for the following:

  • Setbacks
  • Building height or width
  • Minimum lot width or depth
  • Proximity to watercourses
  • Some servicing (ie: road provision).

  Municipalities are prohibited from allowing variances for:

  • Density;
  • Floodplain specifications;
  • A phased development agreement.

• How are DVP's considered?

  DVP’s are considered at one Council meeting. As DVP’s are requests to vary certain conditions of a zone, an opportunity for the public to speak to the requested variance at that meeting is provided.

  Sometimes variances are requested as part of a Development Permit application. In these instances, Council is not required to hear from the public. If they do wish to hear from the public, then Council must consider the Development Permit and the Development Variance request separately.

Strata Conversion

• What is strata conversion?

  Strata Conversion is the creation of individual legal units in an existing multi-unit building with one (or a group) of owners.

  Examples of buildings that are converted from single legal units to strata-titled units include: duplexes, townhouses, apartments, multi-unit commercial and industrial buildings, and mixed-use residential/commercial buildings.

• When is strata conversion required?

  When a multi-unit building is owned by one (or a group) of owners, and the owner(s) wish to create individual titles for each unit to allow for individual ownership of each unit, then a Strata Conversion is required.

• When does a stata conversion need to be considered by Council?

  Strata conversion needs to be considered by Council when the multi-unit building is currently occupied by owners and/or tenants.

  As outlined in Section 242 of the Strata Property Act, the province requires that a Local Government consider the following when a strata conversion request is submitted:

  (a) the priority of rental accommodation over privately owned housing in the area;

  (b) any proposals for the relocation of persons occupying a residential building;

  (c) the life expectancy of the building;

  (d) projected major increases in maintenance costs due to the condition of the building, and

  (e) any other matters that, in its opinion, are relevant.

  Strata Conversions are considered at one meeting by Council, or for smaller conversions (duplexes or small commercial buildings) by the Approving Officer. There is no formal public input opportunity as part of Strata conversion considerations.