Last updated date September 2024 

Overview 

At the end of 2023, the Provincial government passed Bill 44: 2023 Housing Statutes (Residential Development) Amendment Act, 2023 which enabled small-scale, multi-unit developments. In response, in June 2024, Port Moody Council approved City of Port Moody Zoning Bylaw, 2018, No. 2937, Amendment Bylaw No. 94, 2024, No. 3460 (portmoody.ca). For more details, please refer to the June 18, 2024 Special Council meeting package. 

The goal of Bill 44 is to enable small-scale, multi-unit housing by establishing unit maximums for all single-family and duplex lots. These unit maximums vary depending on lot size and proximity to frequent transit. These housing forms typically offer more family-oriented units than larger-scale multi-family housing and more affordable options than single-family dwellings  

As with other municipalities, Port Moody is required under Bill 44 to allow for Small-Scale Multi-Unit Housing (SSMUH) on lots currently zoned for single-family and duplex uses with no need for a rezoning application. Specifically, the City must: 

  • Allow for a maximum of three dwelling units on lots with an area less than 280m2 (3,014 sq.ft.). 

  • Allow for a maximum of four dwelling units on lots with an area between 280m2 and 4,050 m2 (1 acre). 

  • Where the lot is located within 400m of bus stops with frequent service (15 minutes or less), allow for a maximum of six dwelling units on lots with an area between 280 m2 and 4,050 m2, and eliminate minimum parking requirements. 

Impact to Port Moody 

For Port Moody, all properties in single detached residential (RS) zones and specific properties in multi-residential (RT and RM) zones qualify for at least the three-unit minimum. Depending on lot considerations (including size), eligible properties qualify for three to six units. There are circumstances under which properties are exempted from the multi-unit entitlements based on the Province’s exemption criteria. The specific exemptions have been communicated during the Zoning Bylaw update. Guidance related to unit entitlements for existing RS1-S zoned lots, as well as for RS1-S applications in progress, are outlined in the Interim RS1-S Rezoning Policy. 

Bill 44 also prohibits site-by-site public hearings for rezoning applications that are consistent with the Official Community Plan (OCP) and when the sole purpose of the rezoning bylaw is to enable residential development. Public hearings will continue to be required for updates to OCPs, for rezonings that are not consistent with an OCP, and may not be required at the City’s determination for non-residential rezonings that are OCP compliant. This will be further addressed through the post-Bill 44 review and update of the City’s Development Approval Procedures Bylaw. 

Resources 

Next steps 

  • The City is targeting SSMUH design guidelines by December 2024. 

  • The City will update applicable CD (Comprehensive Development) and A1 Zone lots to include the SSMUH entitlements by December 2024. 

  • Update of the Development Approval Procedures Bylaw and Fees Bylaw targeted by December 2024. 

  • The City will undertake an Interim Housing Needs report by December 31, 2024 using methodology provided by the Province. 

  • The City will update the OCP to reflect all legislative requirements and the Zoning Bylaw by December 31, 2025. 

Commonly asked questions for SSMUH 

Please refer to the SSMUH Information Guideline for a detailed list of questions. The City continues to implement SSMUH and will update this page with commonly asked questions. Please subscribe to this page for updates.  

Q. Is my property eligible for SSMUH? 
A: Please visit Provincial Housing Statutes Online Mapping and enter your address in the search field. You can find your SSMUH entitlement by clicking on the parcel. For all eleven of the subject RS and RT zones, refer to the Provincial Housing Statutes Online Mapping. Please note, this is a different map from the City’s Viewport (Online Mapping System).  

Q. What other Development Permit requirements or regulations will apply to building in the SSMUH designated areas? 
A. Existing guidelines for environmentally sensitive areas and hazardous lands will still apply and new design guidelines for form and character are being prepared. In the absence of SSMUH-specific design guidelines, the existing multi-family development permit guidelines for form and character will be applied in the interim for SSMUH development on RS1 zoned lots and RS1-S zoned lots outside of the Moody Centre Heritage Character AreaFor RS1-S zoned lots in the Moody Centre Heritage Character Area, the Intensive Residential Development Guidelines in the OCP (Port Moody OCP, 3.5 Intensive Residential Development and Page 175) will be applied. The SSMUH Information Guideline will provide more details to additional requirements or regulations  

Q. Can I build a laneway or accessory dwelling unit on my SSMUH property?
A: Yes, as long as the laneway, coach house or accessory dwelling unit meets the SSMUH - RS1 zoning requirements. There is no requirement for lane access in SSMUH. 

Q. Is there a unit size restriction? 
A. No. However, there is an overall maximum density per lot provided in SSMUH table for each RS and RT zone. 

Q. Is SSMUH allowed in the TOA areas? 
A. No, the TOA areas are exempt from SSMUH as directed by the Province. 

Q. What is  the development permit process for SSMUH projects? 
A. Please refer to the Development Permit Form and Character Guidelines in Chapter 16 of the City’s OCP. Furthermore, existing guidelines relating to Development Permit Area 4: Environmentally Sensitive Areas (DPA4) and Development Permit Area 5: Hazardous Lands and Steep Slopes (DPA 5) are applicable. City staff will authorize the development permit for Form and Character for SSMUH projects. A pre-application is also recommended 

Q. Why are only some heritage properties exempt from SSMUH developments? 
A. Only the heritage properties that are part of a Heritage Revitalization Agreement or are designated by a municipal bylaw qualify for the exemption and are shown in the yellow colour on the Provincial Housing Statutes Online Mapping (arcgis.com)map. Those properties listed as protected in Heritage Conservation Area do not qualify for a SSMUH exemption. 

Q. What should I do if I have a watercourse (stream, ditch or wetland) on or near my SSMUH property? 
A. Qualified Environmental Professional (QEP)should be engaged to create a report that assesses the watercourse and identifies the top-of-bank. This information is used to develop a lot survey that outlines the top of bank and associated Zoning Bylaw setbacks (Riparian Protection and Enhancement Area & Riparian Transition Area)as applicable (see Section 5.4 of the Port Moody Zoning Bylaw). 

Q. What fees apply to SSMUH developments? 
A. The current Development Cost Charges (DCCs) schedule still applies and the City is working to amend DCCs in 2025.  Application fees related to development permits and building permits would also apply. The process to create new Amenity Cost Charges (ACCs) will be initiated in 2025.  

Q. How might tree preservation or replanting requirements impact my proposed development?  
A. To ensure tree preservation or replanting opportunities with SSMUH developments, the SSMUH lot coverage requirements in the Zoning Bylaw has been adopted to allow three-storey buildings in all cases. This approach promotes building up rather than out, providing sufficient area for tree retention, tree planting, pervious surfaces and outdoor amenity space, while accommodating vehicle access and parking. Tree replanting will be addressed through the Development Permit process to ensure adequate tree canopy coverage in the SSMUH areas over time. Alternative building forms may be proposed that support the retention of significant trees and consolidated planting areas for adequate growing space. Staff may also request pervious surfacing materials for parking spaces, or the use of engineered soil solutions where pervious surfacing is not feasible. 

Additional FAQs for SSMUH are also available in the SSMUH Information Guideline. This guide This guide was prepared based on information available as of August 15, 2024. Please note this webpage with additional FAQs is being developed as ongoing inquiries are being received. Subscribe to this page for updates.  

Please contact ssmuh@portmoody.ca for additional questions.