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FAQs: Cortes Zoning Bylaw Review

Why are we updating the zoning bylaw before updating the OCP?

  • The Cortes Official Community Plan (completed in 2012) is the newest OCP adopted by the SRD Board, with the exception of the recent adoption of the Area D OCP in December 2023. The current Zoning Bylaw (2002) has not caught up with the OCP in terms of being in alignment.
  • There are a number of regulations within the existing Zoning Bylaw that need to be addressed and updated. Waiting for the completion of an OCP to occur before addressing these needed updates to the Zoning Bylaw would delay working on the Zoning bylaw review for, at minimum, another year.
  • The items being updated in the new Zoning Bylaw will be brought into alignment with the OCP. Where there are inconsistencies, the OCP can be amended following the Zoning Bylaw review.
  • With the given age of the OCP and Zoning Bylaw, updating the more outdated Zoning Bylaw first is viewed as the most suitable option.

How are First Nations being consulted in this process?

  • Zoning and land use can be a complex topic and requires communication and collaboration with other governmental bodies, First Nations, organizations, and community groups. The SRD will continue to engage throughout the process.

How does the Zoning Bylaw increase density and housing options on Cortes?

  • Zoning Bylaws enable land use, but do not have the authority to prescribe a land use. This means that the SRD does not have the authority to dictate how private land must be used, we can only say how land may be used. If a private owner chooses to leave their land vacant or not construct units that they are permitted to build, we cannot force them to construct housing.
  • The Zoning Bylaw can enable more housing construction by increasing the number of dwelling units permitted in a zone, if this is what the community supports through consultation.

How is the Provincial government increasing housing?

  • The suite of housing related legislation and policy guidance from the province is applied differently in different places, based on government structure (municipalities vs. regional districts), population, and other measures. The Electoral Areas of the SRD are largely exempt, with the exception of secondary suites and/or accessory dwelling units, though may ‘opt in’ at the discretion of the SRD Board. We are all working to understand the new legislation and how it may impact our region and will be providing greater detail to the SRD Board and the public as we learn more.
  • See here for an overview of the new housing initiatives: https://www2.gov.bc.ca/gov/content/housing-tenancy/local-governments-and-housing/housing-initiatives

Why can a Zoning Bylaw not permit living in an RV or a “tiny house” on wheels?

  • RVs and Tiny Homes on wheels are limited to short-term, tourist accommodation only as they are not built to meet the safety requirements necessary to be considered a dwelling under the BC Building Code. Though Cortes Island does not have a building service that requires building inspections or the issuance of permits, all buildings on Cortes Island are still subject to the BC Building Code. As a local government, we cannot permit a land use in contravention of provincial legislation, including the BC Building Code.

Can the minimum lot size of Residential zones be reduced in the zoning bylaw?

  • The minimum lot size on Cortes Island is based on Island Health’s subdivision standards for properties without community (public) water systems. Smaller lot sizes could be contemplated on a case-by-case basis, requiring approval from Island Health for an engineered system specifically designed for the property in question.
  • As of 2023, the minimum lot size permitted on Cortes Island with no community water system is 2.47 acres or 1 hectare.
  • See Island Health’s subdivision standards here: https://www.islandhealth.ca/sites/default/files/environment/documents/subdivision-standards.pdf

What is in scope for this Zoning Bylaw Review?

  • A Zoning Bylaw is a heavily legislated document that contains specific regulations around lot size, siting of buildings, land uses (ie. what type of structures or activities can take place), and other specifics such as building height and number of buildings.
  • In this Zoning Bylaw review we intend to revisit the existing outdated Zoning Bylaw while taking into consideration the work previously done to review the bylaw by the community in 2017 and 2018.
  • We understand that there are many factors affecting housing availability and affordability on Cortes given the state of our current housing crisis. While we welcome all creative ideas on how to address this important topic. Permitted uses and density are the two main components of a zone that will impact housing. Most other topics related to housing such as alternative ownership models, financing, and non market housing project operators are outside of a Zoning Bylaw’s scope. As a government organization, we want to ensure that our policies support creative ideas as they come up, but we cannot pre-zone a property without an application from the current land owner.

