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1. What is zoning?

Each Electoral Area has a Zoning Bylaw with regulations for each parcel, including; use, density and siting (e.g. setbacks). Permitted uses are identified for each zone, for clarity - each Zoning Bylaw is equipped with a section on definitions and general regulations. The CVRD web map can help you quickly determine what your property is zoned. For more information on how to use the Webmap see "What is the Webmap and how do I use it?"

2. How do I read a zoning bylaw?

Zoning bylaws can be complex and because we have so many of them it can be even more challenging. We recommend following these easy steps:

1. First find the correct zoning bylaw! The CVRD is made up of 9 different and unique Electoral Areas, each of which have their own zoning bylaw. An easy way to determine which Electoral Area a property is in simply check out our online Web Map! Search the property by civic address or parcel identifier (PID). Information will auto populate by clicking on the 'identify' tool and then clicking on the property. The zone and a link to the applicable zoning bylaw will appear alongside the Electoral Area.
2. Once you've determined the Electoral Area, and have the correct zoning bylaw, the first place to start is with the table of contents (usually at the beginning of the bylaw).
3. Find the zone and navigate to it. This is where it gets a little tricky. Each bylaw was written at a different time and likely by a different planner, keep this in mind when you are referring to multiple zoning bylaws. Please note that all the uses listed within the zone are subject to the general regulations of the bylaw (always refer to these). The main things you will want to look at in the zone are:

1. The permitted uses (e.g. what uses are legally allowed to occur on the property)
2. The conditions of use (e.g. setbacks, height restrictions, parcel coverage)

4. As noted above, always consider the 'General Regulations'. These regulations apply across all zones throughout the electoral area and may determine whether or not a use is allowed (e.g. suites).
5. Lastly, always consider the bylaw definitions. Each bylaw has a list of definitions to help clarify terminology used throughout the bylaw.
6. When in doubt, always contact staff at ds@cvrd.bc.ca

3. What is the Web Map and how do I use it?

The online Web Map allows anyone to search their property and find important information like zoning, OCP designations, development permit areas, service areas and more. To use the Web Map simply go to the Web Map and click on desktop icon (see image #1). From there a disclaimer statement will appear, click 'accept'. The map will launch and show the entire Regional District. To find your property you can either search by scrolling in and navigating to it, or use the address tool or parcel identifier (PID) for bare land (see image #2). Once you have found the property, use the 'identify tool' (top left - see image #3) by clicking on the tool and then on the property. By doing this, information should populate on the left side. From there you can click on any of the items shown in that list for more information. Links are also provided to pertinent bylaws like the applicable zoning bylaw (see image #4).

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4. Can my clients have an accessory dwelling unit?

Accessory dwelling units are allowed in many zones throughout the CVRD (with the exception of Area G). This specific use, however, depends on the size of the property and the level of servicing. To find out if the zoning allows an accessory dwelling unit first check the specific zone in the zoning bylaw, then confirm the size of the property meets the minimum parcel size required depending on its level of servicing. Not sure what the zoning is? Check out our Web Map! Please make sure to check with the Building Department for code and permit requirements prior to undertaking any work.

5. Can my clients have a secondary suite in their home?

Secondary suites are permitted in many residential zones throughout the CVRD. This specific use, however, depends on the size of the property and its level of servicing (e.g. connection to water and sewer). To find out if the zoning allows a secondary suite on their property, first check the specific zone in the zoning bylaw, then confirm the size of the property meets the minimum parcel size required depending on its level of servicing. Not sure what the zoning is? Check out our Web Map!

6. What is a Riparian Area?

Riparian areas can be defined as the area of land adjacent to a watercourse or body of water, a ditch, spring or wetland, whether or not usually containing water (see image below). The entire CVRD is within a Riparian Protection Development Permit Area (DPA). It is the responsibility of the property owner(s) to ensure there are no activities in the riparian area, or apply for a development permit. For more information on Riparian Areas, please click here.

For visualization purposes only.

7. What is subdivision?

Subdivision is the process of altering legal property boundaries. It usually involves the dividing of a property into smaller lots. It can also include the realignment of existing property lines or the consolidation of two or more lots into a single lot. To subdivide land within an Electoral Area of the CVRD an applicant must apply to the Ministry of Transportation and Infrastructure (MOTI). A Provincial approving officer, appointed by the B.C. government, approves subdivision plans in regional district electoral areas after all requirements are met. The CVRD is referred the application from the Ministry and considers minimum parcel size (found in each of the 8 zoning bylaws), and development permit requirements (found in the Official Community Plan).

