EcoDensity: making Vancouver sustainable, livable, affordable

[chowhou]

Originally Posted by GenWhy?

My vague understanding of Vancouver's city charter made is "untouchable" in a sense, to direct zoning intervention.

Well if the Vancouver Charter makes direct zoning intervention untouchable... simply touch the Vancouver Charter!

Bill 44 - 2023 (the legislation we've been talking about) significantly amends the Vancouver Charter to allow the province to directly intervene in Vancouver zoning.

Specifically:

28 The following section is added to Division (1) of Part XXVII:
Limits on use of this Part and Part XXVIII

559.01 The following powers must not be exercised in a manner that unreasonably prohibits or restricts the use or density of use required to be permitted under section 565.03 [zoning by-laws and small-scale multi-family housing]:

(a) a power in relation to a by-law or permit under Division (3) [Zoning] of this Part;

(b) a power in relation to a heritage alteration permit, as defined in section 575 [definitions];

(c) a power under section 596A [designation of heritage conservation areas].

30 The following sections are added:
Zoning by-laws and small-scale multi-family housing

565.03 (1) In this section:

"manufactured home zone" means a district or zone in respect of which the only permitted residential use is for manufactured homes as defined in section 673 [definitions in relation to Part 17] of the Local Government Act;

"restricted zone" means,

(a) for the purposes of subsection (3), a district or zone in respect of which the permitted residential use would, but for this section, be restricted to detached one-family dwellings, and

(b) for the purposes of subsections (4) and (5), a district or zone in respect of which the permitted residential use would, but for this section, be restricted to

(i) detached one-family dwellings,

(ii) detached one-family dwellings with one additional housing unit located within the detached one-family dwelling or on the same parcel or parcels of land on which the detached one-family dwelling is located,

(iii) duplexes, or

(iv) duplexes with one additional housing unit located within each dwelling comprising the duplex or no more than 2 additional housing units on the same parcel or parcels of land on which the duplex is located,

but does not include a manufactured home zone.

(2) Subject to an exemption under section 565.04 or set out in the regulations, a zoning by-law adopted on or after June 30, 2024 must permit the use of land, the use of land covered by water and the use of buildings, and the density of use, required under this section to be permitted.

(3) The Council must exercise the powers referred to in section 565 [zoning by-law] to permit the use and density of use necessary to accommodate one or both of the following on land within a restricted zone:

(a) at least one additional housing unit within a detached dwelling that would otherwise be a one-family dwelling;

(b) at least one additional housing unit within another building on the same parcel or parcels of land on which a detached one-family dwelling is located.

(4) The Council must exercise the powers referred to in section 565 to permit the use and density of use necessary to accommodate at least the prescribed number of housing units on the following land within a restricted zone:

(a) each parcel of land wholly or partly within an urban containment boundary established by a regional growth strategy applicable to the city;

(b) if paragraph (a) does not apply, each parcel of land wholly or partly within an urban containment boundary established by a development plan.

(5) Despite subsection (4), the minimum number of housing units that must be permitted by the Council on a parcel of land referred to in paragraph (a) or (b) of subsection (4) is the greater number prescribed for the purposes of this subsection if the parcel of land is

(a) wholly or partly within a prescribed distance from a bus stop in relation to which the prescribed requirements are met, and

(b) at least the prescribed size.

(6) If the Lieutenant Governor in Council makes regulations respecting the siting, height, bulk, location, size or type of housing unit required to be permitted under this section, the Council must exercise the powers referred to in section 565 in accordance with those regulations.

(7) In developing or adopting a zoning by-law to permit the use and density of use required under this section to be permitted, the Council must consider applicable guidelines, if any, under section 565.07 [provincial policy guidelines related to small-scale multi-family housing].