CLEARING COUNCIL CONFUSION
To cut through the confusion around what city council can and cannot do, BetterInfill hired a lawyer specialized in municipal law. Here is a summary of his findings:
LAWYER'S FINDINGS
1
Changing Bylaws
City council can change any of its bylaws, including zoning bylaws; district plans and policy; and the city plan. To do this, it must follow proper procedures, including advertising the proposed changes and holding a public hearing. City council could, for example, repeal the new zoning bylaw, district plans, and city plan, and replace them with the previous ones while it consulted with the public, as long as it followed proper procedures. Or it could restore the previous mature neighbourhood overlays requiring developers to work within neighbourhood contexts. The moratorium motion failed because it did not follow proper procedure.
2
Right to Sue
Neither developers nor homeowners have a right to sue the city for losses that result from zoning changes. If a property loses value because of changes to zoning, the owner cannot come after the city for compensation.
3
Development Permits
A developer who applies for a development permit is subject to any changes in the zoning bylaw until that permit is granted. An applicant for a development permit has no right to that development until the city approves it.
4
Reviewing Bylaws
Normally a council can only consider a bylaw once a year, but there are two exceptions. If a councillor who voted with the prevailing side changes their mind, they can bring forward a motion to revisit a bylaw in less than a year. And after a general election like the one coming October 20, the new council begins with a fresh slate: they can revisit any bylaw they want, as soon as they want.
