Delegated Public Hearing - RDNO Zoning Bylaw No. 3000, 2023

Type
Public Notice

RDNO Zoning Bylaw No. 3000, 2023

Notice is hereby given that a Delegated Public Hearing covering Regional District of North Okanagan Zoning Bylaw No. 3000, 2023 will be held in the Board Room of the Regional District of North Okanagan at 9848 Aberdeen Road, Coldstream, BC on Wednesday, January 24, 2024 at 1:00 p.m.  The Public Hearing for Bylaw No. 3000 has been delegated by the Board of Directors to the Electoral Area Advisory Committee under Section 231 of the Local Government Act.

Since its adoption in 2004 and in response to changing conditions and provincial legislation, Zoning Bylaw No. 1888 has been amended multiple times.  Zoning Bylaw No. 3000 has been written to replace Zoning Bylaw No. 1888 and to ensure that the language in the Bylaw is clear and up-to-date, that the format is user-friendly and that all sections are consistent with each other.  The Bylaw has also been written to reduce the number of commonly supported variance requests.  The Bylaw has also been written to minimize the creation of non-conforming situations and as such, the Bylaw does not propose to change the zoning designation of any properties, to change the uses permitted in the existing zones or to make the existing regulations associated with the siting, size and dimensions of buildings and structures more restrictive.

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, changes to Bylaw No. 3000 will be considered at a later date.

Section 479 of the Local Government Act states that a local government may adopt a zoning bylaw in order to divide a region into zones and to regulate within the zones: the use of land, buildings and structures; the density of the use of land, buildings and structures; the siting, size and dimensions of buildings and structures; and the shape, dimensions and area of all parcels of land that may be created by subdivision.  Other land use management and planning related to zoning is often included in such bylaws, and the proposed Zoning Bylaw No. 3000 continues the approach of including provisions related to off-street parking and loading, screening and landscaping, signage, floodplain, riparian, and campground regulations.

The following outlines some of the differences between Zoning Bylaw No. 1888 and the proposed 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:
  1. allowing a single family dwelling and a secondary suite on lots which are 0.4 ha or larger;
  2. allowing a single family dwelling and a secondary suite or a secondary dwelling on lots which are 1 ha or larger;
  3. 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.

For more information including a more detailed summary of the changes between Zoning Bylaw No. 1888 and Zoning Bylaw No. 3000, please see the Staff Reports below.

Related Documents

Regional District of North Okanagan Zoning Bylaw No. 3000, 2023

RDNO Zoning Bylaw No. 3000, 2023 - Schedule A (maps)

Written Submissions Received Prior to 9:00 am for the Delegated Public Hearing

Resolutions (all in one document)

Board of Directors - December 20, 2023 - Resolution 

Board of Directors - October 18, 2023 - Resolution

Board of Directors - March 22, 2023 - Resolution

Board of Directors - January 18, 2023 - Resolution

Staff Reports

Staff Report dated November 30, 2023 – Second Reading and referral to a Public Hearing

Staff Report dated September 22, 2023 – Referral Comments and First Reading

Staff Report dated February 22, 2023 - Draft RDNO Zoning Bylaw 3000 

You may provide input:

  • By e-mail: publichearing@rdno.ca  prior to 9:00 a.m., Wednesday, January 24, 2024;
  • By letter: to the address provided below, please ensure that letter is received at the RDNO office prior to 9:00 a.m., Wednesday, January 24, 2024;
  • In Person:  Attend the Delegated Public Hearing to present submissions; or
  • Via Zoom: Request a Zoom link to the meeting through our Corporate Services Department at corp@rdno.ca.

Be advised that:

  1. Your name and residential address must be included with your submission; and
  2. Written submissions provided will be included in a public meeting agenda and as such considered a matter of public information.

For more information please contact the Planning Department at (250) 550-3700 or planning@rdno.ca.