Zoning Bylaw Review and Update

Share on Facebook Share on Twitter Share on Linkedin Email this link

Zoning Bylaw No. 55 was adopted by Council on November 2, 2021. Consultation on this project has concluded. 

After a lengthy review and update process, Zoning Bylaw No. 55 was adopted by City Council on November 2, 2021. Zoning Bylaw No. 55 replaces Zoning Bylaw No. 5-1-2001.

At the August 31, 2021, Regular Council Meeting, Council received a summary of the review process and viewed the final draft of proposed Zoning Bylaw No. 55. The bylaw was read a first and second time and a Public Hearing was authorized for September 28.

Following the September 28 Public Hearing, Zoning Bylaw No. 55 was a read a third time. In response to feedback from members of the public

After a lengthy review and update process, Zoning Bylaw No. 55 was adopted by City Council on November 2, 2021. Zoning Bylaw No. 55 replaces Zoning Bylaw No. 5-1-2001.

At the August 31, 2021, Regular Council Meeting, Council received a summary of the review process and viewed the final draft of proposed Zoning Bylaw No. 55. The bylaw was read a first and second time and a Public Hearing was authorized for September 28.

Following the September 28 Public Hearing, Zoning Bylaw No. 55 was a read a third time. In response to feedback from members of the public, Council also passed a resolution directing staff to prepare a zoning amendment bylaw to remove “convention or civic centre” from the list of permitted uses in the P1 zone.

Zoning Bylaw No. 55 was held at third reading pending Ministry of Transportation and Infrastructure approval; this was received on October 19, 2021.

A summary of changes in Zoning Bylaw No. 55, compared to Bylaw 5-1-2001 and to the draft bylaw No. 55 presented to the public in the fall of 2020, is available here. An interactive map of current and proposed zoning is available here.

The zoning bylaw regulates the use of land within city limits. The updated bylaw aims to be more clear, user-friendly, and business-friendly than the existing bylaw; to implement policies of KAMPLAN—the City's Official Community Plan—and other guiding documents; and to implement best practices in the areas of planning, sustainability, and accessibility.

From October to December 2020, the City facilitated a community and stakeholder engagement phase on the proposed Zoning Bylaw No. 55. The input received is summarized in the Zoning Bylaw Review and Update Community and Stakeholder Engagement Phase Summary Report.

Major changes made to the final draft Zoning Bylaw, in response to engagement feedback and/or input from the Committee of the Whole, are as follows:

  • retaining the current minimum lot size (929 m2) and for subdivision of RS-2 zoned properties in Dallas, Juniper and Aberdeen, while also allowing legal secondary and garden suites
  • updating the C1 (General Commercial) zoning proposed for Columbia Street West between Grandview Terrace and McGill Rd to require specified ground floor commercial uses to discourage conversion of existing hotels into multifamily accommodation without investment that promotes commercial vibrancy
  • replacing proposed requirements to make all new developments ready to install electric vehicle (EV) charging infrastructure with an incentive approach that provides parking reductions in exchange for EV ready stalls
  • adding provisions for increased residential density for multi-family development that includes market rental, affordable market rental, below market rental, or social housing units
  • updated regulations for shipping containers that allow them on a temporary basis in all zones, and on a permanent basis in non-urban or suburban residential zones, subject to regulations on number, size, siting, and public safety.

In response to favourable feedback from the public and stakeholders, the following changes proposed prior to the engagement phase remain in the revised bylaw:

  • expanding permitted uses, which will provide more location choices for businesses
  • permitting customers to enter the home for certain home-based businesses
  • introducing RS1 zoning, which will allow residential suites and 464 m2 minimum lot size for subdivision into a wider range of residential areas (except Dallas, Juniper and Aberdeen)
  • allowing larger accessory buildings, higher fence heights, and requiring minimum front yard landscaping on residential lots
  • introducing parking regulations that support active transportation and improved accessibility
  • permitting multi-family development in shopping centres and restricting drive-thru businesses in major town centres

Zoning Bylaw No. 55 was adopted by Council on November 2, 2021. Consultation on this project has concluded. 

Thank you for taking the time to ask us a question. We will do our best to answer your question in 1-3 business days. 

  • Share on Facebook Share on Twitter Share on Linkedin Email this link

    The city is looking at allowing home based businesses as a way to “stimulate” the economy. Has the city considered the whole picture? As a person who ran a home based business in which no customers came to the home, and no shipments were received or sent, i.e. it was a consulting business operating via e-mail. In the last year of operating this business I was informed I would have to pay a significantly higher rate for home insurance, because I had a home business. I eventually found one insurance company that had not yet cashed in on the “home business cash cow”. I was offered no explanation by insurers why premiums were so high...they mumbled something about mortgages (which I did not have). I think the city should look into why insurance companies consider home based businesses such a risk, and I think the city is responsible for looking at the bigger picture, before encouraging citizens down this path.

    marion asked over 2 years ago

    Hi there,

    Thanks for your message regarding insurance rates for home-based businesses. There are many factors to consider when starting a business, including zoning, health, and building code requirements, insurance rates, etc.  At this point the City is contemplating changes to zoning regulations, which are within the City’s jurisdiction, that will support both commercial and home-based businesses.  As insurance rates are outside the City’s jurisdiction to regulate, we cannot control them. Our intent behind these proposed changes is to provide broader development and business opportunities in residential areas from a zoning perspective.

