The Official Community Plan outlines strategies for directing growth and development in Peachland. Developed through extensive community consultation, the OCP is the community's collective vision which outlines Council's policy direction for land use, services, and the form and character of development within specific areas. Any changes to the policies or land use designations, as outlined in the OCP, requires an amendment.
A zoning bylaw is a set of rules that regulate how land, buildings, and structures can be used in a community. Zoning bylaws are created by regional districts and municipalities to implement the goals of an Official Community Plan.
What zoning bylaws regulate?
- Use: What types of buildings and structures are allowed in a given area
- Size: The maximum size of buildings and structures
- Location: Where buildings and structures can be placed
- Density: How many buildings and people can be in a given area
- Parking: How many parking spaces are required
- Subdivision: How land can be divided into lots
- Fencing: What standards apply to fencing
- Signage: What standards apply to signage
How do zoning bylaws help the community?
- Zoning bylaws help to implement the goals of an Official Community Plan
- Zoning bylaws can help to support community sustainability and resilience
- Zoning bylaws can help to regulate the density of development
How do property owners use zoning bylaws?
- Property owners can consult the zoning bylaw to determine what they can build on their property
- Property owners can apply to amend a zoning bylaw if they want to make changes to what they can build on their property
There are a variety of regulatory bylaws that impact development in Peachland. Frequently referenced bylaws are linked below.
- Peachland Housing Needs Assessment 2023
- Peachland Interim Housing Needs Report 2024
- Terms of Reference for Professional Reports and Technical Studies
- Area Sector Plans (ASPs) are in place for Lower Princeton, New Monaco, and Pincushion-Ponderosa Ridge. Please contact the Planning Department for information on these documents.
The Agricultural Land Reserve is BC’s provincial zone that preserves agricultural land for the future. The Agricultural Land Commission is the administrative tribunal that adjudicates applications in the ALR while prioritizing and protecting the ALR land base and its use for agriculture.
Visit the ALC's website for more information including permitted uses, applications, decisions and more.
Provincial Planning Legislation Changes 2024
PRINTABLE: BC Planning Leg Changes 2024 (pdf)
Summary
On November 1, 2023, the Province of BC announced sweeping new planning regulations as part of the Homes for People Action Plan created to encourage more housing options within BC communities by establishing a more efficient and effective process.
By June 30, 2024, all BC municipalities are required to amend their zoning bylaws to support the Province’s vision of more homes for families, seniors, young people and more. By December 31, 2025, Official Community Plans must be amended to reflect new legislative requirements and the updated zoning bylaws.
Municipalities WILL NOT be allowed to hold public hearings for rezonings for projects that align with the OCP and predominately offer residential development.
New Provincial Legislation
BILL 44 - HOUSING STATUTES (RESIDENTIAL DEVELOPMENT)
Bill 44 requires all municipalities with a population over 5,000 to amend zoning regulations to allow up to four units on all serviced (water and sewer) residential lots currently zoned for single-detached or duplex dwellings. These changes to the Zoning Bylaw must be made by June 30, 2024. The District’s Planning Department anticipates providing information at a Council meeting in May regarding the provincial changes and the plan to implement the required changes in the District of Peachland.
Timeline for Peachland's BILL 44-Related Changes
- Undertaking an analysis of Peachland properties impacted by the new small-scale, multi-unit housing legislation.
- Update new designated zones in Peachland’s Zoning Bylaw in adherence with the Provincial standards.
- Present updated Zoning Bylaw to Council for three readings, anticipated in June 2024. In accordance with the new legislation, a public hearing will not be held, and a notice of waiver of a public hearing will be provided in accordance with the process set out in the Local Government Act. Adoption of the new Zoning Bylaw amendments to follow at a subsequent meeting.
- By December 31, 2025, update Peachland’s Official Community Plan to reflect new legislative requirements and the updated Zoning Bylaw. The new legislation requires a municipality to prepare a Housing Needs Report by January 1, 2025. Peachland completed its Housing Needs Assessment in September 2023 and anticipates minor updates being required to satisfy the new legislation.
BILL 35 - SHORT-TERM RENTAL ACCOMMODATIONS ACT
Peachland’s short-term rental, or Bed and Breakfast, regulations are already in line with the new provincial legislation and won’t need to be updated. Effective May 1, 2024, Bill 35 - Short-Term Rental Accommodations Act requires short-term rental hosts to display a valid business licence number on listings and join a provincial short-term rental registry. Rentals must also be located within the host’s principal residence.