The following are types of subdivisions where approval of the Approving Officer is required:

• Adjusting lot boundaries between two or more lots (commonly known as boundary adjustment or lot line adjustment);
• Creating several new lots from one or more lots;
• Creating lots in a bare land strata development;
• Creating strata lots through a phased strata plan;
• Subdivision of land the purpose of leasing for a term longer than 3 years; and
• Air space parcel subdivisions

8. Can my clients subdivide?

Minimum parcel sizes and subdivision regulations are determined in the Zoning Bylaw (please note that each electoral area may have their own zoning bylaw, and each zone within the bylaw has its own minimum parcel size). Minimum parcel sizes depend on the level of servicing (e.g. community water and sewer services) - typically, the minimum parcel size will decrease as the level of servicing on a lot increases. For example, a lot that is on well and septic will have a larger minimum parcel size than a lot that is serviced by community water and sewer. To determine if their property is, or can be, serviced with community water and/or sewer, please consult the CVRD web map and ensure the 'Utility' layers are checked on.

In addition to the minimum parcel size, general subdivision regulations also apply. These refer to the subdivision of lots severed by a road, another parcel or jurisdictional boundary; boundary adjustments/parcel realignments; subdivision of parcels containing a water body, watercourse or wetland; panhandle parcels etc. Note: each zoning bylaw contains its own general subdivision regulations and it is important to know which electoral area their parcel is within.

9. What is an accessory dwelling unit?

An accessory dwelling unit, also known as granny suite, separate suite, small suite or carriage house, is a smaller house located on the same lot as a single-family dwelling. The building can be purpose built or may be a conversion of/or to an existing garage or accessory building. The maximum permitted size of these units varies across electoral areas.

10. What is a secondary suite?

A secondary suite is a self-contained residential unit within a home. They can be located in a basement of a dwelling or attached at ground level to the dwelling. The CVRD zoning bylaws for each electoral area regulates the maximum size of the secondary suite and do vary by electoral area. Always consider the specific zone, general regulations and definitions when determining eligibility for a secondary suite. To find out if the zoning allows a secondary suite on a property, first check the specific zone in the zoning bylaw, then confirm the size of the property meets the minimum parcel size required depending on its level of servicing. Not sure what the zoning is? Check out our Web Map!

11. What is an Official Community Plan?

An Official Community Plan (OCP) Amendment application is required when a proposed development does not conform to the land use designation(s) of the OCP. An amendment is the process of legally changing the land use designation on a property through an amending bylaw. The approval process for an OCP Amendment is similar to a Rezoning Application – a bylaw amendment and a Public Hearing are required before the Board adopts an OCP Amendment. In some instances, an OCP Amendment must be made before a change to zoning can occur, and the amendment applications (OCP and Rezoning) typically occur in tandem. 

When the Electoral Areas Services Committee (EASC) and CVRD Board assess new development proposals, they are required to determine whether the project is consistent with the OCP. This is done by considering the proposal based on its designation in the OCP, and through an OCP policy assessment that is done by Planning staff. Amendments to the OCP are carefully assessed, as each new proposal should help contribute to the community achieving its visions and goals.

There are some occasions where a proposal is consistent with the goals and visions of the OCP, but is in conflict with the existing OCP land use designation or specific OCP policies. In this instance, an OCP Amendment may be required.

12. What is a Development Permit?

A Development Permit (DP) is a land use permit used by local governments to review proposed developments to ensure they meet the policies and objectives of the Official Community Plan (OCP), and satisfy all required regulations in the zoning bylaw. A Development Permit may specify requirements respecting the character of development, including landscaping, and the siting, form, exterior design and finish of buildings and structures; environmental protection; protection from hazardous conditions and protection of farming. DP's may also impose conditions respecting the sequencing and timing of construction. Within designated Development Permit Areas (DPAs) land must not be subdivided or altered and buildings or structures cannot be constructed or altered, unless the owner has first obtained a DP. Once approved (by the General Manager or CVRD Board), the DP is registered against the title of the land and becomes binding on future land owners.

13. What is a Development Variance Permit?

A Development Variance Permit (DVP) is a land use permit used by local governments to 'vary' or relax a regulation. A DVP is required whenever proposed development does not meet a regulation in a zoning bylaw, sign bylaw, subdivision bylaw or parking bylaw. Examples of regulations that may be varied include building setbacks, height or site coverage. Keep in mind - a DVP cannot vary land use or density. In order to do change a land use or the density of that use you will require a rezoning application. DVP applications are discretionary, which means depending on the merits of the situation it may be denied. All DVPs are first heard by the Electoral Areas Services Committee (EASC) and then approved/denied by the CVRD Board.

14. What is an Official Community Plan (OCP) Amendment?

An Official Community Plan (OCP) Amendment application is required when a proposed development does not conform to the land use designation(s) of the OCP. An amendment is the process of legally changing the land use designation on a property through an amending bylaw. The approval process for an OCP Amendment is similar to a Rezoning Application – a bylaw amendment and a Public Hearing are required before the Board adopts an OCP Amendment. In some instances, an OCP Amendment must be made before a change to zoning can occur, and the amendment applications (OCP and Rezoning) typically occur in tandem. 

