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Nelson council introduces new rules on housing density

Allowing more townhomes, duplexes and triplexes will comply with new provincial law
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New B.C. housing legislation is designed to fill in the “missing middle” – housing that is more dense than single family dwellings but not as dense as condos or apartments. Photo: Province of B.C., screenshot from Homes for People report

Nelson City Council has taken steps to allow more density of dwelling units in the city’s residential areas.

The changes are mandated by the provincial government’s Bill 44, which overrides municipal bylaws to allow more dwelling units — townhomes, duplexes and triplexes — on residential lots. The government has pledged to build 130,000 homes in B.C. over 10 years, and one of its main strategies is to encourage more urban density.

This means municipalities will have to change the number of units they allow in their residential zones by June 1.

For building lots of less that 280 square metres, Nelson currently allows one dwelling unit. The province will now allow three. These could include a triplex, or a house plus secondary suite and/or laneway house.

For lots larger than 280 square metres in size, Nelson currently allows two units, and for lots larger than 555 square metres, three units. The province’s new rules will allow four units in both categories.

These changes are not requirements for new construction — a single family home on a single lot will still be allowed — but a builder or owner wanting to put more units on a lot may do so, guided by the above maximums.

At the March 5 meeting, council voted to change its zoning bylaw and its off-street parking bylaw to comply with Bill 44. The bylaw amendments will come back to council for two more votes in the near future.

Planner Sebastien Arcand, presenting the draft amendments to council, said there are other related matters that the province is not mandating — lot coverage, setbacks, building heights — which will also affect density and that council could change. But in order to make these consistent with the Official Community Plan, these changes will wait until the updating of the plan later this year.

The province is recommending that municipalities minimize parking requirements but does not specify any particular minimum per dwelling unit. Council agreed with Arcand that the minimum should the one off-street parking spot per dwelling unit.

Following a discussion of how the new density rules might affect heritage houses, Arcand said there is only one privately owned residential property in town that falls under official heritage protection.

As for older homes that are not formally designated as heritage, Mayor Janice Morrison said owners have a right to renovate them as they wish, within the bylaw rules.

But some members of council felt that the city should have a right to protect certain houses by prohibiting their demolition. Nothing was decided about this, but council decided to organize a workshop with heritage experts to update them on heritage designations and legislation.

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Bill Metcalfe

About the Author: Bill Metcalfe

I have lived in Nelson since 1994 and worked as a reporter at the Nelson Star since 2015.
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