Building more homes and addressing provincial policy

In 2024, the City of Courtenay adopted Zoning Bylaw Amendment Bylaw No. 3135 to comply with the Province’s Bill 44 – Housing Statutes Amendment Act 2023. This Act requires local governments to update zoning bylaws to allow small-scale, multi-unit housing (SSMUH) on any lots zoned for single-family home or duplex use.

The newly adopted R-SSMUH zone applies to approximately 5,648 properties. It focuses on ground-oriented, multi-unit housing that can fit into existing single-dwelling neighbourhoods.

The next step is to update the City's Development Permit Areas (DPAs) that guide form and character of future developments to align with the density permitted in the R-SSMUH zone.

Below are the current DPAs with brief descriptions of the proposed changes. Proposed DPA drafts are posted in the Document Library. (Note for DPA-1 changes are proposed to Justification and Objectives but not to Guidelines.)

Small-scale, multi-unit housing (SSMUH) in Courtenay includes housing types such as:

  • Single-residential dwelling
  • Duplex
  • Townhouse
  • Secondary suite (within or attached to main building)
  • Accessory dwelling unit (detached from main building)

Most properties in Courtenay zoned R-SSMUH are permitted up to four residential dwelling units if connected to community water and sewer services.

The proposed DPA changes mostly impact R-SSMUH properties.

Learn more about R-SSMUH zoning here.

Development Permit Areas (DPAs) are adopted by bylaw and guide land use and development to address community needs such as:

Within these designated areas, property owners may need development permits for new construction, land alternations or subdivision of a parcel (in addition to subdivision approval or building permits). Minor changes such as repairs, maintenance, painting or window replacement are exempt. (Find more info on applicable exemptions here.)

The City’s DPAs are designated in OCP Bylaw No. 3070 (2022), with guidelines found in Zoning Bylaw 2500 (2007). Both bylaws will need amendments to align with provincial policies and proposed changes.

The province discourages Municipalities requiring development permits for the form and character of smaller housing developments with up to six units. If design guidelines are needed, they must not unreasonably restrict the number or type of homes allowed in the R-SSMUH zone. Guidelines should:

  • Be clear and specific
  • Avoid delays by delegating permit approval to staff
  • Consider financial and spatial limitations

For more information, refer to the Provincial Policy Manual.

Courtenay’s Development Permit Areas (DPAs)

The City currently has two form and character DPAs, each applied citywide based on development type. These DPAs include guidelines for urban design, energy and water conservation, greenhouse gas reduction and other environmental protection.

  • Current DPA-1

    Commercial, industrial, mixed-use, and multi-residential developments with three or more units

    Proposed changes:

    1. Remove three- and four-unit developments from this DPA.
    2. Streamline name.
    3. Clarify language and reference Old Orchard and Terminal Addition in Justification and Objectives.
    4. No changes to guidelines proposed at this time.

    Learn more about DPA-1 

  • Current DPA-2

    Intensive residential form and character: duplexes, detached secondary units, heritage neighbourhoods, bare land stratas, mobile home parks.

    Proposed changes:

    1. Remove duplexes, accessory dwelling units and heritage neighbourhoods (fewer than three units).
    2. Add three- and four-unit developments.
    3. Revise guidelines that conflict with provincial policy.
    4. Add guidelines appropriate for three- and four-unit developments that do not conflict with provincial policy.

    Learn more about DPA-2 

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