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Zoning specifies the current regulations regarding the density and allowable use of land for residential, industrial, recreational or commercial activities. For example, an RS-1 residential zone allows single-family homes, but not duplexes, townhomes, or apartment complexes. Zoning may also do one or more of the following (from Section 903 of the Local Government Act):

  • divide the municipality into zones, name each zone and establish the boundaries of the zones;
  • Limit the vertical extent of a zone and provide other zones above or below it;
  • regulate within a zone:
  • the use of land, buildings, and structures;
    • the density of the use of land, buildings, and structures;
    • the siting, size, and dimensions of

      - buildings and structures
      - uses that are permitted on the land, and

    • the location of uses on the land and within buildings and structures.
  • regulate the shape, dimensions and area, including the establishment of minimum and maximum sizes, of all parcels of lands that may be created by subdivision.

What is rezoning?
The rezoning application process
Pre-application 
Application submission 
Application review and circulation 
Technical review team meeting 
Preliminary list of requirements and comments letter 
Advisory Design Panel
Community Planning Advisory Committee (CPAC) meeting 
First and second readings 
Public hearing 
Submission of coordinated plan sets 
Servicing agreement 
Zoning bylaw adoption 
Other development approvals 
How long does the rezoning process take?
What are Land Use Contracts?
What are Comprehensive Development (CD) Zones?

What is rezoning? 

The City's Zoning Bylaw is a key document that implements Port Moody's Official Community Plan (OCP) by regulating land use and density. Every property in Port Moody has a legal zoning classification specifying the types of uses or activities that can take place on that property, restrictions on the floor area and height of buildings, minimum distances separating buildings and property lines, the amount of off-street parking required, as well as other requirements.

If the existing zoning of a property does not permit a proposed use or development, an application may be submitted by the land owner (or agent of the land owner) to amend the zoning of that property. To change a property's zoning, the applicant should demonstrate that the proposed rezoning supports the City's OCP and benefits the community as a whole. A rezoning application is decided upon by City Council.

Some rezoning applications may require an OCP amendment which can generally be processed in conjunction with a rezoning application. 

The rezoning application process

rezoning application proceeds through a review and approval process that includes the steps summarized below and shown on this flow chart.

Pre-application 

Prior to submitting a rezoning application, the applicant is urged to prepare a preliminary development proposal. The applicant should first review the City's Official Community Plan (OCP), Zoning BylawDevelopment Permit Guidelines and the Subdivision Servicing Bylaw to determine whether the proposal meets all of the City's requirements and standards. In addition, the applicant should meet with staff to discuss the proposal.

For more complex Development Permit, Rezoning or Official Community Plan Amendment applications it is recommended to apply for a Pre-Application review. This process provides a preliminary review prior to making a subsequent, more detailed development application. The review provides a coordinated response from relevant City departments regarding any major issues, as can be determined from the preliminary concept plans and proposed development description submitted.

The review process does not include referrals to outside bodies or organizations, nor does it imply or suggest a decision by the City to either support or refuse any subsequent detailed application. However, the information from the pre-application review is intended to assist the applicant in identifying any key issues associated with the development proposal, which should be made prior to proceeding with a detailed full application.

Application submission

Once a proposal has been prepared, a completed rezoning application package including the applicable fees is submitted. The applicant may also choose to concurrently submit an accompanying development permit application or subdivision application where applicable (see brochures on these types of applications). Where a rezoning is perceived to have a high impact on the neighbourhood or community, the applicant is advised to hold an information meeting or open house to inform the neighbouring property owners of the proposal.

Application review and circulation

The application is circulated to internal City departments and external agencies as necessary. Staff review the application to ensure that the proposed development complies with the City's bylaws, and development policies. The applicant may be requested to submit additional information or revise the proposal as a result of the review.

Technical review team meeting

City staff meet as a Technical Review Team to review rezoning applications and identify items to be addressed to meet City bylaw requirements.

Preliminary list of requirements and comments letter

A letter is forwarded to the applicant outlining comments received from circulation of the application. The letter also identifies the preliminary list of technical requirements for the development to proceed, which may include infrastructure improvements, issuance of a tree removal permit, etc. The technical requirements identified in this letter form the basis for the Servicing Agreement discussed below. The scheduled date for consideration of the proposal by the City's Community Planning Advisory Committee is also indicated.

Advisory Design Panel

The role of the Advisory Design Panel (ADP) is to advise the Director of Development Services and/or City Council on the quality of design of development projects under review by the City. All applications for Rezoning, Development Permit and Heritage Alteration Permits are required to be referred to the ADP as part of the review process.


Community Planning Advisory Committee (CPAC) meeting

The City's Community Planning Advisory Committee consists of Council members and representatives from the City's neighbourhood associations. Notification of a CPAC meeting is placed in the local newspaper and a notification letter is sent to all residents within 140 metres of the subject property. A notification sign is also posted on the subject property. The applicant should attend the CPAC meeting to present the proposal. After receiving input on the proposal, the CPAC forwards a recommendation on the application to Council. If the CPAC does not support the application, the applicant may wish to revise the proposal to address the concerns identified.

