• What housing types are permitted as infill housing?

• A range of infill housing types are permitted including secondary suites, duplex, triplex, quadplex, and detached accessory dwelling units.

• What configurations of housing types are permitted as infill housing?

• A range of housing unit combinations, configurations and flexibility in unit sizes are permitted up to a maximum of 4 units on lots over 280m2.

  

  The models above illustrate potential infill scenarios under the zoning provisions for larger lot zones (R-1, R-2, and R-3). The homes in white represent existing single family homes under existing R-3 zoning, and the colourful homes show potential infill housing (up to 4 units) in various configurations.

• Does the SSMUH legislation apply to the Uplands as a National Historic Site?

• Yes, the Provincial small-scale multi unit housing (SSMUH) legislation applies to the Uplands as the legislation does not provide an exemption for this type of heritage site.

• Does the SSMUH legislation apply to the Prospect Heritage Conservation Area as designated in the OCP?

• Yes, it applies heritage conservation areas and they are not exempt from the SSMUH legislation; therefore, 3-4 units are permitted depending on lot size. Heritage Alteration Permits are still required for building additions, new construction or the alteration of existing buildings, structures, land or features.

• Does the SSMUH legislation apply to properties designated by heritage bylaw?

• The SSMUH legislation exempts properties that were heritage designated by bylaw prior to November 30, 2023 from permitting up to 3-4 units on a lot; instead, these properties must permit one principal unit and one secondary suite and/or one accessory dwelling unit.

• Have minimum lot sizes changed as part of Infill Housing Program bylaw updates.

• No, there have been no changes to minimum lot sizes.

• How is Oak Bay going to protect and preserve open, permeable and greenspaces as part of the response to infill housing?

• There is a new definition for ‘live landscaping coverage’ and an associated metric within the Zoning Bylaw related to each residential zone.

  • R-1 requires 50% live landscaping coverage
  • R-2 requires 40% live landscaping coverage
  • R-3 requires 40% live landscaping coverage
  • R-4 requires 30% live landscaping coverage
  • R-5 required 20% live landscaping coverage
• What are the parking requirements for infill housing?

• For infill housing the minimum parking requirements for R-1, R-2 and R-3 is a 1 space per unit and in R-4 and R-5 zones is 0.5 space per unit.

• How will Oak Bay respond to the potential of increased street parking?

• As our community grows and change over time then there will likely be more street parking taking place as we see more homes built.  Reduced on site parking and more street parking will however ensure that there is more green space and street trees and streetscapes continue to be valued and can also often reduce vehicle speed on streets.  In addition, less on-site parking will help to make housing more affordable and also help to encourage active transportation and public transit.

• Is there an infill development permit area?

• The OCP currently has an Infill DPA; however it includes an exemption whereby Development Permits are not required when the proposed development does not require a rezoning to create additional residential units. Since SSMUH requires permitting without a rezoning process and increased densities in restricted zones as of right this exemption would not apply and development up to 4 units can take place without requiring an application for a Development Permit.

• How will new infill development respect the form and character of the community?

• There is no Development Permit for Infill Housing except for projects that seek rezoning.

• How was the community consulted for the infill housing program bylaw updates?

• There were a variety of communications methods used to inform the community about engagement activities. The consultation events were attended by over 500 participants and included an online webinar, two in person open houses and two Special Committee of the Whole meetings.

• What is the notification process for infill housing development?

• There is no public notification process associated with infill development as these projects will now be submitted as a Building Permit.  Notifications would still take place for any variance applications.

• Are public hearings still required as part of the rezoning process?

• A public hearing must not be held for any residential development that is consistent with the Official Community Plan.  

• Does the gross floor area exemption for garages and carports in s. 4.6.11(1) of the Zoning Bylaw apply for each dwelling unit or the entire lot??

• The exemption applies for the entire lot and development, it does not apply for each dwelling unit.

• How does the extra lot coverage for accessory dwelling units work in R-4 and R-5 zones?

• To provide for the ability to retain existing housing and provide for new housing the following provisions for lot coverage have been increased in the small lot zones R-4 and R-5. 

  Residential 4 (R-4)

  • Principal Buildings, Accessory Building and Accessory Dwelling Units can collectively cover up to 30% of the lot. Within this total, Accessory Structures are limited to 7% of the lot
  • If an existing dwelling unit is retained, an additional 7% lot coverage is permitted for a collective total of 37% lot coverage

  Residential 5 (R-5)

  • Principal Buildings, Accessory Building and Accessory Dwelling Units can collectively cover up to 30% of the lot. Within this total. Accessory Structures are limited to 10% of the lot
  • If an existing dwelling unit is retained an additional 10% lot coverage is permitted for a collective total of 40% lot coverage
• What are the options for stratification?

• The stratification of existing units requires local government approval before a strata plan can be filed in the Land Title Office. This would be the process if a landowner wished to undertake a building subdivision to create two units within the same strata corporation out of a principal dwelling like a duplex. However, local government approval is not required if none of the units have yet been occupied and are brought to lock-up stage simultaneously.  

  Apart from legislated requirements there are no proposed local policies for strata conversion applications.

   

Housing Needs and Housing Targets

• How many units are in the District’s Housing Target Order?

• The District of Oak Bay target order is for a minimum of 664 net new housing units to be completed within 5 years (to be met by September 30, 2028). Housing targets will be measured after the first six months (March 31, 2024), then annually (September 30) by net new units completed and actions taken by the municipality to meet the target.

• How are the housing target units measured, by building permit starts or by occupancy?

• Units are measures by total number of new completed housing units issued occupancy permit, minus demolitions.

• What will happen if Oak Bay does not meet the number of units outlined in Housing Target Order?

• Oak Bay is responding to meet housing targets by creating conditions for housing development, including updating zoning bylaws or streamlining development approval processes. If Oak Bay can’t meet the target, the Minister of Housing may appoint an advisor to review progress and make recommendations. As a last resort, the B.C. government may issue a directive to require Oak Bay to enact or amend a bylaw or accept or reject a permit to help meet the target.

• How will aging infrastructure keep up with increased housing units?

• Infill development is likely to occur incrementally and spread through existing neighbourhoods. Technical analysis and assessments for infrastructure are currently underway to better understand infrastructure servicing capacity and community amenities needs and how those align with planned or projected growth and change in the community. The results will be used to inform the development of other Housing Action Program initiatives such as the comprehensive Official Community Plan review, Amenity Cost Charges and Development Cost Charges programs and asset management programs.