The Town of Sidney has completed a comprehensive update of the Zoning Bylaw to reflect the recently adopted Official Community Plan and new Provincial housing legislation. The new bylaw was adopted by Council on June 24, 2024 and comes into force on July 1, 2024.
Zoning Bylaw Update
Public engagement was an important part of the bylaw update process. Between April 26th to May 12th, community members were invited to provide input on the draft Zoning Bylaw. Approximately 350 people attended six in-person events held by the Town. Following this engagement period, Town staff reviewed community input and made a number of changes to the draft Zoning Bylaw.
On May 27th, Council considered community feedback and the subsequent revisions.
Changes to the Zoning Bylaw include, but are not limited to:
- Permitting the addition of secondary suites in single-family homes in multi-family residential zones (RM zones) and part of Galaran Neighbourhood zoned ‘West Sidney Mixed Use Village – Tier 1’ (M2 zone);
- Removal of a new requirement prohibiting surface parking for new developments on lots of 1,000 square metres or more in the Downtown Commercial Zone; and
- Limit of one residential unit per lot for new developments in Marine Industrial Zones on Harbour Road to preserve industrial use of these lands.
Council directed staff to bring the draft Zoning Bylaw back to the June 10 Council meeting where it was given first and second reading. A public hearing for the bylaw took place on June 24th, where the bylaw was subsequently adopted.
How does the draft Zoning Bylaw differ from the current Zoning Bylaw?
Some notable changes in the new Zoning Bylaw include:
- Implementation of Provincial housing legislation that requires that properties currently limited to single-family and duplex homes be permitted to accommodate up to three or four dwelling units, depending on lot size;
- New zoning around 14 rental apartment buildings in Sidney to ensure these properties continue to provide much-needed rental housing;
- Establishment of larger required setbacks for new development in Environmentally Sensitive Areas to support environmental protection; and
- Implementation of the West Side Local Area Plan in keeping with the Official Community Plan to facilitate workforce housing and commercial opportunities near Sidney’s industrial area.
Tips for understanding the zoning for your home
- Determine the zoning for your home by checking out the Zoning Map.
- Refer to Section 3 (page 19) of the Zoning Bylaw to understand the intent of the zoning.
- Refer to Section 4 (page 23) to learn about permitted uses for that zoning.
- Refer to Section 5 (page 52) to understand what could be built on that property if it were developed.
Timeline
The Planning Department began the work to review and update the Zoning Bylaw in March 2023. The project encompassed a complete review of all sections of the current Zoning Bylaw and the development of new regulations, with a focus on improvements to the natural environment, delivering options for affordable and attainable housing, action on climate, and implementation of other OCP policy.
Overview of Zoning Bylaw Adoption Process
Date
Type of Meeting/Activity
Details
April 15, 2024
Introduction of an initial version of the Draft Zoning Bylaw to Council for comment. The draft bylaw may be revised before the Community Engagement Period, if directed by Council.
April 22, 2024
Council discusses draft Zoning Bylaw further and consider approval of Committee of the Whole recommendation.
April 26 – May 12th
Community Engagement Period
Members of the public invited to attend Open Houses and learn about the draft Zoning Bylaw online or at Town Hall to provide feedback.
May 27, 2024 at 6pm
Staff provide report to Council on community feedback. Council recommends refinements to draft Zoning Bylaw based on community input.
June 10, 2024 at 6pm
Council considers giving first and second reading of Zoning Bylaw, which would then be referred to the Ministry of Transportation and Infrastructure for approval.
June 24, 2024 at 6pm
Public Hearing for Zoning Bylaw with third reading and adoption by Council.
Background
The Town’s former Zoning Bylaw No. 2015 – dates back to June 2012. For over a decade, it served to implement the vision of the Town’s previous Official Community Plan (OCP) and provide clear regulatory guidance for building and development. In 2013 it received a Gold Award from the Planning Institute of BC for its innovative structure and user-friendly graphics and explanatory text.
The adoption of a new Official Community Plan for the Town of Sidney in June 2022 articulated a refreshed vision for the community and included new planning policy, development guidelines, and land use designations. While some aspects of the new OCP will be delivered directly via Town-led projects or development applications, many others will rely on the implementation of a new Zoning Bylaw, consistent with the new OCP, to achieve the updated policy and planning directions (i.e. having zoning in place that matches the intent of the OCP will help to facilitate the achievement of the OCP objectives.)
Below are a few aspects of the Zoning Bylaw update that Council has already considered.
As part of the Homes for People Action Plan, the Provincial Government has recently made some significant legislative changes that affect municipal zoning bylaws, including Sidney’s.
The most significant change stemming from the Province’s new legislation is the end of single-family and duplex zoning in the Town’s Zoning Bylaw. By June 30, 2024, all single-family and duplex properties in Sidney will be permitted to accommodate up to 3 or 4 dwelling units (referred to generally as SSMUH) depending on lot size:
- Three units are permitted on lots that are 280 m² or smaller, and
- Four units are permitted on lots that are 281 m² or larger.
The configuration of housing units can be varied. One property owner interested in redeveloping their property might opt to build a duplex with two secondary suites. Another property owner might build a carriage home behind their existing single-family home to suit their family’s needs.
Housing development is costly, and some homeowners will not be interested in adding more housing to their property. It will be up to each individual property owner to decide if they want to make changes as a result of this new legislation.
You can check the size of properties in Sidney by using the online application SidneyMap.
The details of the updated zoning to allow these new uses will be in place by June 30, 2024 as per Provincial requirements. Planning Department staff are currently working on the required updates, along with the broader update to the Zoning Bylaw that has been underway since March 2023. Although the Provincially-mandated changes are not optional for municipalities, there will be an opportunity for the public to view the proposed changes this spring when the draft changes are made public. Other unrelated updates to the Zoning Bylaw will be open for the community to review and comment on as well.
With the pending expiry of the Summergate Village Land Use Contract on June 30, 2024, the current R4 zone will take effect on that date. However, planning staff are currently exploring a potential new zone that could apply to Summergate Village. More information about this can be found in the February 12, 2024 Staff Report to Council.
After considering the report, Council resolved to move ahead with amending the R4 zone to become a dedicated manufactured home zone to retain the current character of Summergate Village.
Staff Reports:
- Introduction of the Draft Zoning Bylaw (Bylaw No. 2275) and Next Steps (April 15, 2024)
- Schedule for Completion of the Zoning Bylaw Update (March 11, 2024)
- Provincial Housing Legislation and Impacts on the Zoning Bylaw Update (January 22, 2024)
- Proposed Approach to Updating the Town of Sidney Zoning Bylaw (March 27, 2023)