Zoning Bylaw

Zoning Bylaw Amendments were adopted on June 12, 2024 to become compliant with provincial legislation requiring that small-scale multi-unit housing be permitted in all ‘restricted zones’. The restricted zones that were replaced with a new Residential Small-scale Multi-unit Housing (R-SSMUH) zone include: R-1, R-1B, R-1C, R-1D, R-1E, R-1S, R-2, R-2A, R-2B, RR-1, RR-2, RR-2S, RR-3, RR-4, RR-5, and R-RU.

The Zoning Bylaw amendments that came into effect also included targeted changes to SSMUH related definitions, parking regulations, and the general interpretation section of the Zoning Bylaw.

If you have any questions about the Zoning Bylaw 2500, 2007, including associated mapping, please contact planning@courtenay.ca to ensure you have accurate information about the Zoning Bylaw changes.

For more information on SSMUH and the changes that have now been adopted, and links to the provincial legislation, visit the SSMUH page.

 

General Information

The Zoning Bylaw is the key tool used in implementing and regulating land use in the City of Courtenay. The Zoning Bylaw establishes where uses and buildings can occur, and at what densities.  Regulations are also created for different uses, locations and siting requirements.

The approach taken in recent years has been to only rezone properties based on a proposal presented to and accepted by Council. This provides a greater level of certainty to Council and to the public and has allowed the City to achieve significant amenities, particularly for parks and open spaces, and for affordable housing.

Reference

*This bylaw may not be complete due to pending updates or revisions and
therefore is provided for reference purposes only. Titles and whereas clauses
may be different than in original bylaws to make this consolidated version
more clear and identify historical changes and conditions.

THIS BYLAW SHOULD NOT BE USED FOR ANY LEGAL PURPOSE

 

How to Make a Zoning Bylaw Amendment Application

A zoning amendment application is required when you want to propose a land use, development, business or type of housing that is not permitted under the current zoning for the property.

Step 1 - Research

Familiarize yourself with the zoning regulations [PDF - 40 MB] of the subject property and what you wish to amend, as well as applicable development guidelines, regulations, and amendment process:

  • Check the zoning for the subject property and determine what zoning regulations you wish to amend. Refer to the Interactive Zoning Maps above.
  • Check what land uses are supported for the subject property. If your proposal is not consistent with the land use designation, then an Official Community Plan (OCP) amendment will also be required. (See the Land Use Designations Map on the Official Community Plan page).
  • Make sure that your development proposal meets the required guidelines and regulations which include, but are not limited to:
    • Development Application Related Policies from the OCP. The OCP is the City’s growth management policy document and will influence the decision by Council to support a zoning amendment. OCP policies that inform development proposals and requirements are listed in this 14-page Development Standards Policies Reference Guide.
    • If your development proposal is on land containing or adjacent environmentally sensitive areas, steep slopes, or agricultural land, additional development guidelines will apply. Visit the Development Permit Areas page for maps and more information.
    • If your development proposal is on land containing or adjacent environmentally sensitive areas, staff and Council encourage applicants to work with the Comox Valley Conservation Partnership (referrals@cvlandtrust.ca) early in the design stages of a project to obtain valuable feedback on design options that could help mitigate, improve or adapt to environmental conditions of the development site.
    • Environmental Impact Assessments are required as part of applications for Environmental Development Permits.
    • Note - K’ómoks First Nation (KFN) has enacted a Cultural Heritage Investigation Permit (CHIP), which is required for development works within a certain proximity of watercourses and all areas having a high archeological potential. Where applicable, staff and Council advise applicants to contact KFN directly to learn if a CHIP is required. The CHIP is administered by KFN. For more information contact the KFN administrative office at 250-339-4545 extension 112, or visit https://komoks.ca/department/lands-program/.
    • Review the Specifications for Development Engineering Drawings document as it provides more information on what is required to be included in your application. For example, frontage improvements and servicing upgrades are common requirements of new development.
  • Review the procedures required to process a zoning amendment application: Development Procedures Bylaw No. 3106, 2023.pdf [PDF - 4 MB] This bylaw outlines the process and some of the requirements for your application. Review Schedule A of the bylaw as it lists the types of reports that could be required as part of your application.
  • Prepare a detailed description of your proposal.

Step 2 - Pre-Application Consultation Meeting

Meet with staff to discuss your proposal.

This is strongly advised before the City of Courtenay accepts your application. Specific application requirements, required studies, fees, and policy support for the application will be discussed. Contact planning staff to arrange a meeting at: planning@courtenay.ca

Please prepare proposal concepts and questions as comprehensively as possible to make the best use of everyone’s time.

 

Step 3 - Prepare Your Application

Read the Zoning Amendment Application Form and Guidelines to understand the application process and required submissions.

Complete the application form, and compile the required application submissions prior to sending your application to the City.

Step 4 – Application Submission

When you feel that you are familiar with the requirements for making a zoning amendment application and have completed and compiled all of the required application submissions, contact Planning staff for a final review of submissions and staff will forward a link for you to upload your submissions to and provide you with the required application fees and methods available for payment.

ONCE YOUR APPLICATION HAS BEEN SUBMITTED AND IT IS CONFIRMED TO BE COMPLETE THE NEXT STEPS ARE AS FOLLOWS

Step 5 – Notice Application Sign

The applicant may be require to erect a Developmen Notice Sign in accordance with part 8.3 of the Developme Procedure Bylaw No.3106

Step 6 – Community Information Meeting

The applicant may be required to hold a Community Information Meeting prior to the Bylaw being considered by Council.

Step 7 – Referrals

An applicantion mayb e refered to other City staff and applicable external agencies for review and comment.

Once all referral comments have been received and staff have reviewed the application in detail, staff may request that you provide additional information and studies to address these comments or information gaps.

After the additional information and studies have been submitted and the application is determined to be complete staff will begin to prepare the  report for Council’s consideration, incorporating feedback received from the referral process, the community and any recommendations from Council committees.

Your application will now proceed through the Council review and bylaw adoption process.

Step 8 – Council Review and Bylaw Adoption

 

For a zoning amendment consult with the OCP, a desision to not hold a public hearing with notice provided in accordanc with the Local Government act.

Staff prepare a report to Council for consideration of First & Second reading of the bylaw. (And set a Public Hearing Date where required.) or recommenc Council Deny the application.

First, Second and Thirda reading of the bylaw may take place, where a Public Hearing is not held.

If a Phased Development agreement is required, the Delgate will work with the applicant to draft and process the agreement and bylaw in accodance with Schedule A of the Development Proceedure Bylaw No.3106.

If a Public Hearing is held, the minutes are presented to Council prior to Third reading of the amending bylaw.

Once any conditions identified at third reading are adressed; Counil will consider adoption of the bylaw(s)

The applicant will be notified of the outcome.