Acts and Regulations

2017, c.19 - Community Planning Act

Section 59
Disposition versions

Full text
Re-zoning and amendments
59(1)Subject to this section, if a person applies to the council to have an area of land re-zoned to permit the carrying out of a specific proposal, the council may
(a) by resolution,
(i) set out the proposal,
(ii) impose reasonable terms and conditions concerning
(A) the uses of the land, buildings and structures,
(B) the site layout and design, including parking areas, landscaping, and entry and exit ways,
(C) the external design, appearance and spacing of buildings and structures, and
(D) any other matters that it considers relevant to the situation,
(iii) prescribe time limits within which a part of the proposal referred to in subparagraph (i) or terms and conditions imposed under subparagraph (ii) shall be carried out, and
(iv) provide that on the re-zoning of the land, the land in the zone and any building or structure on the land shall not be developed or used except in accordance with the proposal set out, terms and conditions imposed and time limits prescribed in accordance with this paragraph; and
(b) enter into an agreement with a person respecting matters contained in a resolution under paragraph (a), and any additional matters as the parties may agree, to assure that on the re-zoning of the land the land in the zone and any building or structure on the land is developed and used in accordance with the terms of the agreement.
59(2)A resolution or agreement adopted or entered into under subsection (1) shall not become effective until certified copies of the re-zoning by-law and the resolution or agreement are filed in the land registration office.
59(3)If the council varies the resolution or agreement entered into under subsection (1) or enters into a new agreement, the council shall give notice of the variation of the resolution or agreement or of the new agreement in accordance with section 111, which applies with the necessary modifications, and the variation of the resolution or agreement or the new agreement shall not become effective until a certified copy of it and, if necessary, a certified copy of the by-law amending or replacing the by-law referred to in subsection (2) are filed in the land registration office.
59(4)When registered in the land registration office, a resolution or agreement under this section is binding on a subsequent owner of the land in respect of which the resolution or agreement is made until discharged by the municipality.
59(5)If land or a building or structure to which a resolution or an agreement under this section pertains is developed or used contrary to the provisions of the resolution or agreement, or the developer fails to meet a time limit prescribed in the resolution or agreement, the council may cancel the resolution or agreement.
59(6)If the council cancels a resolution or agreement under subsection (5), the land to which that resolution or agreement pertains shall revert to the type of zone under which it fell before re-zoning on filing of a notice of the cancellation in the land registration office.
59(7)After filing a notice of the cancellation in the land registration office under subsection (6), the council shall immediately
(a) give notice of the cancellation, and the effect of the cancellation, in a newspaper circulated in the municipality or on the municipality’s website and in any other manner the Director determines, and
(b) take the necessary steps to have the re-zoning by-law repealed.
59(8)Failure to publish a notice referred to in subsection (7) or to repeal the rezoning by-law shall not affect the reversion of the land to the type of zone under which it fell before re-zoning.
59(9)Before entering into an agreement with a person under this section, the council may require a person to deliver a performance bond, negotiable instrument or other security acceptable to the council assuring implementation of the agreement.
Re-zoning and amendments
59(1)Subject to this section, if a person applies to the council to have an area of land re-zoned to permit the carrying out of a specific proposal, the council may
(a) by resolution,
(i) set out the proposal,
(ii) impose reasonable terms and conditions concerning
(A) the uses of the land, buildings and structures,
(B) the site layout and design, including parking areas, landscaping, and entry and exit ways,
(C) the external design, appearance and spacing of buildings and structures, and
(D) any other matters that it considers relevant to the situation,
(iii) prescribe time limits within which a part of the proposal referred to in subparagraph (i) or terms and conditions imposed under subparagraph (ii) shall be carried out, and
(iv) provide that on the re-zoning of the land, the land in the zone and any building or structure on the land shall not be developed or used except in accordance with the proposal set out, terms and conditions imposed and time limits prescribed in accordance with this paragraph; and
(b) enter into an agreement with a person respecting matters contained in a resolution under paragraph (a), and any additional matters as the parties may agree, to assure that on the re-zoning of the land the land in the zone and any building or structure on the land is developed and used in accordance with the terms of the agreement.
59(2)A resolution or agreement adopted or entered into under subsection (1) shall not become effective until certified copies of the re-zoning by-law and the resolution or agreement are filed in the land registration office.
59(3)If the council varies the resolution or agreement entered into under subsection (1) or enters into a new agreement, the council shall give notice of the variation of the resolution or agreement or of the new agreement in accordance with section 111, which applies with the necessary modifications, and the variation of the resolution or agreement or the new agreement shall not become effective until a certified copy of it and, if necessary, a certified copy of the by-law amending or replacing the by-law referred to in subsection (2) are filed in the land registration office.
59(4)When registered in the land registration office, a resolution or agreement under this section is binding on a subsequent owner of the land in respect of which the resolution or agreement is made until discharged by the municipality.
59(5)If land or a building or structure to which a resolution or an agreement under this section pertains is developed or used contrary to the provisions of the resolution or agreement, or the developer fails to meet a time limit prescribed in the resolution or agreement, the council may cancel the resolution or agreement.
59(6)If the council cancels a resolution or agreement under subsection (5), the land to which that resolution or agreement pertains shall revert to the type of zone under which it fell before re-zoning on filing of a notice of the cancellation in the land registration office.
59(7)After filing a notice of the cancellation in the land registration office under subsection (6), the council shall immediately
(a) give notice of the cancellation, and the effect of the cancellation, in a newspaper circulated in the municipality or on the municipality’s website and in any other manner the Director determines, and
(b) take the necessary steps to have the re-zoning by-law repealed.
59(8)Failure to publish a notice referred to in subsection (7) or to repeal the rezoning by-law shall not affect the reversion of the land to the type of zone under which it fell before re-zoning.
59(9)Before entering into an agreement with a person under this section, the council may require a person to deliver a performance bond, negotiable instrument or other security acceptable to the council assuring implementation of the agreement.