First and second readings

After the CPAC considers the application, staff forward a bylaw and accompanying report for the proposal to Council for consideration of first and second readings and scheduling of a public hearing. City Council considers the rezoning application and may provide first and second readings of the rezoning bylaw and forward the bylaw to a Public Hearing. Alternatively, Council may reject the application or request changes to the development proposal.

Public hearing

A notification letter is sent to all residents within 140 m of the subject property and an ad is placed in the local newspaper ten days prior to the Public Hearing. A notification sign is also posted on the subject property. At the Public Hearing, staff will briefly outline the proposal and the applicant and the public may make submissions to Council. At its next regular meeting after the Public Hearing, Council may either give the rezoning bylaw third reading, request changes or reject the rezoning proposal.

Submission of coordinated plan sets*

If necessary, the applicant submits coordinated sets of architectural, landscape and civil engineering plans to address the Preliminary List of Requirements letter. The plan submission is reviewed by staff. Re-submission of the plans may be requested to address staff comments. The level of detail provided by the plan submission should serve to provide a Class C estimate for the civil works. Based on the submission and estimates provided by the applicant, security and fee amounts for off site civil and landscaping works are determined.

Servicing agreement*

A servicing agreement may be required in support of the civil works. The agreement is in the form of a restrictive covenant prepared by the applicant's Solicitor in accordance with the City's format. The agreement secures the applicant's commitment to finalize the plan submission prior to building permit issuance and complete the servicing required for the development to proceed.

*Note: This step is required if associated development permit, development authorization, building permit or subdivision applications are submitted concurrently with the rezoning application.

Zoning bylaw adoption

Once the required security and fee amounts have been paid by the applicant, any required legal documents including the servicing agreement are finalized, the Bylaw is forwarded to Council for consideration of adoption.

Other development approvals

It may be necessary for the applicant to address other approval processes including Development Permit, Development Authorization, North Shore Development Authorization, Development Variance Permit, Subdivision or Building Permit.

How long does the rezoning process take?

rezoning application generally takes four to six months to process. It should be recognized that the more complex a proposal is, the more time it is likely to require.

To assist with timely processing of the application, an applicant should provide complete application and plan submissions.

What are Land Use Contracts?

Land Use Contracts (LUC) were used in the 1970s under the Provincial Municipal Act. Land Use Contracts are agreements between local government and property owners which contain specific terms and conditions for any use or development on a particular piece of land including regulations for the siting of buildings, the use of parks, landscaping requirements, off-site requirements and fees to defray municipal costs for expanding services within the contract area. While new LUCs are no longer permitted under current provincial legislation, several LUCs remain in effect in Port Moody. For example, development on the Suter Brook Village site is governed by a Land Use Contract.

The presence of a Land Use Contract on a land title requires that any regulations within the CPAC take precedence over zoning and subdivision regulations on that land. If a proposed development is not permitted under a CPAC, the CPAC can be amended or varied for the development to go ahead. CPACs can be amended or discharged with the consent of both the municipality and the property owner. Often a rezoning process is required to take place concurrently with a CPAC discharge from a property to ensure that appropriate new zoning is in effect for the property once the CPAC provisions are removed.

What are Comprehensive Development (CD) Zones?

A Comprehensive Development (CD) zone provides for the development or redevelopment of a larger site allowing a variety of land uses and development approaches as part of a comprehensive development plan. This form of zoning enables a municipality to negotiate detailed guidelines and specifications for all aspects of a development in an integrated manner.

The ability of a municipality to specifically regulate the development of a particular site as a CD zone is ideal for sites that should receive innovative treatment. Typically, a new zone is created for the site, tailor-made for a specific development. CD zones provide municipalities with greater flexibility to obtain a development plan that better suits the neighbourhood and the particular property. CD zoning allows the City to negotiate with developers to obtain such amenities as additional parkland, greater access to the waterfront, tree retention, innovative stormwater management and affordable housing, which might not otherwise be obtained through conventional zoning.

CD zones are a way to manage and regulate the development of sites that are in a strategic location (e.g. are a significant site in an already developed area or adjacent to existing uses), have topographic constraints, or are environmentally sensitive.

CD zones are also a means of supporting the creation of compact complete communities as the details in a zone can support the integration of a diversity of uses and street patterns to meet the needs of the specific and adjacent neighbourhoods.

If you have any questions or require further information, contact the Development Services Department at 604.469.4540.

*Disclaimer for Port Moody Zoning Map: The zoning map is a consolidation of City of Port Moody Zoning Bylaw, 1988, No. 1890 and Greater Vancouver Regional District Zoning Bylaw No. 511 and amendments thereto up to the date noted in the map's title block. This map does not form the part of the official copies of these bylaws and amendments to these bylaws, which are kept on file at the City of Port Moody Clerk's Office for reference. The City of Port Moody makes no representation or warranty expressed with respect to the accuracy, completeness or appropriateness of the information contained heron. Zone designations on the map marked with an "*" pertain to zones contained with Greater Vancouver Regional District Bylaw No. 511, and not City of Port Moody Zoning Bylaw, 1988, No. 1890.

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Rezoning Process Summary
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Last updated: 30/05/2017 5:02:24 PM