Bylaw No. 1696 — Langford Zoning Bylaw, Amendment No. 486 (Omnibus No. 47 – Garden Suites and Carriage Suites), 2019

A. Langford Zoning Bylaw No. 300, 1999 is amended as follows:

1.

By replacing Secondary Suites in the Table of Contents with Suites

2.

By deleting the definition of “Modular Housing” in Section 1.01 - Definitions

3.

By deleting the definition of “Secondary Suite” in Section 1.01 – Definitions

4.

By adding the following definitions to Section 1.01 – Definitions:

“Carriage Suite” means and accessory dwelling unit located on the second floor of a detached accessory building.

“Garden Suite” means an accessory dwelling unit located on the ground floor of a detached accessory building.

"Modular Housing” means a one-family dwelling, garden suite, or carriage suite which is modular or prefabricated meeting CSA Standard A277-M1990, “Procedures for Certification of Factory-Built Houses”, or equivalent, but does not include manufactures homes meeting CAN/CSA-Z240-MH Series “Mobile Homes” standards, or equivalent;

“Rear Building Line” means the line parallel to the rear lot line, passing through the point of the building nearest the rear lot line.

“Secondary Suite” means an accessory dwelling unit located within a one-family dwelling.

“Suite” means a dwelling unit that is accessory to a one-family dwelling and may be located within the one-family dwelling (secondary suite) or within an accessory building (garden suite or carriage suite).

5.

By replacing the entirety of Section 3.05.02(4) to read:

The total floor area of all buildings that are accessory to a residential use on any lot may not exceed 30 m2 (323 ft2), except under the following circumstances:

Under no circumstances may accessory buildings and structures exceed the maximum site coverage regulations in Part 6 of this Bylaw.

6.

By replacing Section 3.07.01(3) to read:

A suite is prohibited in conjunction with any two-family dwelling

7.

By replacing Section 3.08 with the following:

3.08
Suites

A suite is permitted as an accessory use in a one-family dwelling, or other type of dwelling unit as permitted in Part 6 of this Bylaw. There are three types of suites – secondary suites, garden suites, and carriage suites. Only one suite is permitted per lot.

3.08.01 General Regulations for all Suites

(1) There may only be one suite per lot;

(2) The one-family dwelling to which a suite is accessory to must be owner-occupied;

(3) The one-family dwelling to which a suite is accessory to must be located on a lot of not less than 550 m2 (5 920 ft2) in area, except as otherwise permitted in Part 6 of this Bylaw;

(4) An Occupancy Permit has been issued for the secondary suite;

(5) One additional off-street parking space shall be provided for the exclusive use of the occupancy of a suite, and this space shall not be located in tandem with any parking space for the principal dwelling to which the secondary suite is accessory.

(6) The suite and the one-family dwelling to which it is accessory must be a single real estate entity. Strata titling is not permitted.

3.08.02 Additional Regulations for Secondary Suites

(1) The secondary suite must be completely contained within the one-family dwelling.

(2) The secondary suite is not obtrusive so as to change the one-family nature of the one-family dwelling.

(3) The secondary suite must have a floor area of not more than 90 m2 (970 ft2) or 40% of the habitable floor area of the building in which it is located, whichever is less.

3.08.03 Regulations for Garden Suites and Carriage Suites

(1) Garden suites and Carriage suites are not permitted on lots within the “City Centre” designation as delineated in the Official Community Plan;

(2) Garden suites or carriage suites must be completely contained in a detached accessory building.

(3) Garden suites or carriage suites may not be located:

(a) Within 3 m (16 ft) of the primary dwelling

(b) Within 1 m (3 ft) of any rear lot line

(c) Within 1 m (3 ft) of any interior side lot line

(d) Within 3 m of any front lot line or exterior side lot line, except that no garage or carport that faces either a front or exterior side lot line may be located within 5.5 m of that lot line;

(4) A garden suite or carriage suite is only permitted on a lot having a width greater than or equal to 11 m (36 ft) and a depth greater than or equal to 29 m (95 ft);

(5) Only one driveway per lot is permitted;

(6) Rooftop patios are not permitted;

(7) Garden suites or carriage suites must be connected to municipal sanitary sewer or provide confirmation of adequate septic capacity prior to the issuance of a building permit;

(8) All accessory buildings and structures on the lot including garden suites and carriage suites may not exceed the maximum footprint set out in section 3.05.02(4) or the maximum lot coverage of the applicable zone in Part 6 of this Bylaw;

(9) If a suite already exists within the primary dwelling it must be decommissioned prior to the issuance of a building permit for the garden suite or carriage suite. The following must occur:

(a) Removal of the kitchen which includes the stove, oven, and sink, OR the removal of the shower/bathtub and;

