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Driveway Access Bylaw, 1987 (No. 3550)
Consolidated for Convenience Only
This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all
interpretations and application of the bylaws of this subject.
Consolidated up to July 21, 2025 to include Bylaws:
3648
Adopted May 28, 1990
3916
Adopted Oct. 15, 1996
4087
Adopted July 24, 2000
4113
Adopted Mar. 12, 2001
4126
Adopted May 28, 2001
4280
Adopted June 27, 2005
4415
Adopted June 9, 2008
4684
Adopted Mar. 13, 2017
4801
Adopted Dec. 13, 2021
4809
Adopted Apr. 25, 2022
4896
Adopted Feb. 24, 2025
4918
Adopted July 14, 2025
4914
Adopted July 21, 2025
Bylaw No. 3550
2
THE CORPORATION OF THE DISTRICT OF OAK BAY
BYLAW NO. 3550
A Bylaw to regulate the means of vehicular access to and from a highway
The Municipal Council of The Corporation of the District of Oak Bay, in open meeting assembled,
enacts as follows:
1
In this Bylaw
"BOULEVARD FRONTAGE" means that portion of a highway lying between the roadway and the
adjacent property line;
"CONCRETE DRIVEWAY" includes, in addition to a driveway access surfaced with poured
concrete, but only for portions of the driveway access other than the public sidewalk, a driveway
access surfaced with a top course consisting of either interlocking concrete paving bricks or an
interlocking grid product of concrete or other load-bearing composition with openings designed to be
filled with turf, placed in each case over the required base course and sub-base course;
(**Bylaw No. 4415, adopted June 9, 2008)
"CONSTRUCT" includes repair, rebuild, widen or otherwise work on;
"CRUSHED ROCK SCREENINGS" means fine aggregate resulting from the rock crushing process,
with each particle having two or more fresh mechanically fractured facets;
(**Bylaw No. 4415, adopted June 9, 2008)
"DIRECTOR OF ENGINEERING SERVICES" means the Director of Engineering Services for The
Corporation of the District of Oak Bay, or any person authorized by him to act on his behalf;
"DIRECTOR OF FINANCIAL SERVICES" means the Municipal Treasurer-Collector for The
Corporation of the District of Oak Bay, or any person authorized by him to act on his behalf;
(**Bylaw No.4655, adopted November 23, 2015)
"DRIVEWAY ACCESS" means that portion of the boulevard frontage which is improved to allow
vehicular access to an adjacent parcel of land;
"DRIVEWAY ACCESS PERMIT" means a driveway access permit issued pursuant to this Bylaw;
"GROUND-ORIENTED MULTIPLE-UNIT DWELLING UNIT" means a dwelling unit in a
Multiple-Unit Dwelling where each dwelling unit has its main entrance fronting directly onto a public
highway.
(**Bylaw No.4896, Feb. 24, 2025)
"HIGHWAY" means a street, road, lane, bridge, viaduct and any other way open to public use, but
does not include a private right of way or easement over private property;
"LANE" means a highway developed for vehicular passage but not exceeding 6.1 metres in dedicated
width, abutting a lot line of a parcel which is not designated as either a front lot line or an exterior
side lot line pursuant to the Zoning Bylaw, 1986, of The Corporation of the District of Oak Bay;
(**Bylaw No. 4280, adopted June 27, 2005)
"MULTI-UNIT DWELLING has the same meaning as the Zoning Bylaw 3531, 1986.
(**Bylaw No.4896, Feb. 24, 2025)
Bylaw No. 3550
3
"MUNICIPALITY" means The Corporation of the District of Oak Bay;
"PRINCIPAL BUILDING" means the building used for the permitted principal use on a parcel of
land;
"ROADWAY" means the portion of a highway that is designed and improved for vehicular traffic.
"PARCEL FRONTAGE" shall have the meaning assigned to the term "frontage" by the "Zoning
Bylaw, 1986" of The Corporation of the District of Oak Bay.
(**Bylaw No. 3648, adopted May 28,1990)
2
No person shall use the boulevard frontage for vehicular access between a roadway and a parcel of
land except over a portion thereof constructed as a driveway access in accordance with this Bylaw.
