Bulletins and Forms

The Agricultural Land Reserve (ALR), established in 1973, is a provincial land use zone in which agriculture is recognized as the priority use. It was created to preserve agricultural land and encourage the maintenance of farms as a secure food source.

If your property is in the ALR, it is subject to the provincial Agricultural Land Commission Act and the Agricultural Land Reserve Use, Subdivision, and Procedure Regulations.

An ALC application is required when an owner of land in the ALR intends to:

• Include or exclude land in the ALR
• Subdivide land in the ALR
• Use ALR land for non-farm purposes
• Place, fill, or remove soil for non-farm purposes

Before an application is submitted, the applicant should meet with Development Services staff to discuss the proposal and determine if there are any additional requirements. Applications are made through the ALC’s online application portal.

For additional information regarding applications in the Agricultural Land Reserve or living next to farming, please refer to the following bulletin:

• Agricultural Land Reserve
• Living Next to Farming

A bed and breakfast (B&B) is a form of temporary accommodation that is situated within a private residential dwelling, and acts as a home-based business. A B&B acts as a secondary use to the primary use of the building, which is considered the residence.

Bed and Breakfasts are often located within established neighbourhoods, provided that they meet regulations as identified by the city.

For additional information about B&Bs and applicable regulations, please refer to the following bulletin:

• Bed and Breakfasts (please contact staff directly for information on this bulletin)

The Board of Variance (BOV) consists of 5 members and 1 chair, both appointed, who are not elected officials or associated with the District as it functions separately from the municipality. The Board is required under s. 961 of the

Municipal Act where a Council has enacted a zoning bylaw. The role of the Board is to consider appeals on the interpretation and application of regulations that will not adversely impact or change the intent of the subject bylaw(s).

For more information regarding the Board of Variance, please refer to the following bulletin:

• Board of Variance Applications

Building permits ensure that the work is in compliance with all codes and safety standards. The work will be inspected by a City of West Kelowna building official. If you are unsure about whether a building permit is required, please check with us.

For additional information regarding Building Permit applications, please refer to the following bulletin:

• Building Permit Applications

Please note, the City of West Kelowna does not keep an inventory of legal suites and carriage houses that are currently available for rent. Please see local classified listings or consult with a local realtor or property management company for rental availability in West Kelowna and area.

For additional information regarding Carriage Houses, please refer to the following bulletin:

• Carriage Houses

Development Permit Areas (DPAs) are portions of land identified as having values requiring protection and further technical review before any works begin. DPAs allow the City to enhance neighbourhood character; protect the environment; revitalize commercial areas; conserve energy and water; and reduce greenhouse gas emissions.

There are eight DPAs designated in the Official Community Plan (OCP). Half of these pertain to land use (Commercial, Industrial, Multiple Family, and Intensive Residential), while the others pertain to environmental features (Hillside, Aquatic Ecosystem, Sensitive Terrestrial Ecosystem, and Wildfire Interface).

For properties located within a DPA, a permit is required prior to the issuance of a building permit or approval of a subdivision. A Development Permit (DP) may also be required prior to any site disturbance on your property, including the clearing of land. If your property is located within multiple DPAs, you only need to submit one application.

A Development Permit is not required for maintaining existing landscaping or the removal of hazardous trees.

For additional information regarding Development Permit applications, please refer to the following bulletin:

• Development Permit Applications

A DVP varies a specific regulation outlined in the Zoning, Sign, or Subdivision Bylaw. The property must still conform to all other development regulations outlined in the associated bylaw(s).

A DVP cannot vary the land use or density of a property. If a property owner wishes to modify these aspects, they may apply to do so via a Zoning Amendment.

DVPs will be considered by Staff and Council in the context of:

• Other available options in design, functionality, and siting;
• Safety issues;
• Urban design and aesthetic aspects;
• The extent of the variance(s) requested;
• The applicant’s rationale for the variance;
• Any unique site features;
• Public input; and
• Applicable City policies (i.e. Official Community Plan).

For additional information regarding Development Variance Permits, please refer to the following bulletin:

• Development Variance Permits

A home-based business is operated by the resident of an existing dwelling and the business acts as a secondary or subordinate use. Home-based businesses are not intended to have an adverse impact on neighbouring properties and do not create a public nuisance. There are two classifications of home-based businesses: minor and major.

For additional information regarding Home Based Businesses, please refer to the following bulletin:

• Home Based Businesses (please contact staff directly for information on this bulletin)

For additional information regarding Measuring Height, please refer to the following bulletin:

• Measuring Height

During the late 1970s and early 1980s, the Municipal Act permitted local governments to enter into agreements with property owners outlining site-specific land uses and conditions of development. These agreements are called Land Use Contracts (LUCs). Although new LUCs are no longer permitted under provincial legislation, there are some still in effect.