(b) Remove exterior access OR sufficiently open access to the principal dwelling

3.08.04 Additional Regulations for Garden Suites

(1) Permitted only on lots over 550m2 unless otherwise noted in Part 6 of this bylaw;

(2) Must be located behind the rear building line of the one-family dwelling;

(3) The suite may not have a gross floor area of more than 65 m2 (700 ft2);

(4) Height maximum of 4.5 m (15 ft)

3.08.05 Additional Regulations for Carriage Suites

(1) Permitted only on lots over 1000 m2 unless otherwise noted in Part 6 of this bylaw;

(2) Must be located in front of the rear building line of the one-family dwelling;

(3) The suite may not have a gross floor area of more than 90m2 (969 ft2);

(4) Height maximum of two storeys;

(5) Ground floor of the carriage suite must be exclusively used for vehicle parking.

(6) Are not permitted on panhandle lots;

(7) On lots over 4000 m2 (1 acre):

(a) Section 3.08.05(2) does not apply;

(b) Permitted on panhandle lots, despite Section 3.08.05(6);

(c) Ground floor may contain uses other than a garage, including but without limiting the generality of the foregoing: workshop, storage, or art studio;

(8) Where permitted on lots less than 1000 m2 as per Part 6 of this bylaw:

(a) May not be located within an accessory building that has a building footprint of more than 60 m2;

(b) May not have a gross floor area of more than 60 m2;

(c) May only be located on lots with laneway access, corner lots, or on a lot that shares a driveway with an adjacent lot that benefits from a registered reciprocal access easement;

(d) May be located on lots with a minimum width of 9.5 m (31 ft.) and a minimum depth of 29 m (95 ft.) provided that the lot has direct vehicle access from a highway, laneway, access route in a bare land strata plan, registered access easement, or other secondary access route;

(e) The one-family dwelling to which the carriage suite is accessory may not contain vehicle parking;

(f) Notwithstanding the definition of “height” in Part 1, Section 3.05.02(3), and 3.08.05(4), the highest point of the roof of the carriage suite may not exceed the height of 85% of the highest point of the roof of the one-family dwelling, as measured from the average finished grade of the lot

8.

By replacing Section 3.09.01(1)(a) to read:

A home office is permitted as an accessory use in any dwelling unit, including one- and two-family dwellings, suites, manufactured homes, attached housing and apartment units;

9.

By replacing Section 3.09.05(5) to read:

A bed and breakfast home business may only be conducted within a principal dwelling or an approved suite and may only be operated in conjunction with the owners’ concurrent residency of the property.

10.

By replacing Section 3.26.02(7) to read:

Group day cares in a residential zone and home occupation day cares are not permitted in conjunction with a suite;

11.

By replacing Secondary Suite in Section 4.01.01 with Suite

12.

By replacing Section 6.10.01(4) to read:

secondary suite, garden suite, or carriage suite in accordance with Section 3.08;

13.

By replacing Section 6.10.03(1) to read:

There may not be more than one residential building on a lot, exclusive of either a garden suite or carriage suite;

14.

By replacing Section 6.11.01(12) to read:

Secondary suite, garden suite, or carriage suite in accordance with Section 3.08;

15.

By deleting Section 6.11.01.(13) and re-numbering the subsequent clauses accordingly

16.

By replacing Section 6.11.03(1) to read:

There may not be more than one residential building on a lot, exclusive of either a garden suite or carriage suite;

17.

By replacing Section 6.11.06(4) to read:

That notwithstanding Section 3.08.03(3)(a) a carriage suite may be located not less than 2.5 m (8.2 ft) from a one-family dwelling on the lot legally described as Lot A, Section 83, Metchosin District, Plan 18993, PID 003-673-413 (3504 Happy Valley Rd).

18.

By replacing Section 6.12.01(5) to read:

Secondary suite, garden suite, or carriage suite in accordance with Section 3.08;

19.

By replacing Section 6.12.03 to read:

There may not be more than one residential building on a lot, exclusive of either a garden suite or carriage suite;

20.

By replacing Section 6.13.01(9) to read:

Secondary suite, garden suite, or carriage suite in accordance with Section 3.08;

21.

By replacing Section 6.13.02(4) to read:

Notwithstanding Subsection 6.13.02(2), on properties legally described as STRATA LOT 1 and 2 SECTION 26 GOLDSTREAM DISTRICT STRATA PLAN VIS5460 TOGETHER WITH AN INTEREST IN THE COMMON PROPERTY IN PROPORTION TO THE UNIT ENTITLEMENT OF THE STRATA LOT AS SHOWN ON FORM V; PID No.: 025-822-616 (1319 & 1323 Ravensview Drive) no lot having an area less than 0.70 ha (1.7 acres) may be created by subdivision in the Rural Residential 4 (RR4) Zone, unless that lot is serviced by a municipal sanitary sewer system, except no lot created under this regulation may contain a secondary suite, garden suite, or carriage suite.

