Policy 5.4.1 Land Use Regulation Guidelines

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Policy – Land Use Regulation Guidelines Page 1 
 
Policy: 5.4.1 
Approved By: Trust Council 
Approval Date: December 11, 1993 
Amendment Date(s):   
Policy Holder: Director of Local Planning Services 
 
LAND USE REGULATION GUIDELINES 
Purpose 
Guidelines for the preparation of Official Community Plan (OCP) bylaws and other regulatory bylaws under 
section 29 of the Islands Trust Act. 
A. Policy 
1.  Official Community Plans 
1.1.  Basic Principles 
1.1.1  OCPs are optional. Part 14 bylaws can be adopted without an OCP being in 
effect. 
1.1.2  The content of OCP’s is limited by the Local Government Act and a court may 
strike down an OCP statement or policy that is not authorized by the Act. 
1.1.3  OCP’s will generally be regarded by the courts as statements of objectives or 
policy, not to be construed as would be Acts of Parliament. Thus, less precise 
language is permissible in an OCP than in a land use bylaw. 
1.1.4  All subsequent bylaws must be consistent with the OCP. Where there is an 
"absolute or direct collision" between a bylaw and an OCP, the bylaw will be 
invalid. 
1.1.5  All OCP bylaws are subject to a public hearing. 
1.2.  Mandatory Contents  
1.2.1  Statements and map designations respecting: 
1.2.1.1 Residential development to meet anticipated needs over 5 years. 
1.2.1.2 Other land uses - present and proposed. 
1.2.1.3 Sand and gravel deposits that are suitable for extraction. 
1.2.1.4 Land subject to hazardous conditions or environmentally sensitive. 
1.2.1.5 Public facilities including parks, schools, waste treatment and disposal 
sites - present and proposed. 

Policy – Land Use Regulation Guidelines Page 2 
1.2.1.6 Affordable, rental and special needs housing. 
1.2.1.7 Location and phasing of any new roads, sewers and water systems. 
1.3.  Optional Contents 
1.3.1  Temporary commercial and industrial permit areas. 
1.3.2  Development permit areas, including justifications for the designations and 
guidelines on the basis of which development permit conditions will be 
imposed, designated for: 
1.3.2.1 Protection of natural environment. 
1.3.2.2 Protection of development from hazardous conditions. 
1.3.2.3 Protection of provincial or municipal heritage sites. 
1.3.2.4 Revitalization of commercial areas. 
1.3.2.5 Control of form and character of development 
1.3.2.5.1 commercial 
1.3.2.5.2 industrial 
1.3.2.5.3  multi-family residential. 
1.4.  Points to Consider 
1.4.1  Under S.510, the trust committee can determine whether a subdivider 
dedicates land for park or pays cash in lieu if the OCP contains policies and 
designations respecting the location and type of future parks. 
1.4.2  Under S.489, a development permit may include only conditions in accordance 
with stated OCP guidelines; enforceability of DP conditions depends on 
properly drafted OCP guidelines. 
1.4.3  Density bonuses under S.482 can be anticipated by designating in the OCP 
areas where greater density can be accommodated on condition that an 
amenity o

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