Hornby LTC Siting and Use Permit Bylaw No. 168

· Hornby Island · Adopted Bylaws · 2022

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Topics: Bylaw enforcement · Governance & budget — our classification, not the Trust's.

Extracted text (beginning)

1 
 
HORNBY ISLAND LOCAL TRUST COMMITTEE 
BYLAW NO. 168 
 
A BYLAW TO REQUIRE AND DEFINE PROCEDURES FOR APPLICATION FOR SITING AND USE PERMITS IN 
COMPLIANCE WITH HORNBY ISLAND OFFICIAL COMMUNITY PLAN NO. 149, 2014 AND HORNBY ISLAND LAND 
USE BYLAW NO. 150, 2014. 
 
 
WHEREAS the Hornby Island Local Trust Area is not subject to a requirement established under Division 1 of Part 9 
of the Local Government Act that building permits be obtained for construction; 
 
AND WHEREAS the Hornby Island Local Trust Area is subject to Land Use Bylaw No. 150, 2014 that regulates use, 
density of use, siting, size and dimensions of uses, buildings and structures permitted on the land; 
 
NOW THEREFORE the Hornby Island Trust Committee being the Trust Committee having jurisdiction in respect of 
the Hornby Island  Local  Trust  Area  in  the  Province  of  British  Columbia  pursuant  to  the Islands  Trust  Act,  R.S.B.C. 
1996, enacts as follows: 
 
1. Title 
 
This  bylaw  may  be  cited for  all  purposes  as  "Hornby  Island Local Trust  Committee  Siting  and  Use  Permit 
Bylaw No. 168, 2021". 
 
2. Bylaw Repeal 
 
Bylaw No. 52 cited as “Hornby Island Siting and Use Permit Bylaw No. 52, 1990” and all of its amendments 
are repealed. 
 
3. Requirement 
 
Owners of land within the Hornby Island Local Trust Area are required to obtain a siting and use permit for 
the construction of a freestanding building or structure with a gross floor area of ten square metres or more 
or  any  addition  to  an  existing  building  or  structure  in  accordance  with  this  bylaw  before  beginning 
construction on the land. 
 
4. Application 
 
This bylaw shall apply to Hornby Island, Toby Island, Flora Islet, Norris Rocks, and unnamed islets and the 
surface of water within 1,000 metres of the natural boundary of the sea on Hornby and Toby Islands and 
Flora Islet except where the boundary would impinge on another jurisdiction, in which case, the jurisdiction 
of this bylaw extends to the mid-channel between the Islands. 
 
5. Interpretation 
 
In  this  bylaw  definitions  contained  in  Section  1.1  of  the  Land  Use  Bylaw  apply,  with  the  addition  of  the 
following:  
 
"Approval" means approval in writing from the person specified in Section 6 as authorized to issue permits. 

 
 
2 
 
"Construction"  means  new  construction  of  a  building  or  structure  and  includes  addition  to  an  existing 
building or structure, but does not include the repair of an existing building or structure. 
 
6. Administration 
 
6.1 This Bylaw shall be administered by the Secretary of the Islands Trust or a designate specified by 
the Secretary. 
 
6.2 No owner, lessee, tenant, occupant or agent for the owner shall do any act, or suffer or permit any 
act or thing to be done in contravention of this bylaw. 
 
6.3 Any person who violates any of the provisions of this bylaw shall, upon summary conviction thereof, 
be liable to a penalty of not more than $1000.00. 
 
7. Appl

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