FAQ

Unfortunately, there is a lot of misinformation circulating in the community about a proposed change that is intended to clarify a longstanding interpretation and practice that the RDN has had with respect to how recreational vehicles are used in campgrounds and recreational vehicle parks. 

There are currently no zones in the RDN Electoral areas that permit long term stays in a Recreational Vehicle. The zoning bylaw only permits temporary accommodation of travelers in a Recreational Vehicle in a camping space. A recreational vehicle may only be located in a camping space in a campground, resort vehicle park or recreational vehicle park.

 The Bylaw 500 update is not changing the regulations that limit the stay to temporary, seasonal or periodic.  The update is providing further clarification that Recreational Vehicle Parks are for the temporary and seasonal stays of the travelling public. A recreational vehicle or resort vehicle park can only contain camping spaces. A camping space can only be occupied by a recreational vehicle or a tent. A recreational vehicle in a campground, resort vehicle park or recreational vehicle park can only be used as temporary living quarters by travelers. 

 Residential use is only permitted in a dwelling unit. A dwelling unit is only permitted in a building. Residential use is not permitted in a Recreational Vehicle. 

 The main purpose of the Bylaw 500 Review was to address parts of the bylaw that were unclear, inconsistent or required continuous interpretation. The proposed change to the Commercial Zones does address a part of the bylaw that is unclear and inconsistent as it provides additional clarity that all stays in a RV in a RV Park are temporary.  The draft zoning bylaw is now very clear on the length of stay. This reduces confusion over the differing definitions for resort vehicle and recreational vehicle park.

 The request to make lawful longer term stays in a RV in an RV Park is a different issue related to affordable housing. The Board can consider amendments to the zoning bylaw to allow longer stays. That is a much bigger issue with implications that go beyond the Bylaw 500 Review.  Phase 2 of the Bylaw 500 Review is intended to include possible amendments to address affordable housing. Affordable housing is a topic for the next phase of the zoning bylaw review. 

Currently shipping containers are not allowed on any lands affected by Bylaw 500. Bylaw 2500 proposes to formally allow shipping containers primarily on a temporary basis for temporary storage, permanent emergency response storage, and for use during construction in a way which minimizes their impact on the community. Shipping containers are also proposed to be allowed to in support of a 'Shipping Yard' and 'Transportation Terminal' use. 

By far, the biggest concern with shipping containers is safety and secondary to that is aesthetics.  The Fire Chiefs Association of BC and Worksafe have published positions papers on shipping container safety. Since shipping containers are so well constructed and airtight, they have been known to explode in the event of a fire and have killed first responders. Because of this staff are taking a cautious approach to recommending them. We are proposing to require that shipping containers not be used for storage of flammable materials, however this is more for educational purposes and is not practical to enforce. Even hay for example can be highly flammable under the right circumstances. 

 Any shipping containers out there now are not in accordance with the current bylaw and would continue to be essentially illegal. The RDN has no plans of enforcing shipping containers as a result of the bylaw changes being proposed. RDN bylaw enforcement is on a complaint basis meaning unless we receive a complaint about a shipping container, it is not likely to be an issue. 

 For property owners who wish to have a shipping container on a permanent basis or more than the maximum number of shipping containers specified in the bylaw, we are proposing that this be managed through a Development Variance Permit. This would provide the ability for the RDN to work with the property owner to address the safety-related and any potential aesthetic concerns in a way which is responsive to the neighbourhood context where it is to be proposed.

Bylaw 2500 is comprised of six parts and two schedules which can be summarized as follows:

Part 1: Administration (General operational clauses)

Part 2: Interpretation (Definitions of terms used in the bylaw)

Part 3: Land Use Regulations (Regulations pertaining to various topics applicable to most zones)

Schedule 3A: Zoning and Subdivision District Maps (Divides the lands into zones and specifies minimum parcel size)

Schedule 3B: Category A Lots (Map showing parcels that are considered category A lots)

Part 4: Zones (Section of bylaw that specifies each zone and related regulations)

Part 5: Subdivision Regulations (Regulations that apply to subdivision)

Part 6: Development Permit Areas (Specifies guidelines for each development permit area)

The following provides an overview of the most significant changes proposed by Bylaw 2500 and the rationale for each.

Calculation of height – under the existing method it was possible for a significant variation in building height depending on where the highest point of the building was located; the new method is more even and fair and suitable for all lots regardless of slope.

