Electoral Area "H" Zoning Bylaw Update

Background

On November 30, 2023, the provincial Legislature adopted Bill 44 (Housing Statutes (Residential Development) Amendment Act, 2023), which amended the Local Government Act (the “Act”) in order to facilitate the delivery of “more small-scale, multi-unit housing for people, including townhomes, triplexes and laneway homes, and fix outdated zoning rules to help build more homes faster.”

Under a new Section 481.3(7) of the Local Government Act, the Regional District “must consider applicable guidelines” made by the Minister (e.g. the SSMUH Policy Manual) when developing or adopting a zoning bylaw to permit the use and density of use required under to be permitted under the Act.

On December 7, 2023, the provincial government released the Provincial Policy Manual & Site Standards (the “Small-Scale, Multi-Unit Housing (SSMUH) Policy Manual”, or the “Manual”) as a resource to assist local governments with the implementation of zoning bylaw amendments required to comply with the changes to the Act.

The Manual includes recommended approaches to regulations governing building types, density, setbacks, building height, parcel coverage, vehicle parking requirements as well as the use of development permit area designations.

When considering these regulations, the province has advised that “creating a favourable regulatory environment for SSMUH housing to help overcome these barriers will require an openness to new building forms in areas traditionally reserved for detached single-family and duplex homes.”

In response, the Regional District is proposing to update the Electoral Area "H" Zoning Bylaw in its entirety in order to ensure compliance the new requirements of the Local Government Act as it relates to SSMUH and prior to the statutory deadline of June 30, 2024.  A copy of the Draft Zoning Bylaw is linked below.

Upon adoption of the bylaws, the Regional District is required notify the Minister of Housing, in writing, that the bylaw(s) have been adopted, the location(s) of any exempted land(s) and the legislative provisions supporting the exemptions.

Bylaw Status - Zoning Bylaw No. 3065, 2024, was adopted on July 25, 2024

DocumentsPublic EngagementRDOS Board Consideration

Draft Amendment Bylaws:

Electoral Area "H" Zoning Bylaw No. 3065

Schedule '2' (Zoning Maps)

Schedule '3' (Floodplain Maps)

Schedule '4' (Kennedy Lake)

(version - 2024-06-13)

 

Other Documents:

Provincial Policy Manual (SSMUH)

 

Zone Transition Table
(2024-04-22)

 

Comparison Tables of Zoning Regulations
Please See Links Below

 

Current Electoral Area "H" Zoning Bylaw:

Zoning Bylaw No. 2498, 2012

Schedule ‘2’ – Zoning Map

Schedule '2' – Zoning Map Insets

Schedule '3' – Floodplain Map No. 1

Schedule '3' – Floodplain Map No. 2

Schedule '3' – Floodplain Map No. 3

Schedule '3' – Floodplain Map No. 4

Schedule '3' – Floodplain Map No. 5

Schedule '4' – Kennedy Lake Recreational Use Areas

 

Superseded Versions:

Electoral Area "H" Zoning Bylaw No. 3065 
(version 2024-04-22)

Public Hearing:

Date: Thursday, July 4, 2024

Time: 9:00 a.m.

Location: 101 Martin Street,

Penticton, BC (in-person)
https://rdos.webex.com (computer)

Notice of Public Hearing

 

Public Information Meeting:

Date: Tuesday, May 28, 2024

Time: 7:00 pm

Location: https://rdos.webex.com  

Notice of Meeting

 

Question & Answer Session:

Date: Thursday, May 30, 2024

Time: 11:00 am - 2:30 pm

Location: Princeton Library, 107 Vermilion Ave, Princeton, BC

Notice of Meeting

Planning and Development Committee:

Administrative Report

PowerPoint Presentation

Video: www.youtube.com

Minutes (2024-06-13)

 

Bylaw Introduction (1st & 2nd):

Administrative Report

Zoning Bylaw No. 3065

Zoning Map Schedule

Floodplain Map Schedule

Kennedy Lake Map Schedule

Representations

Minutes (2024-06-13)

 

3rd Reading

Administrative Report

Zoning Bylaw No. 3065

Zoning Map Schedule

Floodplain Map Schedule

Kennedy Lake Map Schedule

Representations

Minutes (2024-07-04)

  

 

Public Hearing:

Public Hearing Report (2024-07-04)

Representations

 

 

 

Adoption:

Administrative Report

Zoning Bylaw No. 3065

Zoning Map Schedule

Floodplain Map Schedule 

Kennedy Lake Map Schedule

Minutes (2024-07-25)

 

Comparison of Current vs. Proposed Zoning Regulations

The following series of links provide a comparison of the various zoning regulations currently contained within the Electoral Area "H" Zoning Bylaw No. 2498, 2012, versus what is proposed in the draft Electoral Area "H" Zoning Bylaw No. 3065. 

NOTE: these are summaries that are subject to change and reference should be made to the current version of Bylaw No. 3065 for the full range of proposed regulations:

Zones General Regulations Other Regulations

Agricultural Three (AG3)

Administrative and Institutional (AI)

General Commercial (C1)

Conservation Area (CA)

Elkhart Lodge CD (CD3)

Commercial Recreation (CR)

Tourist Commercial One (CT1)

Industrial (Light) One (I1)

Industrial (Heavy) Two (I2)

Large Holdigns One (LHI)

Large Holdings Two (LH2)

Parks and Recreation (PR)

Resource Area (RA)

Residential Single Family One (RS1)

Residential Single Family Two (RS2)

Residential Manufactured Home Park (RSM1)

Small Holdings Two (SH2)

Small Holdings Three (SH3)

Small Holdings Four (SH4)

Small Holdings Five (SH5)

Watershed Resource Area (WRA)

Accessory Buildings & Structures

Accessory Dwellings

Agri-Tourism Accommodation

Bed and Breakfast Operations

Campgrounds

Carriage Houses

Composting Facilities

Exterior Lighting

Fence Heights

Fuel Storage & Distribution

Home Industries

Home Occupations

Keeping of Livestock & Honeybees

Kennel Facilities

Meteorological Towers

Prohibited Uses of Land, Buildings & Structures

Projections

Residential Occupancy of an RV

Retail Sales or Farm & Off-Farm Products

Retaining Walls

Screening and Landscaping

Secondary Suites

Setbacks for Strata Subdivisions

Signs

Temporary Residential Occupancy of an Existing Dwelling

Tourist Cabins

Uses Permitted in Every Zone

Definitions

Floodplain Management

Subdivision

Vehicle Parking