Frequently Asked Questions

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		Frequently Asked Questions
		Building and Renovations What permits do I need to build in Sidney? What permits do I need to renovate in Sidney? How do I arrange a building inspection? What approvals are required to enclose the balcony on my condo? Do I need a Building Permit or Development Permit to construct a seawall on my property? How can I find out if my property has any archaeological significance? My Property What is zoning? What is the Official Community Plan (OCP)? What is the Downtown / Downtown Waterfront Local Area Plan (LAP)? How do I find out my zoning and/or OCP designation? What is a Development Permit? How can I find out if I live in a Development Permit Area or not? What is a Development Variance Permit? What other information should I know about my property? Community Development and Planning How do I find out more about development happening in my neighbourhood? How can I get an idea of the future of my neighborhood? Whom should I contact if Town property, or something on Town property, needs attention? Whom should I contact if I want to advise the Town about a bylaw infraction? Whom should I contact after hours, or in an emergency? Businesses Do I need a Business Licence? How do I get a Business Licence? Trees and Landscaping What trees are protected in Sidney? Do I need to contact the Town regarding tree removal on my property? How do I go about removing a tree from a Development Permit protected property? Can I trim or cut Town-owned trees? A tree is posing an immediate danger to my property. Do I still require a tree-removal permit? What is required to make changes to the landscaping around my condo? Parking Whom should I contact regarding a parking infraction? How do I find out how many parking spaces I need to provide on my property? Signs What permits do I need to put up a sign in Sidney? What kinds of signs are permitted in Sidney? Building and Renovations What permits do I need to build in Sidney? A Building Permit is required for all new construction in Sidney. In addition, for developments located in a Development Permit Area, a Development Permit is also required. Certain properties may also require permits from other levels of government. Please contact the Development Services Department at 250-656-1725 to determine what permits are necessary. (See also the Guide to Building Permits and a detailed explanation of Development Permits below.) What permits do I need to renovate in Sidney? Depending on the location and extent of the renovations, a Building Permit and/or a Development Permit may be required. While in some instances minor cosmetic renovations (such as replacing cabinets and painting) will not require a Building Permit, renovations that involve new foundations, moving interior walls, relocation of plumbing or other structural changes do require a Building Permit. Renovations to the exterior of a building that is located in a Development Permit Area, or alterations to a building footprint and/or landscape alterations in Environmentally Sensitive Areas will also require a Development Permit. How do I arrange a building inspection? To arrange an inspection, please contact the Development Services Department 24 hours in advance of your desired date/time at 250-656-1725. What approvals are required to enclose the balcony on my condo? In most cases, enclosure of a balcony will require a Building Permit, Development Permit and approval from the Strata Council of the building in question. Do I need a Building Permit or Development Permit to construct a seawall on my property? Seawalls require a Building Permit, and in areas designated as Development Permit Areas a Development Permit may also be required. Please review the Town’s Marine Retaining Wall Policy available at the Town Hall for the requirements associated with constructing a seawall on waterfront properties in Sidney. How can I find out if my property has any archaeological significance? There are several known archaeological sites, as well as many sites with significant archaeological potential, within the Town of Sidney. Because archaeological sites are protected by the Province’s Heritage Conservation Act and may not be altered without approval from the Archaeology Branch, the Town requires confirmation from the Archaeology Branch that their requirements for site assessment and site impact management have been met by the property owner before a Building Permit can be issued. Contact the Archaeology Branch via their website to request information related to your property. Back to Top My Property What is zoning? Zoning is a regulatory tool that divides land within the municipality into specific areas, or zones, based on land use types. The Zoning Bylaw identifies permitted uses on properties throughout Sidney as well as regulates where a building may be located on a property (setbacks, lot coverage, height, etc). Zoning is also one of the tools that municipalities use to put into effect the long-term vision of a community as expressed through its Official Community Plan. While the rezoning of a property can be approved by Town Council (rezoning changes the use or density of a property; for example, to increase the number of residential units) the zoning of a property must be consistent with the property’s corresponding land use designation in the Town’s Official Community Plan. What is the Official Community Plan (OCP) In British Columbia, the Local Government Act and the Community Charter require all municipalities to prepare and adopt an Official Community Plan (OCP). An OCP is a bylaw