Increasing height – one of the most common variances is to the height of a dwelling and other buildings. The change to the height in some zones for residential use by one metre will take into account the changes to the height calculation and is responsive to contemporary dwelling unit design. The change in height of 4 metres in industrial zones is required to support the range of industrial uses permitted in the industrial zones.

Simplifying setbacks – the current set of setbacks in most zones are complicated to determine with unintended consequences for the front lot line. The proposal is to simplify the approach in most zones such that setbacks are measured from interior and exterior lot lines rather than the full range of lot lines currently provided for in Bylaw 500.

Consolidation of commercial zones – the 10 existing commercial zones are very similar with little differentiation between them. In addition, the uses allowed in the existing commercial zones are overly restrictive, resulting in the need for unnecessary zoning amendment applications in support of compatible uses. As a result, it was possible to reduce the number of commercial zones from 10 to 3. Any slight variations between zones were accommodated with sub-zones. The three commercial zones are based on the type of commercial uses permitted as well as their location in relation to official community plan policies and the growth containment boundaries. The proposed zone consolidation provides for fewer commercial zones with greater differentiation between them and a broader range of compatible permitted uses.

Consolidation of rural zones – there are currently 10 Rural zones with very little difference between them and in some cases no differences. As a result, it was possible to combine all 10 zones into three and to accommodate any slight variations with sub-zones.

Consolidation of industrial zones – the existing five industrial zones have been consolidated into three zones based on light, medium and heavy industry. Permitted uses were reviewed and rationalized to provide greater clarity and to allow uses such as accessory marshalling and storage that commonly occur on industrial lands. Also in the medium industry zone, the uses permitted in the light industry zone are proposed to be included as this is a common zoning practice that supports a broader range of compatible uses.

Removal of site area requirements – the existing site area requirements in Bylaw 500 have no quantifiable or practical basis. The site area regulations are being replaced with regulations to ensure that a proposed use can be accommodated on a parcel by ensuring that there is room for all aspects of the development including buildings, parking, landscaping, water supply and sewage disposal.

Making residential use accessory within commercial and industrial zones – there is a limited amount of land zoned for commercial and industrial use. It is important to preserve this land as it provides opportunities for economic development and employment opportunities in the region. All commercial and industrial zones currently allow residential as a principal use meaning that there is no requirement for a commercial or industrial use. Allowing residential as a principal use limits the amount of land available for commercial and industrial use even further. Where a parcel is small and currently only used for residential use and the potential industrial/commercial use is limited, it is proposed that residential use will remain as a principal use through a sub-zone.

Use of sub zones – to limit the total number of different zones and to avoid the creation of non-conforming uses, buildings, and structures, the new bylaw will utilize sub-zones. These are parcel-specific zones that are proposed to be used to recognize situations where there was a parcel or zone in Bylaw 500 that had an additional use or regulation that was important to maintain in Bylaw 2500. Sub-zones are a critical component of Bylaw 2500 that have allowed for zone consolidation with little impact to property owners.

Elimination of comprehensive development zones (CD) – CD zones are intended to be applied through a zoning amendment application in support of a site-specific development proposal. CD zones would typically include the proposed site plan and building elevations and limit development to what is proposed. The majority of CD zones in Bylaw 500 are not actual CD zones but rather slight modifications to existing general zones. This is likely a result of the structure of Bylaw 500 which makes it difficult for a zoning amendment to accommodate minor changes to an existing zone and much easier to address applicant zoning amendment requests through the creation of a new CD zone. However, over time, this approach has proven to be challenging to administer. As part of the Bylaw 2500 drafting process, all CD zones were reviewed and where possible incorporated into the general zones and if needed a sub-zone was created. Once adopted, applicants will, in most cases, be encouraged to utilize one of the general zones with any site-specific regulations being accommodated through the use of a parcel-specific sub-zone.

Limitations on zoning that allows service station – several Official Community Plans (OCPs) contain policies that do not support additional service stations; for those parcels where a service station does not currently exist and where the OCP does not support additional service stations the zoning was amended to remove service station.

