About this project
Burnaby is undertaking a comprehensive update of our Zoning Bylaw to modernize and simplify our existing development regulations for all zoning districts and to implement new provincial legislation and City plans and policies.
The Zoning Bylaw is a tool for regulating land use which communicates technical requirements relating to use, density, and location of development in Burnaby. While the Zoning Bylaw is periodically amended in response to ongoing development needs, it has been nearly 60 years since the document has been comprehensively reviewed. The Zoning Bylaw Rewrite project will create a new bylaw to replace the current Burnaby Zoning Bylaw No. 4742, which was adopted in 1965.
What is zoning?
What's happening now
The process
The work for our Zoning Bylaw rewrite will be coordinated with several key City projects and provincial initiatives, including the Burnaby 2050 Official Community Plan (OCP) update and new provincial legislation on small-scale multi-unit housing (SSMUH) and transit-oriented areas. As these projects progress to important milestones, the phases of the Zoning Bylaw rewrite project will advance alongside them.
The Zoning Bylaw Rewrite project will develop through 4 phases, leading to the development of a new bylaw document to be presented to Council by the end of 2025. Throughout the process we’ll be consulting with subject matter experts and Burnaby residents, some of which will be completed in coordination with the OCP planning process.
Phase 1
A key component of Phase 1 is simplifying our residential zoning districts. This includes preparing 2 major amendments to the existing Zoning Bylaw that are driven by new provincial legislation on small-scale multi-unit housing and transit-oriented areas.
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Small-Scale Multi-Unit Housing – New R1 SSMUH District
In November 2023, the Province of BC introduced new legislation (Bill 44) with the intent of addressing affordability by creating more housing supply. The legislation mandates that municipalities permit the construction of 3 to 6 dwelling units on all lots zoned for single- and two-family uses in the form of small-scale multi-unit housing (SSMUH).
As the City of Burnaby is required to comply with the new legislation, a major amendment to the Burnaby Zoning Bylaw is proposed that will consolidate the 12 existing R-Districts into one new R1 SSMUH District. The proposed regulations were introduced to Council on April 15, 2024, with final adoption targeted for June 2024 to meet provincial deadlines. See our Summary of the Proposed Regulations for more information.
Following adoption, the City will begin accepting development applications under the new regulations in July. More information on the application process for SSMUH will be made available in the coming months. See our Development & Amenity Cost Charges webpage for details on the City’s new Development Funding Program and associated rates.
Transit-Oriented Areas
Also in November 2023, the Province introduced legislative changes (Bill 47) to residential uses within transit-oriented areas (TOAs), which are those areas within 800 m of SkyTrain stations and 400 m of bus exchanges. The changes include establishing residential building heights within TOAs to allow for 8 to 20 storeys, in line with a distance-based framework.
The Province requires municipalities to identify transit-oriented areas by the end of June 2024, with the adoption of related zoning regulations to follow. For more information on the new legislation, see our provincial housing changes webpage and our Q&A section below.
Questions and answers
General
Provide flexible and modern regulations
Develop more flexible regulations that support creative and innovative design opportunities while aligning with the goals of other City policies.
Make zoning accessible and easy to comprehend
Create a document that is easy to access and understand, including making use of more explanatory visuals.
Improve ease of use for applicants and City staff
Make the Zoning Bylaw more user-friendly for applicants, residents, design professionals, and City staff.
Implement and align with policies and programs
Ensure that recent provincial legislation and City plans, strategies, and programs are implemented.
The provincial government defines small-scale multi-unit housing (SSMUH) as a range of buildings and dwelling unit configurations that can provide more affordable and attainable housing for middle-income families. Examples of SSMUH include, but are not limited to:
- secondary suites in single-family dwellings
- detached accessory dwelling units (ADUs), like garden suites or laneway homes
- duplexes (side-by-side or up/down)
- triplexes and house-plexes
- townhomes
SSMUH offers housing options that are ground-oriented and compatible in scale and form with established single- and two-family neighbourhoods.
New legislation on SSMUH was introduced by the Province in November 2023 and includes the following residential zoning changes required to be adopted by municipalities across British Columbia:
- Permitting up to 3 or 4 dwelling units on all lots zoned for single- and two-family uses, depending on the lot size
- Permitting up to 6 dwelling units on single- and two-family lots when within 400 m of transit stops with frequent service
- Eliminating requirements for residential parking minimums on lots within 400 m of transit stops with frequent service
In alignment with Phase 1 timelines, the Province is requiring that municipalities adopt new SSMUH zoning regulations by the end of June 2024.
In November 2023, the Province set new legislation to introduce changes to residential uses within transit-oriented areas (TOAs), which is those areas within 800 m of SkyTrain stations and 400 m of bus exchanges. The new legislation includes the following mandated zoning changes:
- Increasing permitted residential building heights within TOAs to allow for 8 to 20 storeys, in line with a newly prescribed distance-based framework
- Eliminating requirements for residential parking minimums on lots within TOAs
The Province requires municipalities to identify transit-oriented areas by the end of June 2024, with the adoption of related zoning regulations planned to arrive shortly afterwards, in summer 2024.