    –Zoning Bylaw Review and Update Project Team

    November 8, 2020, follow up question from Marion: 

    My question pertaining to increased insurance rates, and an assumed increase in risk/liability, begs the question: has the city done due diligence on its own liability. For example if someone is visiting a home based business on a location newly zoned for this purpose, and they are injured while entering because of inadequate snow clearing, ice on the roads, or lack of sidewalks, is the city liable? As you know snow clearing in Kamloops is prioritized. Downtown business areas are often cleared several times before outlying areas that are not main thoroughfares are cleared. 

    There are also cases when city utilities fail and cause damage to a home. Causing damage to a home and a home based business could increase the city’s liability. If so, I don’t know what mechanism can be put in place to charge home based business a higher property tax rate in order to offset additional potential costs.

    Marion

    November 16, 2020, follow up answer from the City:

    Hi Marion,

    Thanks for your question and sorry for the delay in answering. It is challenging to say definitively how our proposed changes to home-based business regulations will impact the City’s liability as insurance claims are dealt with on a case-by case basis. Should an incident or loss occur and the City of Kamloops becomes involved, the City, along with our insurer, would investigate all the circumstances of the loss and determine whether or not there was any negligence involving the City.

    In general, the City of Kamloops will be responsible for their legal duties and the home-based business will be responsible for theirs. We encourage home-based business operators to discuss their insurance needs with a professional insurance broker.  Their broker would give them the information they need for their liability and property protection. 

    With respect to property taxes for residential vs. home-based business use, properties with home-based businesses pay more property taxes if the property is deemed by BC assessment to be a split Class property (Residential/Business). In 2020, the Residential (Class 1) municipal rate was 4.74 per $1000 of assessed value and the Business (Class 6) rate was 12.91 per $1,000 of assessed value.  BC Assessment gives direction that if a property is primarily residential in nature it will be classified as Residential. The general rule is that only those with substantial high visibility home-based businesses (which would include businesses such as home-based hair salons proposed to be allowed in our new zoning bylaw) would be split-classified. Please consult BC Assessment’s Home-Based Business (Live-Work) Properties Policy for more information: https://info.bcassessment.ca/services-and-products/APPs/Home-Based-Business-Live-Work-Policy.pdf

    –Zoning Bylaw Review and Update Project Team

  • Share on Facebook Share on Twitter Share on Linkedin Email this link

    Do the proposed lot size zoning changes to the benchlands neighborhood apply to future developments in addition to existing lots? For example in the 3000 block of Similkameen place where it seems a development may take place in the future. Thanks

    Aaron asked about 2 years ago

    Hi Aaron,

    Thanks for your question. The proposed RS2 zoning will only apply to existing residential lots currently zoned RS-1. The area to the south and east of Similkameen Place will continue to be zoned A-1 (Agricultural), and the area around the City's reservoir will continue to be zoned P-4 (Public and Quasi-Public Use). 

    -Zoning Bylaw Review and Update Project Team

  • Share on Facebook Share on Twitter Share on Linkedin Email this link

    In regards to the rezoning of Columbia street West Lower Sahali. Is the goal of the rezoning to encourage redevelopment of the run down motels (star lodge etc.)? Or is the city actively trying to bring these properties into compliance allowing, long term rentals in run down motel rooms. I believe you need to clarify this with the public, as under the current circumstances, zoning would enable property owners with limited liquidity to continue making income while not upgrade the properties and causing strain on the community. I fear if this zoning is approved it has the potential to create a Vancouver Downtown Eastside Single Room Occupancy hotel situation.

    Patrick asked over 2 years ago

    Hi there Patrick, 

    Thanks for the question. The intention behind our proposed zoning changes for the Columbia Street West corridor is to encourage redevelopment of the old hotel/motel properties in the area without legitimizing the current use of motels for long-term rentals. While we cannot force property owners to redevelop their properties, updated zoning enables new development to occur by increasing the properties’ highest and best use value. In addition to the zoning changes, we are also exploring other options to encourage redevelopment such as designating the area as a revitalization tax exemption area, which could provide tax breaks for new development in the area. We are also encouraging property owners to better maintain their properties by enforcing Good Neighbour Bylaw No. 49-1, 2017.

    -Zoning Bylaw Review and Update Project Team

  • Share on Facebook Share on Twitter Share on Linkedin Email this link

    Not clear on change from rm1 to rm2. See parts of juniper have this proposed change but not clear on what that means, or impact to street parking, which is already crazy.

    Sagebrush asked about 2 years ago

    Hi there,

    Thanks for your question. In the new zoning bylaw, the names of the RM- zones have changed slightly, so that all properties previously zoned RC-1 will be called RM-1; properties zoned RM-1 will called RM2, RM-2 properties will be called RM3, and so on. The overall use and density of the existing RM-1/proposed RM2 zone will remain the same. Off-street parking requirements for new multi-family developments will be slightly reduced but this change will not impact the parking supply of existing developments.

    -Zoning Bylaw Review and Update Project Team

  • Share on Facebook Share on Twitter Share on Linkedin Email this link

    What is the deadline for public engagement on this?

    gruckert asked over 2 years ago

    Hi there,

    Thanks for your inquiry. The official public engagement period will end on November 16. At that time we will be closing our online engagement tools (ie. survey), and the project team will begin to compile and review all of the community and stakeholder feedback. We will keep the public informed (on our Let's Talk website, as well as in other places) about what we heard and what we learned during the community engagement period, and on any revisions made to the Draft Zoning Bylaw based on the feedback received.

    –Zoning Bylaw Review and Update Project Team