A) Remove those zones that were duplicate or too similar in nature or that attempted to regulate outside of the SRD's jurisdiction including:
New zone descriptive statements for all zones
New AG-1 zone to clarify regulations within ALR lands
Removed the inexistent TC-1A zone (ghost zone)
Removed the duplicate TC-3 and CS-2 zones
Removed the AC-2 and WC-1 zones which attempted to regulate outside SRD jurisdiction
Revised TC-1 and TC-2 zones and new cap on Tourist Accommodation units in TC-2 (previously unlimited, introducing a limit was supported by the community)
New AQ zones in alignment with local government jurisdictional authority
Change zone of Whaletown Commons, Whale's Rest Park, Hanks Beach Forest Conservation Park, and Siskin Forest Park to P-1.
Change zone of Smelt Bay Park to AG-1 (as it is within the ALR) but will retain Park Use.
Changed AQ-1 and AQ-2 to match current aquaculture license tenures.
B) Add density to the zones as supported through community consultation:
One additional dwelling unit in R-1, RR-1, and RU-1 zones, except for RU-1 lots over 16 hectares to maintain current density on larger rural lots.
This would result in a total increase of 427 more possible dwelling units, where 80% of those potential units would occur on lots that are already developed, in the form of either a secondary suite or an accessory dwelling unit. Of this, 43% of those new potential units are in the R-1 zone and 37% of those in the RU-1 zoned lots with an area between 1 and 8 hectares.
Rainbow Ridge now permitted 35 units (requested by CHS)
More flexibility on larger lots (e.g. in R-1 no prescribed building types for dwelling units on lots larger than 3 hectares).
Introduction of duplexes where an existing house with a suite is permitted (same building type but now allows owners more flexibility)
Increased ADU size to 110 square meters (supported by the community)
Change some RU-1 zoned properties to RR-1 in alignment with the OCP land use designations map (Bylaw No. 139, 2012)
C) Provide additional clarity within the zones regarding permitted densities, lot area, coverage and setbacks, etc.
Project Overview
The Strathcona Regional District (SRD) is pleased to announce the re-launch of the process to develop an updated Zoning Bylaw for Area B, Cortes Island!
In 2018, the Strathcona Regional District (SRD) initiated a process to review and update the Zoning Bylaw for Electoral Area B, which includes lands and waters in and around Cortes Island. After a series of delays, the Zoning Bylaw is now ready for a refresh. The Cortes Island Zoning bylaw has not been updated since 2002. Given the age of the document, a full review of the bylaw is needed to ensure it is compliant with changes in legislation and reflects the vision, goals, objectives and policies of the Cortes Island Official Community Plan which was developed with the community between 2010 and 2012.
The Cortes Island OCP was reviewed with the community in 2010 and 2011 and an updated plan was adopted in early 2012.
The OCP identifies the community's long-term vision and goals, objectives and specific policies for land use on Cortes Island. It guides the Strathcona Regional District board when reviewing development applications and making land use decisions that affect the island.
The updated OCP guides updates to the zoning bylaw since the zoning bylaw needs to reflect the OCP. A few of the guiding principles of the OCP are:
Support development that is mindful of the capacity of the land and that does not disturb Cortes' rural character;
Maintain a supply of land for commercial development in suitable locations;
Maintain a balance between regulation of land use and the desire for a lifestyle that allows for a high degree of self-expression with respect to use of property;
Safeguard the island's water supply;
Develop a transportation system that meets the needs of island residents and visitors and fits the island's rural character;
Preserve the natural environment;
Safeguard the marine environment;
Support self-sufficiency and food security.
A zoning bylaw assigns zones to land and water within a local government jurisdiction, such as Cortes Island, and specifies what kind of development and activities are permitted within each zone.
For example, zoning may regulate the following on a property:
Land use (e.g. residential, agricultural, commercial or industrial)
The number of homes and secondary suites permitted on a property (“density”)
Maximum size and height of buildings and structures
Setbacks from lot lines
Minimum lot size
Maximum lot coverage
Home based businesses
And more.
Zoning aims to ensure adjacent land uses are compatible by directing different types of land uses into different areas. Thanks to zoning, communities have commercial centres where services, retail and businesses are located, a variety of residential areas to meet different household needs, as well as agricultural, resource and industrial areas.
While zoning can separate uses, it can also encourage mixed uses. For example, zoning might allow for both residential and commercial development within village centres.
Cortes Island has a wide variety of upland land use zones. The types of upland zones on Cortes are:
Residential
Rural
Community Land Stewardship
Forest Land Stewardship
Community Services
Agricultural Land Stewardship
Forestry
Resource Commercial
Service Commercial
Tourist Recreational Commercial
Park
Industrial
Public Assembly
The zoning bylaw also has several zones that apply to areas of water:
Access (allowing for public or private moorage and/or navigational aids)
Aquaculture
Marine Commercial
Recreational Moorage
Water Conservancy
Within many of the above categories, there are two or more zones with small variations such as the number of dwellings permitted.
This project is not starting from scratch. Input provided in the previous phase of the project is being used to assist with setting the stage and informing the initial consultation for this phase. The time and input community members have provided are valuable and the project team hopes this will continue in this next phase.
Cortes is a unique and special community with deep roots. Community input from the previous phase was essential to capturing the current and projected land use needs. This is fundamental to informing the final draft, which is expected to be completed in 2024.
Since the completion of the first draft in 2018, some new legislative changes have happened, meaning that the Zoning Bylaw draft will need to have a few sections either updated or included. These topics include:
Short-Term Rentals
Cannabis production and retail uses
Housing and density
Agriculture/Aquaculture
The SRD hosted various engagement opportunities to gather feedback and ideas from residents on key topics to be addressed in the Zoning Bylaw:
Short-Term Rentals Survey, July 2023
Public Open House, December 11, 2023, on:
Density
Housing
Short Term Rentals
Aquaculture/ Water Use Zones
Cannabis Land Uses
Two Community Conversation meetings (1 in person and 1 virtual), March 2024 and September 12, 2024
Short-Term Rentals Survey – July 2023
The SRD would like to extend a huge thank you to the people of Cortes Island for their Short-Term Rentals survey submissions.
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.
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.
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.
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.
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.
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.
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.
All sewerage systems are approved by Island Health and may include composting toilets. In 2016, the BC Ministry of Health established composting toilets and greywater systems as a sewerage system option under the Sewerage System Regulation and provides the Manual of Composting Toilet and Greywater Practice as a source of standard practice for design, construction and maintenance of composting toilet and greywater sewerage systems. This manual is in addition to the Sewerage System Standard Practice Manual.
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).
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.
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.
With any new well, the Island Health Authority completes an evaluation process to determine if a permit for a new well can be issued.
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.
