2024 Planning Legislation Changes
At the end of 2023, the B.C. Government passed several new pieces of legislation that apply across the province and impact the City of Kelowna’s land use planning framework. The intent of the provincial updates is to fulfill the Homes for People plan priorities to aggressively close the gap between housing supply and demand in BC. Local Governments are required to update their bylaws by summer 2024 to meet the new provincial requirements.
Despite the generational shortage of housing and deteriorating housing affordability, the rate of homebuilding in B.C. has minimally increased since the 1990s. The Canadian Mortgage and Housing Corporation (CMHC) estimates 570,000 homes must be built in the province by 2030, which is double our current pace.
More information on the new provincial amendments, requirements and bills can be found here. If you have questions about the provincial mandates, contact the B.C. Planning and Land Use Management Branch PLUM@gov.bc.ca.
The City of Kelowna is committed to keeping our neighbourhoods and businesses informed about the Provincial changes, and will continue to provide updates on our website and social media platforms. Stay informed by signing up for e-updates from the City here.
A full copy of the amalgamated zoning bylaw including recent amendments, please click the button below. Changes were made to most residential zones to allow increased density within the City of Kelowna's Permanent Growth Boundary.
ZONING BYLAW
On April 22nd, 2024, Council adopted changes to the Development Application and Heritage Procedures Bylaw No. 12310, changes to the Development Application and Fees Bylaw No. 12552, and changes to various Council policies including Council Policy 367 - Neighbour Notification & Information on Development Applications. This suite of changes addresses new Public Hearing procedures, several improvements to processing of Development Applications, and revisions to Policy 367 to align with new Public Hearing procedures. The full report and Staff presentation is available on the April 15th, 2024, PM Council agenda.
The following table is intended to provide a quick reference to illustrate the new rules, what is already being done, what changes are to come, and what to expect from the City of Kelowna in response to these provincial mandates.
| New Rule | Detail | Is this already in effect in Kelowna? | What does this mean? |
|---|---|---|---|
| Bill 44: Small-scale multi-unit housing | Suburban Areas: Up to 4 units permitted on one lot. Core Areas: Up to 5 or 6 units permitted on one lot. More than 4 units will only be possible on a limited number of large lots which can accommodate adequate parking. | Council adopted Zoning Bylaw Amendments on March 18, 2024, to implement this legislation. | An incremental increase in single dwelling lots redeveloped with two, three or four units, due to an easier process. The alternative scenario is lot consolidation and rezoning, where mature neighbourhoods could see an increase in neglected and vacant properties, as individual owners anticipate selling to allow a much larger scale of redevelopment.
|
| Bill 46: New Development Finance Tools | Development Cost Charges and Levies (DCCs), Amenity Cost Charges (ACCs) | Yes. Kelowna already has established fixed DCCs to help fund costs associated with new development. | No change. |
| Housing Needs Reports (HNR) | Must be completed and/or updated. | Yes. HNR was completed in 2023. An interim update must be completed by January 1, 2025. | An interim update must be completed by January 1, 2025. The update will be required to project housing needs for 20 years, the current HNA is for 10 years. |
| Official Community Plans (OCP) | OCPs will need to be updated every 5 years. | The 2040 OCP was adopted in 2022. | An update to the 2040 OCP is required prior to the end of 2025 to consider the most recent housing needs report and the anticipated housing needs over a period of 20 years. |
| Zoning Bylaws | Align zoning bylaws with HNR and OCPs | Adopted by Council on March 18, 2024. | More neighbourhoods within the Permanent Growth Boundary will be able to develop up to 4 or 6 units on a single lot. |
| Public Hearings | Public hearings for rezonings are prohibited if the proposal is in alignment with the OCP. | Council adopted changes to the Procedures Bylaw to implement this change on April 22, 2024. | Kelowna has revised Council Policy 367 - Neighbour Notification & Information on Development Applications to reflect these changes. A focus was placed on having meaningful engagement with the public on applications that trigger a public hearing such as an OCP Amendment. The revised policy is on our website here. |
Bill 47: Transit Oriented Areas (TOA) | Within 200m of the Transit Exchange, maximum building heights will be 10 storeys. Within 400m, 6 storey buildings are permitted. View map. | The four TOA areas are now in effect through zoning bylaw amendments adopted on March 18, 2024. These areas include Rutland Transit Exchange, Hospital Transit Exchange, OK College Transit Exchange, and Orchard Park Mall. | OCP Amendments are currently in stream to update the height maps as they relate to TOA areas. A Public Hearing on the OCP Amendments is scheduled for May 14, 2024 at 4 pm in Council Chambers at 1435 Water St. |
| Parking in TOA Areas | No required parking for residential land uses. | Zoning Bylaw amendments to adjust parking requirements were adopted on March 18, 2024. | Within 400 m of one of the identified TOA areas, there are no minimum parking requirements for residential (this includes visitor parking). |
Across B.C., this is considered a sweeping change, and many municipalities are struggling to meet the new requirements. Over the last twenty years, the City of Kelowna has already been incrementally addressing many of these new planning rules.
Kelowna is geographically constrained by the lake, mountains, and agricultural lands – the reasons this is such a desirable place to call home - and we have had to use our land and natural resources responsibly and efficiently. In doing so, the City has managed to limit tax increases for residents and businesses. As a municipality and as a community, we are in a strong position to manage these changes and meet all mandated timelines.
On March 18, 2024, Council adopted amendments to the Zoning Bylaw to implement Small-Scale Multi-Unit Housing (SSMUH) and Transit Oriented Areas (TOA). A web version and full version of the Zoning Bylaw is available here. You can review the Staff Power Point for an overview of the changes to Suburban, Rural, and Agricultural properties here. You can review the Staff Power Point for an overview of the changes to the Core Area Neighbourhoods and Transit Oriented Areas here.
On April 22nd, 2024, Council adopted changes to the Development Application and Heritage Procedures Bylaw No. 12310, changes to the Development Application and Fees Bylaw No. 12552, and changes to various Council policies including Council Policy 367 - Neighbour Notification & Information on Development Applications. This suite of changes addresses new Public Hearing procedures, several improvements to processing of Development Applications, and revisions to Policy 367 to align with new Public Hearing procedures. The full report and Staff presentation is available on the April 15th, 2024, PM Council agenda.
On May 13, 2024, Staff brought forward a progress report to Council on the Heritage Conservation Area (HCA) Development Guidelines review that incorporates the new provincial legislation. The HCA guidelines were outdated and a process to update them began last year, prior to the new legislation. The HCA is not exempt from legislation requirements meaning that about three quarters of the HCA will allow for up to 4 dwelling units under the RU1 - Large Lot Housing zone, and the remaining quarter falls within the Transit Oriented Area that permits up to 6 storeys of multi-family under the MF4 - Transit Oriented Areas zone. All form and character permits are subject to review with the HCA development guidelines. For an overview of the HCA Guidelines Update please visit the Heritage Planning page.
The City has recently adopted a new bylaw in addition to provincial regulations. For more information, visit our Short Term Rentals page.
Bill 44 governs minimum residential densities, new zoning processes, and municipal planning requirements. To learn more, check out the Provincial Policy Manual.
Bill 47 governs density, height, and parking within 400 m of a prescribed transit exchange. To learn more check out the Provincial Policy Manual.
How to use:
- Enter your address in the "Find address" bar and press the search icon.
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- Swipe the navigation bar (white line with three lines in centre) from the left to right to see changes.
- Brown outlines = original zoning
- Green outlines = proposed zoning to reflect provincial legislation