A LUC can be changed in 3 ways:

1. Amendments - A LUC amendment may amend text, drawings, and development plans.
2. Discharge - A LUC can be discharged, in which case the regulations in the City’s Zoning Bylaw apply.
3. Variance - Specific elements of a land use contract can be varied through a Development Variance Permit (DVP) application. A DVP cannot vary use or density.

For additional information regarding Land Use Contract Amendments, please refer to the following bulletin:

• Land Use Contract Amendments

A secondary suite is a second dwelling unit that contains a kitchen and bathroom, and has no more than 2 bedrooms, located within the structure of a single-detached house that provides living accommodation based on rental periods of one month or longer. These provide an affordable housing option.

A secondary suite is not permitted on a parcel that contains a carriage house and it cannot be rented for less than 30 consecutive days.

Please note, the City of West Kelowna does not keep an inventory of legal suites and carriage houses that are currently available for rent. Please see local classified listings or consult with a local realtor or property management company for rental availability in West Kelowna and area.

For additional information regarding Secondary Suites, please refer to the following bulletin:

• Secondary Suites

The City's Sign Bylaw regulates the number, size, type, form, appearance and location of all signage within the City. It is important to note that despite all signage being regulated, not all signage requires a permit prior to installation.

For more information regarding Sign Permit Applications, please refer to the following bulletin:

• Sign Permit Applications

A subdivision is the process of altering legal property boundaries. It often involves the dividing of a property into smaller parcels of land. The realignment of existing property lines and the consolidation of one or more properties into a single parcel may also be classified as a subdivision.

An application for subdivision is required when:

• Creating two or more lots from one or more existing lots;

• Consolidating two or more lots into one lot;

• Adjusting or realigning an existing property line (boundary adjustments);

• Dedicating property for a road or a park;

• Cancelling an existing road allowance;

• Creating a bare land strata subdivision which includes strata lots from one or more existing properties;

• Creating a phased strata title development; and

• Converting an existing previously occupied multi-unit development to strata title ownership.

For more information regarding Subdivision Applications, please refer to the following bulletin:

• Subdivision Applications

A Temporary Use Permit (TUP) is a specialized permit issued by Council to allow a use that is usually not permitted in the current zoning regulations for a property.

A TUP may permit one of the following:

• A use not permitted by the Zoning Bylaw
• Specific conditions under which the proposed use(s) may be carried out
• The construction of buildings or structures for which the permit is issued

Any construction, demolition, or land alteration associated with a TUP may not commence until a permit is obtained. A security may be required by the applicant to guarantee the terms of a permit. The security is returned when the project is completed.

In addition to obtaining a TUP, you may also need to apply for a building permit and/or business license.

For additional information regarding Temporary Use Permits, please refer to the following bulletin:

• Temporary Use Permits

Tree Removal

For additional information regarding Tree Removal, please refer to the following bulletin:

• Tree Removal

Zoning Bylaw

The Zoning Bylaw divides parcels of land into certain zones that regulate the use and density of land and the siting, size, and dimensions of buildings and structures allowed in a specific area. Zoning also establishes and promotes minimum standards for health, safety, convenience, and public welfare. Through the use of density parameters, zoning can prevent overcrowding of land and ensure appropriate building forms.

A Zoning Amendment, or ‘rezoning’, is the process of changing the zone of a property. Zoning can only be changed by an amendment to the Zoning Bylaw.

Official Community Plan

An Official Community Plan (OCP) is the long-term vision and consolidation of Council’s objectives for land use, as well as the form and character of development. The OCP also contains guidelines for Development Permit Areas. The OCP identifies land use designations and types of development that Council considers appropriate throughout the District. An OCP Amendment may be initiated to change a land use designation or policy direction specified in the OCP.

Amendments

Rezoning is required when the proposed use or density of a property or the proposed building form/siting is not permitted by the existing zone. Rezoning may allow for a change in these regulations. The review process examines the impact of the change on the community to ensure consistency with the community’s standard of development.

Where a proposed zone does not match the parameters of the OCP designation, an OCP Amendment is also required. In such cases, an OCP Amendment must be made before a change to the zoning can occur. Amendment applications (both OCP and Zoning) typically occur concurrently.

For additional information regarding Zoning and Official Community Plan Amendments, please refer to the following bulletin:

• Zoning and Official Community Plan Amendments
• Resident's Guide to Rezoning Process