3
No person shall construct, reconstruct, repair or replace, or cause to be constructed, reconstructed,
repaired or replaced, a driveway access or any portion thereof unless he is the holder of a valid and
subsisting driveway access permit issued by the Director of Engineering Services, who may refuse to
issue a permit where the proposed driveway access would not comply with this Bylaw, or where the
proposed location of the driveway access would, in his assessment, cause undue disturbance to any
tree, shrubbery, ground cover, pole, lamp standard, electrical box or other public work or installation
located on, over or under the boulevard frontage.
(**Bylaw No. 4280, adopted June 27, 2005)
4
A driveway access permit shall be in such form as the Director of Engineering Services may
prescribe.
5
The owner of a parcel of land, or his duly authorized agent, who proposes to construct on such parcel
a principal building or a garage shall, subject to Section 11, obtain a driveway access permit as a
prerequisite to the issuance of a building permit unless the parcel is already served by an
appropriately sited driveway access conforming to this Bylaw.
6
An application for a driveway access permit shall be made to the Director of Engineering Services
and shall be accompanied by a suitably scaled drawing showing the location, dimensions and
construction details of the proposed driveway access along with any physical features which may
affect construction.
7
(1)
No person being the holder of a valid and subsisting driveway access permit shall
construct, reconstruct, repair or replace, or cause to be constructed, reconstructed,
repaired or replaced a driveway access except in accordance with the approved
application and the dimensions (hereinafter called the driveway access standards") set
out in Schedules "B", attached to this Bylaw. Further to Schedule "B," driveways are to
be made of concrete conforming to the specifications in the most recent Master
Municipal Construction Document, with the exception of gravel or asphalt driveways
where the circumstances in Schedule "C" apply.
(**Bylaw No. 4280, adopted June 27, 2005)
(**Bylaw No.4896, Feb. 24, 2025)
(2)
Notwithstanding Subsection (1),
(a)
the repair or reconstruction of a driveway access lawfully constructed prior to February
23, 1987, whose width does not meet the driveway access standards, or which does not
comply with Section 12(1), may be undertaken at the pre-existing location and width
provided that:
Bylaw No. 3550
4
(i)
the repair or reconstruction would, when completed, create no further
contravention of the driveway width portions of the driveway access
standards, or the matters regulated by Section 12(1), than that existing at the
time the repair or reconstruction was started; and
(ii)
the repaired or reconstructed driveway access complies with all driveway
access standards other than those governing driveway width or the matters
regulated by Section 12(1), as the case may be;
(**Bylaw No. 4280, adopted June 27, 2005)
(b)
where in the assessment of the Municipal Council:
(i)
the effect of the application of the driveway access standards in a specific
situation would be to limit the allowable driveway access width to a dimension
that does not permit reasonable access to and from a motor vehicle for a
person living on the parcel served by the driveway access who because of a
disability is confined to a wheelchair; and
(ii)
the development of the parcel is such that the required manoeuvring space
cannot reasonably be created on private property,
then the Municipal Council may, by resolution, direct the Director of Engineering
Services to issue a permit for a driveway access of specified width greater than the
maximum permitted by the driveway access standards. In addition to specifying the
revised maximum allowable width, such a resolution may impose conditions with
respect to materials, finish and configuration, with which the owner of the property
served by the driveway access shall comply
(**Bylaw No. 4280, adopted June 27, 2005)
(c)
where a proposed driveway access would provide access to a parcel of land from a
lane, the boulevard crossing may be developed to a width greater than the maximum
calculated in accordance with the driveway access standards, but not exceeding a width
which, in the assessment of the Director of Engineering Services, is required to provide
safe and convenient access to a parking area lawfully developed on the parcel; and
(**Bylaw No. 4280, adopted June 27, 2005)
(d)
where an existing driveway access includes a public sidewalk, the portion of the
driveway access lying between the property line and the sidewalk may be repaired,
reconstructed or replaced without requirement for replacement of the sidewalk portion
provided, in the assessment of the Director of Engineering Services, that the
reconstructed portion of the driveway access and the edge of the existing sidewalk can
be joined without creating a hazard for users of the sidewalk or any other portion of the
driveway access, or in the alternative, that the applicant or permit-holder, as the case
may be, has paid to the Director of Financial Services in advance an amount equal to
the cost of the work required for the Municipality to create a safe transition as
estimated by the Director of Engineering Services; and
(**Bylaw No. 4280, adopted June 27, 2005)
(*Bylaw No. 4655, adopted November 23, 2015)
(e) where a proposed driveway access would provide access to a Common Property Access
Route of a Bare Land Strata Plan subdivision, the boulevard crossing may be developed
to a width greater than the maximum calculated in accordance with the driveway access
standards, but not exceeding a width of 6.0 metres unless, in the assessment of the
Director of Engineering Services, the Subdivision Approving Officer and the Fire Chief,
a wider width is required to provide safe and convenient access to the Common Property
Bylaw No. 3550
5
Access Route lawfully developed on the parcel.
