Last Updated: July 10, 2008

MUNICIPAL PROCESS SECTION

Cumberland’s Zoning Links

 

TRILOGY’S ZONING AMENDMENTS

Zoning defines land use and density

While the Official Community Plan is primarily a “vision statement”, zoning bylaws put the community vision into practical, legalistic terms, regulating use and density. Within the Village Core, zoning is handled on a lot-by-lot basis with each zoning classification operating under a very specific set of rules. Outside the Village core, most areas fall under the designation of Comprehensive Planning Area, (CPA’s) as outlined in the OCP’s Map C. Development Permit Areas (DPA’s), are outlined on Map B.

CPA’s and DPA’s are different

Comprehensive Planning areas provide a means of implementing a performance-based approach to land use planning, which is a very forward-thinking aspect of Cumberland’s OCP. The CPA designation was implemented for the purpose of reducing the individual number of zoning bylaws required for these areas, and to encourage innovative ways for the principles of the OCP to be applied. Performance standards checklists are required as part of the rezoning and development permit application process for lands within a CPA designation.

Development Permit Areas were established to guide developers and to assist the Village in addressing particular development issues by providing guidelines for building siting, form and character, landscaping, etc. They are intended to provide the residents of the Village with a degree of certainty that concerns expressed during the development of the OCP will be adequately addressed. Where an area is designated as a DPA, the Village Council must approve a Development Permit before a building permit or subdivision application can be approved. In addition, Council may adopt by resolution more detailed guidelines that are separate from the OCP’s guidelines to assist in the review of applications and the preparation of permits.

How Zoning & Development Approval is handled within a CPA

Where a zoning amendment is proposed within a Comprehensive Planning Area, it is processed by way of a Comprehensive Development Agreement (CDA) , rather than a series of rezoning bylaws and development permits. Upon application to rezone, Trilogy’s proposed zoning amendments must:

  • Demonstrate that the specific Performance Standards for the CPA designation have been met.
  • Meet the requirements of the Development Approval Information Bylaw.
  • Be prepared to negotiate and enter into a Comprehensive Development Agreement.

The terms of the CDA is negotiated between 1st and 2nd Reading of the proposed rezoning bylaw, and includes details of the amenities that the developer has agreed to provide. The CDA may require that specific actions take place prior to subdivision and/ or issuance of a Building Permit, such as the issuance of a Performance Bond.

If the rezoning bylaw within a CPA is given 3rd Reading and it applies to an area within eight hundred metres of a controlled access highway, it must be referred to the Regional Approving Officer at the Ministry of Transportation for approval before the bylaw can be adopted.

Prior to Council granting final approval of a zoning amendment bylaw, the Comprehensive Development Agreement must be registered on Title. This assures that all the requirements that have been negotiated between the developer and the Village, such as amenities or the provision of off-site structures, will be fulfilled.

Photo: North end of Union Mine, 1889. When Cumberland was first settled, there was no zoning. Today, zoning bylaws control land use and density, generally separating industrial uses from residential.

Cumberland’s Zoning Designations

There are 20 different zoning designations inside the Village’s Residential Containment Boundary:

  • 12 Residential
  • 1 Mixed Use
  • 2 Commercial
  • 1 Public Facilities
  • 1 Parks
  • 3 Industrial

Outside the Boundary, there are 7 Designations:

  • Public Facilities
  • Light Industrial
  • Heavy Industrial
  • Refuse Industrial
  • Resource Rural
  • Uplands Resource Rural

Most of Trilogy lands were designated under the CPA category in the 2004 OCP. Proposed amendments to the OCP will designate some of the lots as DPA’s in addition to their new or existing CPA classification.

Current Status:
Rezoning Applications

  • Lots 4 (Bylaw 846)
    1st Reading
    January 15, 2007

  • Lot 8 (Bylaw 847)
    1st Reading
    January 15, 2007

  • Lot 9B (Bylaw 852)
    1st Reading
    February 19, 2007

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