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Density Bonus Provisions of the Municipal Act

Model Density Bonus Bylaw Provisions

The Government of British Columbia strongly recommends that local governments obtain legal advice from their solicitors when drafting density bonus provisions for their zoning bylaw.

NOTE:

Wherever a "++" is used, the bylaw author needs to replace it with relevant information.

A. Section 963.1 of the Municipal Act authorizes a [ Council/Board] ++ to adopt a zoning bylaw which may establish:

(a) different density regulations for a zone, one generally applicable for the zone and the other or others to apply if the applicable conditions are met, and

(b) conditions that will entitle an owner to the higher density;

B. The [ Council/Board] wishes to provide for increased permitted density in the [ ++ specify zone(s)] if the applicable conditions relating to [ ++ the provision of affordable and special needs housing or amenities] are provided [ ++ or conserved];

1. Definitions.

In this bylaw [ ++ or section]:

(a) "affordable and special needs housing" means ++ [to be defined in terms of the type(s) of affordable and special-needs housing required or desired by the municipality, whether rental, for a specific class of persons, or otherwise];

(b) "amenity" means ++ [to be defined in accordance with section 215(1.4) of the Land Title Act or in terms of an amenity such as underground parking, public art, street trees, parkland, daycare, to be provided or conserved];

2A. Density.

The floor space ratio [as previously defined in the bylaw] for all building and structures on a [ ++ lot/parcel] must not exceed ++ .

OR

2B. Density.

Density must not exceed ++ dwelling units per hectare of lot area.

3A. Bonus Density.

The floor space ratio permitted under section 2A above will be increased by

(a ++ for each [ ++ dwelling unit or other unit of affordable and special needs housing provided], or

(b) ++ for each [ ++ unit of amenity provided or conserved],

[ ++ to a maximum total floor space ratio of ++ ], but only if the conditions set out in section 4 below are met.

OR

3B. Bonus Density.

Despite section ++ 2B above, ++ additional dwelling units per hectare of lot area are permitted

(a) ++ for each [ ( dwelling unit or other unit of affordable and special needs housing provided], or

(b) ++ for each [ ++ unit of amenity provided or conserved],

but only if the conditions set out in section 4 below are met. [In no case will the total number of dwelling units per hectare of lot area exceed ++ .]

4. Conditions for Bonus Density.

Following are the conditions which must be met before the bonus density under section ++ 3A/3B above will be permitted:

(a) where an amenity is to be provided [( ++ or conserved)], the registered owner must grant to the municipality a covenant under section 215 of the Land Title Act, in registrable form, providing that ++ ;

(b) where affordable and special needs housing is to be provided, the registered owner must enter into a housing agreement with the municipality under section 963.2 of the Municipal Act, to ensure that the affordable and special needs housing is constructed and maintained for [ ++ purpose];

(c) the housing agreement [ ++ or section 215 covenant] must [contain terms and conditions as follows: ++ ;]

or

[be provided in substantially the form attached to this bylaw as [ ++ schedule]],

and must be granted, executed and delivered to the municipality prior to the issuance of any building permit for the land in relation to which the density bonus is permitted;

(d) ++ .

This page is part of Density Bonusing: A Guide and Bylaw, published by the Ministry of Municipal Affairs and Housing, March 1997.

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