(**Bylaw No. 4809, adopted April 25, 2022)
(f)
where a proposed driveway access would provide access to a parcel of land zoned for
a Commercial or Institutional use, provided that:
(i)
The proposed driveway access is assessed by the Director of Engineering
Services and is not deemed to cause a significant safety risk to the public, and
(ii)
In the opinion of the Municipal Council, the proposed driveway access would
not substantially affect the use or enjoyment of adjacent land
Then the Municipal Council may, by resolution, instruct the Director of Engineering
Services to issue a permit for a driveway access of specified width greater than the
maximum permitted by the driveway access standards.
(**Bylaw No. 4918, adopted July 14, 2025)
(3)
A footpath providing pedestrian access over a boulevard from a highway to a parcel of land
shall not exceed a width of 1.3 metres, and shall be separated from a driveway access by
not less than 1.5 metres at all points, with the area of separation not to be hard-surfaced or
graveled.
(**Bylaw No. 4280, adopted June 27, 2005)
(**Bylaw No. 4801, adopted December 13, 2021)
(**Bylaw No. 4809, adopted April 25, 2022)
(a) Where in the assessment of the Director of Engineering Services, the effect of the
application of the maximum footpath width would be to limit the reasonable access to and
from the property for a person living on the parcel who because of a disability is confined
to a wheelchair or requires other mobility assistance, the Director of Engineering Services
may grant a waiver to Section 7(3) to allow the construction of a footpath to a reasonable
width that allows that person access to the parcel from the sidewalk.
(**Bylaw No. 4801, adopted December 13, 2021)
8
No person shall obtain a driveway access permit until he has deposited with the Director of Financial
Services monies equal to the estimate of the cost of constructing, reconstructing, repairing or
replacing the driveway access prepared by the Director of Engineering Services in accordance with
Schedule "A".
(**Bylaw No. 4280, adopted June 27, 2005)
9
A person constructing, reconstructing, repairing or replacing a driveway access pursuant to this
Bylaw shall call for inspection by the Director of Engineering Services at such stages as may be
stipulated by him in the driveway access permit.
(**Bylaw No. 4280, adopted June 27, 2005)
10
Monies deposited pursuant to Section 8 shall be refunded only after the applicant has completed
construction, reconstruction, repair or replacement of the driveway access in accordance with the
driveway access standards and within the time specified in the driveway access permit, and may
otherwise be applied by the Municipality to the cost of remedial work undertaken by its crews.
(**Bylaw No. 4280, adopted June 27, 2005)
11
On receipt of an application for a driveway access permit, and provided that the proposed driveway
access complies with the driveway access standards, the Director of Engineering Services may elect
to have the driveway access constructed, reconstructed, repaired or replaced by municipal crews. If
the Director of Engineering Services so elects, the applicant shall pay to the Director of Engineering
Services in advance of construction and, if applicable, the issuance of a building permit, an amount
Bylaw No. 3550
6
equal to the estimate of the cost of constructing, reconstructing, repairing or replacing the driveway
access prepared by the Director of Engineering Services in accordance with Schedule "A".
(**Bylaw No. 4280, adopted June 27, 2005)
12
(1)
For any parcel of land designated for Residential(R) Use pursuant to the 'Zoning Bylaw, 1986'
of The Corporation of the District of Oak Bay, no more than one driveway access shall be
constructed except where the parcel frontage exceeds 30.5 metres, in which case a maximum
of one additional driveway access may be constructed provided, notwithstanding the driveway
access standards, that the width of neither driveway access shall exceed 3.0 metres, and that
there shall be a distance of not less than 15.0 metres between the midpoints of each driveway
access.
