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TOWN OF COMOX
BYLAW NO. 2052
A BYLAW TO IMPOSE AMENITY COST CHARGES
WHEREAS pursuant to the Local Government Act, the Council of the Town of Comox may, by
bylaw, impose amenity cost charges;
AND WHEREAS amenity cost charges may be imposed for the purpose of providing funds to
assist the municipality in paying the capital costs of providing, constructing, altering, or
expanding a facility or feature (amenity) that provides social, cultural, heritage, recreational or
environmental benefits to a community and service, directly or indirectly, the development for
which the charges are imposed;
AND WHEREAS Council has considered the charges imposed by this bylaw in relation to future
land use patterns and development, the phasing of works and services and the provision of park
land described in the Official Community Plan, expected increases in population growth of
residents and workers, the Financial Plan, and how development designed to result in a low
environmental impact may affect the capital costs of facilities or features;
AND WHEREAS in the opinion of the Council, the charges imposed by this Bylaw are related to
capital costs attributable to projects included in the municipality's financial plan and long-term
capital plans, and to capital projects consistent with the Official Community Plan.
NOW THEREFORE the Council of the Town of Comox, in open meeting assembled, enacts as
follows:
1.0 TITLE:
This bylaw may be cited for all purposes as the "Amenity Cost Charges Bylaw No. 2052".
2.0 DEFINITIONS AND INTERPRETATION:
2.1 This Bylaw applies to all applications for Subdivision and for issuance of a Building
Permit for parcels located in the Town of Comox.
2.2 In the event of a conflict with any term of this Bylaw with the provisions of the Local
Government Act authorizing the imposition of amenity cost charges, this Bylaw is to be
interpreted so that it is consistent with the authority set out in the Local Government
Act.
2.3 Any reference to a statute or regulation refers to an enactment of British Columbia as
amended, revised consolidated or replaced from time to time, and any reference to a
bylaw refers to a bylaw of the Town of Comox, as amended, revised consolidated or
replaced from time to time.
2.4 In this Bylaw, unless the context otherwise requires:
Town of Comox
Bylaw No. 2052 - Amenity Cost Charges Bylaw
Page 2
(a) "Building Permit" means any permit required under the Town of Comox Building
Bylaw, as amended, or repealed and replaced from time to time.
(b) "Construction" includes building, erection, installation, repair, alteration, addition,
enlargement, moving, relocating, reconstruction, demolition, removal, excavation,
or shoring requiring a Building Permit.
(c) "Detached Accessory Dwelling Unit" means a self-contained Dwelling Unit
designed to the applicable regulations under the Zoning Bylaw, that is detached
from and clearly accessory to a One-Unit Dwelling or Two-Unit Dwelling and
includes coach houses, carriage houses, or laneway houses, and may be situated
above a detached garage.
(d) "Development" means Construction that requires the issuance of a Building Permit
or Subdivision.
(e) "Dwelling, Multiple-Unit" means a principal building consisting of three (3) or more
Dwelling Units.
(f) "Dwelling, One-Unit" means a principal building used exclusively for residential
purposes and consisting of one (1) Dwelling Unit and may include a fully enclosed
Secondary Suite as an independent Dwelling Unit located within the principal
building.
(g) "Dwelling, Two-Unit" means a principal building used exclusively for residential
purposes and consisting of two (2) principal Dwelling Units, and each principal
dwelling unit in a Two-Unit Dwelling may include one fully enclosed Secondary
Suite as an independent dwelling unit located within the principal building.
(h) "Dwelling Unit" means a room, a suite of rooms or a building or structure that is
used or intended to be used as a self-contained private residence for one (1)
household that may contain eating, living, sleeping and sanitary facilities.
(i)
"Gross Floor Area" or "GFA" means the sum of the total floor area on a lot of each
storey in each building measured to the outside face of the exterior walls; excludes
the areas of canopies, sundecks, outside stairs, concealed parking, separate and
attached carports and garages.
(j)
"High Density Residential" means a Multiple-Unit Dwelling with self-contained
Dwelling Units accessed through a common hallway, one or more of which are
wholly or partly above another self-contained Dwelling Unit. For the purpose of
calculating amenity cost charges, High Density Residential also includes a Detached
Accessory Dwelling Unit except for one Detached Accessory Dwelling Unit
associated with a One-Unit Building.
(k) "Lot" means any lot, parcel, block, or other area in which land is held or into which
Town of Comox
Bylaw No. 2052 - Amenity Cost Charges Bylaw
Page 3
it is legally subdivided, and for certainty, includes a bare land strata lot under the
Strata Property Act.
(l)
"Low Density Residential" means a One-Unit Dwelling, or One-Unit Dwelling plus
one Detached Accessory Dwelling Unit.
(m) "Mobile Home" means a building containing one (1) Dwelling Unit, built in a
factory environment in one or more sections, intended to be occupied in a place
other than its manufacture and is constructed to the CAN/CSA Z-240 (Mobile
Home) standard, but excludes recreational vehicles.
(n) "Mobile Home Park" means a lot used for the accommodation of two (2) or more
Mobile Homes placed on constructed pads.
