Zoning
What is a Zoning Bylaw Amendment (Rezone)?
The Zoning Bylaw is a Council-approved tool that ensures development is consistent with the Official Community Plan.
Zoning maps specify the different zoning designations within the City limits-such as Single-family, Multi-family, Commercial, Industrial and Institutional-and the Zoning Bylaw specifies the zoning regulations for properties within those designations.
A "Rezoning" is a land-use amendment to the Zoning Bylaw No. 2011-23 [PDF - 1.5 MB]. The process of rezoning allows Council to analyse the potential impacts a land-use change and subsequent development may have on the community now and in the future, as envisioned in the OCP.
What is an Official Community Plan (OCP) Amendment?
The Local Government Act of BC gives municipal governments the authority to adopt an Official Community Plan (OCP) bylaw [PDF - 4.4 MB]. Official Community Plans are broad strategies directing growth and development in anticipation of a community's future needs.
Developed through extensive community consultation, the City of Penticton's OCP is the community's collective vision for the city. It outlines Council's policy direction for land use, servicing and the form and character of development within specific areas of the City.
In order to change any of the policies outlined in OCP- to change the vision approved by Council-an OCP Amendment is required.
When is a Zoning Bylaw or Official Community Plan Amendment Required?
A Rezone application is required when a development proposal is not in compliance with provisions of the Zoning Bylaw and the proponent seeks changes to components such as land use, density and parking.
Some Rezoning applications may also require an OCP Amendment. If the Rezone application is consistent with the policies outlined in the OCP, it can proceed through the process without an OCP Amendment. If the Rezoning application is not consistent with the OCP, it and the OCP Amendment application are processed concurrently through similar processes.
A formal Public Hearing is part of the OCP and Zoning Bylaw Amendment processes.
What is a Temporary Use Permit?
A Temporary Use Permit (TUP) is granted for a period of up to three years to allow a use in a specific zone that is not a current permitted use. The Temporary Use Permit may outline conditions and regulate construction of buildings or structures in respect of the use for which the TUP is carried out.
What are Specific Use Regulations?
The zoning bylaw permits a number of 'specific uses,' such as secondary suites, carriage houses and home based businesses among others. The zoning bylaw outlines regulations for these uses above and beyond the regular development regulations listed for each zone. For example, in the case of bed and breakfast operations, the specific use regulations require that the operator of a bed and breakfast reside within the house where the bed and breakfast exists. The regulations are intended to integrate the specific uses into the neighbourhoods into which they are located. The following table outlines these regulations for each zone that the uses are permitted in.
Zones & Specific Use Table [PDF - 130 KB]
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