(**Bylaw No. 3648, adopted May 28, 1990)
(**Bylaw No. 3916, adopted Oct 15,1996)
(**Bylaw No.4896, Feb. 24, 2025)
(1.1)
Notwithstanding 12 (1) in the case of a development containing Ground-Oriented Multiple-
Unit Residential Dwelling Units, where required to provide direct access from a public
highway to any parking area attached to and forming part of an individual dwelling unit,
provided that the Director of Engineering Services has determined that the location of each
such access would not compromise safety either for passing traffic or for vehicles using the
access, and provided that for each parcel boundary abutting a highway, the cumulative width of
all driveway crossings serving the parcel over that boundary does not exceed 40% of the length
of the portion of the boundary common to the parcel and the highway.
(**Bylaw No.4914, adopted July 21, 2025)
(2)
Notwithstanding subsection (1), where the parcel frontage is less than or equal to 30.5 metres,
but where in the opinion of the Municipal Council the construction of an additional driveway
access would provide the only practicable means of
(a)
(i)
remedying a shortfall between the number of parking spaces actually provided on
the parcel to be served by such additional driveway access, and the number of
parking spaces required to be located on that parcel under the Parking Facilities
Bylaw; or
(ii)
allowing the safe movement of traffic on and off the parcel to be served by such
additional driveway access;
and in the opinion of the Municipal Council
(b)
an exemption from the requirements of subsection (1) would neither
(i)
substantially affect the use and enjoyment of adjacent land;
(ii)
defeat the intent of subsection (1);
(iii) result in a contravention of any other bylaw; nor
(iv) create a safety hazard,
then the Municipal Council may, by resolution, instruct the Director of Engineering
Services to issue a permit for an additional driveway access, provided that the width of
neither driveway access shall exceed 3.0 metres.
(**Bylaw No. 4113, adopted March 12, 2001)
(3)
Notwithstanding (1) and (2) for any other parcel of land other than one designated for (R) Use
pursuant to the Zoning Bylaw, 1986, of The Corporation of the District of Oak Bay, no more
than one driveway access shall be constructed except:
Bylaw No. 3550
7
(a)
where permitted by the Director of Engineering Services in order to ensure safe and
efficient movement of vehicular traffic on and off the parcel; or
(b)
in the case of a development containing Ground-Oriented Multiple-Unit Residential
Dwelling Units, where required to provide direct access from a public highway to any
parking area attached to and forming part of an individual dwelling unit, provided that
the Director of Engineering Services has determined that the location of each such
access would not compromise safety either for passing traffic or for vehicles using the
access, and provided that for each parcel boundary abutting a highway, the cumulative
width of all driveway crossings serving the parcel over that boundary does not exceed
40% of the length of the portion of the boundary common to the parcel and the highway.
(**Bylaw No. 4163, adopted Aug. 19, 2002)
(**Bylaw No.4896, Feb. 24, 2025)
(4)
A driveway access providing access to a parcel from a lane shall not be counted for the purpose
of applying subsection (1).
(**Bylaw No. 4280, adopted June 27, 2005)
13
A driveway access must be extended onto the parcel of land served by it in order to provide for
off-street parking.
14
Where a parcel of land is proposed to be served by a driveway constructed through another parcel of
land, no driveway access permit shall be issued until an easement granting the dominant tenement a
right of passage is registered in the Victoria Land Title Office.
15
A driveway access permit will not be issued to provide access to a highway upon which no roadway
has been constructed.
16
No driveway access shall block or hinder the flow of roadside drainage.
17
The grade of a driveway access shall not exceed 15 percent.
(**Bylaw No. 3648, adopted May 28, 1990)
18
Every person who offends against any of the provisions of this bylaw, or who suffers or permits any
act or thing to be done in contravention or violation of any of the provisions of this Bylaw, or
neglects or refrains from doing anything required to be done under this Bylaw, or who does any act or
thing which violates any of the provisions of this Bylaw shall be deemed to have committed an
offence under this Bylaw and shall be liable, on conviction, to a fine and penalty of not less than One
Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00).
(**Bylaw No. 3648, adopted May 28,1990)
(**Bylaw No. 3916, adopted Oct 15,1996)
19
Except insofar as they repeal any other bylaw, the following bylaws are hereby repealed:
(1)
Bylaw No. 3134, "Boulevard Crossing Bylaw, 1976";
(2)
Bylaw No. 3180, "Boulevard Crossing Bylaw Amendment Bylaw, 1976";
(3)
Bylaw No. 3213, "Boulevard Crossing Bylaw Amendment Bylaw, 1977";
(4)
Bylaw No. 3367, "Boulevard Crossing Bylaw Amendment Bylaw, 1981"; and
(5)
Bylaw No. 3534, "Boulevard Crossing Bylaw Amendment Bylaw, 1986".
