Zoning

How BC law treats it

Zoning is set by local government, not the province directly. Municipalities and regional districts adopt zoning bylaws under Part 14 of the Local Government Act, RSBC 2015, c 1 (s. 479). The City of Vancouver has its own zoning powers under the Vancouver Charter, SBC 1953, c 55. A zoning bylaw divides land into zones and lists the permitted uses and the rules for buildings in each zone. To change what is allowed, an owner applies to rezone, which means council amends the zoning bylaw. Rezoning usually involves staff review, consultation and sometimes a public hearing, and council has broad discretion. Minor departures from siting or size rules can be sought through a development variance permit or a board of variance, but those cannot change the permitted use. A use that was lawful before a bylaw changed may continue as a legal non-conforming use under s. 528 of the Local Government Act. That protection can be lost if the use is discontinued for a continuous period of six months, and there are limits on expanding or rebuilding a non-conforming building. In Vancouver, the Vancouver Charter has its own non-conforming use rules. Zoning is separate from a business licence, a building permit and the terms of a commercial lease or strata bylaws. A business may need all of them. Zoning information is confirmed with the local government, often through a zoning compliance letter or a review of the bylaw and the property's title.

What it means for your business

Signing a commercial lease or buying property for a use the zoning does not allow can leave a business paying rent on premises it cannot operate from. Restaurants, cannabis retailers, clinics, light industrial users and child care operators are especially exposed. A careful tenant or buyer makes zoning approval a condition of the deal, or gets a lease clause that lets it walk away if the required permits are refused. Example: A craft brewery signs a letter of intent for a Surrey warehouse, conditional on confirming that the industrial zone permits a tasting lounge. The city confirms it does not, so the brewery negotiates a rezoning condition before removing subjects.

Risks and common mistakes

Relying on the landlord's or previous tenant's use as proof that zoning permits the new business. Removing subjects on a purchase or lease before confirming zoning and business licence eligibility. Letting a legal non-conforming use lapse by stopping it for a continuous period of six months or more. Confusing a business licence or building permit with zoning approval. Assuming a rezoning application will be approved on a predictable timeline.