482 Density Benefits For Amenities, Affordable Housing And Special Needs Housing

(a) subject to subsections (1.1) and (1.2), establish different density rules for a zone, one generally applicable for the zone and the other or others to apply if the applicable conditions under paragraph (b) are met, and
(b) establish conditions in accordance with subsection (2) that will entitle an owner to a higher density under paragraph (a).

(1.1) In relation to land that is in a transit-oriented area, a zoning bylaw must not establish a conditional density rule that entitles an owner to a higher density under subsection (1)(a) that is less than or equal to

(a) the density of use, and
(b) the density corresponding to the size and dimension of buildings and other structures

set out in the regulations made under section 585.51(d)(i) [regulations related to transit-oriented areas] in relation to that land.
(1.2) A zoning bylaw must not establish a conditional density rule that entitles the owner of a development to a higher density under subsection (1)(a) that is less than or equal to any higher density provided to the development under an affordable and special needs housing zoning bylaw.
(2) The following are conditions that may be included under subsection (1)(b):

(a) subject to subsection (2.1), conditions relating to the conservation or provision of amenities, including the number, kind and extent of amenities;
(b)
subject to subsection (2.2), conditions relating to the provision of affordable and special needs housing units, including conditions respecting either or both of the following:
- (i) the ownership and management of the units;
- (ii) the number of bedrooms in the units;
(c) a condition that the owner enter into a housing agreement under section 483 before a building permit is issued in relation to property to which the condition applies.

(2.1) A zoning bylaw must not establish conditions relating to the conservation or provision of an amenity that is specified in an amenity cost charge bylaw under section 570.7(1)(b) [amenities receiving funding from amenity cost charge].
(2.2) If a zoning bylaw imposes conditions referred to in subsection (2)(b), the zoning bylaw must also impose conditions respecting the following:

(a) subject to subsection (2.3), the required portion of affordable and special needs housing units in a development;
(b) the form of tenure of the affordable and special needs housing units;
(c) the affordability of the units, including the sales price of the units or the rent to be charged for the units;
(d) the length of time during which the units are subject to conditions imposed under subsection (2)(b) and this subsection.

(2.3) The portion of affordable and special needs housing units referred to in subsection (2.2)(a) must be specified in the zoning bylaw as either or both of the following:

(a) a proportion of all housing units in a development;
(b) a percentage of the gross floor area of the residential component of a development.

(2.4) If a zoning bylaw imposes conditions referred to in subsection (2)(a) or (b), the zoning bylaw may, as an alternative to complying with those conditions and conditions under subsection (2.2), permit, in the circumstances set out in the zoning bylaw and at the option of the developer, the payment to the local government of an amount of money in accordance with section 482.3 [payment of money instead of meeting conditions].
(2.5) In addition to the authority under section 479(4) [zoning bylaws], provisions of a zoning bylaw referred to in subsection (1) of this section may be different for one or more of the following:

(3) A zoning bylaw may designate an area within a zone for affordable or special needs housing, as such housing is defined in the bylaw, if the owners of the property covered by the designation consent to the designation.

RSBC2015-1-482, effective January 1, 2016 (B.C. Reg. 257/2015); am. 2023-46-2; 2024-11-10.