Land use contracts
During the late 1970s and early 1980s the Provincial Municipal Act permitted local governments to enter into agreements with property owners specifying site-specific land uses and conditions of development. These agreements are called Land Use Contracts which supersede any subsequent bylaw dealing with land use and development.
Although new LUC's are no longer permitted under provincial legislation, there are some still in effect such as LUC No. 258 (Shelter Cove / Timber Ridge).
Terminating the contracts
In 2014, the Province enacted legislation which stipulates that all LUC’s in BC will automatically be terminated on June 30, 2024. Local Governments are required to enact zoning regulations for all properties affected by land use contracts prior to June 30, 2022. The legislation also allows local governments with authority to unilaterally terminate LUC’s.
The Regional Board outlined the process locally in 2014.
Shelter Cove and Timber Ridge
As required by the Province, Regional District Community Services staff initiated a proposal to terminate LUC No. 258 and zone the subject properties under Zoning Bylaw No. 871. This also involved an amendment to the Rural Westside Official Community Plan. This bylaw amendment process has now concluded.
For a summary of the application process, please review the timeline provided in Figure 1 below.
Board Reports & Bylaws
- March 28, 2022 - 1st Reading - Report to the Regional Board and Presentation slides
- April 25, 2022 - Public Hearing - 2nd & 3rd Reading
- May 30, 2022 - Bylaw Adoption
- Aerial map of subject properties
- Land Use Contract Termination Bylaw No. LUC 258-06
- Zoning Amendment Bylaw No. 871-265
- Rural Westside Official Community Plan Amendment Bylaw No. 1274-09
Land use contract 258
The Shelter Cove community located at 4401 Westside Road is currently developed with various seasonal residential accommodation units. The Timber Ridge lands located upslope of Westside Road remain vacant. The existing structures were sited in accordance with LUC No. 258 and subsequent amendments (Bylaw No. LUCA-80-1).
Permitted uses currently under the LUC include:
- Not more than 463 recreational vehicle sites and 42 vacation home sites;
- One recreation building;
- One retreat building, designed to accommodate up to 110 persons;
- One swimming pool building and swimming pool;
- One administration building;
- One maintenance building;
- One lodge with staff accommodation; and,
- One sani-station.
Land use contract Bylaw No. 258 - Nov 1978
Land use contract Bylaw No. LUCA-80-1 - May 1981
Next steps
The Regional District of Central Okanagan will continue to accept Building Permit and Development Permit applications for uses permitted under LUC No. 258 until May 30, 2023. On May 31, 2023, LUC No. 258 will officially be terminated and the new zoning and permitted uses under Zoning Bylaw No. 871 and Rural Westside Official Community Plan will apply.
How do I get more information?
Contact Planning Services at 250-469-6227 or by email planning@rdco.com