Purpose

To provide a mechanism to create zones with land use regulations for a specific site within the County when the control by other zones would be inappropriate or inadequate, having regard to existing or future surrounding developments and to the interest of the applicant and the public.

Application

A Direct Control zone may only be used when the following conditions are met:

1. (a) the proposed development is, in the opinion of Council, considered appropriate for the site, having regard for the policies and objectives of the Municipal Development Plan and any other applicable statutory plan or policy; and
2. (b) the use of any other zone of this bylaw to accommodate the proposed development would, in the opinion of Council, result in potential conflicts with the scale and character of existing or future surrounding development, should the full development potential of such zone be utilized; or
3. (c) the proposed development is of a scale, character, or complexity requiring comprehensive planning and implementation that, in the opinion of Council, is of a unique form or nature not contemplated or reasonably regulated by another zone.

The application of this zone may be initiated through the Bylaw amendment procedure of section 2.3 of this bylaw; or Council may, after public hearing on any proposed amendment, amend a proposed Bylaw to a Direct Control zone, and pass the proposed Bylaw, where Council is of the opinion that the development circumstances of the proposed bylaw warrant the use of a Direct Control zone.

In addition to the application information required by this bylaw for an amendment as required by section 2.1 of this bylaw, the applicant shall also provide the following information:

1. (a) support rationale explaining why a Direct Control zone is desirable for the site, having regard for the conditions of application set out in section 15.1(2) above;
2. (b) text of the proposed zone, laid out in a format similar to the standard zones, which includes the general purpose of the zone (including whether it is a residential, commercial, industrial, etc. zone), a list of permitted uses for the site, a list of discretionary uses for the site; a list of subdivision regulations, a list of development regulations, and a list of any other regulations which apply in addition or instead of any regulation in this bylaw;
3. (c) documentation of the opinions and concerns of surrounding property owners and residents obtained through a public engagement program, and how the proposed development responds to these concerns, together with a summary of the methods used to obtain such input; and
4. (d) a site plan, and/or elevations may be required to be attached to a Direct Control zone as a Schedule, where, in the opinion of Council, the complexity of the proposed development is such that a site plan and/or elevations would be necessary to clarify or interpret the written regulations of a Direct Control zone.

Uses

In approving a Direct Control zone, Council shall specify the applicable uses in the Direct Control zone.

Regulations

Where this zone is applied, the development regulations shall be prescribed in the Bylaw applying the zone to the site.

The regulations of this bylaw, as they may be amended from time to time, shall apply to all development within sites designated as Direct Control, unless such regulations are specifically excluded or modified by the Direct Control zone.

A Direct Control zone may include a provision for the development officer to consider a minor variance to the regulations contained within the zone, where in accordance with section 2.8 of this bylaw.

Land Use Maps

All approved Direct Control zones shall be designated on the Land Use Maps by ‘DC’ followed by the next in a series of sequential reference numbers of Direct Control zones.

Table 15.1(A)  List of Direct Control Zones