Zoning bylaws govern how development may occur in specified zones of the Regional District. This legal mechanism is used by local governments to promote orderly development and prevent conflict between land uses by dividing an area into “zones” and defining specific “permitted uses” for each zone. Zoning regulations typically include specific requirements for building height, size, setbacks from property lines, density, and minimum lot area, and are contained within a “Zoning Bylaw” that is adopted by a Council or Board of Directors
RDNO Zoning Bylaw No. 3000, 2023 was Adopted on February 7, 2024
At the Special Meeting of the Board of Directors held on February 7, 2024, the Regional District of North Okanagan Zoning Bylaw No. 3000, 2023 was Adopted. Zoning Bylaw No. 3000 applies to all Electoral Areas within the Regional District of North Okanagan except the Silver Star area of Electoral Area “C”.
Zoning Bylaw No. 3000 replaces Zoning Bylaw No. 1888 which was Adopted in 2004. Zoning Bylaw No. 3000 has been drafted to ensure that the language in the Bylaw is clear and up-to-date, the format is user-friendly and all sections are consistent with each other. The Bylaw has also been written to reduce the number of commonly supported variance requests and to minimize the creation of non-conforming situations. As such, the Bylaw does not change the zoning designation of any properties, the uses permitted in the existing zones or make the existing regulations associated with the siting, size and dimensions of buildings and structures more restrictive. Additionally, the changes in Zoning Bylaw No. 3000 will allow for increased flexibility related to number and form of dwelling units.
The following outlines some of the differences between Zoning Bylaw No. 1888 and the new Zoning Bylaw No. 3000.
- Removed provisions in the Residential and Small Holding zones related to the size and number of accessory buildings and replaced with lot coverage ratio.
- Increased maximum allowable height of accessory buildings and residential dwellings in Residential and Small Holding zones.
- Reduced setbacks to front and exterior side lot lines for dwellings in Residential zones and side yard setbacks in the Small Holding zone.
- Added language to reduce the need for lot frontage waiver applications for subdivisions.
- Added language to permit modular storage containers as accessory buildings in rural zones.
- Removed regulation that restricts the size of suites to 40% of a single family dwelling.
- Removed size restriction (90 m2) of secondary suites.
- Increased floor area for secondary dwellings from 75 m2 to 90 m2 within the Agricultural Land Reserve (ALR); decreased floor area for secondary dwellings within Electoral Areas “D” and “E” outside the ALR from 222 m2 to 186 m2; increased floor area of secondary dwellings from 90 m2 to 186 m2 outside the ALR in Electoral Areas “B”, “C” and “F”.
- Increased number of unrelated persons that may occupy a dwelling from 3 to 5.
- Removed minimum required size for dwellings in residential and rural zones.
- Increased number of dwellings units by:-
- allowing a single family dwelling and a secondary suite on lots which are 0.4 ha or larger;
- allowing a single family dwelling and a secondary suite or a secondary dwelling on lots which are 1 ha or larger;
- allowing a single family dwelling, a secondary suite and a secondary dwelling on lots which are 2 ha or larger.
- Added ALR boundary as a layer to the Zoning Maps.
- Added sections to clarify that agricultural uses are permitted on properties in the ALR.
- Added sections to clarify that subdivisions and uses not permitted in the ALR must comply with the Agricultural Land Commission Act.
- Added sections to require a minimum lot size of 8 ha for properties in the ALR or as approved by the Agricultural Land Commission (ALC).
- Reduced maximum required setbacks of agricultural buildings to residential zones from 60 m to 30 m.
- Increased the maximum allowable size of an agricultural cannabis production facility on properties in the ALR and in Electoral Area “D” from 500 m2 to 1,900 m2.
- Added provisions to allow agri-tourism accommodations in Electoral Areas “B” and “C”.
- Removed requirement for buffering between ALR lands and non-ALR lands.
Zoning Bylaw No. 3000 has not been written to address the new Provincial legislation (Bill 44) associated with small scale and multi-unit housing. To address this legislation, amendments to Bylaw No. 3000 will be considered prior to the June 30, 2024 deadline.