Be In The Know

November 01,2024

Navigating Zoning Laws for Multi-Family Developments in Kelowna

In our previous post, we spoke about how Kelowna is a great place teeming with opportunities for multi-family developments and how to choose the right location for your investment.

However, one important we didn’t cover (it deserves a guide to itself) comes in the form of zoning laws.

Now, I know what you’re thinking. Zoning laws? Sounds about as exciting as watching paint dry, right? But trust me, these regulations can make or break your project.

They dictate everything from how many units you can build to how tall your building can be and even where you can put the parking lot.

But don’t worry; we won’t bore you with legal jargon or dry technicalities. We’ll break it down in plain English, so you can understand the ins and outs of zoning and how it impacts your multi-family development dreams.

Your crash course into zoning laws, so to speak.

By the end of this, you’ll be armed with the knowledge you need to ensure your development project is not only beautiful but also perfectly legal.

Let’s get into it.

 

Zoning 101 – The Basics: Let’s Get This Straight

Alright, let’s start with the fundamentals. What exactly is zoning, anyway?

Zoning laws in Kelowna are essentially a set of rules for how land can be used in a city or town. Much like a referee, these laws ensure everyone plays fair and the neighbourhood stays balanced.

That means no massive high-rise commercial skyscrapers next to your suburban escapes.

In Kelowna, just like in most cities, the land is divided into different zones or districts. You’ve got your residential zones where people live, commercial zones for businesses, industrial zones for factories, and so on. Each zone has its own set of rules about what you can and can’t build there.

Now, let’s talk about some key zoning terms you’ll hear thrown around.

  • Density: This refers to how many dwelling units (like apartments or townhouses) you can build on a piece of land. Higher density means more units, which is usually what you want for a multi-family development.
  • Setbacks: These are the minimum distances your building has to be from the property lines. It’s like giving your building some breathing room so it’s not right up against the neighbour’s fence.
  • Height Restrictions: Pretty self-explanatory – how tall can your building be? This is often regulated to maintain the character of a neighbourhood or to ensure views aren’t blocked.
  • Parking Requirements: How many parking spaces do you need to provide for your tenants and their visitors? This can vary depending on the zone and the type of development.

 

There are a few other zoning terms you might encounter, but these are the big ones. Don’t worry if it feels like a lot to take in right now. The key is to understand that zoning sets the ground rules for what you can build, where you can build it, and how big it can be.

 

Zoning and Multi-Family Developments – The Rules of the Game

A multifamily home being constructed with the wooden frame complete

Now we’ve covered the zoning basics, let’s see how they specifically apply to your multi-family development dreams in Kelowna. This is where things get interesting – and potentially a bit more complex.

  • Permitted Uses: First things first, you need to make sure multi-family developments are even allowed in the zone where you’re looking to build. Typically, you’ll find them permitted in zones like Residential Multiple Housing (RM), Urban Residential (UR), and certain Comprehensive Development (CD) zones. But always double-check the specific zoning bylaw to be sure.
  • Density Regulations: This is where things can get a little tricky. Each zone has its own density limits, which determine how many units you can squeeze onto your property. You might see this expressed as a Floor Area Ratio (FAR) or a maximum number of units per acre. The higher the density, the more units you can build, but also the more restrictions you might face in terms of setbacks, height, and parking.
  • Setbacks and Height Restrictions: These regulations can significantly impact the design and layout of your building. Setbacks determine how close you can build to the property lines, while height restrictions limit how tall your building can be. These rules are in place to ensure adequate light, air, and privacy for everyone in the neighbourhood.
  • Parking and Amenity Requirements: Zoning also dictates how many parking spaces you need to provide for your tenants and their visitors. And depending on the zone, you might also be required to include specific amenities, like bike storage, landscaping, or even a playground.

 

To see the full zoning bylaw online, click here for the official Kelowna website.

Navigating these regulations can feel like a maze, but don’t worry, you don’t have to do it alone. The City of Kelowna has planning staff who can help you understand the specific zoning requirements for your chosen location.

Alternatively, you can work with a custom homes developer who specializes in these kinds of processes, such as our expert teams here at 3rd Gen Homes, who can guide you through the process and handle the process behind the scenes.

 

The Rezoning Process – When the Rules Need a Little Tweaking

Let’s say you’ve found the perfect property in Kelowna, but the zoning doesn’t quite align with your grand vision for a multi-family development. Don’t panic just yet. There’s a potential solution: rezoning.

Rezoning is essentially asking the city to change the zoning designation of your property to allow for a different type of use or development. It’s not always easy, but it can be done, especially if your project aligns with the city’s overall goals and vision.

So, when might you need to consider rezoning? Here are a few scenarios:

  • You want to build a higher-density development than the current zoning allows.
  • You want to include commercial space in your residential building.
  • The existing zoning doesn’t permit multi-family developments at all.

 

If you find yourself in one of these situations, it’s time to start the rezoning process. This typically involves submitting an application to the city, which will then be reviewed by planning staff and potentially go through a public hearing process. The final decision rests with the City Council.

Now, let’s be honest; rezoning can be a bit of a rollercoaster. It takes time, patience, and a whole lot of paperwork. But there are things you can do to increase your chances of success:

  • Do your homework: Make sure your proposal aligns with the city’s Official Community Plan and other planning documents.
  • Engage the community: Talk to your neighbours and address any concerns they might have about your project.
  • Work with professionals: Consider hiring a planner or consultant to help you navigate the process.
  • Be prepared to compromise: You might not get everything you want, but be open to finding solutions that work for everyone.

 

Rezoning is not for the faint of heart, but if you’re passionate about your project and willing to put in the effort, it can be a worthwhile endeavour. Just remember, it’s all about working with the city, not against it, to create something that benefits everyone.

 

Wrapping It Up

Phew, that’s a lot of ground covered.

The takeaway here is that zoning laws in Kelowna aren’t just bureaucratic red tape.

They’re the framework that shapes our communities, ensuring they grow in a way that benefits everyone. By understanding and respecting these regulations, you’re not just building a successful development; you’re contributing to the vibrancy and livability of Kelowna.

So, as you embark on your multi-family development journey, keep zoning top of mind. Do your research, talk to the experts, and be prepared to navigate the process with patience and persistence.

And if you ever find yourself feeling lost in the zoning maze, don’t hesitate to reach out for help. Our professional, award-winning team here at 3rd Gen Homes has dealt with this kind of stuff for years, and it’s what we do day in, day out.

If you have any questions about your project, hit us up, and we’ll be happy to help.