SSMUH offers housing options that are ground-oriented and compatible in scale and form with established single- and two-family neighbourhoods. The following residential zoning changes are required to be adopted by municipalities across British Columbia:
The Province is requiring local governments to adopt the new SSMUH zoning regulations by June 30, 2024.
The City of Nanaimo launched the ‘Increasing Housing Options’ project in 2023 to look at various recommended changes aimed at making housing more attainable in Nanaimo. The recommendations are in response to City Plan - Nanaimo ReImagined, where we heard the community's desire to prioritize creating affordable housing. Feedback was sought on four proposed changes in September 2023: Expanding Secondary Suite Regulations; Expanding Infill Housing in Existing Neighbourhoods; Expanding Family-Friendly Housing Options; and Creating Adaptable Housing Units.
Shortly after, the Province introduced the SSMU legislation, impacting ‘Increasing Housing Options’ project. Many aspects of the SSMUH regulations are similar to what the City has been exploring through ‘Increasing Housing Options’, with a notable difference being the extent of land considered for a change in zoning. While the City had consulted with the public regarding strategic areas for pre-zoning (e.g. in proximity to transit and services), the Provincially-mandated SSMUH regulations will apply to all restricted zones within the city. More information will be presented to Council in April or May 2024.
Staff have reviewed the SSMUH legislation and its impacts on the ‘Increasing Housing Options’ project and will be presenting the proposed bylaw amendments at the May 6, 2024 Council Meeting. This will allow consideration of adoption ahead of the June 30, 2024 Provincial required deadline. Click on the “Progress’ tab below to view the report.
As the City works through the changes needed to comply with this initiative, we want to ensure Nanaimo residents and businesses are aware of the related impacts and how they will affect our community. Information on the upcoming changes and updates will be communicated to the community both in digital and print formats. These include: the City's website, social media platforms, e-notifications (e.g. My Nanaimo This Week), press releases, online information sessions, handout and tax notice newsletter. Stay tuned!
Frequently Asked Questions
Does Nanaimo have frequent services (15 minutes or less)?
No, there are currently no bus routes that operate in Nanaimo that meet the Province's definition of frequent service.
Will this legislation legalize existing secondary suites built without a permit?
No. This legislation will allow secondary suites or accessory dwelling units to be built in all communities across BC. It will not legalize secondary suites which may have been built without a building permit. If a secondary suite is built without a building permit, property owners will have to work with their local government to bring it into compliance with the BC Building Code and other local government requirements.
Do existing covenants under section 219 still apply?
The SSMUH legislation does not affect existing covenants made under section 219 of the Land Title Act. However, local governments should not pursue new covenants that would prevent the prescribed residential densities required under the SSMUH legislation. Covenants can however still be requested for health, safety, and the protection of the natural environment.
Do phased Development Agreements (under Section 516 of the Local Government Act) supersede SSMUH requirements? A phased development agreement itself does not supersede the SSMUH requirements. Covenants, which are a common features of phased development agreements, could negate a zoning change made by a local government to implement SSMUH requirements. The application of the SSMUH legislation would also depend on whether the current zoning of the phased development meets the definition of a restricted zone under the legislation. Please seek advice from your lawyer where necessary. See page 24 (Land Title Act) of the Provincial Policy Manual & Site Standards for more details.
Can local governments ensure that large lots aren’t subdivided into very small parcels (further increasing density)?
Yes, local governments retain the ability to determine the minimum lot size for subdivision.
New subdivision proposals would still need to be reviewed by an approving officer, who could ask for infrastructure upgrades as a condition of any approval (Land Title Act, sections 86 and 87, and LGA, section 506). New subdivision proposals can be denied by an approving officer based on concerns of lack of infrastructure and servicing capacity, or can require actions to be taken before an approval is granted. See pages 51-52 (Subdivision, lot sizes, and strata titling) of the Provincial Policy Manual for more information.
Can local governments exempt areas due to geotechnical hazards, flood zones, etc.?
Yes. The Local Government Act and Community Charter have existing authorities, like development permits for municipalities to manage growth in and near hazardous and environmentally sensitive areas. As well, regulations which came into force on December 7 (Local Government Zoning Bylaw Regulation) establish further exemptions for areas from SSMUH:
1) Areas captured within a Transit-Oriented Area, as noted by Housing Statutes (Transit-Oriented Areas) Amendment Act, 2023, S.B.C. 2023, c. 48, are exempted from the three-, four- or six-unit requirements as the TOA regulation will allow higher densities of housing.
2) Land which is subject to:
a) hazardous conditions,
b) the threat or risk from the hazardous conditions would increase if the density permitted under this legislation is achieved, and
c) the hazardous condition cannot be practically mitigated.
If a strata has their own on-site servicing for water and wastewater, which is not connected to the local government system, are they exempt from SSMUH legislation?
Land that is not connected to a water and sewer system provided as a service by a municipality or regional district is exempt from SSMUH requirements to permit, in zones which meet the definition of a restricted zone, a minimum of three to six units.
What if a property is in a service area for water and sewer but not connected to both services? What happens if a property later connects to both services?Land must be connected to both water and sewer systems that are operated by a local government for the three to six unit density to be applied. Even if a property is within a service area, it must also be connected to both a water and a sewer system operated by a local government. If a property does later connect to both services, the zoning of the property may need to be updated to allow for three to six units.
How do heritage protections (sections 610, 611 and 614 of the LGA) intersect with SSMUH legislation?
The following lands are exempted from SSMUH requirements to permit a minimum of three to six units on a lot:
• Land that is protected under s. 12.1 (2) of the Heritage Conservation Act;
• Land that is, on the date the SSMUH legislation came into force, designated as protected under section 611 [heritage designation protection];
• Lands subject to a heritage revitalization agreement, as defined in section 586 of the LGA, entered into before the date this section comes into force.
Going forward, local governments will still be able to designate heritage properties, but they will have to allow the minimum density under the small scale, multi-unit housing (SSMUH) requirements on those lots, and they cannot unreasonably restrict SSMUH development. Many homes which are currently designated as heritage do accommodate multiple dwellings within one, large residential building, and heritage infill is a common practice in many communities across B.C. already. See page 11 (Exemptions) and implementation sections of the Provincial Policy Manual and Site Standards for more information.
If transit service changes in the future (i.e. bus stop is moved or service level adjusted) are municipalities required to update their zoning bylaw for which six units are permitted?
Yes, municipalities are expected to ensure their zoning bylaws are up to date and account for changes in transit routes and frequency.
Transit service is not static and changes over time and throughout the year. For seasonal changes to bus service, local governments should determine prescribed bus stops based on the lowest service level available throughout the year. Local governments are to use the transit service which is published at the time they are updating their zoning bylaws to meet the compliance deadline of June 30, 2024. As transit levels change in the future, local governments should ensure their zoning bylaws continue to align with provincial legislation.
Still Have Questions?
Provincial information on SSMUH can be found here as well as under the “Document” tab below. Questions about SMMUH can be directed to the BC Planning and Land Use Management Branch email: PLUM@gov.bc.ca.