Building strata – building strata is a common strategy utilized by some surveyors and developers to legally circumvent the minimum parcel size regulations and create separate title for each permitted dwelling unit on a rural parcel. This form of strata presents as a 1-hectare parcel, despite the minimum parcel size typically being 2 hectares in most affected areas. Several significant issues have arisen with respect to this form of development including uncertainty from realtors and buyers about the characteristics of this real estate entity, property owners having difficulty obtaining house insurance, lack of regulatory oversight, and an extremely challenging process to amend the building strata plan should an owner wish to do an addition or replace the building. Bylaw 2500 proposes to stop the creation of additional rural building strata developments by ensuring that the first dwelling unit is occupied prior to the construction of a permitted second dwelling unit. This is an important first step to limit the additional impacts of building strata and to minimize the extent of the pending significant problems facing property owners and the district as these dwelling units age.

Multiple dwelling unit development – the current zoning does not require all dwelling units to be in the same building; the proposed change will require that at least three dwelling units are in the same building. The proposed changes will also allow for a mix of housing types by allowing a proportion of the dwelling units to be detached units accessory to a multiple dwelling unit development. This will allow for a broader range of housing types and sizes to better serve the community.

Shipping containers – will be recognized as a structure that must comply with zoning regulations; permitted on a temporary basis in all zones. The draft Bylaw also permits shipping containers to be used for storage during construction and for storage of emergency response and emergency preparedness supplies and equipment in Institutional zones. The primary considerations in allowing shipping containers are safety and aesthetics. Please refer to the marked-up version of the draft Bylaw to review the document links to safety-related information.

Retaining walls – retaining walls were regulated by way of the definition of structure in Bylaw 500 leading to significant challenges in interpretation and consistent and fair application of the regulations. Bylaw 2500 proposes general regulations for retaining walls to clarify how to determine whether a retaining wall is considered a structure subject to minimum setback requirements and to limit the impact of retaining walls on adjacent property owners. Bylaw 2500 proposes to increase the height of a retaining wall that is exempt from the minimum setback requirements from 1.0 metres to 1.2 metres to acknowledge retaining walls that should follow Engineers & Geoscientists of BC Retaining Wall Professional Practice Guidelines. Bylaw 2500 clarifies how retaining wall height is measured and removes the reference to the width of fill behind a retaining wall.

Horne Lake Comprehensive Development Zone (CD9) – this zone applies to the recreational properties located at Horne Lake. This zone is very complicated with conflicting regulations. This zone is proposed to be significantly simplified and modelled after other zones in Draft Bylaw 2500 to include changes to cabin floor area distribution, accessory building floor area location, height calculation, and clarification on what can occur below the Flood Construction Level (FCL). No changes to use or size of a recreational residence is proposed. As the CD zones have been reorganized, CD29 has been renumbered to CD3 in Bylaw 2500.

Regulation of Signs - signs are regulated by “Regional District of Nanaimo Sign Bylaw No. 993, 1995” (Bylaw 993). It is proposed that the regulations contained in Bylaw 993 be moved to Bylaw 2500 to contain all regulations pertaining to signs in one place. In addition, Bylaw 2500 proposes to allow one fascia sign per business and provide additional clarification on illumination and measurement of sign height and sign face area.

Once “Regional District of Nanaimo Zoning Bylaw No. 2500” (Bylaw 2500) is adopted, “Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987” (Bylaw 500) is repealed and it is effective immediately. As a result, the move from Bylaw 500 to the new Bylaw 2500 requires a transition plan and process. The challenge is having to address amendment bylaws and other development applications that are at various stages as they make their way through the approval process. The following transition strategy is intended to help the public understand the process and to make the move to Bylaw 2500 as seamless as possible. The recommended transition plan is as follows:

Zoning Amendment Bylaws

(1) No new zoning amendment bylaws will be forwarded to the Board for consideration between first and third readings of Bylaw 2500.

(2) Zoning amendment applications that are in progress prior to Bylaw 2500 receiving first reading may proceed as amendments to Bylaw 500.

(3) Zoning amendments received after Bylaw 2500 has received first reading may come forward to the Board following the third reading of Bylaw 2500.

(4) All proposed Bylaw 500 zoning amendments that have not been adopted by the Board prior to the adoption of Bylaw 2500, will be rescinded and will be required to return to the Board for 1st and 2nd reading as an amendment to Bylaw 2500.

(5) Staff will track all zoning amendment bylaws that are adopted under Bylaw 500 and will bring forward any necessary amendments to Bylaw 2500 following its adoption. This is to ensure these applications receive accurate zoning allocations following the adoption of the new Zoning Bylaw.