Peachland already requires that homeowners offering B&Bs or short-term rentals acquire a business licence to operate. Suites or B&Bs must also be located within the homeowner’s principal residence, ie: no short-term rental of the entire home or garden suite.
Find out more about the Province's Homes For People Action Plan, visit https://strongerbc.gov.bc.ca/housing/
BILL 47 - TRANSIT ORIENTED DEVELOPMENT (TOD) AREAS
Does not apply to Peachland. The District of Peachland is NOT one of the 31 identified BC municipalities that are required to designate Transit-Oriented Areas (TOAs) and adopt minimum allowable densities prescribed in Bill 47 – Housing Statutes (Transit-Oriented Development) Amendment Act.
BILL 46- NEW DEVELOPMENT FINANCING TOOLS
To help municipalities cover the costs associated with increased demands on core infrastructure and services that development can bring, Bill 46 Housing Statutes (Development Financing) Amendment Act introduced a new development financing tool for municipalities, Amenity Cost Charges, and expanded the scope of Development Cost Charges (DCCs). The District will be commencing a review of the DCC Bylaw and Amenity Contribution Policy in 2024.
PUBLIC HEARINGS
Under Bill 44, municipalities are not allowed to hold public hearings if:
- The zoning bylaw amendment aligns with the Official Community Plan;
- The zoning bylaw amendment is intended to facilitate residential development; and
- At least half of all structures in the development are designated for housing.
Public notice and consultation are still required for zoning amendment applications but will occur earlier in the application process to allow more time for feedback to be obtained. Public hearing requirements for Official Community Plan amendments are unchanged by Bill 44 and are still required in the District of Peachland.
PUBLIC NOTIFICATION
The public can stay informed by subscribing to receive email notification at www.peachland.ca/subscribe.
MORE INFORMATION
- https://strongerbc.gov.bc.ca/housing - BC's Homes For People Action Plan
- SSMUH Legislation Toolkit for Local Governments - A plain language overview of the Small-Scale, Multi-Unit Housing (SSMUH) Legislation
Development Cost Charges
- DCC Bylaw 2155 Consolidated Rate Sheet- 2024
- District of Peachland Development Cost Charges Bylaw 2155
Introduction to Development Cost Charges (DCCs)
Urban expansion and development often lead directly to an increase in the demand for sewer, water, drainage, parks and roads.
Development cost charges (DCC's) are monies that municipalities and regional districts collect from land developers to offset that portion of the costs related to these services that are incurred as a direct result of this new development. The demand created does not always relate to works that are located adjacent to the property being developed. For example, new development may require a local government to increase the size of its water storage reservoir. Developers pay DCCs instead of the existing taxpayers who are not creating the demand and are not benefiting from the new infrastructure.
Using DCCs, local government can apply a common set of rules and charges to all development within a community. DCCs are applied as one-time charges against residential, commercial, industrial and institutional developments. They are usually collected from developers at the time of subdivision approval or at the time of issuing a building permit.
Part 26, Division 10 of the Local Government Act sets out the general requirements under which local governments may charge DCCs.
DCC Exemptions
DCCs may be imposed on most, but not all, residential and commercial development. However, buildings for public worship, development subject to a land use contract and buildings under $50,000 are specifically excluded from DCC charges. Services such as: childcare, fire and police protection, libraries, recreation are also generally exempt from DCC charges.
The Application of DCCs (Physical Area)
DCCs can be specified according to different zones or specified areas as they relate to different classes and amount of development, but charges should be similar for all developments that impose similar capital cost burdens on a local government. For example, DCCs for road costs may be charged at the same rate across the municipality, while DCCs for sewer costs may be charged based on a development's specific location.
Financial Requirements
DCCs must be kept in a separate fund from a local government's general operating fund. A local government may only spend DCC monies, and the interest earned on them, for the specific projects and services for which they were originally collected. For example, DCCs collected for sewer infrastructure in a new development may only be spent on this development's new sewer system.
Generally, infrastructure construction begins after enough DCCs have been collected by the local government for the project; however, in certain circumstances construction must begin before enough funds have been collected. In these circumstances either the local government or the developer will "front-end" the cost. These costs are then recovered through DCCs as the development progresses. If either the local government or the developer borrows funds to pay these costs the interest paid on these borrowed monies can be recovered through future DCCs.
Collection of DCCs
DCCs must be paid in full at the time of subdivision approval (single family developments), or when the building permit is issued (multi-family development and non residential land uses). The Development Cost Charge (Installments) Regulation sets out the circumstances in which DCC payments can be made by instalment.