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Zoning Laws in British Columbia: A Brief Overview

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Published by:

Mike Chelbet

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Reviewed by:

Alistair Vigier

Last Modified: 2023-08-02

Are you wondering about zoning laws in British Columbia? The province of BC boasts a unique patchwork of zoning regulations, an amalgamation of historical influences and contemporary needs.

In this ever-evolving jurisdictional landscape, the Local Government Act and the Vancouver Charter play crucial roles. They confer municipalities with authority to administer land use.

Zoning bylaws, the backbone of land-use regulation, manage the growth and development of communities. They dictate what can be built where, how tall the buildings can be, and their exact purpose.

Such rules aim to segregate incompatible land uses, reducing conflict between residential, commercial, industrial, and agricultural zones.

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Changes in British Columbia Zoning Laws: What You Need to Know

In bustling metropolises like Vancouver, zoning laws directly influence the cityscape. By setting residential density levels, they control urban sprawl, the construction of high-rises, and green space allocation.

They also preserve the character of neighbourhoods, a stark testament to the interplay between heritage conservation and modernization.

Downtown Vancouver is a poignant example. The city’s vision for densification led to the approval of the “Living First” strategy in the early 1990s. It transformed the area into a vibrant neighbourhood of high-rise residential buildings.

The Role of Zoning Laws in British Columbia’s Environmental Conservation

High-density zoning was key to this transformation. Yet, there’s respect for the historic past. Regulations protect the heritage buildings of Gastown and Chinatown from unbridled development.

The Agricultural Land Reserve, also known as the ALR, shows zoning laws safeguarding rural interests. Spanning approximately 4.6 million hectares, the ALR secures arable lands from urbanization.

Zoning bylaws restrict non-agricultural uses. A robust policy choice, it underscores the value placed on preserving farming and biodiversity.

There’s a case in Victoria BC that is funny to read about the ALR. Someone brought in a bunch of cows because the province wouldn’t let them out of the ALR. And their property was in the middle of town. It’s worth reading.

Zoning Regulations in British Columbia

Zoning laws are also adapting to address affordable housing shortages. In 2018, the province approved legislation allowing secondary suites in single-family residences.

This densification method permits homeowners to add rental units within their properties, potentially easing the housing crunch.

Yet, some critique zoning laws as tools of socio-economic segregation. Critics point to the exclusionary impact of single-family zoning in desirable neighbourhoods.

They argue such policies exacerbate affordability issues, creating pockets of privilege and denying others access to amenities and services.

Rising to this challenge, British Columbia is exploring “upzoning.” A bold step that relaxes restrictions on building heights and types in low-density neighbourhoods. If implemented widely, it could democratize space, making room for diverse housing options.

Sustainable city planning

In the throes of climate change, environmental considerations also shape zoning laws. Regulations around waterfront developments, tree protection, and green roofs are part of the emerging green zoning trend. Such measures show the growing emphasis on sustainable city planning.

Amidst its varied roles, the zoning system remains responsive. Citizen input is a cornerstone of the zoning amendment process. Public hearings give community members the chance to influence changes that may affect their neighbourhoods.

A dynamic force, zoning laws in British Columbia are much more than lines on a map.

They’re evolving stories of places, people, priorities, and the constant negotiation between growth, heritage, affordability, and sustainability. Their complexity and nuance offer a window into the province’s shared values and vision for its future.

Vancouver has been a major point of contention for years, as the city grapples with affordability issues and an increasing population. The city’s single-family home zoning has received extensive criticism, seen by some as a tool for exclusion and economic segregation that prioritizes the preservation of neighbourhood character over affordability and diversity.

One of the more publicized zoning controversies was regarding the city of Vancouver’s move towards city-wide rezoning, implemented in 2018, to allow duplexes in areas previously zoned only for single-family homes.

This move, known as the Making Room Housing Program, was controversial, with opponents arguing it would lead to gentrification, displacement, and a loss of neighbourhood character.

Changes in British Columbia Zoning Laws

The real contentious issue was the pace at which the decision was made, leaving many feeling blindsided or ignored in the public consultation process. The controversy culminated in a legal challenge by a resident of Vancouver’s West Point Grey neighbourhood, named Susan Klassen.

Klassen argued that the city had not properly consulted with residents and had violated procedural fairness in its rush to rezone. The B.C. Supreme Court ultimately dismissed Klassen’s case in 2019, ruling that the city had followed adequate consultation processes.

Another legal dispute that garnered media attention was related to the Agricultural Land Reserve, a zone in which agriculture is recognized as the priority use.

The Agricultural Land Reserve

The point of the Agricultural Land Reserve is to protect about 4.6% of British Columbia’s total land base for farming and ranching. In Richmond, a bylaw was introduced in 2017 to restrict house sizes on ALR land to prevent mansion-like homes from being built, which were seen as contradictory to the agricultural use of the land.

The bylaw incited backlash from a group of property owners who, led by Bill Jones, contested the regulation in court. The group argued that the city didn’t consider the impact on their property values and violated their rights.

Types of controversies

The legal battle concluded in the B.C. Supreme Court in 2018, with the court ruling in favour of the city of Richmond, maintaining that the city had acted within its jurisdiction.

While these cases did not cause ground-shaking legal battles, they represent the types of controversies that often surround zoning laws.

They illustrate the challenges of balancing competing interests, such as housing affordability, preservation of neighbourhood character, agricultural priorities, and property rights in an ever-evolving urban environment.

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