May impose building restrictions. Zoning by-law provisions. by by-law, without submission to the ratepayers, dispose of the same on such terms and subject to such building and other restrictions or easements as the Council deems advisable. (4.) In lieu of acquiring title to any such lands the Council may by agreement with the owners or by expropriation acquire the right to cause to be imposed upon the lands or to be created such building restrictions or easements as might have been imposed or created if the municipality had acquired the title. (5.) Any expenses incurred in acquiring additional lands or in imposing or creating building restrictions or easements shall be met as part of the project, and the proceeds of any sale or other disposition of the lands so acquired shall be applied, in so far as they are required, in reduction of the cost of carrying out the project. Zoning. 9. (1.) The Council of every municipality may by by-law make regulations and divide the municipality into districts of such number, shape, and area as the Council considers best suited for any of the following purposes: (a.) For designating certain districts within which it shall be lawful and certain other districts within which it shall be unlawful to erect, construct, alter, reconstruct, repair, or maintain certain buildings, or to carry on certain businesses, trades, or callings: (b.) For designating certain districts within which the height (c.) For prescribing building-lines and the area of yards, courts, uses: (e.) For prescribing as to any district the class of use of buildings or land that shall be excluded or subjected to special regulations, and designating the uses for which buildings may not be erected, constructed, altered, reconstructed, or repaired, or land used, or designating the class use of which only shall be permitted. (2.) The regulations in one or more districts may differ from those in other districts, but the regulations as to the height and bulk of buildings and the area of yards, courts, and other open spaces shall be uniform in respect of each class of buildings throughout each district. (3.) In determining the regulations to be made under this section, the Council shall have due regard to the following considerations:(a.) The promotion of public health, safety, convenience, and welfare: (b.) The prevention of the overcrowding of land and the preservation of the amenity of residential districts: (c.) The securing of adequate provisions for light, air, and reasonable access: (d.) The value of the land and the nature of its use and Occupancy: (e.) The character of each district, the character of the buildings already erected, and the peculiar suitability of the district for particular uses: (f.) The conservation of property values and the direction of building development. 10. Before passing a zoning by-law under section 9 the Council shall, if a Town Planning Commission has been constituted under the provisions of this Act, request such Planning Commission to recommend the boundaries of the districts and appropriate regulations and restrictions to be enforced therein, and the Commission shall proceed upon the principles laid down in that section for the guidance of the Council and shall make a report thereon. The Council shall not determine the boundaries of any district nor impose any regulations until after all persons who might be affected by the proposed by-law shall be afforded an opportunity to be heard on the matters covered therein before the Council at a time and place to be specified in a notice of hearing to be published by insertion in not less than two consecutive issues of a newspaper published or circulating in the municipality, so that the last of such insertions shall appear not less than three days nor more than ten days before the date fixed for the hearing. Planning Commis sion to report on zoning provisions. zoning by-law. 11. (1.) Any person desiring to secure the amendment or repeal Appeal under of a zoning by-law shall make application therefor to the Council, and the Council shall, if a Town Planning Commission has been constituted under the provisions of this Act, refer such application to the Commission for consideration and report. Before approving any amendment or repeal the Council shall give notice thereof by publishing a notice of hearing in like manner as provided in section 10. Such notice shall state the time and place at which the Council shall meet to consider the proposed amendment or repeal. (2.) At the time and place thus appointed the Council shall meet, and all persons whose property would be affected by such amendment or repeal may appear in person or by attorney or by petition, and 19 Height of buildings. Buildings exempted. after hearing such persons the Council may confirm, amend, or repeal the zoning by-law in whole or in part. (3.) If a protest against the proposed amendment or repeal is presented in writing to the Municipal Clerk not less than two days prior to the hearing, duly signed, by the assessed owners of at least twenty per cent. of the street frontage affected by the proposed amendment or repeal, or by the assessed owners of at least twenty per cent. of the street frontage immediately in the rear thereof, or by the assessed owners of at least twenty per cent. of the street frontage directly opposite the frontage so affected, such amendment or repeal shall not be passed except by an affirmative vote of not less than three-fifths of the members of the Council. 12. Where the provisions of any zoning by-law impose requirements for a lower height of buildings, or a less percentage of a lot that may be occupied, or require wider or larger courts or deeper yards than are imposed or required by existing provision of Statute or by-law, the provision of the zoning by-law shall govern; but where the provisions of the building code or other by-law or regulation of any municipality impose requirements for a lower height of buildings, or a less percentage of lot that may be occupied, or require wider or larger courts or deeper yards than are required by the zoning by-law, the provisions of such building code or other by-law shall govern. 