22.

By replacing Section 6.13.04(1) to read:

There may not be more than one residential building on a lot, exclusive of either a garden suite or carriage suite;

23.

By replacing Section 6.13.04(2)(d) to read:

Neither of the buildings contain a secondary suite nor have a garden suite or carriage suite;

24.

By replacing Section 6.14.01(5) to read:

Secondary suite, garden suite, or carriage suite in accordance with Section 3.08;

25.

By replacing Section 6.14.03(1) to read:

There may not be more than one residential building on a lot, exclusive of either a garden suite or carriage suite;

26.

By replacing Section 6.14.03(2)(d) to read:

Neither building on a single lot has a secondary suite, garden suite, or carriage suite;

27.

By replacing Section 6.15.01(5) to read:

Secondary suite, garden suite, or carriage suite on lots 500 m2 or greater and in accordance with Section 3.08;

28.

By replacing Section 6.15.03 to read:

There may not be more than one residential building on a lot, exclusive of any garden suite or carriage suite;

29.

By replacing Section 6.16.01(5) to read:

Secondary suite, garden suite, or carriage suite in accordance with Section 3.08;

30.

By replacing Section 6.16.03 to read:

There may not be more than one residential building on a lot, exclusive of any garden suite or carriage suite;

31.

By replacing Section 6.17.01(5) to read:

Secondary suite, garden suite, or carriage suite in accordance with Section 3.08;

32.

By replacing Section 6.17.03(2) to read:

Notwithstanding Subsection 6.17.03(1), on lots with an area of no less than 400 m2 outside of any area protected by a non-disturbance covenant, a garden suite or carriage suite shall be permitted;

33.

By replacing Section 6.20.01(5) to read:

Secondary suite, garden suite, or carriage suite in accordance with Section 3.08;

34.

By replacing Section 6.20.03 to read:

There may not be more than one residential building on a lot, exclusive of any garden suite or carriage suite;

35.

By replacing Section 6.21.01(5) to read:

Secondary suite, garden suite, or carriage suite in accordance with Section 3.08;

36.

By deleting Section 6.21.01(6) and re-numbering the subsequent clauses accordingly

37.

By deleting Section 6.21.01(7) and re-numbering the subsequent clauses accordingly

38.

By replacing Section 6.21.03(1) to read:

There may not be more than one residential building on a lot, exclusive of any garden suite or carriage suite;

39.

By replacing Section 6.21.03(2)(g) to read:

Neither building on a single lot may have a secondary suite, garden suite, or carriage suite.

40.

By replacing Section 6.26.01(5) to read:

Secondary suite, garden suite, or carriage suite in accordance with Section 3.08;

41.

By replacing Section 6.26.03(1) to read:

There may not be more than one residential building on a lot, exclusive of any garden suite or carriage suite;

42.

By replacing Section 6.26.03(2)(g) to read:

Neither building on a single lot may have a secondary suite, garden suite, or carriage suite;

43.

By replacing Section 6.29.01(5) to read:

Secondary suite, garden suite, or carriage suite in accordance with Section 3.08;

44.

By replacing Section 6.29.03 to read:

There may not be more than one residential building on a lot, exclusive of any garden suite or carriage suite;

45.

By replacing Section 6.67.01(16) to read:

On land legally described as Lot 7, Section 99, Esquimalt District, Plan 22423; PID No.: 000-183-521 (2792 Leigh Road) a one-family dwelling may contain a secondary suite within the one-family dwelling or a garden suite or carriage suite in accordance with Section 3.08.

46.

By replacing Section 6.90.08(1)(b) to read:

Secondary suites, garden suites, and carriage suites are prohibited;

47.

By replacing Section 6.92.01(2)(m) to read:

One-family dwelling on lots with areas greater than or equal to 550 m2 (5 920 ft2), which must have a secondary suite, garden suite, or carriage suite in accordance with Section 3.08;

48.

By replacing Section 6.92.01(2)(n) to read:

One-family dwelling on lots with areas less than 550 m2 (5 920 ft2) and greater than or equal to 300 m2 (3 229 ft2), which may have a secondary suite or carriage suite in accordance with Section 3.08;

49.

By replacing Section 6.92.04(1) to read:

There may not be more than one residential dwelling, exclusive any secondary suite, garden suite, or carriage suite, on a lot with an area of less than 750 m2 (8 073 ft2).

50.

By replacing Section 6.92.05(4) to read:

Under no circumstances may the number of one-family dwellings in the CD3 zone exceed 1500, whether or not the dwellings have secondary suites, garden suites, or carriage suites, nor be less than 850 when the maximum density permitted in Subsection 6.92.05(6) has been achieved;

51.

By replacing Section 6.92.05(5) to read:

Under no circumstances may the total number of residential dwellings other than secondary suites, garden suites, or carriage suites within Areas 2, 3, 4, and 5 of the CD3 zone exceed 5 950;

52.