that sets out the broad objectives and policies that help guide decisions on planning, land use and provision of municipal services in the community. An OCP provides a degree of certainty about the location and nature of community change to residents and property owners and provides a framework for guiding and managing future development and growth. In doing so, it outlines the general framework for all of the key issues that concern a municipality, including: The identification of lands for residential, commercial, recreation, public utility and other land uses; The establishment of objectives and policies to protect environmentally sensitive areas, and promote environmentally responsible development; The development of policies promoting community economic development; The creation of policies to address public infrastructure (such as roads and parks); The identification of the community’s social and cultural values; and, The development of goals and objectives to ensure appropriate urban design and physical development. The OCP can be amended only after a process of public consultation considered to be appropriate by Council and a Public Hearing in accordance with the Local Government Act and the Community Charter. The OCP is also linked to the Capital Regional District’s Regional Growth Strategy as a component of a larger vision for the long-term future of the region. What is the Downtown / Downtown Waterfront Local Area Plan (LAP)? The Downtown / Downtown Waterfront Local Area Plan (LAP) is an addendum to the Town’s Official Community Plan, and was developed in order to maintain and enhance the qualities and physical attributes of Sidney’s downtown and downtown waterfront areas. Development of the LAP involved an extensive public process, including open houses, a design workshop and finally a design charette in 2008. The LAP provides direction for the downtown and downtown waterfront areas through policies related to urban design, pedestrian and traffic flow, enhancing the character and diversity of Sidney’s downtown and providing high-quality civic and public spaces. How do I find out my zoning and/or OCP designation? Check the zoning map and OCP map to determine your property’s zoning and OCP designations, or contact the Development Services Department at 250-656-1725. What is a Development Permit? A Development Permit is a permit issued by the Town of Sidney in order to regulate specific aspects of development. Under the Local Government Act, a municipality may designate Development Permit Areas in its Official Community Plan for one or more of the following purposes: protection of the natural environment; protection of development from hazardous conditions; protection of farming; revitalization of an area in which a commercial use is permitted; and establishment of objectives for the form and character of intensive residential, commercial, industrial and multi-family development. In Sidney, typically the Development Permit process will control the form and character of development (exterior design, landscaping, siting, building finishes and colours) and ensure that environmentally sensitive areas within the Town are protected through the course of development on the site. There are two categories of Development Permit: Major and Minor. Major Development Permits are approved by Town Council and involve new construction or redevelopment projects which include an increase in the Gross Floor Area of a building. Minor Development Permits are approved by staff and include Development Permits involving environmental sensitivity, exterior (façade) modifications not including an increase in Gross Floor Area and changes to landscaping in applicable areas. How can I find out if I live in a Development Permit Area or not? Check the Development Permit Area map, or contact the Development Services Department at 250-656-1725. What is a Development Variance Permit? A Development Variance Permit is a permit issued at the approval of Town Council to vary the regulations of the Zoning, Subdivision and Development, or Sign Bylaws for non-conforming development proposals. If a project does not conform to a regulation in one of these bylaws, a Development Variance Permit is required before a Building Permit or Sign Permit can be issued. A Development Variance Permit can not vary the use or density of a property. If approved by Council, a Development Variance Permit is registered on the property with the Land Titles Office. What other information should I know about my property? To inquire about specific information regarding your property, please contact the Development Services Department at 250-656-1725. Back to Top Community Development and Planning How do I find out more about development happening in my neighbourhood? To find out more about development in your neighbourhood, please contact the Development Services Department at 250-656-1725. Staff can provide some information on development projects for which there is a Building Permit or Development Permit. How can I get an idea of the future of my neighborhood? The Town’s Official Community Plan (and map) provides a long-term vision for the future of Sidney’s neighbourhoods. The OCP is divided up into specific sections which address Sidney’s various neighbourhood types, including residential, commercial, industrial or other areas. For specific information regarding urban design, density, transportation initiatives or other planning-related inquiries, please contact the Development Services Department at 250-656-1725. Whom should I contact if Town property, or something on Town property, needs attention? To report a maintenance concern to the Engineering Services Department regarding Town property, please submit a Request for Service online, by phone at 250-656-4502, or in person at the Town Hall. Whom should I contact if I want to advise the Town about a bylaw infraction? To advise Bylaw Enforcement about a bylaw infraction or to register a complaint, contact the Development Services Department by visiting the Town Hall or calling 250-656-1725. *Please note that all complaints regarding animals, including dogs, should be brought to the attention of the CRD Animal Control at 250-478-0624.