ZONING

Zoning

the division of a region into separate districts with different regulations for land use

-OCPs divide the area within a local government’s boundaries into land use designations, which designate current or intended future use of a property.

-Zoning bylaws regulate only current land use (i.e., how the land may be used now) and divide the local government into land use zoning districts, commonly referred to as zones.

The Zoning Bylaw

-usually consist of three parts:

1. the official map which shows the location of each zone;

2. general administrative and interpretation sections applicable to all or most zoning districts; and

3. regulations applicable to each particular zoning district, such as what uses are permitted.

-The official zoning map depicts the location of each zone,

-The zoning districts are usually identified on the map by symbols that abbreviate the name of the district

-for example, residential single-family districts may be designated (R.S.).

-Where there is more than one district under a major land use classification, for example, different density zones for multiple-family residential district (R.M., from “Residential, Multiple Family”), additional subscripts will be used (e.g., R.M.-l, R.M.-2, R.M.-3, etc.).

-“A” refers to agricultural use, “R” is the basis for various residential uses, “I” is for institutional uses such as hospitals, and “M” is for industrial use. “CD” zones refer to “Comprehensive Development” zones which are site-specific zones for that particular parcel or parcels of land.

-Zoning district boundaries will usually follow property lines or the centre lines of streets and lanes.

-To avoid confusion, each municipality or regional district will usually have only one or two copies of the official zoning maps that are certified as being correct and up-to-date.

More frequently encountered restrictions in zoning bylaws

• Restrictions on the number of buildings on a lot: In most cases, the zoning bylaw will not permit more than one building on a lot but some allowance will be made for accessory buildings such as a garage or greenhouse; more commonplace in urban municipalities for a zoning bylaw to permit a secondary house, known as a “laneway” or “coach” house to be constructed on the same parcel as a single family dwelling.

• Set-backs and yards: buildings must be set back from the property lines and will contain the specific dimensions for these set-backs or side yard requirements in the different zones

• Height: usually limit the maximum height of buildings either in metres or in number of storeys.

• Density: frequently measured in terms of the total floor area of the building in relation to the size of the lot (“floor area ratio” or “floor space ratio”), or by the number of dwelling units per hectare or by prescribing the minimum lot area per dwelling.

• Home occupations: generally permitted in residential areas to allow for incidental income producing activities that are not a nuisance to the neighbours.

• Off-street loading and parking: required number of parking spaces or loading bays and minimum dimensions for parking bays.

• Signs: often regulate the size, design, and location of advertisement signs in the municipality.

Specific Regulations

-Many homes include “mortgage helpers” in the form of secondary suites to help owners address the high cost of housing in the province

-in BC, secondary suites occupied by extended family members (also known as “in-law” suites) are permitted.

-secondary suites, which are entirely self-sufficient from the principal single family home and which are occupied by unrelated individuals, might not be permitted under the zoning bylaw.

-an existing secondary suite may have been constructed without proper building permits and inspection. (“illegal suite”, “unauthorized accommodation” or “non-conforming suite”)

-The simplest method that a licensee can use to determine the legality of a secondary suite is to make an inquiry to the relevant local government.

-Another form of regulation through the zoning bylaw that has recently attracted attention is short-term tourist accommodation, such as AirBnB or VRBO.

-many local governments have implemented zoning rules which prohibit short-term accommodation, usually defined as stays less than 30 days.

Rezoning

-A zoning bylaw may be amended by a municipal council or regional district by passing a bylaw amending the existing bylaw.

-amendment: a change to an existing regulation, such as a zoning bylaw, authorized by a majority vote of an elected council or board

-A council or regional district may begin the rezoning process on its own initiative or, as is usually the case, upon receiving an application from a property owner.

-Any rezoning bylaw must be given three readings by the elected officials before final adoption, or in other words, the council or regional district board must vote in favour of the bylaw on four separate occasions.

-After a favourable first reading, and before the third reading, local governments must hold a public hearing about the bylaw

-It is only after the developer has either complied with all of these requirements or posted security with the local government to ensure that they will comply (generally by a letter of credit), that the council or board gives the bylaw its fourth and final reading.

-a municipality or regional district is not liable for any claim for compensation by a property owner as a result of passing, amending, or repealing a zoning bylaw (or OCP).