Zoning Bylaw Modernization

City proposes to modernize the Zoning Bylaw

Update March 28, 2023

THANK YOU to those that provided their feedback on the Draft Zoning Bylaw. The project team is now compiling the results and will report to Council in April or May. Please check back to this page for updates!

INTRODUCTION

The City’s Planning and Development department proposes repealing Zoning Bylaw No. 4832 and replacing it with Zoning Bylaw No. 5074; it will require a formal process of first and second readings of the bylaw, a public hearing, third reading of the bylaw, MOTI approval and final adoption.

Feedback opportunities are now available! Please read the information below and refer to the Summary Table of Zoning Bylaw Changes. Then, complete the feedback survey or ask a question of the project team in the Q&A section on this page.

BACKGROUND

Over the last few years, the council and the community have requested staff to address zoning items like accessory dwelling units, infill housing, multifamily dwellings, clarity on definitions and application of site regulations and conditions of use.

Given the change in land development applications from single-family to medium and higher-density dwelling types over the last few years, staff have identified many aspects of the existing Zoning Bylaw that challenge positive development and put-up barriers to address housing needs in the city.

The intent is for the Draft Zoning Bylaw No. 5074 to replace the current Zoning Bylaw No.4834.

OVERVIEW OF PROPOSED CHANGES

Staff have summarized these proposed bylaw content changes into a summary table divided into Section 3 Administration, Section 4 Definitions, Section 5 Establishment of Zones, Section 6 General Regulations and Housekeeping changes throughout the bylaw. You can read the summary table here.

Major topics addressed in the proposed bylaw:

• Secondary suites
• Accessory Dwelling Units (ADU)
• Day Care
• Fencing
• Density Calculations
• Density Bonusing
• Height

DETAILS

Section 3 proposed changes – Administration items

Staff are proposing to add clarification on how density is calculated. For low-density development such as single detached dwellings with carriage homes or garden suites, duplexes, or triplexes, units per hectare will be used and specified in each zone. A secondary suite in a principal dwelling is not considered a unit for density calculation.

Currently, residential zones use floor area ratio (FAR) to calculate density, where the best practice is units per hectare. Multifamily, commercial and industrial development density will continue to be calculated using floor area ratio.

Section 4 proposed changes - Definitions

Section 4 of the existing bylaw is where definitions are located. Staff have identified references to permitted uses that are not defined and added these to improve application and clarity by both staff and the public.

For existing definitions not aligned with recent legislation, staff have proposed updates for improved application and clarity for interpretation.

Finally, new definitions have been added to align with proposed Section 6 General Regulations changes, such as Accessory Dwelling Units. Definitions for different types of accessory dwelling units have also been proposed.

Section 5 proposed changes – Establishment of Zones

5.5 Permitted in all Zones

Staff have proposed daycare or other preschools be added to this list to provide flexibility for locations of this much-needed use. Licencing of this use falls under provincial jurisdiction, but the City would issue a business license requiring fire and building inspections for life safety items that fall under the B.C. Building code.

Section 6 proposed changes – General Regulations

Section 6.22 Accessory Dwelling Units

Staff propose adding sub-section 6.22 to permit accessory dwelling units on a single legal parcel, including a secondary suite, carriage house or garden suite. Definitions for carriage houses and garden suites are provided in Section 4 Definitions.

6.22.1 Secondary Suites

Staff are proposing revisions to existing regulations to encourage gentle infill housing and provide options for owners and renters to diversify the existing housing stock. Staff propose to remove the “owner-occupied” requirement and replace this with a need for the principal dwelling to be permanently occupied by a renter or owner. Staff have also added that the principal residence must be a “single real estate entity” to align with changes made in BC Building Code.

6.22.2 Carriage Houses and 6.22.3 Garden Suites

Staff have proposed site regulations for the location of these housing forms for the rear yard and proposed modifications to setbacks to permit this use.

6.7.6 Fencing

The existing text is ambiguous, and staff are clarifying that this section intends to limit open mesh, chain link, barbed and razor wire fences to Industrial zones (M1-4) and cemeteries, public playgrounds, parks, playfields and school areas.

6.28 Density Bonusing

Staff are proposing some minor alternations to the existing text for RM, and C-7 Zones to encourage the use of the provisions currently listed, which are; to encourage universally accessible housing units, affordable housing units and provision of amenities as per the Local Government Act section 482 (a) and (b). The density provisions will be removed from each zone and moved to the Section 6 General Regulations.

The proposed amendment will enable an applicant to choose a single bonusing provision without being required to satisfy every provision in the density bonus list. Each zone has a maximum permitted FAR with all density provisions being met. This requirement has been demonstrated to be difficult for an applicant to meet, resulting in not selecting the provision and abandoning density bonusing. Staff propose that an applicant be permitted to select a provision to encourage a diversity of housing options and create flexibility for the owner.

Currently, the provisions only permit up to an extra .5 in floor area ratio, which is not in line with best practices. Staff will review this again after the Official Community Plan (OCP) has been adopted and a comprehensive update to the Zoning Bylaw is underway.

6.29 Containers

Limits containers to Industrial(M) zones only.

Overall Proposed Changes – “Housekeeping” for the Bylaw

Throughout the existing Zoning Bylaw No. 4832 there are references to outdated sections of legislation that will be revised to the current section in the Local Government Act or Community Charter.

Summary of housekeeping items:

• Open space provisions have been moved from each zone to general regulations for ease of use and application.
• The naming convention of Family Dwelling has been changed to detached, semi or multi-unit dwelling for modernization.
• Home occupation use has been revised to allow an office in an apartment or condominium unit to support remote working options.
• Storey has been removed from height calculations as it created confusion in application and interpretation. Best practices are to use height in all zones.
• Formatting of the document has been done to modernize it and be more user-friendly for the public.

Reports with more information are included in the Documents section on this project page.