(o) "Medium Density Residential" means a Two-Unit Dwelling or Multiple-Unit
Dwelling with self-contained Dwelling Units accessible through separate, ground-
oriented entrances. Forms include Mobile Home Parks, duplexes, triplexes,
fourplexes and townhouses.
(p) "Secondary Suite" means a self-contained Dwelling Unit that is smaller than,
secondary to, and connected to a principal Dwelling Unit located within a principal
building on the same lot. For the purposes of this Bylaw a Secondary Suite is
deemed not to be a separate Dwelling Unit from the principal Dwelling Unit.
(q) "Subdivision" means a subdivision as defined in the Land Title Act or Strata Property
Act.
(r) "Town" means the Town of Comox.
(s) "Zoning Bylaw" means the Town of Comox Zoning Bylaw, as amended, or repealed
and replaced from time to time.
3.0 AMENITY COST CHARGES:
3.1 Pursuant to section 570.2 (1) of the Local Government Act for the purpose of providing
funds to assist the Town in paying the capital costs of providing, constructing, altering
or expanding the amenities set out in Schedule "B" to this Bylaw to service, directly or
indirectly, the Development and the increased population of residents that results from
the Development for which the charge is being imposed, the amenity cost charges set
out in Schedule "A", attached hereto and forming part of this Bylaw, are hereby
imposed on every person who obtains:
(a) approval of a Subdivision of land under the Land Title Act or the Strata Property
Act, that results in two (2) or more Lots on which the Zoning Bylaw permits the
Construction of Low Density Residential;
Town of Comox
Bylaw No. 2052 - Amenity Cost Charges Bylaw
Page 4
(b) approval of a Building Permit for all other types of Development to which this
Bylaw applies.
and the amenity cost charge shall be paid upon approval of a Subdivision or
issuance of a Building Permit, as the case may be.
4.0 EXEMPTIONS:
4.1 Despite any other provision of this Bylaw, an amenity cost charge is not payable if any
of the following applies in relation to a Development authorized by a Building Permit:
(a) the permit authorizes the Construction, of a building or part of a building that is, or
will be, after the Construction, exempt from taxation under section 220(1)(h) or
224(2)(f) of the Community Charter;
4.2 Despite any other provision of this Bylaw, an amenity cost charge is not payable:
(a) in relation to affordable and special needs housing units that are required under an
affordable and special needs housing zoning bylaw as defined under section 478.1
of the Local Government Act;
(b) if no increase in the population of residents is expected to result from the
Development;
(c) in respect of a particular amenity, if an amenity cost charge in respect of that
amenity has previously been paid for the same Development, unless further
Development is expected to result in an increase in the population of residents or
workers;
(d) in respect of a capital cost for which a development cost charge may be imposed;
(e) in relation to a Development for any class of affordable housing prescribed by
regulation; or
(f) the Local Government Act or any regulations thereunder provide that no amenity
cost charge is payable.
5.0 CALCULATION OF APPLICABLE CHARGES:
5.1 The amount of amenity cost charges payable in relation to a particular Development
shall be calculated using the applicable charges set out in Schedule "A" of this Bylaw.
5.2 Where a type of Development is not specifically identified in Schedule "A" the amount
of amenity cost charges to be paid to the municipality shall be equal to the amenity
cost charges that are payable for the most comparable type of Development.
5.3 When a Lot or a building or structure on a Lot is used or Developed or intended to be
AMENITY COST CHARGES BYLAW NO. 2052
6.0 EFFECTIVE DATE:
6.1 This Bylaw shall come into force and effect the date of adoption.
7.0 SEVERABILITY:
Pages
7.1 If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then
the invalid portion must be severed, and the remainder of the Bylaw remains valid.
8.0 ADOPTION:
READ A FIRST, SECOND, AND THIRD time this
ADOPTED this
22nd day of October, 2025
1 ath day of March, 2026
RPORArE OFFICER
Town of Comox
Bylaw No. 2052 - Amenity Cost Charges Bylaw
SCHEDULE "A"
SCHEDULE "A"
Amenity Cost Charges Bylaw No. 2052
Amenity Cost Charge Rates
Land Use
Unit
Total
Low Density Residential
Per Dwelling Unit/Lot
$7,963
Medium Density Residential
Per Dwelling Unit
$3,723
High Density Residential
Per m2 of GFA
$44.30
Commercial
Per m2 of GFA
$0.00
Industrial
Per m2 of GFA
$0.00
Institutional
Per m2 of GFA
$0.00
Town of Comox
Bylaw No. 2052 - Amenity Cost Charges Bylaw
SCHEDULE "B"
SCHEDULE "B"
Amenity Cost Charges Bylaw No. 2052
List of Amenities
1. Village Field Master Plan
2. Comox Community Centre Fitness Studio Expansion
3. Comox Community Centre Phase A: Building Expansion
4. CC/Village Park - Basketball Courts
5. CC/Village Park - Skills Trail
6. Lancaster Park - Covered Picnic Shelter
7. Lancaster Park - Pathway Lighting
8. Marina Park - Shade Structures