When the Electoral Areas Services Committee (EASC) and CVRD Board assess new development proposals, they are required to determine whether the project is consistent with the OCP. This is done by considering the proposal based on its designation in the OCP, and through an OCP policy assessment that is done by Planning staff. Amendments to the OCP are carefully assessed, as each new proposal should help contribute to the community achieving its visions and goals.

There are some occasions where a proposal is consistent with the goals and visions of the OCP, but is in conflict with the existing OCP land use designation or specific OCP policies. In this instance, an OCP Amendment may be required.

15. What is a Rezoning Application?

A Rezoning Application is an application to amend the Zoning Bylaw. The purpose of rezoning is to change land use regulations to allow development that aligns with CVRD Board priorities and is often used to secure development contributions to help provide public amenities.

16. Can my clients have an Air B&B?

Although 'Air B&B Inc.' is a specific short term rental marketing company, it is commonly used as a blanket term when talking about short term rentals. Zones that permit short term rentals are limited in the CVRD. Bed and breakfast short term rentals are permitted within most single-family dwellings, however they are regulated, and generally require that it be contained within a single family dwelling (not an accessory building), and that the owner reside in the single family dwelling. To determine if a property is within one of these areas, please consult the Zoning Bylaw to determine the permitted uses on the property. You can search for a property by using the Web Map.  Note: secondary suites and accessory dwelling units/detached suites are typically intended for long term rentals.

17. Can my clients cut down a tree (or trees), and do they need a permit?

The CVRD does not have a tree cutting bylaw. The CVRD does, however, regulate the cutting of trees in certain areas that have been designated as a Development Permit Area (DPA) and may even prohibit the cutting of trees and other vegetation. The Riparian Area Protection DPA is one of these areas that will require a permit prior to cutting or removal of any vegetation. Other areas that may require a permit prior to cutting trees are areas designated as a sensitive ecosystem and/or steep slope. 

Tree cutting should occur during identified low-risk timing periods (mid-September to January). If tree cutting must occur outside this time window, a thorough nest search should be conducted. Removal or modification of a nest tree requires written permission (permit) from the Province (MoE) and may also require a federal permit.

18. Can my clients have chickens?

Chickens are becoming a popular land use activity as more people look to their own yards to provide some food security. Before your clients start planning their chicken coop, be sure to check the Zoning Bylaw to ensure chickens and/or livestock are a permitted use on the property. Keep in mind that the zoning bylaw for each electoral area may address chickens differently - in some areas such as Electoral Areas A (Mill Bay) and C (Cobble Hill), there are specific regulations for the keeping of chickens while in other zoning bylaws the 'Agriculture' use covers all livestock. Be sure to read through the zone thoroughly and don't forget to check out the definitions at the beginning of the zoning bylaw for additional clarity.

19. Can my clients live in their RV?

No. An RV is a recreational vehicle designed to be used as temporary quarters for recreational, camping or travel use. Currently in the CVRD, RVs are not a permitted use in any of the zoning bylaws because RVs do not meet the BC Building Code regulations for dwellings. If your clients intend on building a dwelling and living in their RV while its under construction that is a different story! Please refer to the zoning bylaw for the 'Camping or Occupying an Existing Dwelling During New House Construction' regulation. 

20. How do I know if a property is within the Agricultural Land Reserve (ALR)?

To see whether or not a property is within the Agricultural Land Reserve (ALR) go to the online Web Map and search the property by scrolling, using an address or parcel identifier (PID). Once you have located the property, use the 'identify' tool (top left) and click on the property. Information should populate on the left with information like the zoning, and OCP designation. If a property is in the ALR you will see it listed in the items on the left. Please note: This mapping service is for general reference only. Mapping errors can occur. 

You may also consult the Agricultural Land Commission Mapping System. Note: If your property falls within the ALR, additional regulations may apply.

21. Can my clients build a 'tiny home'?

The BC Building Code requires all dwellings to be code compliant, have permanent foundations and be connected to an approved septic system. It is not the size that counts, but the connection to services and compliance with the BC Building Code. The zoning bylaws regulate the maximum size of a dwelling but not the minimum (except some in Area D). Note: tiny homes on wheels, or recreational vehicles on wheels, are not permitted to be used as full time dwellings because they do not meet BC Building Code Regulations.

22. What is an Easement, Covenant or Statutory Right of Way?

These are charges that may be registered against title to lands. This generally means the terms within them will bind future purchasers of lands subject to the charge. Parties can access registered charges through MyLTSA. All persons should seek legal or other professional advice in reviewing and interpreting land title documents and charges registered against title.