SSMUH
The proposed regulations were introduced to Council on April 15, 2024, with final adoption targeted for June 2024 to meet provincial deadlines. Following adoption, eligible properties will be able to apply for a permit to build within the new R1 SSMUH District starting in July 2024.
As per Provincial legislation, lots will be eligible to build up to 3 to 6 dwelling units depending on their lot area and proximity to a frequent transit network bus stop – see “What is small-scale multi-unit housing (SSMUH)?” and “What is a Frequent Transit Network Area (FTNA)?” The tenure (e.g. whether a dwelling unit is owned or rented) does not change the number of permitted units and so the total dwelling unit count is inclusive of any secondary suites.
The R1 SSMUH District provides flexibility in housing form and tenure to encourage housing choice that meets the needs of diverse household compositions. As such, one or more of the following forms may be constructed on a lot, any of which could also contain a secondary suite:
- Single-family dwellings (including laneway homes)
- Duplex dwellings
- Multiplex dwellings (buildings with 3 or more primary dwelling units)
- Cottage courts or cottage clusters (multiple single-family dwellings on the same lot)
- Rowhouse dwellings
Lots in the proposed R1 SSMUH District with 2 or more primary dwelling units will be eligible for stratification. However, dwelling units classified as secondary suites under the BC Building Code must remain registered under the same title as the primary dwelling unit within which they’re contained and so cannot be stratified. In Burnaby, dwelling units on fee simple rowhouse lots are also not eligible for stratification and the strata conversion of existing purpose-built rental housing, except for duplex or semi-detached dwelling units, is not permitted.
Lots in the R1 SSMUH District may be eligible for subdivision under 2 scenarios: 1) fee simple rowhouse lots; and 2) SSMUH lots for all other permitted housing types. Rowhouse lots require a minimum lot width of 5 m to 8 m depending on the lot type. SSMUH lots require a minimum lot width of 10 m and a minimum lot area of 281 m2. See Section 101.3 of the proposed R1 SSMUH District regulations for more information.
Yes. All proposed R1 SSMUH District housing forms can be built on lots without a rear lane, as per the Provincial legislation.
Building forms currently referred to as laneway homes will continue to be permitted in the new R1 SSMUH District, including on lots without lanes. However, these will be regulated the same as other single-family dwellings and so will no longer be referred to as “laneway homes” in the new regulations. The proposed changes will also permit more diverse housing types to be built at the rear of a lot, including multiple laneway homes, semi-detached (i.e. duplex) laneway homes, and laneway homes with secondary suites.
Yes. Secondary suites will be permitted in many SSMUH housing types, including single-family homes, laneway homes, duplexes, multiplexes, and rowhouse dwellings. Secondary suites count towards the total number of dwelling units permitted on a lot and only one is permitted per primary dwelling unit. Secondary suites must remain registered under the same title as the primary dwelling unit within which they're contained and so cannot be stratified, as per the BC Building Code. As with the construction of any new dwelling unit on a lot, a Building Permit is required to add a secondary suite to your property. See the Province's Secondary Suites Bulletin for more information.
In Burnaby, a rowhouse dwelling is one of at least 2 side-by-side dwelling units, each sharing a party wall with the adjoining unit and each unit being located on a separate fee simple lot. “Fee simple” is the same ownership model that people are familiar with for single-family homes where ownership of the land and any buildings on that land are kept as one real estate entity. This means each rowhouse is on its own separate legal lot where any additional dwelling units, such as a secondary suite, cannot be stratified and sold separately. With the introduction of SSMUH housing types, fee simple rowhousing will offer an alternative option to strata ownership.
Outside of a Frequent Transit Network Area (FTNA), lots constructing new residential dwellings will require a minimum of 0.5 parking spaces per primary dwelling unit (rounded up to the nearest whole parking space) on lots with 3 or more primary dwelling units. No parking space is required for lots with 2 or fewer primary dwelling units given that one parking space can be accommodated on the street in place of where driveway access would otherwise be located. As mandated by the Province, no off-street parking is required for lots within an FTNA. Both within and outside of FTNAs, additional off-street parking can be optionally provided if desired.
Parking may be provided using regular or accessible stall standards and can be in the form of outdoor parking pads, carports, and/or garages to increase flexibility of siting and design. Parking may also be provided in an underground storey.
On-site parking spaces must be provided at the rear of a lot and accessed from a secondary street or lane where available. Where this is not possible, they may be provided in the front yard and accessed from the primary street frontage.
Outdoor surface parking is limited to 2 spaces in a front yard and 4 spaces in a rear yard. There is no maximum limit when parking spaces are provided below grade within parking structures.
FTNAs include all lots wholly or partly within 400 m of bus stops with frequent service. The Province defines these bus stops as being served by at least one bus route where a bus is scheduled to stop at least every 15 minutes, on average, between:
- 7 am and 7 pm, Monday to Friday; and
- 10 am and 6 pm on Saturdays and Sundays.
A reference map for FTNAs will be finalized leading up to adoption of the new regulations. In the meantime, TransLink’s Frequent Transit Network Map outlines potential bus routes that may be included but have yet to be confirmed.
Within FTNAs in the R1 SSMUH District, up to 6 dwelling units may be constructed on lots 281 sq. m² or more in area and the provision of off-street parking is optional.