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File #: 20-022    Version: 1 Name:
Type: Staff Report Status: Development Services Staff Report
File created: 1/3/2020 In control: Committee of the Whole
On agenda: 1/13/2020 Final action:
Title: Planning tools for completed and in progress work
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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DATE: January 3, 2020 Report No. DEV-20-003
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services

Planning tools for completed and in progress work


Does Council wish staff to provide any additional details about the planning tools discussed below or research other tools to regulate activities?


That the COTW receive Staff Report No. DEV-20-003 for information.


From time to time Council receives requests from residents to control or regulate certain activities that are, or potentially may, create a nuisance. Council has, at its disposal, a wide range of tools to regulate these types of activities. Planning tools often overlap with other tools including business licences, and some of the tools are the subject of a significant body of case law (e.g. discrimination of dwelling occupants based on familial relationships). This report provides an overview of the tools at Council's disposal for dealing with various planning nuisance issues and under no circumstances is any of the content in this report to be interpreted or construed as legal advice to Council. If Council wishes to explore the legal side of any of the tools outlined below, it should instruct staff to obtain such advice for Council's consideration.

This report addresses four common questions that have been raised by either residents or Council related to the regulation of certain activities that are, or potentially may, create nuisances.


1) Can the municipality control the number or residents who occupy a dwelling through its zoning powers?

One of those tools at Council's disposal is the Zoning Bylaw. The powers associated with the Zoning Bylaw are set out in Section 479 of the Local Government Act which states that:
479 (1) "A local government may, by bylaw, do one or more of the following:
(a) divide the whole or part of ...

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