The Summergate Village Land Use Contract (LUC) Bylaw No. 627 is no longer in effect as of June 30, 2024, as per the 2014 amendment to the Local Government Act.
The regulations contained in Zoning Bylaw No. 2275 are now in effect as of July 1, 2024.
The Summergate Village Land Use Contract (LUC) Bylaw No. 627 was adopted by the Town of Sidney on July 18, 1978 to regulate land use and development in Summergate Village, a manufactured home park located in southwest Sidney.
A LUC differs from traditional municipal zoning as it is a contractual agreement between a property owner and a local government which appears on the property title, and allows for site-specific land use and development regulations.
Land use contracts were in use in BC from 1971 to 1978. Although the Summergate Village LUC does not include an expiry date in its text, the provincial government adopted legislation in 2014 that requires all land use contracts in British Columbia to expire on June 30, 2024.
As a replacement for the LUC, the Town of Sidney developed a new zone, the R4 zone (Summergate Village Residential), which applies to Summergate Village as of July 1, 2024. The R4 zone is included in the Town’s current Zoning Bylaw No. 2275 which currently governs land use and development throughout the rest of Sidney.
The Town understands that current and prospective residents of Summergate Village may have questions regarding the new zoning designation. Below is a summary of questions and answers pertinent to the expiry of the Summergate Village Land Use Contract and implementation of the R4 zone in its place.
If you feel that one of your questions still requires further explanation, please contact:
Questions & Answers
Summergate Village continues to be regulated by all Town of Sidney Bylaws and Policies, however, it is now also regulated by the Zoning Bylaw.
In addition, some Summergate Village properties are located within the Reay Creek Environmentally Sensitive Development Permit Area which requires that a Development Permit be approved before any changes can be made to the property. The Development Permit Area is a preexisting designation and is not affected by the expiry of the LUC or the adoption of the new zoning bylaw.
All of Summergate Village is covered by the Town of Sidney Official Community Plan.
Recent changes by the Province of BC to allow up to 6 units on a lot (Small Scale Multi-Unit Housing) do not apply to Summergate Village.
The following uses are permitted on properties in the R4 zone:
- Accessory Building, Structure, or Use (i.e. a shed)
- Single-family Dwelling
- Home Occupation
More information on the permitted and conditional uses in the R4 zone can be found within Section 4.2 of the Zoning Bylaw.
Recent changes by the Province of BC to allow up to 6 units on a lot (Small Scale Multi-Unit Housing) do not apply to Summergate Village.
Yes. A list of building regulations for the R4 zone can be found within Section 5 of the Zoning Bylaw.
Properties abutting Reay Creek Park are designated as part of the Reay Creek Environmentally Sensitive Area (ESA), and have additional restrictions on development outlined in the Town’s Official Community Plan.
A Development Permit and/or a Building Permit may be required when adding, removing or renovating a structure, or for altering the landscaping on your property if it is located within the Reay Creek ESA.
Yes. Both uncovered and covered sundecks and porches are required to follow the building regulations within Section 5 of the Zoning Bylaw.
Yes. The regulations for accessory buildings and structures can be found within Section 5.1.9 of the Zoning Bylaw
Yes. The regulations for landscaping can be found within Section 6 of the Zoning Bylaw.
Fencing, gates, or other lot line barriers/delineators will continue to not be permitted in the R4 zone.
Yes. Under the Zoning Bylaw, there are no regulatory differences between carports and enclosed garages, and both are permitted.
Manufactured and modular homes are permitted in the R4 zone, provided they comply with the CSA standard or the BC Building Code. Non-manufactured homes with foundations are not permitted in the R4 zone.
In most instances, yes. The R4 zoning regulations are created specifically for Summergate Village in order to accommodate the existing style of development and maintain a high standard of urban design.
While the majority of homes conform to the R4 zoning regulations, there may be instances where additions to modular homes, sheds, or irregularly shaped lots cause non-conformities with one or more Town bylaws.
In these such instances, existing structures which do not fully conform to Town bylaws but conformed to the previous Land Use Contract are deemed “legal non-conforming” under the Local Government Act. Legal non-conforming structures are permitted to be repaired, extended or alternated, provided that when completed, the works involve no further contravention of Town bylaws.
No. Summergate Village as a whole will continue to be privately owned. Individual strata lots will continue to be privately owned by Summergate Village residents, and all common areas and above/underground infrastructure will continue to be owned and maintained by the strata corporation.
Any changes to the assessed value of properties in Summergate Village would be made by BC Assessment Authority and not the Town of Sidney. The Town applies a common tax rate to all residential properties in Sidney, including Summergate Village, so any change to tax rates would be a result of property assessment changes made by BC Assessment.
It is possible that property values in Summergate Village may change under the new R4 zoning which in turn could lead to changes to property values and taxes.
Yes. Summergate Village will remain a bareland strata divided into individually owned strata lots and jointly owned common property.
The age and number of occupants allowed in a dwelling unit in Summergate Village were not regulated by the Land Use Contract. The current restrictions are established by the Summergate Village Strata Bylaw, which was developed and regulated by the Summergate Village Strata Council, not by the Town of Sidney.
If the Strata Council wishes to keep the current age or occupant restrictions in place, they may choose to do so. The Town’s Zoning Bylaw has regulations that prevent age restrictions as well as limiting the total number of unrelated occupants permitted in a dwelling unit (6 unrelated people).
No. The R4 zone permits only one-storey homes in Summergate Village, up to 7.0 metres (23 feet) in height.
Yes. Town of Sidney Council has the ability to amend the R4 zone regulations within the Zoning Bylaw, as well as other applicable regulations and bylaws affecting Summergate Village, through a bylaw amendment or a development variance permit process.
Yes. The Town of Sidney Off-Street Parking and Loading Bylaw No. 2140 permits recreational vehicles to be parked in a driveway on private property. Recreational vehicles can also be occupied for up to 4 weeks per year when parked in Sidney.
However, the Summergate Village Strata Council may impose additional regulations through strata bylaws.
No. The Strata Council is limited to enforcing the regulations within its own Strata Bylaws. The Town of Sidney is responsible for enforcing regulations within the Zoning Bylaw, as well as other Town bylaws.
Yes. The Strata Council may pass strata bylaws which can be either more or less restrictive than Town bylaws, within the powers provided under the provincial Strata Property Act. However, all residents in Sidney, including those living in Summergate Village, are required to comply with all Town of Sidney bylaws at all times.
A strata bylaw is not an exemption from a Town of Sidney bylaw. Moreover, it is the responsibility of the Summergate Village Strata Council to enforce any strata bylaws which impose stricter regulations than Town of Sidney bylaws.
No. The Zoning Bylaw does not restrict the use of building materials, or the colour and architectural style of a building.
The Town of Sidney does have Development Permit areas for architectural “form and character” that provide guidelines for architectural style and materials, however at present none of these Development Permit areas apply to Summergate Village.