To rezone a property in Chilliwack, applicants will go through a 6 stage process.
1. Pre-application Stage
Prior to submitting an application for rezoning, you should contact the Planning Division to identify the following:
- the current zoning of your property
- the current Official Community Plan (OCP) designation of your property
- general Bylaw requirements of the zone to be applied
- type of information that will be required to support an application
- suitability of proposed zoning for proposed development
2. Application Submission
A completed application for Rezoning is submitted by the Applicant to the Planning Department and includes the following:
- a Rezoning Application Form identifying name and status of applicant as owner or agent for the owner
- the subject lands – civic address
- the zoning change you request
- proof of ownership as evidenced by a Tax/Assessment Notice or State of Title Certificate
- letter outlining a description of the proposed development
- tree and green space management plan; in accordance with Tree Management (Land Development) Bylaw 2008, No. 3585
- a Rezoning Application Fee, payable to the City of Chilliwack, the amount of which is based upon a fee schedule available at the Planning Department
- an authorization form should the owner of the property have an agent act on his/her behalf
3. Application Review and Reporting
The Planning Department coordinates the review of your application, which involves other municipal departments and outside agencies, such as Ministry of Environment, Ministry of Health and others.
Having reviewed all technical evaluations the Planning Department will then submit an assessment report together with recommendations to Council.
PLEASE NOTE: The applicant is responsible for posting rezoning notification signage on the subject property at least 14 days prior to introduction. Sign specifications are described in the “Public Hearing/Public Information Meeting Procedural Bylaw”.
You will be notified regarding staff recommendations and the impending review of your application at a regular Council meeting. Should you wish to make a presentation at the meeting, you must make prior arrangements (two business days before the meeting) with the Clerk’s department. If you cannot attend the meeting, you may request alternative representation on your behalf.
4. Initial Bylaw Readings and Public Hearings
At the regular Council meeting on a Tuesday that is open to the public, Council may refuse the application, request revisions or consider the application favourably.
If Council refuses the application or requests revisions to the proposal at the meeting, you will be informed. If you withdraw your application before introduction part of the rezoning fee may be refunded. Once Council considers the application favourable, it will give the rezoning bylaw first reading and set a Public Hearing date.
The Hearing date will normally be two weeks from the date of First Reading. The Hearing will be advertised in a local newspaper for two weeks and the applicant and the owners/occupants of all properties within 30 metres of the subject property will also be notified.
During the Public Hearing, held at 7:00pm, a party can make a presentation regarding the application. The City will also accept written submissions prior to the Hearing. After the hearing, Council will not accept or otherwise consider any submissions. It is advisable that you attend the Public Hearing, in case you need to clarify your proposal or respond to issues that may arise from the Public Hearing since Council, upon consideration of the public’s concerns, may alter its decision or require changes in the proposal.
5. Satisfying the Prerequisites
Following the Public Hearing, Council either rejects the application or gives second and third reading to the bylaw outlining prerequisites prior to final adoption. For example, if the application involves an OCP amendment or if the property is within 800 metres of the Trans Canada Highway, it will be referred to the Provincial Government for approval before proceeding to fourth reading.
Requirements, which involve preparing other bylaw and permits and obtaining approval from outside agencies, are staff’s responsibility.
Requirements that involve providing more information, preparing design plans or submission plans are the applicant’s responsibility.
If no provincial agencies are involved and prerequisites are met, the Rezoning will usually be referred to the following Council meeting for fourth reading and adoption.
6. Final Bylaw Adoption
If necessary, the applicant proceeds to fully complete the prerequisite conditions and submits the required information to the Planning Department.
Planning Division staff undertake a final review and once all the prerequisites have been satisfied, recommend to Council that the Final Adoption of the bylaw be given.
Upon receipt of the above recommendations, Council will usually give fourth reading and adoption of the bylaw at the next regular Council meeting. You are notified when this is done. However, the amendment bylaw is subject to a 30-day quashing period.
You are then able to apply for a Building Permit.