By replacing Section 6.92.05(6) to read:

In this section, “non-residential floor area” means floor area for the uses permitted in the CD3 zone other than apartment, apartments for senior citizens, attached housing, one-family dwelling with a secondary suite, garden suite, or carriage suite, one-family dwelling, townhouses, and two-family dwellings.

53.

By replacing Section 6.97.01(1)(i) to read:

Garden suite or carriage suite on lots over 700 m2 (7 535 ftt) in accordance with Section 3.08;

54.

By deleting Section 6.101.01(1)(i);

55.

By replacing Section 6.101.01(1)k) to read:

One-family dwelling which may have a secondary suite, garden suite, or carriage suite on lots with an area equal to or greater than 550 m2 (5 920 ft2) and in accordance with Section 3.08;

56.

By replacing Section 6.101.03(1) to read:

There may not be more than one residential building, exclusive or any garden suite or carriage suite on a lot with an area less than 750 m2 (8 073 ft2);

57.

By replacing Section 6.101.04(8) to read:

Under no circumstances may the total number of residential dwellings other than suites and assisted living apartments and care facilities in Areas I, II, III, and IV of the CD12 zone exceed 2000.

58.

By replacing Section 6.102.01(6) to read:

One-family dwelling which may have a secondary suite, garden suite, or carriage suite on lots with an area equal to or greater than 550 m2 (5 920 ft2) and in accordance with Section 3.08;

59.

By replacing Section 6.103.01(6) to read:

One-family dwelling which may have a secondary suite or carriage suite on lots with an area equal to or greater than 300 m2 (3 229 ft2) and in accordance with Section 3.08;

60.

By replacing Section 6.103.03(1) to read:

There may not be more than one residential building on a lot, exclusive of any garden suite or carriage suite where permitted by Subsection 6.103.01(6);

61.

By replacing Section 6.103.05(2) to read:

Notwithstanding the definition of “height” in Part 1 and Section 3.05.02(3), the highest point of the roof of the carriage suite may not exceed the height of 85% of the highest point of the roof of the one-family dwelling, as measured from the average finished grade;

62.

By replacing Section 6.103.06(2)(a) to read:

Where the lot contains both a one-family dwelling and a carriage suite:

63.

By replacing the header above Section 6.103.06(3) to read:

Carriage Suites

64.

By replacing Section 6.103.06(3) to read:

No carriage suite may be located:

65.

By replacing Section 6.104.01(7) to read:

One-family dwelling which may have a secondary suite on lots with areas greater than or equal to 350 m2 (3, 767 ft2) and in accordance with Section 3.08;

66.

By replacing Section 6.104.01(8) to read:

One-family dwelling which may have a garden suite or carriage suite on lots with an area equal to or greater than 550 m2 (5 920 ft2) and in accordance with Section 3.08;

67.

By replacing Section 6.104.03(4) to read:

Under no circumstances may the total number of residential dwellings in the CD15 zone, other than suites, exceed 275.

68.

By replacing Section 6.104.04(2)(a) to read:

One additional residential building is permitted for a garden suite or carriage suite where permitted by Subsection 6.104.01(8); or

69.

By deleting Section 6.104.05(2)

70.

By replacing the heading above Section 6.104.06(3) to read:

Garden Suites and Carriage Suites

71.

By replacing Section 6.104.06(3) to read:

No garden suite or carriage suite may be located:

72.

By replacing Section 6.107.01(1)(g) to read:

One-family dwelling which may contain a secondary suite on lots with areas greater than or equal to 300 m2 (3, 229 ft2) and in accordance with Section 3.08;

73.

By replacing Section 6.107.01(1)(h) to read:

One-family dwelling which may have a carriage suite on lots with areas greater than or equal to 310 m2 (3, 337 ft2) and in accordance with Section 3.08;

74.

By replacing Section 6.107.03(2)(a) to read:

One additional residential building is permitted for a carriage suite where permitted by Subsection 6.107.01(1)(h); or

75.

By replacing the heading above Section 6.107.05(2) to read:

Carriage Suites

76.

By replacing Section 6.107.05(2) to read:

No carriage suite may be located:

77.

By replacing Appendix U of the Zoning Bylaw No. 300 with the text attached to this bylaw as Schedule A

B.

This Bylaw may be cited for all purposes as “Langford Zoning Bylaw, Amendment No. 486, (Omnibus No. 47 – Garden Suites and Carriage Suites), Bylaw No. 1696, 2019".

READ A FIRST TIME this 17th day of June, 2019.

PUBLIC HEARING held this day of , 2019.

READ A SECOND TIME this day of , 2019.

READ A THIRD TIME this day of , 2019.

ADOPTED this day of , 2019.

MAYOR

(Certified Correct)
CORPORATE OFFICER