Menu

Land Use Contracts

Sub-Menu

Land Use Contracts – A Background

During the 1970’s, provincial legislation allowed a local government to enter into Land Use Contracts (LUC) with property owners. LUCs were zoning, development permits, subdivision layout approval, Development Cost Charges (DCC) and engineering servicing agreements all contained within one document. The generally accepted reason for the enactment of LUCs was to allow municipalities the ability to create site-specific zoning regulations to control form and character of buildings, landscaping and to allow municipalities to enter into servicing agreements with developers for off-site works. Prior to LUCs, municipalities had limited options to control the form and character of development, require landscaping, collect DCCs and require off-site engineering works.

Similar to Restrictive Covenants, LUCs were registered to the title of lands and could only be amended or terminated by agreement of the District and landowner. Most properties regulated by a LUC have a notation on title indicating the property forms part of a LUC. The legislation authorizing LUCs was repealed in 1978; however, LUCs approved prior to this date remain in effect.

A review of Land Titles Office (LTO) and District mapping data confirm that a total of twenty-seven (27) LUCs remain affecting some 600 properties (fee-simple lots, strata units & rental units) owned by over 800 property owners.

Due to the amount of properties affected, a comprehensive process is required to ensure the orderly conclusion to LUCs in the District.

On November 20, 2017, District of Mission Council directed staff to initiate a process for the early termination of LUCs and a review of the zoning on affected properties.

Read the Frequently Asked Questions

Jump Directly to the list of Land Use Contracts

Frequently Asked Questions

What is a Land Use Contract (LUC)?

From 1973 to 1978, provincial legislation allowed a local government to enter into a LUC with property owner.  A LUC was a type of contract approved by Council that governs the use and development of a property and can contain specifics on land use, building siting and density including details on development permit provisions, subdivision layout approvals, development cost charges (DCC) and engineering servicing agreements, all within one document.

The generally accepted reason for the enactment of LUCs was to allow municipalities the ability to create site-specific zoning regulations to control form and character of buildings, landscaping and to allow municipalities to enter into servicing agreements with developers for off-site works. Prior to LUCs, municipalities had limited options to control the form and character of development, require landscaping, collect DCCs and require off-site engineering works.

For more information on LUCs in Mission see the staff report to Council on Page 34 of the November 20th agenda package.

Where can I find more Information on LUCs?
Why is Mission reviewing zoning and LUCs?

In 2014, the Province passed legislation that terminates LUCs on June 30, 2024 and directs municipalities to ensure zoning is in place for the affected properties by June 30, 2022.

As a result, a comprehensive review of all LUCs and the associated zoning is required.

On November 20, 2017 Council directed staff to proceed with the LUC termination project. This project involves the early termination of all LUCs in the District and a review of the zoning.

Number of Applications per month presented to Council (Average) Start Open House #1 Open House #2     (Estimate) Final Report to Council (Estimate)
2 per month January 2018 January 2018 September 2018 June 2019
Who will pay for the termination of a LUC and any associated rezoning?

District of Mission will bear all costs associated with a District initiated termination of a LUC and associated rezoning.

Should the property owner choose to proceed ahead of the process, the property owner will bear all costs associated with the termination of a LUC and associated rezoning.

Does the District require authorization for the termination of a LUC?
No, provincial legislation enacted in 2014 allows the District to terminate LUCs without authorization from the property owner prior to the end date of June 30, 2024.
How is the District notifying property owners?
Affected property owners will be notified of a public information meeting by mail. The feedback gathered during this meeting will be collected and reviewed by the Development Services Department to assist in formulating a recommendation to Council. Affected property owners will also be notified of the Public Hearing related to the LUC affecting their property. At the Public Hearing, affected property owners and neighbours will have the ability to address Council directly.
Does a LUC termination make it easier for a developer to redevelop my property?
No, the development approval process will remain the same. A developer who wants to redevelop your property will have to obtain your consent to allow any redevelopment to occur. If the developer receives your consent, the developer will have to submit a development application to the District and go through the regular development application approval process.
What if I want to construct a new dwelling on my property that meets Land Use Contract but not the Zoning Bylaw?
The Land Use Contract will continue to regulate what you can build on your property until the in-effect date approved by Council. If the land owner feels the in-effect date will cause undue hardship, the property owner has the right to appeal the date of the bylaw to the District’s Board of Variance (BoV).
If the LUC for my property does not get terminated, does the LUC go on forever?
No, as per Provincial legislation, all LUCs in British Columbia will terminate on June 30, 2024.

Land Use Contracts by Address

All land use contracts within the District of Mission are provided below by address. Each PDF includes a map showing the property, the land use contract, and any amending contracts for that property.