Introduction

The Town’s current Zoning Bylaw was adopted in 1998 and has been formally amended over 150 times in the intervening 25 years, which has affected hundreds of lines of text within the bylaw.

Extensive amendments to a bylaw can, over time, impact its effectiveness as internal inconsistencies and conflicts are introduced, impairing its coherence and ease of use by staff and the public.  In addition, the Town completed a review of its Official Community Plan (OCP) in 2022 and it is considered good practice to ensure zoning regulations are aligned with and support the strategic direction contained within an OCP.

For these reasons, the Town of Osoyoos Council initiated a comprehensive update of its Zoning Bylaw in 2022, which comprises three distinct components:

1. updating of Zoning Bylaw No. 1085, 1998;
2. reviewing the Foreshore and Lake Zoning Bylaw No. 1294, 2011, and possibly consolidating it into the new zoning bylaw; and
3. exploring regulatory options for short-term tourist accommodations.

Following commencement of this project, the provincial government introduced two pieces of new legislation in October of 2023 that have significantly impacted the timing and scope of the Zoning Bylaw Update:

• Housing Statutes (Residential Development) Amendment Act, 2023 (Bill 44); and
• Short-Term Rental Accommodations Act (Bill 35)

In response, the Zoning Bylaw Update will also now address implementation of the Small-Scale Multi-Unit Housing (SSMUH) requirements introduced into the Local Government Act by Bill 44.  Additional information on SSMUH Implementation is presented below.

Consideration of regulatory options for short-term tourist accommodations (i.e. “vacation rentals”) will be completed separately to the Zoning Bylaw Update and information on this project can be accessed on this web page:

Osoyoos Short-Term Rental Regulation Project Website

Bylaw Status - Zoning Bylaw No. 1395

Comparison of Current vs. Proposed Zoning Regulations

The following series of links provide a comparison of the various zoning regulations currently contained within the Town’s Zoning Bylaw No. 1085, 1998, versus what is proposed in the draft Zoning Bylaw No. 1395. 

For ease of use, references in the Table below are to the title of existing Zones, General Regulations and other regulations found in Zoning Bylaw No. 1085, 1998.  In the linked comparison tables, these existing regulations are displayed against the comparable regulations proposed in Draft Zoning Bylaw No. 1395.

NOTE: the documents linked below are summaries that are subject to change and reference should be made to the current version of Bylaw No. 1395 (linked above) for the full range of proposed regulations:

Small-Scale Multi-Unit Housing (SSMUH) Implementation – “Bill 44”

On November 30, 2023, the provincial Legislature adopted Bill 44 (Housing Statutes (Residential Development) Amendment Act, 2023), which amended the Local Government Act (the “Act”) in order to facilitate the delivery of “more small-scale, multi-unit housing for people, including townhomes, triplexes and laneway homes, and fix outdated zoning rules to help build more homes faster.”

Under a new Section 481.3(7) of the Local Government Act, the Town “must consider applicable guidelines” made by the Minister (e.g. the SSMUH Policy Manual) when developing or adopting a zoning bylaw to permit the use and density of use required under to be permitted under the Act.

On December 7, 2023, the provincial government released the Provincial Policy Manual & Site Standards (the “Small-Scale, Multi-Unit Housing (SSMUH) Policy Manual”, or the “Manual”) as a resource to assist local governments with the implementation of zoning bylaw amendments required to comply with the changes to the Act.

The Manual includes recommended approaches to regulations governing building types, density, setbacks, building height, parcel coverage, vehicle parking requirements as well as the use of development permit area designations.

When considering these regulations, the province has advised that “creating a favourable regulatory environment for SSMUH housing to help overcome these barriers will require an openness to new building forms in areas traditionally reserved for detached single-family and duplex homes.”

In response, the Town is proposing a number of amendments to its Official Community Plan (OCP) and to incorporate a number of new regulatory provisions into the new Zoning Bylaw in order to ensure compliance the new requirements of the Local Government Act as it relates to SSMUH and prior to the statutory deadline of June 30, 2024.  This includes consolidating existing low density residential zones into a single new RS1 Zone in which 3-4 units will be permitted based on parcel size and level of existing water and sewer servicing.

Upon adoption of the bylaws, the Town is required notify the Minister of Housing, in writing, that the bylaw(s) have been adopted, the location(s) of any exempted land(s) and the legislative provisions supporting the exemptions.

Background Documents – Committee of the Whole (COTW)

Bylaw Status - Official Community Plan (OCP) Amendments

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plan@osoyoos.ca