Are there alternatives to septic systems permitted on Cortes Island?

How does the Zoning Bylaw support agricultural land use?

  • Agriculture is a permitted use in all upland zones, regardless of whether these lands are designated as part of the Agricultural Land Reserve (ALR) or not.
  • ALR lands are regulated by the Agricultural Land Commission Act and decisions about non-farm use on ALR lands are made by the Agricultural Land Commission (ALC).

How does the Zoning Bylaw regulate aquaculture and water zones?

  • The limited authority of the SRD only covers the placement of structures on inland waters. It does not cover the issuance of aquaculture licenses.
  • The Zoning Bylaw cannot permit liveaboard vessels for the same reasons it cannot allow long term dwelling in RVs.
  • The discharge of untreated sewage into all Canadian inland waters and Canadian coastal waters within 3 nautical miles of land (ships less than 400 tons) and 12 miles of land (ships larger than 400 tons) is banned (Vessel Pollution and Dangerous Chemicals Regulations). Boats that are illegally discharging waste can be reported to the Canadian Coast Guard.
  • If on Provincial Aquatic Land, live aboards require tenure under the Land Act or other legislation. Persons without tenure will be in trespass.
  • The province owns much of the underwater land around the coast and in inland waterways and lakes. All foreshore parcels in Gorge Harbour are owned by the Crown (provincial government). Many vessels are anchored outside of these parcels.
  • Unless an anchored vessel is interfering with navigation, Transport Canada officials will not take action in relation to vessels anchored or moored on Provincial Aquatic Land.
  • The provincial Ministry of Environment is responsible for enforcing the Environmental Management Act which prohibits discharge of waste in a manner that causes pollution, as well as discharge of waste from certain industries. Regulations under the province’s Public Health Act prescribe discharges of domestic sewage to tidal or surface waters as a health hazard, but regulations normally applicable to minor discharges of domestic sewage do not apply to vessels or structures on land covered by water. Report violations to the Ministry of Environment.
  • As Canadians we have a common law right to navigation, which includes the incidental right to anchor. However, it is not a right to anchor or moor permanently but it must be exercised reasonably as determined by the circumstances at the time of anchoring, such as weather, loading or unloading of the vessel or the need for repairs to the vessel. The right to anchor, therefore, contemplates the right to do so for a reasonable time, for a reasonable purpose.

How do we protect the natural environment if we allow increased density?

One way to reduce land consumption for housing is to permit multiple units in one building in existing residential areas. For example, permitting a 4 unit building will have less environmental impacts than 4 separate houses. Since the 4 units can share a water source, septic system and has higher efficiency when it comes to heating and cooling, the 4 unit building will have a lower carbon footprint and if built on two levels can reduce soil disturbance by having a smaller physical footprint. For this reason, permitting higher densities in already developed residential areas can provide increased housing while minimizing environmental impacts.

Additionally, the Provincial Riparian Areas Protection Regulation (RAPR) requires setbacks from streams, which includes a watercourse, pond, lake, river, creek or brook, as well as a ditch, spring or wetland connected by surface flow to one of the aforementioned.

How is ground water protected if we allow increased density?

With any new well, the Island Health Authority completes an evaluation process to determine if a permit for a new well can be issued.

Can we create a new zone for eco-tourism or an eco-village?

Any property owner can propose a new zone for their property. There is a process to rezoning any property that must include notification to neighbouring properties, a public hearing, or notification of bylaw consideration, and discussion at the Electoral Area Services Committee meeting, among other requirements (eg. Newspaper ads, environmental and planning evaluations, etc.). New zones will not be created unless applied to a particular property under zoning consideration. If you or your organization own property on Cortes Island and you have a great idea for a new development, an application for rezoning is required.