Other Application Types

(1) Any permits (DP/DVP, BOV, TUP, etc.) and other applications (Frontage, Agricultural Land Reserve, Resolutions, etc.) may proceed to the Board without any of the aforementioned restrictions.

(2) Should an applicant have an approved development permit under Bylaw 500 or have made a building permit application prior to the Bylaw 2500 coming into effect, the applicant will have 12 months to complete the requirements for building permit issuance. After that timeframe, all applications and permits will be expected to conform with the new Zoning Bylaw.

(3) Notwithstanding the above, in the case where there is an approved phased building strata plan, the applicant will have until the expiration of the plan to complete the subdivision, otherwise the subsequent phase of the subdivision will be expected to conform with the requirements of Bylaw 2500 and the applicant will be expected to seek an amendment to the plan.

(4) In accordance with Section 511 of the Local Government Act, Subdivision applications which have been submitted for Ministry approval to the satisfaction of the district highway manager prior to the adoption of Bylaw 2500, will have 12 months from the date of adoption of the bylaw to complete the subdivision otherwise the provision of Bylaw 2500 will apply.

The Provincial Government, as part of its Homes For people Action Plan, has introduced new legislation that will require local governments to provide for additional residential development in areas currently zoned for single unit dwellings and to allow secondary suites in all zones where single unit and duplexes are currently permitted. In addition, the legislation will require updates to Housing Needs Reports, Official Community Plans and zoning bylaws. The focus of the new legislation is on municipalities of over 5,000 people. However, many of the new requirements do apply to most municipalities and electoral areas in regional districts.

There are a number of components to the new legislation which will be enacted through amendments to the Local Government Act, the Islands Trust Act, and The Vancouver Charter. Each component will have a deadline for when the work by local governments must be completed.

Secondary Suites/Accessory Dwelling Units (ADU) – Local governments must undertake zoning bylaw amendments to allow secondary suites in all zones that permit a single dwelling unit. All local governments that have zoning bylaws must allow a secondary suite in all zones that allow a single dwelling unit or duplex dwellings. These zoning amendments must be completed by June 30, 2024. For the RDN this will require amendments to some zones. Most zones in the electoral areas already permit a secondary suite.

Small Scale Multi-Unit (SSMU) Housing – Local governments must undertake zoning amendments to allow for 3, 4 or 6 dwelling units on lots currently zoned for single dwelling units or duplexes. For the RDN, this requirement only applies to areas that are within the growth containment boundary and are serviced by community water and community sewer provided by the RDN. These zoning amendments must be completed by June 30, 2024.

Housing Needs Report (HNR) – Updates to housing needs reports are required for all local governments. The updated HNR will be based on a standard method and must have a 20 year time frame. The deadline for the updated HNRs is December 31, 2024.

Updates to Official Community Plans (OCPs) – All official community plans must be updated to include policies on housing based on the housing needs report. All OCPs must plan for enough homes for 20 years and include policies to provide for a range of housing types. The RDN has seven OCPs and four village/neighbourhood plans for the electoral areas. The deadline for update of all OCPs is December 31, 2025.

Implementation of the updated OCPs – After the OCPs have been updated the requirement is for zoning bylaws to match housing policies in the OCP. The expectation is that lands for residential use will be pre - zoned by the local government meaning that property owners will not have to go through the zoning amendment process. The deadline for update of all zoning bylaws is December 31, 2025.

A few other legislative changes are:

• Reducing or eliminating parking requirements based on proximity to transit;

• Public hearings will not be permitted for zoning amendments for housing projects that are consistent with the OCP;

• Public hearings will only be required for changes to OCPs or zoning changes that are not consistent with the OCP.

The Province has committed to providing a policy manual immediately after the SSMU regulations are released to support local governments in implementing the required bylaw changes. Staff continue to monitor and wait for the release of information related to the above legislation and share information related to the new bills and implications for our region. Below is a link to the slides from the technical briefing provided by the province.

https://news.gov.bc.ca/files/Housing_Tech_Brief_Nov_01_2023.pdf

As there is still some uncertainty with respect to how the new provincial legislation will roll out and due to the timing of the adoption of Bylaw 2500, it is recommended that an amendment to Bylaw 2500 be brought to the Board at a later date, which may be at 2nd reading or soon after its adoption. This will ensure compliance with provincial requirements.

