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  • 2 (1) No bare land strata plan shall be approved by an approving officer unless
  • (a) it conforms to the relevant municipal or regional district zoning bylaws and development permits, and
  • (b) it complies with the Act, this regulation and rules made under section 75 of the Land Surveyors Act.
  • (2) Notwithstanding subsection (1)(a), where a zoning bylaw sets out minimum lot or parcel sizes, the approving officer may approve a bare land strata plan containing strata lots of less than the permitted size so long as
  • (a) the total area of the land in the bare land strata plan (exclusive of those portions intended to provide access routes) divided by the number of strata lots intended to be created is not less than
    • (i) where the bylaw specifies a minimum lot size but no average lot size, the minimum lot size so specified, or
    • (ii) where the bylaw specifies a minimum lot size and an average lot size, the average lot size so specified, and
  • (b) the approving officer is satisfied that a building or structure appropriate to the intended use can be constructed on each of the strata lots in compliance with the zoning bylaw, or in compliance with a development permit, where a development permit has been issued by the municipality or regional district.
  • (3) Nothing in this section authorizes the approving officer to approve a bare land strata plan containing a strata lot that is of a size less than the minimum size prescribed under the Local Services Act, where the land intended to be included in the bare land strata plan is subject to that Act.

[am. B.C. Reg. 307/83; B.C. Reg. 137/84; B.C. Reg. 207/2004.]