BC government overrides cities to allow up to six homes on single-family lots

Artistic rendering of a concept for a single-family lot in Vancouver with multiplex of six units. (MA+HG Architects)

In a move that reminds municipal governments that they are creatures of the provincial government, the Government of British Columbia is making sweeping changes to enable more low-rise, multi-family residential developments.

It terms such building styles as “small-scale, multi-unit” buildings, such as townhomes, multiplexes, and laneway homes.

This is part of the provincial government’s sweeping changes overriding municipal government control over zoning and reforming various major review and approval processes that cities currently undertake. After first proposing such policy directions this past spring, the legislation was introduced today.

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The small-scale, multi-unit buildings policy on single-family lots will apply to municipal jurisdictions with a population of over 5,000 residents, which effectively applies to the vast majority of the province.

For lots currently zoned for single-family or duplex use, lots with an area size of smaller than 280 sq metres (3,014 sq ft) can achieve up to three units, while lots greater than 280 sq metres can achieve up to four units.

For lots larger than 280 sq metres located in close proximity to public transit stops with frequent service, up to six units may be permitted.

The provincial government will require municipal governments to update their zoning bylaws to enable such gentle densification in their single-family neighbourhoods. Municipalities such as Vancouver and Victoria recently implemented their own policies allowing more units on a single-family lot, and the provincial government has indicated their existing bylaws will remain. Furthermore, municipalities covered by the legislation may permit added density if desired, but they cannot have bylaws with fewer permitted units than provincial requirements.

“Anyone looking for a place to live in a community they love knows how hard it is – and outdated zoning rules are making that even harder,” said Premier David Eby. “Constructing mostly high-rise condo towers or single-family homes means BC isn’t building enough small-scale multi-unit homes that fit into existing neighbourhoods and give people more housing options that are within reach. That’s why we’re taking action to fix zoning problems and deliver more homes for people, faster.”

Ravi Kahlon, the BC Minister of Housing, added, “This legislation strengthens the vibrancy of our communities, while building the type of housing that will help us address the housing crisis.”

Before the end of 2023, the provincial government will release a policy manual outlining site standards and building designs for further guidance on the technical specifics, such as setbacks, height, restrictions, parking requirements, and lot coverage. It was noted today that there will be no parking minimums for lots within 400 metres from a frequent public transit service.

Municipal governments have until June 30, 2024, to update their bylaws.

In September 2023, the City of Vancouver approved its own Missing Middle policy of enabling up to six strata homes on a single-family lot or up to eight secured rental homes on a single-family lot.

It is estimated the gentle densification policy of the provincial government, its own version of a “Missing Middle” policy, could catalyze 130,000 additional homes within new small-scale, multi-unit buildings across BC over the next 10 years.

Furthermore, the legislation will eliminate public hearings for site-by-site rezoning or spot-rezoning, which typically significantly adds to the duration of the application and review process with municipalities. This will apply to rezoning applications with proposals that align with the municipality’s Official Community Plan (OCP), as this creates unnecessary duplication given that OCPs are already required to go through a public hearing. This includes mixed-use projects with at least 50% residential uses, such as homes above ground-level commercial uses.

Instead, there will be more opportunities for the public to provide their input during the OCP public consultation process, including requiring OCPs be updated every five years with public consultation. The OCPs would also be required to plan for the housing need over 20 years instead of five years, and include policies that catalyze family-sized housing (two bedrooms or more), rental housing, and affordable housing. To use as the basis, the relatively new Housing Needs Report requirement for all municipalities will now account for the housing needs over 20 years.

For example, a rezoning application that proposes a 50-storey residential tower for a particular site next to a SkyTrain station would not have to go through the public hearing process, as the OCP regulating the proposed development site already allows a tower up to 50 storeys. In effect, what can be built on a lot does not have to be contested again.

The OCP review instructions will be provided by the provincial government ot municipalities by July 2024. Municipalities will need to finish their first review and update their OCPs and zoning bylaws by the end of 2025.

However, the proposed changes to the public hearing process will not apply to the City of Vancouver, which is under the Vancouver Charter — separate from the Local Government Act. The provincial government has indicated it is working with the City of Vancouver on reforming its public hearing procedures.

Given the costs to conduct the required bylaw and procedural changes, the provincial government has set aside a $51-million fund to support municipal governments with meeting the new density requirements, and $10 million for the Local Government Development Approvals Program.

The new directives from the provincial government will also help municipalities achieve their legislated housing targets over the coming years.

Before the end of 2023, the provincial government will also announce more new legislation to support transit-oriented development, other housing-related measures including providing more certainty for projects, and much-needed infrastructure and amenities to support densification and overall population growth.

“We have said getting homes built in Vancouver will take an all-hands-on-deck approach. That’s why we’re so excited to support the Province’s latest initiative to get more homes built for the people who need them,” said Vancouver Mayor Ken Sim.

“The City of Vancouver has already streamlined zoning across our city, while reducing permit approval timelines to unlock more housing in every corner of Vancouver, which is why this new legislation from the Province — focused on delivering more small-scale, multi-unit housing for individuals and families — is another step in the right direction.”

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