Proposed Zoning Bylaw Update

May 16, 2024

Following the Province of BC’s adoption of Bill 44 mandating local governments to allow more small-scale, multi-unit housing in residential zones, the City of Fernie has been working to develop amendments to its Zoning Bylaw.

Staff have thought carefully about the province’s recommended changes to zoning regulations, and drafted amendments that help promote the developability of attainable housing on residential lots while retaining the character of Fernie’s existing neighbourhoods. The proposed changes that aim to minimize impact to residents with less imposing heights and parcel coverage than the province has recommended, and consider the town's projected population growth, unique transportation options, and parking needs.

On April 16, 2024, the City of Fernie presented Council with a draft bylaw amendment that satisfies Province’s requirements, allowing Council to understand the concepts and provide feedback before considering the amendment for adoption in June.

What are the Proposed Changes?

  • Existing Residential zones within the Zoning Bylaw including R1, R1SL, R1B, R-WF, R-WF1, R2, R2-RS, will be consolidated and replaced with one zone ‘RSS – Residential - Small-Scale Zone’.
  • Low density zones in the Comprehensive Development areas like the Cedars and Montane will not be part of the blanket zone, but will be amended individually to allow for Small-Scale Multi-Unit Housing.
  • Four (4) dwelling units will be permitted on properties over 280 square metres in size, and three (3) dwelling units on lots with a minimum size of 250 square metres and a maximum size of 280 square metres.
  • New dwelling units can be developed in a variety of housing types including combinations of (but are not necessarily limited to): single detached dwellings, secondary suites, detached accessory dwelling units (such as garage suites), duplexes, triplexes, fourplexes, townhomes.
  • Buildings can be constructed up to a height of 10 metres (one metre lower than the provincial recommendation), with a reduced height of 8 metres within a 6-metre setback from the rear property line to reduce the overall massing.
  • Maximum parcel coverage can increase on a sliding scale of 35% to 50% based on the number of dwelling units created (provincial recommendation 50%)
  • Minimum off-street parking requirements can be reduced on a sliding scale of 2 to 5 spaces based on the number of dwelling units created (provincial recommendation 1 to 4 spaces)

Key Dates

  • Zoning Amendments will be presented at the Regular Meeting of Council on May 28, 2024, for first, second, and third readings.
  • Zoning Amendments will be considered by Council for adoption at the Regular Meeting of Council on June 11, 2024 (tentative date).
  • Provincial deadline for municipalities to adopt small-scale, multi-unit housing bylaw amendments is June 30, 2024.

The Province of British Columbia has legislated that the Zoning Bylaw amendments are subject to Public Notice. Provincial changes to Public Hearing requirements mean that public comments will not be accepted as part of the process.

Review the City of Fernie's proposed zoning regulation changes, here.

Watch a recording of the Council meeting discussion, here.

Related Information

Short-Term Rentals will be required to follow the existing City of Fernie regulations. For more information, visit the Short Term Rental informaiton page.

For more detailed information about how the changes relate to infrastructure, utilities and development cost charges, read the Staff Report to Council - April 16, 2024.

Read about the Province's legistlated changes in the Small-Scale Multi-Unit Housing Toolkit for Local Governments.

Read about the Province's recommended changes to zoning reulations in the Provincial Policy Manual & Site Standards Guide.