Zoning bylaws are enacted by the Regional Board through authority granted by the Local Government Act. 

Zoning bylaws implement land use planning visions expressed in official community plans and regional growth strategies, and may support community sustainability and resilience goals. Zoning bylaws regulate how land, buildings and other structures may be used.

Zoning bylaws may divide the whole or part of an area into zones, name each zone and establish the boundaries of those zones.

For example, residential zones can be defined to reflect different types of residential uses in a community such as single-family, duplex and multi-family. The names of the zones and the related details are determined by each local government so there may be variation between communities throughout the province.

A zoning bylaw can limit the height of buildings and other structures and permitted uses in a zone 

The power to regulate through a zoning bylaw also includes the power for local governments to prohibit any use or uses in a zone.

Bylaw 500 was originally adopted in 1984 and has been in place for 36 years. During this time, the Bylaw has undergone a significant number of amendments which include both owner-initiated zoning amendments and RDN planning initiatives. The Planning Department is currently reviewing the 429th amendment to Bylaw 500.

Despite its challenges, overall Bylaw 500 is still a good bylaw and has served the community well. The intent is to keep the good parts of Bylaw 500 and improve the components that require improvement. 

This approach is based on the idea that if  "it ain't broke, don't fix it".

Zoning is a technical regulatory document. As such our approach to seeking input from the community and stakeholders reflects the technical nature of the document. There will be opportunities for the community and key stakeholders to provide input  at key stages of the project. For more information on opportunities to participate in the project, please visit the project timeline, and subscribe to  the project by clicking the "Follow Project" button to receive project update notifications. 

Send us an email to bylaw500review@rdn.bc.ca or call us at (250) 390-6510.

There are many ways of providing your input. Public meetings are only one method being used. Consider providing your input through the online survey (when its live), by sending an email to bylaw500review@!rdn.bc.ca, by calling us at (250) 390-6527, by contacting us to arrange for a meeting via Teams, Zoom, or in person.  All public input is considered and will be provided to the Board. 

In addition to the Bylaw being 36 years old and being amended more than 400 times, the bylaw has not kept up with market trends and development demands. The RDN has identified a number of sections of the bylaw that are inconsistent, unclear, difficult to interpret, and overly complicated. The result being that Bylaw 500 has become difficult to administer, enforce, and challenging for property owners to use.

The intent of this project is to address known problems with the bylaw and to improve bylaw components that are unclear, inconsistent, or are challenging to administer or enforce. The end product will be an updated zoning bylaw with a fresh new look and feel.

No. The project is targeting changes related to key focus areas included in the project Terms of Reference. Please refer to the Document Library for more information. 

As a targeted review, the project scope is built around the following focus areas:

The Regional District of Nanaimo (RDN) is updating its Land Use and Subdivision Bylaw No. 500, 1987 (Bylaw 500). Bylaw 500 is a planning document that regulates the use of land, buildings and structures in the following five electoral areas. 

• Electoral Area A (Cedar, Yellow Point, Cassidy, South Wellington)
• Electoral Area C (Extension, Nanaimo Lakes, Jingle Pot)
• Electoral Area E (Nanoose, Fairwinds, Red Gap)
• Electoral Area G (Englishman River, San Pareil, French Creek, Little Qualicum, Dashwood)
• Electoral Area H (Bowser, Horne Lake, Deep Bay, Qualicum Bay)

Bylaw 500 is the principle planning document that regulates the use of land, buildings, and structures. in the communities listed above. In simple terms, Bylaw 500 specifies the types of uses that may occur on a parcel, limits building height, regulates subdivision of land, and specifies the minimum distance that buildings and structures must be from all lot lines.

 At more than 36 years old, Bylaw 500 is outdated in many areas. When the update is complete, the bylaw will better reflect the range of land uses and building types that are in demand today. Several sections of the bylaw are inconsistent, unclear and difficult to interpret. As a result, Bylaw 500 is challenging for the RDN to administer and for property owners to understand. 

Following adoption of first reading of Bylaw 2500 on January 9, 2024, new applications for amendments to Bylaw 500 will not be forwarded to the RDN Board for consideration.  Following adoption of third reading of Bylaw 2500, new applications for amendments to Bylaw 2500 will be received and can be forwarded to the Board.