13. (1.) The provision of a zoning by-law shall not apply to any building lawfully under construction at the time of the passing of such by-law. (2.) The lawful use of premises existing at the time of the passing of a zoning by-law under the provisions of this Act, although such use does not conform to the provisions of the by-law, may be continued; but if such non-conforming use is discontinued, any future use of those premises shall be in conformity with the provisions of the zoning by-law. (3.) The lawful use of a building existing at the time of the passing of a zoning by-law under the provisions of this Act, although such use does not conform to the provisions of the zoning by-law, may be extended throughout the building, but no structural alterations, except those required by Statute or by-law, shall be made therein. (4.) Where no structural alterations are made in a building of a non-conforming use, such use may be changed to a use of a similar or higher classification, according to the provisions of the zoning by-law. (5.) A change of tenants or occupants of any premises or building shall not be deemed to affect the use of the premises or building within the meaning of this section. 14. Property shall not be deemed to be taken or injuriously Property injuriously affected by reason of the passing of a zoning by-law under the affected. provisions of section 9. may be withheld. 15. Prior to the passage of a zoning by-law the Council may for Building permit a period not exceeding two months withhold, or authorize its proper officer to withhold, a building permit for any building when the Council is of opinion that the construction of the building in question might interfere with the work of zoning, or the Council may impose such conditions on the granting of the building permit as may appear to the Council to be in the public interest: Provided, however, that if a zoning by-law applicable to the district in which the building permit is applied for shall not be passed within the period of two months as aforesaid, the owner shall be entitled to compensation for damages arising from the withholding of such permit, in which event the provisions herein applicable to compensation for lands taken or injuriously affected shall apply. 16. (1.) Appeal shall lie in the following cases : (a.) By any person who is dissatisfied with the decision of any (c.) By any person claiming that owing to special conditions (d.) In any other cases where provision for appeal is made (2.) Such appeals shall be heard and decided by a Board of three, one to be appointed by the Council concerned, one to be appointed by the Lieutenant-Governor in Council, and the third shall be appointed by the other appointees and shall act as Chairman. (3.) In considering appeals the Board shall adhere to the spirit of the by-law, but may make such relaxations as special cases call for, and endeavour to see that substantial justice is done and that the interests of any individual are not unduly or unnecessarily sacrificed for the benefit of the community. (4.) Every zoning by-law shall provide for procedure in appeals to the Board. (5.) The decision in writing of all or of two members of the Board shall constitute the decision of the Board. No appeal shall be from the decision of the Board. Appeal in certain cases. Town Planning Commissions. Town Planning 17. The Council of any municipality may by by-law create a May create Commission, to be known as the ["Vancouver" or "Victoria," as Commission. the case may be] Town Planning Commission," to assist the Council in an advisory capacity in carrying out such of the powers and pro Personnel of Members to serve without remuneration. Chairman to be appointed. Joint sessions of visions of this Act as the by-law shall prescribe, and such by-law shall prescribe the procedure for dealing with such matters. 18. The Commission created by by-law shall be constituted as follows: In the City of Vancouver, of five ex-officio and nine appointed members; in the City of Victoria, of three ex-officio and nine appointed members; in other municipalities having a population by the last Dominion census of over five thousand, of three ex-officio and six appointed members; and in all other municipalities, of three ex-officio and three appointed members. The ex-officio members shall be the Mayor or Reeve, the Chairman of the board or committee charged with the administration of municipal parks, and the Chairman of the Board of School Trustees, if resident in municipality, or in case of a consolidated school district, a member of such Board residing within the municipality, nominated by such Board, and in the City of Vancouver shall also include the Chairman of the board charged with the administration of the "Vancouver and Districts Joint Sewerage and Drainage Act" and the Chairman of Vancouver Harbour Commissioners. The appointed members shall be appointed by the Council, and of those to be first appointed onethird shall be appointed for three years, one-third for two years, and one-third for one year; and in each succeeding year the vacancies of those whose term of office expires shall be filled for a term of three years. All appointments to fill casual vacancies shall be for the unexpired term. All appointed members shall hold office until their successors are appointed. No person shall be appointed who holds any municipal office. 19. (1.) No member of the Planning Commission shall receive any compensation for his services, other than allowances for actual expenses necessarily incurred in the discharge of his official duties. (2.) The Council may include in its annual estimates of expenditure such sum of money as it considers necessary to cover expenses of the Planning Commission. 20. The Planning Commission shall be presided over by a Chairman to be chosen by itself annually from among the appointed members; and the Commission may adopt rules for its procedure, including the fixing of a quorum, and may from time to time vary such rules by the vote of a majority of the members of the Commission. The Commission shall cause proper records to be kept of its proceedings, and may appoint a Secretary, and the expenditures of the Commission for all purposes shall be kept within the sum appropriated by the Council for the expense of the Commission. 21. Where a municipality in which a Planning Commission has been constituted has contiguous to its borders one or more municipalities also having a Planning Commission, it shall be competent for such Commissions to hold joint sessions for the consideration of |