Frequently Asked Questions

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

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 recommended zoning provisions for larger lot zones. The homes in white represent existing single family homes under existing RS-3 zoning, and the colourful homes show potential infill housing (up to 4 units) in various configurations.

Yes, the Provincial SSMUH legislation applies to the Uplands as the legislation does not provide an exemption for this type of heritage site.

Yes, it applies heritage conservation areas 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.

The SSMUH legislation exempts properties that were heritage designated 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.

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.

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.

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

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

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.

There is a new definition for ‘live landscaping coverage’ and an associated metric within the amendment bylaw and summarized in the table below.

A new definition of ‘permeable surface’ and associated metric as well as amendments to the Tree Protection Bylaw will be looked at in the next phase of infill housing bylaw updates.

Along with a comprehensive Official Community Plan review that will look at population projection and Council has identified a Parks, Recreation and Culture Master Plan as a priority project.  

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.

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.

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.

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

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.

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.

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

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

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.