262_2023 — Local Government Zoning Bylaw Regulation

s. 1 — Definition

In this regulation, Act means the Local Government Act.

s. 2 — Small-scale multi-family housing requirements for zoning bylaws

s. 2(1)

For the purposes of section 481.3 (4) [zoning bylaws and small-scale multi-family housing] of the Act,

s. 2(1)(a)

the prescribed minimum number of housing units for each parcel of land that is 280 m 2 or smaller is 3,

s. 2(1)(b)

the prescribed minimum number of housing units for each parcel of land that is larger than 280 m 2 is 4, and

s. 2(1)(c)

the prescribed population is 5 000.

s. 2(2)

In determining the population of a municipality for the purposes of subsection (1) (c), a local government must use the population determined by the most recent census of population taken under the Statistics Act (Canada).

s. 2(3)

For the purposes of section 481.3 (5) of the Act,

s. 2(3)(a)

the prescribed minimum number of housing units is 6,

s. 2(3)(b)

the prescribed distance is 400 m, and

s. 2(3)(c)

the prescribed parcel size is 281 m 2.

s. 2(4)

A bus stop is a bus stop for the purposes of section 481.3 (5) (a) of the Act if the bus stop is served by at least one bus route in respect of which a bus is scheduled to stop at the bus stop as follows:

s. 2(4)(a)

at least every 15 minutes, on average, between the hours of 7 a.m. and 7 p.m., Monday to Friday;

s. 2(4)(b)

at least every 15 minutes, on average, between the hours of 10 a.m. and 6 p.m. on Saturdays and Sundays.

s. 3 — Exemptions from small-scale multi-family housing requirements

s. 3(1)

Section 481.3 (3), (4) and (5) of the Act does not apply in relation to land if the following requirements are met in respect of the land:

s. 3(1)(a)

the land is subject to a hazardous condition;

s. 3(1)(b)

development of the land to a density of use required to be permitted under the applicable provision of the Act would significantly increase the threat or risk from the hazardous condition;

s. 3(1)(c)

the threat or risk from the hazardous condition cannot practically be mitigated;

s. 3(1)(d)

the local government has obtained a report in which a qualified professional, as described in paragraphs (c) to (f) of section 55 (1) of the Community Charter, certifies to the local government the matters set out in paragraphs (a) and (b).

s. 3(2)

Section 481.3 (4) and (5) of the Act does not apply in relation to land that is within a transit-oriented area.

s. 4 — Consistency with official community plan

For the purposes of section 788 [transition – effect of official community plan] of the Act, December 31, 2025 is prescribed.