PROVIDED that such repeal shall not effect any offence committed, or penalty or punishment
Bylaw No. 3550
8
incurred, under such repealed bylaw, and any such penalty or punishment may be imposed as if this
Bylaw had not been passed.
(**Bylaw No. 3648, adopted May 28, 1990)
20
This Bylaw may be cited as the "DRIVEWAY ACCESS BYLAW, 1987".
READ a first, second and third time by the Municipal Council on February 9, 1987
RECONSIDERED, ADOPTED and FINALLY PASSED by the Municipal Council on February 23, 1987
___________________________________
___________________________________
Mayor Municipal Clerk
Sealed with the Seal of The Corporation of the
District of Oak Bay.
Bylaw No. 3550
9
Driveway Access Bylaw
Schedule "A"
Fees for the construction, reconstruction or replacement of standard** (**See Notes) driveway accesses
shall be calculated on the following unit rates:
(**Bylaw No. 4684, adopted March 13, 2017)
Description
Unit Rate
New or replacement driveway access,
exclusive of curb and gutter
** Five Hundred and Eighty Dollars ($580) per square
metre
(**Bylaw No. 4684, adopted March 13, 2017)
Curb and Gutter - New or Replacement
** Five Hundred and Eighty Dollars ($580) per lineal
metre
(**Bylaw No. 4684, adopted March 13, 2017)
Removal and disposal of existing driveway
access
** One Hundred and Ten Dollars ($110) per square
metre
(**Bylaw No 4684, adopted March 13, 2017)
Curb and gutter reinstatement where an
existing driveway access has been removed
and/or relocated
** Five Hundred and Eighty Dollars ($580) per lineal
metre
(**Bylaw No. 4684, adopted March 13, 2017)
Sidewalk reinstatement where an existing
driveway access has been removed and /or
relocated
** Five Hundred and Forty Dollars ($540) per square
metre.
(**Bylaw No. 4684, adopted March 13, 2017)
Boulevard reinstatement
** One Hundred and Ten Dollars ($110) per square
metre.
(**Bylaw No. 4684, adopted March 13, 2017)
Utility Sleeve
** Three Hundred Dollars ($300) each
(**Bylaw No. 4684, adopted March 13, 2017)
** Asphalt Tie-in
(**Bylaw No .4684, adopted March 13, 2017)
Three Hundred and Eighty Dollars ($380) per square
metre.
Note 1: Fees for driveway accesses which require the installation of any special provisions (culvert,
conduit, vault, etc.), retaining walls, or blasting, or for spot repairs short of reconstruction or
replacement, shall be calculated by the Director of Engineering Services on an actual cost basis.
** Note 2: Compaction tests to 95% modified Proctor density for driveway, walkway, and roadway on
municipal property to be provided by property owner. (**Bylaw No. 4684, adopted March 13,
2017)
(**Bylaw No. 4126, adopted May 28, 2001)
(**Bylaw No. 4280, adopted June 27, 2005)
(**Bylaw No. 4684, adopted March 13, 2017)
Bylaw No. 3550
10
Schedule B
(**Bylaw No.4896, Feb. 24, 2025)
Bylaw No. 3550
11
Schedule C
A driveway access may be surfaced with crushed rock screenings provided all of the following conditions
and specifications are satisfied:
1.
No asphalt or concrete water control or curb defines the edge of the roadway adjacent to the
boundary of the parcel served by the driveway access;
2.
No public sidewalk surfaced with concrete, asphalt, paving bricks or similar hard material is
intersected or abutted by the driveway access; and
3.
Surface crushed rock screenings are to be 9.5 mm minus in a top course of thickness not less than
75 mm, placed on a base course and sub-base course meeting the specifications set out in Schedule 'B'.
A driveway access may be surfaced with asphalt provided each of the following conditions are met:
1.
No concrete sidewalk or concrete curb is present at the edge of the road; and
2.
Asphalt is laid to a minimum 80 mm thickness.
(**Bylaw No.4896, Feb. 24, 2025)