* Whom should I contact after hours, or in an emergency? For after hours concerns or in an emergency (such as to report a water main break) please call the Town Hall’s general number at 250-656-1184 and press 8 to connect with the after hours answering service. The appropriate Town staff member will be contacted and ensure that the situation is addressed. For emergencies which require the police, ambulance or fire department, please dial 911. Back to Top Businesses Do I need a Business Licence? Yes. All businesses that are either based in or do business in Sidney require a Business Licence. How do I get a Business Licence? To obtain a Business Licence you must complete an application form and pay the Licence fee. New applications in a commercial location require an inspection from Sidney’s Business Licence and Fire Inspectors prior to the issuance of a Licence. Depending on the nature of the business additional items may be required. For example, businesses that involve food require approval from the Vancouver Island Health Authority (VIHA). To discuss the requirements that pertain to your proposed business activities please visit the Town Hall or contact the Development Services Department at 250-656-1725. Back to Top Trees and Landscaping What trees are protected in Sidney? The Town’s Tree Preservation Bylaw lists four protected tree species: any Douglas Fir (Pseudotssuga menziesii) with a diameter of 30 cm (12 inches) or more; Arbutus (Arbutus menziesii); Dogwood; and any Garry Oak tree with a diameter of 20 cm (8 inches) or more. Also protected are: any tree noted as a replacement tree; any tree shown "as to be retained" on a plan attached to and forming part of a Development Permit; and, trees planted that were identified on a landscape plan forming part of a Development Permit. Do I need to contact the Town regarding tree removal on my property? Yes. While some trees may not require a Tree Removal Permit, Town staff will confirm the species of the tree in order to prevent the accidental removal of a protected species of tree and the possibility of associated fines. How do I go about removing a tree from a Development Permit protected property? Trees in Sidney that are located on properties in a Development Permit Area may require an approved Development Permit and Tree Removal Permit prior to removal. As noted above, the Town’s Tree Preservation Bylaw protects trees identified on a landscape plan forming part of a Development Permit registered with the Land Titles Office, and as such may not be removed without first amending the landscape plan (via a Minor Development Permit). Trees on properties listed as environmentally sensitive in the Official Community Plan may also be protected under the Development Permit process where the tree is an important part of the ecosystem and natural habitat. Can I trim or cut Town-owned trees? No. If you feel that a Town-owned tree (trees located on boulevards or in parks, etc) requires pruning or removal, please submit a Request for Service online, by phone at 250-656-4502, or in person at the Town Hall. A tree is posing an immediate danger to my property. Do I still require a tree-removal permit? The Superintendant of Parks for the Town may authorize that a tree posing an immediate danger to property be removed without a permit. Submit a Request for Service online or contact the Parks Department at 250-656-4502 (also after hours or in an emergency) to arrange an assessment of the tree. What is required to make changes to the landscaping around my condo? Condominium and apartment buildings are designated as multi-family buildings in the Town’s Official Community Plan, and as such, require a Development Permit for any alterations to the exterior "form and character" of the building, which includes the landscaping, fencing and parking/walkway areas. Back to Top Parking Whom should I contact regarding a parking infraction? Contact the Development Services Department by visiting the Town Hall or calling 250-656-1725. How do I find out how many parking spaces I need to provide on my property? The Town’s Off-Street Parking & Loading Bylaw provides detail on the number of parking spaces required, based on the use(s) on the property. Table 4.11.3 (page 8) lists the requirements by land use type. Note that the bylaw also specifies other parking requirements, such as the permitted dimensions (page 7) and location of parking spaces on a property. Signs What permits do I need to put up a sign in Sidney? Most types of signs require a $50 Sign Permit (fee is per sign) which generally takes a few days to process, assuming a complete application package. Exceptions to this are Sandwich Board Signs ($100 Sign Permit fee) and Temporary Signs ($20 Sign Permit fee). What kinds of signs are permitted in Sidney? Detailed information on what signs are permitted in specific areas of Sidney can be found in the Guide to Signs and Sign Permits and the Sign Bylaw (and map). Note that the Sign Bylaw also specifies several sign types that are not permitted in Sidney. Back to Top