Development Permit Areas

Chapter 13

INTRODUCTION

Land located within the municipality may be designated as a development permit area for single or multiple designations as permitted pursuant to the Local Government Act and the Resort Municipality of Whistler Act. This chapter establishes 10 Development Permit Areas (DPAs) for the following purposes:

• designated for protection of the natural environment, its ecosystems and biological diversity

• designated for protection of the natural environment, its ecosystems and biological diversity

• designated for protection of the natural environment, its ecosystems and biological diversity

• designated for revitalization of an area in which a commercial use is permitted; and
• designated for the establishment of objectives for the form and character of commercial or multi-family residential development

• designated for revitalization of an area in which a commercial use is permitted; and
• designated for the establishment of objectives for the form and character of commercial or multi-family residential development

• designated for the establishment of objectives for the form and character of commercial and mixed commercial/industrial development

• designated for the establishment of objectives for the form and character of multi-family residential development

• designed for the establishment of objectives for the form and character of intensive residential development

• designated for the establishment of objectives for the form and character of industrial development

• designated for the protection of development from hazardous conditions; specifically protection from wildfire

This chapter designates the areas that are subject to the above DPAs, provides the context and objectives for these DPAs and provides exemptions and guidelines applicable to each.

All development and all subdivisions (other than a subdivision of a building under the Strata Property Act) within a designated development permit area shall require a development permit, unless exempted. Refer to the Exemptions section of each DPA for exemptions specific to that DPA. Refer to the Guidelines section of each DPA for applicable guidelines.

Properties may be within more than one DPA, in which case, one development permit may be issued which addresses all relevant DPA guidelines.

Development permits issued may include any development conditions permitted by the Local Government Act, as appropriate to the DPA and development in question. Development permits are registered on title; therefore the specified conditions and requirements that development must adhere to “run with the land”, remaining in force until rescinded by the issuance of a new development permit.

DEFINITIONS

The following definitions apply to Chapter 13: Development Permit Areas only and are italicized in this chapter:

Coastal Western Hemlock (CWH) forest

Unmanaged lower elevation CWH forests largely greater than 300 years old.

core forest

Contiguous areas of unlogged forest that provide interior forest habitat that sustains the viability of the plant and animal communities that depend on its stable environmental conditions.

cottonwoods

Presence of large and old cottonwoods indicating the presence of riparian habitats and providing habitat for associated species.

development

Any of the following: alteration of land including alteration, disruption or destruction of vegetation; construction of, addition to, or alteration of a building or structure; and subdivision of land.

FireSmart® Assessment

An assessment of the risk of wildfire appropriate for a particular development using methodologies prescribed by FireSmart® Canada and prepared by a professional recognized by FireSmart® Canada as being qualified to conduct the assessment.

permanent structure

Any lawfully constructed or legally non-conforming building or structure that is a fixture on land and is placed or erected on a permanent foundation.

Qualified Environmental Professional (QEP)

An applied scientist or technologist preparing an environmental review or environmental impact assessment, if:

(a) the individual is registered and in good standing in B.C. with a recognized professional organization, acting under that association’s code of ethics and subject to disciplinary action by that association;

(b) the individual’s area of expertise is recognized in the environmental report’s terms of reference as one that is acceptable for the purpose of providing all or part of a report in respect of the particular development proposal that is being assessed; and

(c) the individual is acting within that individual’s area of expertise.

Riparian Ecosystem Protection Area

Land within 30 metres of the high water mark of a stream as mapped by the municipality and shown on Schedule J.

Sensitive Ecosystem Protection Area

Land which may contain species at risk habitat; ecosystems at risk; raptor’s nesting sites; core forest habitat; CWH forest; cottonwoods; and forested floodplain.

spiral pruning

The selective removal of branches, at the trunk of the tree, to produce a uniform, but thinner canopy density with an evenly spaced branch structure; spiral pruning does not alter the overall size or shape of the tree.

treated wood shakes

Wooden shakes or shingles which have been certified by the Underwriters Laboratory of Canada (ULC) as having a Class A or B fire retardant rating.

untreated wood shakes

Any wooden shakes or shingles which do not meet the definition of treated wood shakes.